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Public Act 92-0571
HB4936 Enrolled LRB9211054RCsbA
AN ACT in relation to criminal law.
Whereas: The interstate compact for the supervision of
Parolees and Probationers was established in 1937, it is the
earliest corrections "compact" established among the states
and has not been amended since its adoption over 62 years
ago;
Whereas: This compact is the only vehicle for the
controlled movement of adult parolees and probationers across
state lines, and it currently has jurisdiction over more than
a quarter of a million offenders;
Whereas: The complexities of the compact have become more
difficult to administer, and many jurisdictions have expanded
supervision expectations to include currently unregulated
practices such as victim input, victim notification
requirements and sex offender registration;
Whereas: After hearings, national surveys, and a detailed
study by a task force appointed by the National Institute of
Corrections, the overwhelming recommendation has been to
amend the document to bring about an effective management
capacity that addresses public safety concerns and offender
accountability;
Whereas: Upon the adoption of this Interstate Compact for
Adult Offender Supervision, it is the intention of the
legislature to repeal the previous Interstate Compact for the
Supervision of Parolees and Probationers on the effective
date of this Compact; therefore
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Interstate Compact for Adult Offender Supervision.
Section 5. Interstate Compact for Adult Offender
Supervision. The Governor of this State is hereby authorized
and directed to enter into a compact on behalf of this State
with any of the United States legally joining therein in the
form substantially as follows:
ARTICLE I:
PURPOSE
(a) The compacting states to this Interstate Compact
recognize that each state is responsible for the supervision
of adult offenders in the community who are authorized
pursuant to the Bylaws and Rules of this compact to travel
across state lines both to and from each compacting state in
such a manner as to: track the location of offenders,
transfer supervision authority in an orderly and efficient
manner, and when necessary return offenders to the
originating jurisdictions. The compacting states also
recognize that Congress, by enacting the Crime Control Act, 4
U.S.C. Section 112 (1965), has authorized and encouraged
compacts for cooperative efforts and mutual assistance in the
prevention of crime.
(b) It is the purpose of this compact and the Interstate
Commission created hereunder, through means of joint and
cooperative action among the compacting states: to provide
the framework for the promotion of public safety and protect
the rights of victims through the control and regulation of
the interstate movement of offenders in the community; to
provide for the effective tracking, supervision, and
rehabilitation of these offenders by the sending and
receiving states; and to equitably distribute the costs,
benefits and obligations of the compact among the compacting
states.
(c) In addition, this compact will: create an Interstate
Commission which will establish uniform procedures to manage
the movement between states of adults placed under community
supervision and released to the community under the
jurisdiction of courts, paroling authorities, corrections or
other criminal justice agencies which will promulgate rules
to achieve the purpose of this compact; ensure an opportunity
for input and timely notice to victims and to jurisdictions
where defined offenders are authorized to travel or to
relocate across state lines; establish a system of uniform
data collection, access to information on active cases by
authorized criminal justice officials, and regular reporting
of Compact activities to heads of state councils, state
executive, judicial, and legislative branches and criminal
justice administrators; monitor compliance with rules
governing interstate movement of offenders and initiate
interventions to address and correct non-compliance; and
coordinate training and education regarding regulations of
interstate movement of offenders for officials involved in
such activity.
(d) The compacting states recognize that there is no
"right" of any offender to live in another state and that
duly accredited officers of a sending state may at all times
enter a receiving state and there apprehend and retake any
offender under supervision subject to the provisions of this
compact and Bylaws and Rules promulgated hereunder. It is the
policy of the compacting states that the activities conducted
by the Interstate Commission created herein are the formation
of public policies and are therefore public business.
ARTICLE II:
DEFINITIONS
As used in this compact, unless the context clearly
requires a different construction:
(1) "Adult" means both individuals legally
classified as adults and juveniles treated as adults by
court order, statute, or operation of law.
(2) "By-laws" mean those by-laws established by the
Interstate Commission for its governance, or for
directing or controlling the Interstate Commission's
actions or conduct.
(3) "Compact Administrator" means the individual in
each compacting state appointed pursuant to the terms of
this compact responsible for the administration and
management of the state's supervision and transfer of
offenders subject to the terms of this compact, the rules
adopted by the Interstate Commission and policies adopted
by the State Council under this compact.
(4) "Compacting state" means any state which has
enacted the enabling legislation for this compact.
(5) "Commissioner" means the voting representative
of each compacting state appointed pursuant to Article
III of this compact.
(6) "Interstate Commission" means the Interstate
Commission for Adult Offender Supervision established by
this compact.
(7) "Member" means the commissioner of a compacting
state or designee, who shall be a person officially
connected with the commissioner.
(8) "Non Compacting state" means any state which
has not enacted the enabling legislation for this
compact.
(9) "Offender" means an adult placed under, or
subject to, supervision as the result of the commission
of a criminal offense and released to the community under
the jurisdiction of courts, paroling authorities,
corrections, or other criminal justice agencies.
(10) "Person" means any individual, corporation,
business enterprise, or other legal entity, either public
or private.
(11) "Rules" means acts of the Interstate
Commission, duly promulgated pursuant to Article VII of
this compact, substantially affecting interested parties
in addition to the Interstate Commission, which shall
have the force and effect of law in the compacting
states.
(12) "State" means a state of the United States,
the District of Columbia and any other territorial
possessions of the United States.
(13) "State Council" means the resident members of
the State Council for Interstate Adult Offender
Supervision created by each state under Article III of
this compact.
ARTICLE III:
THE COMPACT COMMISSION
(a) The compacting states hereby create the "Interstate
Commission for Adult Offender Supervision." The Interstate
Commission shall be a body corporate and joint agency of the
compacting states. The Interstate Commission shall have all
the responsibilities, powers and duties set forth herein,
including the power to sue and be sued, and such additional
powers as may be conferred upon it by subsequent action of
the respective legislatures of the compacting states in
accordance with the terms of this compact.
(b) The Interstate Commission shall consist of
Commissioners selected and appointed by resident members of a
State Council for Interstate Adult Offender Supervision for
each state.
(c) In addition to the Commissioners who are the voting
representatives of each state, the Interstate Commission
shall include individuals who are not commissioners but who
are members of interested organizations; such
non-commissioner members must include a member of the
national organizations of governors, legislators, state chief
justices, attorneys general and crime victims. All
non-commissioner members of the Interstate Commission shall
be ex-officio (nonvoting) members. The Interstate Commission
may provide in its by-laws for such additional, ex-officio,
non-voting members as it deems necessary.
(d) Each compacting state represented at any meeting of
the Interstate Commission is entitled to one vote. A majority
of the compacting states shall constitute a quorum for the
transaction of business, unless a larger quorum is required
by the by-laws of the Interstate Commission. The Interstate
Commission shall meet at least once each calendar year. The
chairperson may call additional meetings and, upon the
request of 27 or more compacting states, shall call
additional meetings. Public notice shall be given of all
meetings and meetings shall be open to the public.
(e) The Interstate Commission shall establish an
Executive Committee which shall include commission officers,
members and others as shall be determined by the By-laws. The
Executive Committee shall have the power to act on behalf of
the Interstate Commission during periods when the Interstate
Commission is not in session, with the exception of
rulemaking and/or amendment to the Compact. The Executive
Committee oversees the day-to-day activities managed by the
Executive Director and Interstate Commission staff;
administers enforcement and compliance with the provisions of
the compact, its by-laws and as directed by the Interstate
Commission and performs other duties as directed by
Commission or set forth in the By-laws.
ARTICLE IV:
THE STATE COUNCIL
(a) Each member state shall create a State Council for
Interstate Adult Offender Supervision which shall be
responsible for the appointment of the commissioner who shall
serve on the Interstate Commission from that state.
(b) Each state council shall appoint as its commissioner
the Compact Administrator from the state to serve on the
Interstate Commission in such capacity under or pursuant to
applicable law of the member state. While each member state
may determine the membership of its own state council, its
membership must include at least one representative from the
legislative, judicial, and executive branches of government,
victims groups, and compact administrators. Each compacting
state retains the right to determine the qualifications of
the Compact Administrator who shall be appointed by the state
council or by the Governor in consultation with the
Legislature and the Judiciary.
(c) In addition to appointment of its commissioner to
the National Interstate Commission, each state council shall
exercise oversight and advocacy concerning its participation
in Interstate Commission activities and other duties as may
be determined by each member state including but not limited
to, development of policy concerning operations and
procedures of the compact within that state.
ARTICLE V:
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
(a) The Interstate Commission shall have the following
powers:
(1) To adopt a seal and suitable by-laws governing
the management and operation of the Interstate
Commission.
(2) To promulgate rules which shall have the force
and effect of statutory law and shall be binding in the
compacting states to the extent and in the manner
provided in this compact.
(3) To oversee, supervise and coordinate the
interstate movement of offenders subject to the terms of
this compact and any by-laws adopted and rules
promulgated by the compact commission.
(4) To enforce compliance with compact provisions,
Interstate Commission rules, and by-laws, using all
necessary and proper means, including but not limited to,
the use of judicial process.
(5) To establish and maintain offices.
(6) To purchase and maintain insurance and bonds.
(7) To borrow, accept, or contract for services of
personnel, including, but not limited to, members and
their staffs.
(8) To establish and appoint committees and hire
staff which it deems necessary for the carrying out of
its functions including, but not limited to, an executive
committee as required by Article III which shall have the
power to act on behalf of the Interstate Commission in
carrying out its powers and duties hereunder.
(9) To elect or appoint such officers, attorneys,
employees, agents, or consultants, and to fix their
compensation, define their duties and determine their
qualifications; and to establish the Interstate
Commission's personnel policies and programs relating to,
among other things, conflicts of interest, rates of
compensation, and qualifications of personnel.
(10) To accept any and all donations and grants of
money, equipment, supplies, materials, and services, and
to receive, utilize, and dispose of same.
(11) To lease, purchase, accept contributions or
donations of, or otherwise to own, hold, improve or use
any property, real, personal, or mixed.
(12) To sell, convey, mortgage, pledge, lease,
exchange, abandon, or otherwise dispose of any property,
real, personal or mixed.
(13) To establish a budget and make expenditures
and levy dues as provided in Article IX of this compact.
(14) To sue and be sued.
(15) To provide for dispute resolution among
Compacting States.
(16) To perform such functions as may be necessary
or appropriate to achieve the purposes of this compact.
(17) To report annually to the legislatures,
governors, judiciary, and state councils of the
compacting states concerning the activities of the
Interstate Commission during the preceding year. Such
reports shall also include any recommendations that may
have been adopted by the Interstate Commission.
(18) To coordinate education, training and public
awareness regarding the interstate movement of offenders
for officials involved in such activity.
(19) To establish uniform standards for the
reporting, collecting, and exchanging of data.
ARTICLE VI:
ORGANIZATION AND OPERATION OF THE INTERSTATE
COMMISSION
(a) By-laws. The Interstate Commission shall, by a
majority of the Members, within twelve months of the first
Interstate Commission meeting, adopt By-laws to govern its
conduct as may be necessary or appropriate to carry out the
purposes of the Compact, including, but not limited to:
(1) establishing the fiscal year of the Interstate
Commission;
(2) establishing an executive committee and such
other committees as may be necessary;
(3) providing reasonable standards and procedures:
(i) for the establishment of committees, and
(ii) governing any general or specific
delegation of any authority or function of the
Interstate Commission;
(4) providing reasonable procedures for calling and
conducting meetings of the Interstate Commission, and
ensuring reasonable notice of each such meeting;
(5) establishing the titles and responsibilities of
the officers of the Interstate Commission;
(6) providing reasonable standards and procedures
for the establishment of the personnel policies and
programs of the Interstate Commission. Notwithstanding
any civil service or other similar laws of any Compacting
State, the By-laws shall exclusively govern the personnel
policies and programs of the Interstate Commission;
(7) providing a mechanism for winding up the
operations of the Interstate Commission and the equitable
return of any surplus funds that may exist upon the
termination of the Compact after the payment and/or
reserving of all of its debts and obligations;
(8) providing transition rules for "start up"
administration of the compact;
(9) establishing standards and procedures for
compliance and technical assistance in carrying out the
compact.
(b) Officers and Staff.
(1) The Interstate Commission shall, by a majority
of the Members, elect from among its Members a
chairperson and a vice chairperson, each of whom shall
have such authorities and duties as may be specified in
the By-laws. The chairperson or, in his or her absence or
disability, the vice chairperson, shall preside at all
meetings of the Interstate Commission. The Officers so
elected shall serve without compensation or remuneration
from the Interstate Commission; PROVIDED THAT, subject to
the availability of budgeted funds, the officers shall be
reimbursed for any actual and necessary costs and
expenses incurred by them in the performance of their
duties and responsibilities as officers of the Interstate
Commission.
(2) The Interstate Commission shall, through its
executive committee, appoint or retain an executive
director for such period, upon such terms and conditions
and for such compensation as the Interstate Commission
may deem appropriate. The executive director shall serve
as secretary to the Interstate Commission, and hire and
supervise such other staff as may be authorized by the
Interstate Commission, but shall not be a member.
(c) Corporate Records of the Interstate Commission. The
Interstate Commission shall maintain its corporate books and
records in accordance with the By-laws.
(d) Qualified Immunity, Defense and Indemnification.
(1) The Members, officers, executive director and
employees of the Interstate Commission shall be immune
from suit and liability, either personally or in their
official capacity, for any claim for damage to or loss of
property or personal injury or other civil liability
caused or arising out of any actual or alleged act, error
or omission that occurred within the scope of Interstate
Commission employment, duties or responsibilities;
PROVIDED, that nothing in this paragraph shall be
construed to protect any such person from suit and/or
liability for any damage, loss, injury or liability
caused by the intentional or willful and wanton
misconduct of any such person.
(2) The Interstate Commission shall defend the
Commissioner of a Compacting State, or his or her
representatives or employees, or the Interstate
Commission's representatives or employees, in any civil
action seeking to impose liability, arising out of any
actual or alleged act, error or omission that occurred
within the scope of Interstate Commission employment,
duties or responsibilities, or that the defendant had a
reasonable basis for believing occurred within the scope
of Interstate Commission employment, duties or
responsibilities; PROVIDED, that the actual or alleged
act, error or omission did not result from intentional
wrongdoing on the part of such person.
(3) The Interstate Commission shall indemnify and
hold the Commissioner of a Compacting State, the
appointed designee or employees, or the Interstate
Commission's representatives or employees, harmless in
the amount of any settlement or judgment obtained against
such persons arising out of any actual or alleged act,
error or omission that occurred within the scope of
Interstate Commission employment, duties or
responsibilities, or that such persons had a reasonable
basis for believing occurred within the scope of
Interstate Commission employment, duties or
responsibilities, provided, that the actual or alleged
act, error or omission did not result from gross
negligence or intentional wrongdoing on the part of such
person.
ARTICLE VII:
ACTIVITIES OF THE INTERSTATE COMMISSION
(a) The Interstate Commission shall meet and take such
actions as are consistent with the provisions of this
Compact.
(b) Except as otherwise provided in this Compact and
unless a greater percentage is required by the By-laws, in
order to constitute an act of the Interstate Commission, such
act shall have been taken at a meeting of the Interstate
Commission and shall have received an affirmative vote of a
majority of the members present.
(c) Each Member of the Interstate Commission shall have
the right and power to cast a vote to which that Compacting
State is entitled and to participate in the business and
affairs of the Interstate Commission. A member shall vote in
person on behalf of the state and shall not delegate a vote
to another member state. However, a State Council shall
appoint another authorized representative, in the absence of
the commissioner from that state, to cast a vote on behalf of
the member state at a specified meeting. The By-laws may
provide for Members' participation in meetings by telephone
or other means of telecommunication or electronic
communication. Any voting conducted by telephone, or other
means of telecommunication or electronic communication shall
be subject to the same quorum requirements of meetings where
members are present in person.
(d) The Interstate Commission shall meet at least once
during each calendar year. The chairperson of the Interstate
Commission may call additional meetings at any time and, upon
the request of a majority of the Members, shall call
additional meetings.
(e) The Interstate Commission's By-laws shall establish
conditions and procedures under which the Interstate
Commission shall make its information and official records
available to the public for inspection or copying. The
Interstate Commission may exempt from disclosure any
information or official records to the extent they would
adversely affect personal privacy rights or proprietary
interests. In promulgating such Rules, the Interstate
Commission may make available to law enforcement agencies
records and information otherwise exempt from disclosure, and
may enter into agreements with law enforcement agencies to
receive or exchange information or records subject to non-
disclosure and confidentiality provisions.
(f) Public notice shall be given of all meetings and all
meetings shall be open to the public, except as set forth in
the Rules or as otherwise provided in the Compact. The
Interstate Commission shall promulgate Rules consistent with
the principles contained in the "Government in Sunshine Act,"
5 U.S.C. Section 552(b), as may be amended. The Interstate
Commission and any of its committees may close a meeting to
the public where it determines by two-thirds vote that an
open meeting would be likely to:
(1) relate solely to the Interstate Commission's
internal personnel practices and procedures;
(2) disclose matters specifically exempted from
disclosure by statute;
(3) disclose trade secrets or commercial or
financial information which is privileged or
confidential;
(4) involve accusing any person of a crime, or
formally censuring any person;
(5) disclose information of a personal nature where
disclosure would constitute a clearly unwarranted
invasion of personal privacy;
(6) disclose investigatory records compiled for law
enforcement purposes;
(7) disclose information contained in or related to
examination, operating or condition reports prepared by,
or on behalf of or for the use of, the Interstate
Commission with respect to a regulated entity for the
purpose of regulation or supervision of such entity;
(8) disclose information, the premature disclosure
of which would significantly endanger the life of a
person or the stability of a regulated entity;
(9) specifically relate to the Interstate
Commission's issuance of a subpoena, or its participation
in a civil action or proceeding.
(g) For every meeting closed pursuant to this provision,
the Interstate Commission's chief legal officer shall
publicly certify that, in his or her opinion, the meeting may
be closed to the public, and shall reference each relevant
exemptive provision. The Interstate Commission shall keep
minutes which shall fully and clearly describe all matters
discussed in any meeting and shall provide a full and
accurate summary of any actions taken, and the reasons
therefor, including a description of each of the views
expressed on any item and the record of any roll call vote
(reflected in the vote of each Member on the question). All
documents considered in connection with any action shall be
identified in such minutes.
(h) The Interstate Commission shall collect standardized
data concerning the interstate movement of offenders as
directed through its By-laws and Rules which shall specify
the data to be collected, the means of collection and data
exchange and reporting requirements.
ARTICLE VIII:
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
(a) The Interstate Commission shall promulgate Rules in
order to effectively and efficiently achieve the purposes of
the Compact including transition rules governing
administration of the compact during the period in which it
is being considered and enacted by the states.
(b) Rulemaking shall occur pursuant to the criteria set
forth in this Article and the By-laws and Rules adopted
pursuant thereto. Such rulemaking shall substantially conform
to the principles of the federal Administrative Procedure
Act, 5 U.S.C.S. section 551 et seq., and the Federal Advisory
Committee Act, 5 U.S.C.S. app. 2, section 1 et seq., as may
be amended (hereinafter "APA"). All Rules and amendments
shall become binding as of the date specified in each Rule or
amendment.
(c) If a majority of the legislatures of the Compacting
States rejects a Rule, by enactment of a statute or
resolution in the same manner used to adopt the compact, then
such Rule shall have no further force and effect in any
Compacting State.
(d) When promulgating a Rule, the Interstate Commission
shall:
(1) publish the proposed Rule stating with
particularity the text of the Rule which is proposed and
the reason for the proposed Rule;
(2) allow persons to submit written data, facts,
opinions and arguments, which information shall be
publicly available;
(3) provide an opportunity for an informal hearing;
and
(4) promulgate a final Rule and its effective date,
if appropriate, based on the rulemaking record.
(e) Not later than sixty days after a Rule is
promulgated, any interested person may file a petition in the
United States District Court for the District of Columbia or
in the Federal District Court where the Interstate
Commission's principal office is located for judicial review
of such Rule. If the court finds that the Interstate
Commission's action is not supported by substantial evidence
(as defined in the APA), in the rulemaking record, the court
shall hold the Rule unlawful and set it aside. Subjects to be
addressed within 12 months after the first meeting must at a
minimum include:
(1) notice to victims and opportunity to be heard;
(2) offender registration and compliance;
(3) violations/returns;
(4) transfer procedures and forms;
(5) eligibility for transfer;
(6) collection of restitution and fees from
offenders;
(7) data collection and reporting;
(8) the level of supervision to be provided by the
receiving state;
(9) transition rules governing the operation of the
compact and the Interstate Commission during all or part
of the period between the effective date of the compact
and the date on which the last eligible state adopts the
compact;
(10) Mediation, arbitration and dispute resolution.
(f) The existing rules governing the operation of the
previous compact superseded by this Act shall be null and
void twelve (12) months after the first meeting of the
Interstate Commission created hereunder.
(g) Upon determination by the Interstate Commission that
an emergency exists, it may promulgate an emergency rule
which shall become effective immediately upon adoption,
provided that the usual rulemaking procedures provided
hereunder shall be retroactively applied to said rule as soon
as reasonably possible, in no event later than 90 days after
the effective date of the rule.
ARTICLE IX:
OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE
INTERSTATE COMMISSION
(a) Oversight.
(1) The Interstate Commission shall oversee the
interstate movement of adult offenders in the compacting
states and shall monitor such activities being
administered in Non-compacting States which may
significantly affect Compacting States.
(2) The courts and executive agencies in each
Compacting State shall enforce this Compact and shall
take all actions necessary and appropriate to effectuate
the Compact's purposes and intent. In any judicial or
administrative proceeding in a Compacting State
pertaining to the subject matter of this Compact which
may affect the powers, responsibilities or actions of the
Interstate Commission, the Interstate Commission shall be
entitled to receive all service of process in any such
proceeding, and shall have standing to intervene in the
proceeding for all purposes.
(b) Dispute Resolution.
(1) The Compacting States shall report to the
Interstate Commission on issues or activities of concern
to them, and cooperate with and support the Interstate
Commission in the discharge of its duties and
responsibilities.
(2) The Interstate Commission shall attempt to
resolve any disputes or other issues which are subject to
the Compact and which may arise among Compacting States
and Non-compacting States.
(3) The Interstate Commission shall enact a By-law
or promulgate a Rule providing for both mediation and
binding dispute resolution for disputes among the
Compacting States.
(c) Enforcement. The Interstate Commission, in the
reasonable exercise of its discretion, shall enforce the
provisions of this compact using any or all means set forth
in Article XII, Section (b), of this compact.
ARTICLE X:
FINANCE
(a) The Interstate Commission shall pay or provide for
the payment of the reasonable expenses of its establishment,
organization and ongoing activities.
(b) The Interstate Commission shall levy on and collect
an annual assessment from each Compacting State to cover the
cost of the internal operations and activities of the
Interstate Commission and its staff which must be in a total
amount sufficient to cover the Interstate Commission's annual
budget as approved each year. The aggregate annual assessment
amount shall be allocated based upon a formula to be
determined by the Interstate Commission, taking into
consideration the population of the state and the volume of
interstate movement of offenders in each Compacting State and
shall promulgate a Rule binding upon all Compacting States
which governs said assessment.
(c) The Interstate Commission shall not incur any
obligations of any kind prior to securing the funds adequate
to meet the same; nor shall the Interstate Commission pledge
the credit of any of the compacting states, except by and
with the authority of the compacting state.
(d) The Interstate Commission shall keep accurate
accounts of all receipts and disbursements. The receipts and
disbursements of the Interstate Commission shall be subject
to the audit and accounting procedures established under its
By-laws. However, all receipts and disbursements of funds
handled by the Interstate Commission shall be audited yearly
by a certified or licensed public accountant and the report
of the audit shall be included in and become part of the
annual report of the Interstate Commission.
ARTICLE XI:
COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
(a) Any state, as defined in Article II of this compact,
is eligible to become a Compacting State.
(b) The Compact shall become effective and binding upon
legislative enactment of the Compact into law by no less than
35 of the States. The initial effective date shall be the
later of July 1, 2001, or upon enactment into law by the 35th
jurisdiction. Thereafter it shall become effective and
binding, as to any other Compacting State, upon enactment of
the Compact into law by that State. The governors of
Non-member states or their designees will be invited to
participate in Interstate Commission activities on a non-
voting basis prior to adoption of the compact by all states
and territories of the United States.
(c) Amendments to the Compact may be proposed by the
Interstate Commission for enactment by the Compacting States.
No amendment shall become effective and binding upon the
Interstate Commission and the Compacting States unless and
until it is enacted into law by unanimous consent of the
Compacting States.
ARTICLE XII:
WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL
ENFORCEMENT
(a) Withdrawal.
(1) Once effective, the Compact shall continue in
force and remain binding upon each and every Compacting
State; PROVIDED, that a Compacting State may withdraw
from the Compact ("Withdrawing State") by enacting a
statute specifically repealing the statute which enacted
the Compact into law.
(2) The effective date of withdrawal is the
effective date of the repeal.
(3) The Withdrawing State shall immediately notify
the Chairperson of the Interstate Commission in writing
upon the introduction of legislation repealing this
Compact in the Withdrawing State. The Interstate
Commission shall notify the other Compacting States of
the Withdrawing State's intent to withdraw within sixty
days of its receipt thereof.
(4) The Withdrawing State is responsible for all
assessments, obligations and liabilities incurred through
the effective date of withdrawal, including any
obligations, the performance of which extend beyond the
effective date of withdrawal.
(5) Reinstatement following withdrawal of any
Compacting State shall occur upon the Withdrawing State
reenacting the Compact or upon such later date as
determined by the Interstate Commission.
(b) Default.
(1) If the Interstate Commission determines that
any Compacting State has at any time defaulted
("Defaulting State") in the performance of any of its
obligations or responsibilities under this Compact, the
By-laws or any duly promulgated Rules, the Interstate
Commission may impose any or all of the following
penalties:
(i) Fines, fees and costs in such amounts as
are deemed to be reasonable as fixed by the
Interstate Commission;
(ii) Remedial training and technical
assistance as directed by the Interstate Commission;
(iii) Suspension and termination of membership
in the compact. Suspension shall be imposed only
after all other reasonable means of securing
compliance under the By-laws and Rules have been
exhausted. Immediate notice of suspension shall be
given by the Interstate Commission to the Governor,
the Chief Justice or Chief Judicial Officer of the
state, the majority and minority leaders of the
defaulting state's legislature, and the State
Council.
(2) The grounds for default include, but are not
limited to, failure of a Compacting State to perform such
obligations or responsibilities imposed upon it by this
compact, Interstate Commission By-laws, or duly
promulgated Rules. The Interstate Commission shall
immediately notify the Defaulting State in writing of the
penalty imposed by the Interstate Commission on the
Defaulting State pending a cure of the default. The
Interstate Commission shall stipulate the conditions and
the time period within which the Defaulting State must
cure its default. If the Defaulting State fails to cure
the default within the time period specified by the
Interstate Commission, in addition to any other penalties
imposed herein, the Defaulting State may be terminated
from the Compact upon an affirmative vote of a majority
of the Compacting States and all rights, privileges and
benefits conferred by this Compact shall be terminated
from the effective date of suspension. Within sixty days
of the effective date of termination of a Defaulting
State, the Interstate Commission shall notify the
Governor, the Chief Justice or Chief Judicial Officer and
the Majority and Minority Leaders of the Defaulting
State's legislature and the state council of such
termination.
(3) The Defaulting State is responsible for all
assessments, obligations and liabilities incurred through
the effective date of termination including any
obligations, the performance of which extends beyond the
effective date of termination.
(4) The Interstate Commission shall not bear any
costs relating to the Defaulting State unless otherwise
mutually agreed upon between the Interstate Commission
and the Defaulting State.
(5) Reinstatement following termination of any
Compacting State requires both a reenactment of the
Compact by the Defaulting State and the approval of the
Interstate Commission pursuant to the Rules.
(c) Judicial Enforcement. The Interstate Commission may,
by majority vote of the Members, initiate legal action in the
United States District Court for the District of Columbia or,
at the discretion of the Interstate Commission, in the
Federal District where the Interstate Commission has its
offices to enforce compliance with the provisions of the
Compact, its duly promulgated Rules and By-laws, against any
Compacting State in default. In the event judicial
enforcement is necessary the prevailing party shall be
awarded all costs of such litigation including reasonable
attorneys fees.
(d) Dissolution of Compact.
(1) The Compact dissolves effective upon the date
of the withdrawal or default of the Compacting State
which reduces membership in the Compact to one Compacting
State.
(2) Upon the dissolution of this Compact, the
Compact becomes null and void and shall be of no further
force or effect, and the business and affairs of the
Interstate Commission shall be wound up and any surplus
funds shall be distributed in accordance with the
By-laws.
ARTICLE XIII:
SEVERABILITY AND CONSTRUCTION
(a) The provisions of this Compact shall be severable,
and if any phrase, clause, sentence or provision is deemed
unenforceable, the remaining provisions of the Compact shall
be enforceable.
(b) The provisions of this Compact shall be liberally
constructed to effectuate its purposes.
ARTICLE XIV:
BINDING EFFECT OF COMPACT AND OTHER LAWS
(a) Other Laws.
(1) Nothing herein prevents the enforcement of any
other law of a Compacting State that is not inconsistent
with this Compact.
(2) All Compacting States' laws conflicting with
this Compact are superseded to the extent of the
conflict.
(b) Binding Effect of the Compact.
(1) All lawful actions of the Interstate
Commission, including all Rules and By-laws promulgated
by the Interstate Commission, are binding upon the
Compacting States.
(2) All agreements between the Interstate
Commission and the Compacting States are binding in
accordance with their terms.
(3) Upon the request of a party to a conflict over
meaning or interpretation of Interstate Commission
actions, and upon a majority vote of the Compacting
States, the Interstate Commission may issue advisory
opinions regarding such meaning or interpretation.
(4) In the event any provision of this Compact
exceeds the constitutional limits imposed on the
legislature of any Compacting State, the obligations,
duties, powers or jurisdiction sought to be conferred by
such provision upon the Interstate Commission shall be
ineffective and such obligations, duties, powers or
jurisdiction shall remain in the Compacting State and
shall be exercised by the agency thereof to which such
obligations, duties, powers or jurisdiction are delegated
by law in effect at the time this Compact becomes
effective.
Section 105. The Illinois Administrative Procedure Act
is amended by changing Section 1-5 as follows:
(5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
Sec. 1-5. Applicability.
(a) This Act applies to every agency as defined in this
Act. Beginning January 1, 1978, in case of conflict between
the provisions of this Act and the Act creating or conferring
power on an agency, this Act shall control. If, however, an
agency (or its predecessor in the case of an agency that has
been consolidated or reorganized) has existing procedures on
July 1, 1977, specifically for contested cases or licensing,
those existing provisions control, except that this exception
respecting contested cases and licensing does not apply if
the Act creating or conferring power on the agency adopts by
express reference the provisions of this Act. Where the Act
creating or conferring power on an agency establishes
administrative procedures not covered by this Act, those
procedures shall remain in effect.
(b) The provisions of this Act do not apply to (i)
preliminary hearings, investigations, or practices where no
final determinations affecting State funding are made by the
State Board of Education, (ii) legal opinions issued under
Section 2-3.7 of the School Code, (iii) as to State colleges
and universities, their disciplinary and grievance
proceedings, academic irregularity and capricious grading
proceedings, and admission standards and procedures, and (iv)
the class specifications for positions and individual
position descriptions prepared and maintained under the
Personnel Code. Those class specifications shall, however,
be made reasonably available to the public for inspection and
copying. The provisions of this Act do not apply to hearings
under Section 20 of the Uniform Disposition of Unclaimed
Property Act.
(c) Section 5-35 of this Act relating to procedures for
rulemaking does not apply to the following:
(1) Rules adopted by the Pollution Control Board
that, in accordance with Section 7.2 of the Environmental
Protection Act, are identical in substance to federal
regulations or amendments to those regulations
implementing the following: Sections 3001, 3002, 3003,
3004, 3005, and 9003 of the Solid Waste Disposal Act;
Section 105 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980; Sections 307(b),
307(c), 307(d), 402(b)(8), and 402(b)(9) of the Federal
Water Pollution Control Act; and Sections 1412(b),
1414(c), 1417(a), 1421, and 1445(a) of the Safe Drinking
Water Act.
(2) Rules adopted by the Pollution Control Board
that establish or amend standards for the emission of
hydrocarbons and carbon monoxide from gasoline powered
motor vehicles subject to inspection under Section
13A-105 of the Vehicle Emissions Inspection Law and rules
adopted under Section 13B-20 of the Vehicle Emissions
Inspection Law of 1995.
(3) Procedural rules adopted by the Pollution
Control Board governing requests for exceptions under
Section 14.2 of the Environmental Protection Act.
(4) The Pollution Control Board's grant, pursuant
to an adjudicatory determination, of an adjusted standard
for persons who can justify an adjustment consistent with
subsection (a) of Section 27 of the Environmental
Protection Act.
(5) Rules adopted by the Pollution Control Board
that are identical in substance to the regulations
adopted by the Office of the State Fire Marshal under
clause (ii) of paragraph (b) of subsection (3) of Section
2 of the Gasoline Storage Act.
(d) Pay rates established under Section 8a of the
Personnel Code shall be amended or repealed pursuant to the
process set forth in Section 5-50 within 30 days after it
becomes necessary to do so due to a conflict between the
rates and the terms of a collective bargaining agreement
covering the compensation of an employee subject to that
Code.
(e) Section 10-45 of this Act shall not apply to any
hearing, proceeding, or investigation conducted under Section
13-515 of the Public Utilities Act.
(f) Article 10 of this Act does not apply to any
hearing, proceeding, or investigation conducted by the State
Council for the State of Illinois created under Section
3-3-11.05 of the Unified Code of Corrections or by the
Interstate Commision for Adult Offender Supervision created
under the Interstate Compact for Adult Offender Supervision.
(Source: P.A. 90-9, eff. 7-1-97; 90-185, eff. 7-23-97;
90-655, eff. 7-30-98.)
Section 110. The Unified Code of Corrections is amended
by changing Sections 3-3-11.1, 3-3-11.4, 3-3-11.5, 3-3-12,
5-4-3, and 5-6-3 and adding Section 3-3-11.05 as follows:
(730 ILCS 5/3-3-11.05 new)
Sec. 3-3-11.05. State Council for the State of Illinois.
(a) Membership and appointing authority.
(1) A State Compact Administrator shall be
appointed by the Governor. The Compact Administrator
shall be a representative of the Illinois Department of
Corrections and shall serve as Chairperson of the State
Council, as well as act as the day-to-day administrator
for the Interstate Compact for Adult Offender
Supervision. The State Compact Administrator shall serve
as the State's Commissioner to the Interstate Commission
as provided in Article IV of the Compact.
(2) A Deputy Compact Administrator from probation
shall be appointed by the Supreme Court.
(3) A representative shall be appointed by the
Speaker of the House of Representatives.
(4) A representative shall be appointed by the
Minority Leader of the House of Representatives.
(5) A representative shall be appointed by the
President of the Senate.
(6) A representative shall be appointed by the
Minority Leader of the Senate.
(7) A judicial representative shall be appointed by
the Supreme Court.
(8) A representative from a crime victims' advocacy
group shall be appointed by the Governor.
(9) A parole representative shall be appointed by
the Director of Corrections.
(10) A probation representative shall be appointed
by the Director of the Administrative Office of the
Illinois Courts.
(11) The persons appointed under clauses
(1) through (10) of this subsection (a) shall be
voting members of the State Council. With the approval of
the State Council, persons representing other
organizations that may have an interest in the Compact
may also be appointed to serve as non-voting members of
the State Council by those interested organizations.
Those organizations may include, but are not limited to,
the Illinois Sheriffs' Association, the Illinois
Association of Chiefs of Police, the Illinois State's
Attorneys Association, and the Office of Attorney
General.
(b) Terms of appointment.
(1) The Compact Administrator and the Deputy
Compact Administrator from Probation shall serve at the
will of their respective appointing authorities.
(2) The crime victims' advocacy group
representative and the judicial representative shall each
serve an initial term of 2 years. Thereafter, they shall
each serve for a term of 4 years.
(3) The representatives appointed by the Speaker of
the House of Representatives, the President of the
Senate, the Minority Leader of the House of
Representatives, and the Minority Leader of the Senate
shall each serve for a term of 4 years. If one of these
representatives shall not be able to fulfill the
completion of his or her term, then another
representative shall be appointed by his or her
respective appointing authority for the remainder of his
or her term.
(4) The probation representative and the parole
representative shall each serve a term of 2 years.
(c) Duties and responsibilities.
(1) The duties and responsibilities of the State
Council shall be:
(A) To appoint the State Compact Administrator
as Illinois' Commissioner on the Interstate
Commission.
(B) To develop by-laws for the operation of
the State Council.
(C) To establish policies and procedures for
the Interstate Compact operations in Illinois.
(D) To monitor and remediate Compact
compliance issues in Illinois.
(E) To promote system training and public
awareness regarding the Compact's mission and
mandates.
(F) To meet at least twice a year and
otherwise as called by the Chairperson.
(G) To allow for the appointment of non-voting
members as deemed appropriate.
(H) To issue rules in accordance with Article
5 of the Illinois Administrative Procedure Act.
(I) To publish Interstate Commission rules.
(d) Funding. The State shall appropriate funds to the
Department of Corrections to support the operations of the
State Council and its membership dues to the Interstate
Commission.
(e) Penalties. Procedures for assessment of penalties
imposed pursuant to Article XII of the Compact shall be
established by the State Council.
(f) Notification of ratification of Compact. The State
Compact Administrator shall notify the Governor and Secretary
of State when 35 States have enacted the Compact.
(730 ILCS 5/3-3-11.1) (from Ch. 38, par. 1003-3-11.1)
Sec. 3-3-11.1. State defined. As used in Sections
3-3-11.05 3-3-11 through 3-3-11.3, unless the context clearly
indicates otherwise, the term "State" means a state of the
United States, the District of Columbia, and any other
territorial possessions of the United States any of the
several states of the United States and the Commonwealth of
Puerto Rico, the Virgin Islands, and the District of
Columbia.
(Source: P.A. 77-2097.)
(730 ILCS 5/3-3-11.4) (from Ch. 38, par. 1003-3-11.4)
Sec. 3-3-11.4. Where supervision of an offender a parolee
or probationer is being administered pursuant to the
Interstate Compact for Adult Offender the Supervision of
Parolees and Probationers (Section 3-3-11), the appropriate
judicial or administrative authorities in this State shall
notify the Compact Administrator of the sending State
whenever, in their view, consideration should be given to
retaking or reincarceration for a parole or probation
violation. Prior to the giving of any such notification, a
hearing shall be held within a reasonable time as to whether
there is probable cause to believe that the offender parolee
or probationer has violated a condition of his parole or
probation, unless such hearing is waived by the offender by
way of an admission of guilt parolee or probationer. The
appropriate officer or officers of this State shall as soon
as practicable, following termination of any such hearing,
report to the sending State, furnish a copy of the hearing
record, and make recommendations regarding the disposition to
be made of the offender parolee or probationer.
(Source: P.A. 78-939.)
(730 ILCS 5/3-3-11.5)
Sec. 3-3-11.5. Sex offender restrictions.
(a) Definition. For purposes of this Act, a "sex
offender" is any person who has ever been convicted of a
sexual offense or attempt to commit a sexual offense, and
sentenced to a term of imprisonment, periodic imprisonment,
fine, probation, conditional discharge or any other form of
sentence, or given a disposition of court supervision for the
offense; or adjudicated or found to be a sexually dangerous
person under any law substantially similar to the Sexually
Dangerous Persons Act.
(b) Residency restrictions. No sex offender shall be
accepted for supervised or conditioned residency in Illinois
under the Interstate Compact for Adult Offender the
Supervision of Parolees and Probationers unless he or she:
(1) Complies with any registration requirements
imposed by the Sex Offender Registration Act within the
times prescribed and with law enforcement agencies
designated under that Act;
(2) Complies with the requirements of paragraph
(a)(5) of Section 5-4-3 of the Unified Code of
Corrections relating to the submission of blood specimens
for genetic marker grouping by persons seeking transfer
to or residency in Illinois; and
(3) Signs a written form approved by the Department
of Corrections which, at a minimum, includes the
substance of this Section or a summary of it and an
acknowledgement that he or she agrees to abide by the
conditions set forth in that document and this Section.
(Source: P.A. 89-8, eff. 1-1-96.)
(730 ILCS 5/3-3-12) (from Ch. 38, par. 1003-3-12)
Sec. 3-3-12. Parole Outside State. The Prisoner Review
Board may assign a non-resident person or a person whose
family, relatives, friends or employer reside outside of this
State, to a person, firm or company in some state other than
Illinois, to serve his parole or mandatory supervised release
pursuant to the Interstate Compact for Adult Offender
Supervision. An inmate so released shall make regular monthly
reports in writing to the Department or supervising
authority, obey the rules of the Board, obey the laws of such
other state, and in all respects keep faithfully his parole
or mandatory supervised release agreement until discharged.
Should such person violate his agreement, he shall from the
date of such violation be subject to the provisions of
Section 3-3-9.
(Source: P.A. 80-1099.)
(730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
Sec. 5-4-3. Persons convicted of, or found delinquent
for, qualifying offenses or institutionalized as sexually
dangerous; blood specimens; genetic marker groups.
(a) Any person convicted of, found guilty under the
Juvenile Court Act of 1987 for, or who received a disposition
of court supervision for, a qualifying offense or attempt of
a qualifying offense, or institutionalized as a sexually
dangerous person under the Sexually Dangerous Persons Act, or
committed as a sexually violent person under the Sexually
Violent Persons Commitment Act shall, regardless of the
sentence or disposition imposed, be required to submit
specimens of blood to the Illinois Department of State Police
in accordance with the provisions of this Section, provided
such person is:
(1) convicted of a qualifying offense or attempt of
a qualifying offense on or after the effective date of
this amendatory Act of 1989, and sentenced to a term of
imprisonment, periodic imprisonment, fine, probation,
conditional discharge or any other form of sentence, or
given a disposition of court supervision for the offense,
or
(1.5) found guilty or given supervision under the
Juvenile Court Act of 1987 for a qualifying offense or
attempt of a qualifying offense on or after the effective
date of this amendatory Act of 1996, or
(2) ordered institutionalized as a sexually
dangerous person on or after the effective date of this
amendatory Act of 1989, or
(3) convicted of a qualifying offense or attempt of
a qualifying offense before the effective date of this
amendatory Act of 1989 and is presently confined as a
result of such conviction in any State correctional
facility or county jail or is presently serving a
sentence of probation, conditional discharge or periodic
imprisonment as a result of such conviction, or
(4) presently institutionalized as a sexually
dangerous person or presently institutionalized as a
person found guilty but mentally ill of a sexual offense
or attempt to commit a sexual offense; or
(4.5) ordered committed as a sexually violent
person on or after the effective date of the Sexually
Violent Persons Commitment Act; or
(5) seeking transfer to or residency in Illinois
under Sections 3-3-11.05 3-3-11 through 3-3-11.5 of the
Unified Code of Corrections and the (Interstate Compact
for Adult Offender the Supervision of Parolees and
Probationers) or the Interstate Agreements on Sexually
Dangerous Persons Act.
(a-5) Any person who was otherwise convicted of or
received a disposition of court supervision for any other
offense under the Criminal Code of 1961 or any offense
classified as a felony under Illinois law or who was found
guilty or given supervision for such a violation under the
Juvenile Court Act of 1987, may, regardless of the sentence
imposed, be required by an order of the court to submit
specimens of blood to the Illinois Department of State Police
in accordance with the provisions of this Section.
(b) Any person required by paragraphs (a)(1), (a)(1.5),
(a)(2), and (a-5) to provide specimens of blood shall provide
specimens of blood within 45 days after sentencing or
disposition at a collection site designated by the Illinois
Department of State Police.
(c) Any person required by paragraphs (a)(3), (a)(4),
and (a)(4.5) to provide specimens of blood shall be required
to provide such samples prior to final discharge, parole, or
release at a collection site designated by the Illinois
Department of State Police.
(c-5) Any person required by paragraph (a)(5) to
provide specimens of blood shall, where feasible, be required
to provide the specimens before being accepted for
conditioned residency in Illinois under the interstate
compact or agreement, but no later than 45 days after arrival
in this State.
(d) The Illinois Department of State Police shall
provide all equipment and instructions necessary for the
collection of blood samples. The collection of samples shall
be performed in a medically approved manner. Only a
physician authorized to practice medicine, a registered nurse
or other qualified person trained in venipuncture may
withdraw blood for the purposes of this Act. The samples
shall thereafter be forwarded to the Illinois Department of
State Police, Division of Forensic Services, for analysis and
categorizing into genetic marker groupings.
(e) The genetic marker groupings shall be maintained by
the Illinois Department of State Police, Division of Forensic
Services.
(f) The genetic marker grouping analysis information
obtained pursuant to this Act shall be confidential and shall
be released only to peace officers of the United States, of
other states or territories, of the insular possessions of
the United States, of foreign countries duly authorized to
receive the same, to all peace officers of the State of
Illinois and to all prosecutorial agencies. Notwithstanding
any other statutory provision to the contrary, all
information obtained under this Section shall be maintained
in a single State data base, which may be uploaded into a
national database, and may not be subject to expungement.
(g) For the purposes of this Section, "qualifying
offense" means any of the following:
(1) Any violation or inchoate violation of Section
11-6, 11-9.1, 11-11, 11-15.1, 11-17.1, 11-18.1, 11-19.1,
11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, or
12-33 of the Criminal Code of 1961, or
(1.1) Any violation or inchoate violation of
Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2,
18-3, 18-4, 19-1, or 19-2 of the Criminal Code of 1961
for which persons are convicted on or after July 1, 2001,
or
(2) Any former statute of this State which defined
a felony sexual offense, or
(3) Any violation of paragraph (10) of subsection
(b) of Section 10-5 of the Criminal Code of 1961 when
the sentencing court, upon a motion by the State's
Attorney or Attorney General, makes a finding that the
child luring involved an intent to commit sexual
penetration or sexual conduct as defined in Section 12-12
of the Criminal Code of 1961, or
(4) Any violation or inchoate violation of Section
9-3.1, 11-9.3, 12-3.3, 12-4.2, 12-4.3, 12-7.3, 12-7.4,
18-5, 19-3, 20-1.1, or 20.5-5 of the Criminal Code of
1961.
(g-5) The Department of State Police is not required to
provide equipment to collect or to accept or process blood
specimens from individuals convicted of any offense listed in
paragraph (1.1) or (4) of subsection (g), until acquisition
of the resources necessary to process such blood specimens,
or in the case of paragraph (1.1) of subsection (g) until
July 1, 2003, whichever is earlier.
Upon acquisition of necessary resources, including an
appropriation for the purpose of implementing this amendatory
Act of the 91st General Assembly, but in the case of
paragraph (1.1) of subsection (g) no later than July 1,
2003, the Department of State Police shall notify the
Department of Corrections, the Administrative Office of the
Illinois Courts, and any other entity deemed appropriate by
the Department of State Police, to begin blood specimen
collection from individuals convicted of offenses enumerated
in paragraphs (1.1) and (4) of subsection (g) that the
Department is prepared to provide collection equipment and
receive and process blood specimens from individuals
convicted of offenses enumerated in paragraph (1.1) of
subsection (g).
Until the Department of State Police provides
notification, designated collection agencies are not required
to collect blood specimen from individuals convicted of
offenses enumerated in paragraphs (1.1) and (4) of
subsection (g).
(h) The Illinois Department of State Police shall be the
State central repository for all genetic marker grouping
analysis information obtained pursuant to this Act. The
Illinois Department of State Police may promulgate rules for
the form and manner of the collection of blood samples and
other procedures for the operation of this Act. The
provisions of the Administrative Review Law shall apply to
all actions taken under the rules so promulgated.
(i) A person required to provide a blood specimen shall
cooperate with the collection of the specimen and any
deliberate act by that person intended to impede, delay or
stop the collection of the blood specimen is a Class A
misdemeanor.
(j) Any person required by subsection (a) to submit
specimens of blood to the Illinois Department of State Police
for analysis and categorization into genetic marker grouping,
in addition to any other disposition, penalty, or fine
imposed, shall pay an analysis fee of $500. Upon verified
petition of the person, the court may suspend payment of all
or part of the fee if it finds that the person does not have
the ability to pay the fee.
(k) All analysis and categorization fees provided for by
subsection (j) shall be regulated as follows:
(1) The State Offender DNA Identification System
Fund is hereby created as a special fund in the State
Treasury.
(2) All fees shall be collected by the clerk of the
court and forwarded to the State Offender DNA
Identification System Fund for deposit. The clerk of the
circuit court may retain the amount of $10 from each
collected analysis fee to offset administrative costs
incurred in carrying out the clerk's responsibilities
under this Section.
(3) Fees deposited into the State Offender DNA
Identification System Fund shall be used by Illinois
State Police crime laboratories as designated by the
Director of State Police. These funds shall be in
addition to any allocations made pursuant to existing
laws and shall be designated for the exclusive use of
State crime laboratories. These uses may include, but
are not limited to, the following:
(A) Costs incurred in providing analysis and
genetic marker categorization as required by
subsection (d).
(B) Costs incurred in maintaining genetic
marker groupings as required by subsection (e).
(C) Costs incurred in the purchase and
maintenance of equipment for use in performing
analyses.
(D) Costs incurred in continuing research and
development of new techniques for analysis and
genetic marker categorization.
(E) Costs incurred in continuing education,
training, and professional development of forensic
scientists regularly employed by these laboratories.
(l) The failure of a person to provide a specimen, or of
any person or agency to collect a specimen, within the 45 day
period shall in no way alter the obligation of the person to
submit such specimen, or the authority of the Illinois
Department of State Police or persons designated by the
Department to collect the specimen, or the authority of the
Illinois Department of State Police to accept, analyze and
maintain the specimen or to maintain or upload results of
genetic marker grouping analysis information into a State or
national database.
(Source: P.A. 91-528, eff. 1-1-00; 92-16, eff. 6-28-01;
92-40, eff. 6-29-01.)
(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
Sec. 5-6-3. Conditions of Probation and of Conditional
Discharge.
(a) The conditions of probation and of conditional
discharge shall be that the person:
(1) not violate any criminal statute of any
jurisdiction;
(2) report to or appear in person before such
person or agency as directed by the court;
(3) refrain from possessing a firearm or other
dangerous weapon;
(4) not leave the State without the consent of the
court or, in circumstances in which the reason for the
absence is of such an emergency nature that prior consent
by the court is not possible, without the prior
notification and approval of the person's probation
officer. Transfer of a person's probation or conditional
discharge supervision to another state is subject to
acceptance by the other state pursuant to the Interstate
Compact for Adult Offender Supervision;
(5) permit the probation officer to visit him at
his home or elsewhere to the extent necessary to
discharge his duties;
(6) perform no less than 30 hours of community
service and not more than 120 hours of community service,
if community service is available in the jurisdiction and
is funded and approved by the county board where the
offense was committed, where the offense was related to
or in furtherance of the criminal activities of an
organized gang and was motivated by the offender's
membership in or allegiance to an organized gang. The
community service shall include, but not be limited to,
the cleanup and repair of any damage caused by a
violation of Section 21-1.3 of the Criminal Code of 1961
and similar damage to property located within the
municipality or county in which the violation occurred.
When possible and reasonable, the community service
should be performed in the offender's neighborhood. For
purposes of this Section, "organized gang" has the
meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act;
(7) if he or she is at least 17 years of age and
has been sentenced to probation or conditional discharge
for a misdemeanor or felony in a county of 3,000,000 or
more inhabitants and has not been previously convicted of
a misdemeanor or felony, may be required by the
sentencing court to attend educational courses designed
to prepare the defendant for a high school diploma and to
work toward a high school diploma or to work toward
passing the high school level Test of General Educational
Development (GED) or to work toward completing a
vocational training program approved by the court. The
person on probation or conditional discharge must attend
a public institution of education to obtain the
educational or vocational training required by this
clause (7). The court shall revoke the probation or
conditional discharge of a person who wilfully fails to
comply with this clause (7). The person on probation or
conditional discharge shall be required to pay for the
cost of the educational courses or GED test, if a fee is
charged for those courses or test. The court shall
resentence the offender whose probation or conditional
discharge has been revoked as provided in Section 5-6-4.
This clause (7) does not apply to a person who has a
high school diploma or has successfully passed the GED
test. This clause (7) does not apply to a person who is
determined by the court to be developmentally disabled or
otherwise mentally incapable of completing the
educational or vocational program;
(8) if convicted of possession of a substance
prohibited by the Cannabis Control Act or Illinois
Controlled Substances Act after a previous conviction or
disposition of supervision for possession of a substance
prohibited by the Cannabis Control Act or Illinois
Controlled Substances Act or after a sentence of
probation under Section 10 of the Cannabis Control Act or
Section 410 of the Illinois Controlled Substances Act and
upon a finding by the court that the person is addicted,
undergo treatment at a substance abuse program approved
by the court; and
(9) if convicted of a felony, physically surrender
at a time and place designated by the court, his or her
Firearm Owner's Identification Card and any and all
firearms in his or her possession.
(b) The Court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the Court require that
the person:
(1) serve a term of periodic imprisonment under
Article 7 for a period not to exceed that specified in
paragraph (d) of Section 5-7-1;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for
the instruction or residence of defendants on probation;
(6) support his dependents;
(7) and in addition, if a minor:
(i) reside with his parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for
youth;
(iv) contribute to his own support at home or
in a foster home;
(v) with the consent of the superintendent of
the facility, attend an educational program at a
facility other than the school in which the offense
was committed if he or she is convicted of a crime
of violence as defined in Section 2 of the Crime
Victims Compensation Act committed in a school, on
the real property comprising a school, or within
1,000 feet of the real property comprising a school;
(8) make restitution as provided in Section 5-5-6
of this Code;
(9) perform some reasonable public or community
service;
(10) serve a term of home confinement. In addition
to any other applicable condition of probation or
conditional discharge, the conditions of home confinement
shall be that the offender:
(i) remain within the interior premises of the
place designated for his confinement during the
hours designated by the court;
(ii) admit any person or agent designated by
the court into the offender's place of confinement
at any time for purposes of verifying the offender's
compliance with the conditions of his confinement;
and
(iii) if further deemed necessary by the court
or the Probation or Court Services Department, be
placed on an approved electronic monitoring device,
subject to Article 8A of Chapter V;
(iv) for persons convicted of any alcohol,
cannabis or controlled substance violation who are
placed on an approved monitoring device as a
condition of probation or conditional discharge, the
court shall impose a reasonable fee for each day of
the use of the device, as established by the county
board in subsection (g) of this Section, unless
after determining the inability of the offender to
pay the fee, the court assesses a lesser fee or no
fee as the case may be. This fee shall be imposed in
addition to the fees imposed under subsections
(g) and (i) of this Section. The fee shall be
collected by the clerk of the circuit court. The
clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer for
deposit in the substance abuse services fund under
Section 5-1086.1 of the Counties Code; and
(v) for persons convicted of offenses other
than those referenced in clause (iv) above and who
are placed on an approved monitoring device as a
condition of probation or conditional discharge, the
court shall impose a reasonable fee for each day of
the use of the device, as established by the county
board in subsection (g) of this Section, unless
after determining the inability of the defendant to
pay the fee, the court assesses a lesser fee or no
fee as the case may be. This fee shall be imposed
in addition to the fees imposed under subsections
(g) and (i) of this Section. The fee shall be
collected by the clerk of the circuit court. The
clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer who
shall use the monies collected to defray the costs
of corrections. The county treasurer shall deposit
the fee collected in the county working cash fund
under Section 6-27001 or Section 6-29002 of the
Counties Code, as the case may be.
(11) comply with the terms and conditions of an
order of protection issued by the court pursuant to the
Illinois Domestic Violence Act of 1986, as now or
hereafter amended, or an order of protection issued by
the court of another state, tribe, or United States
territory. A copy of the order of protection shall be
transmitted to the probation officer or agency having
responsibility for the case;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council
Act for any reasonable expenses incurred by the program
on the offender's case, not to exceed the maximum amount
of the fine authorized for the offense for which the
defendant was sentenced;
(13) contribute a reasonable sum of money, not to
exceed the maximum amount of the fine authorized for the
offense for which the defendant was sentenced, to a
"local anti-crime program", as defined in Section 7 of
the Anti-Crime Advisory Council Act;
(14) refrain from entering into a designated
geographic area except upon such terms as the court finds
appropriate. Such terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the defendant, and advance approval by a
probation officer, if the defendant has been placed on
probation or advance approval by the court, if the
defendant was placed on conditional discharge;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act or the Illinois Controlled Substances Act,
unless prescribed by a physician, and submit samples of
his or her blood or urine or both for tests to determine
the presence of any illicit drug.
(c) The court may as a condition of probation or of
conditional discharge require that a person under 18 years of
age found guilty of any alcohol, cannabis or controlled
substance violation, refrain from acquiring a driver's
license during the period of probation or conditional
discharge. If such person is in possession of a permit or
license, the court may require that the minor refrain from
driving or operating any motor vehicle during the period of
probation or conditional discharge, except as may be
necessary in the course of the minor's lawful employment.
(d) An offender sentenced to probation or to conditional
discharge shall be given a certificate setting forth the
conditions thereof.
(e) Except where the offender has committed a fourth or
subsequent violation of subsection (c) of Section 6-303 of
the Illinois Vehicle Code, the court shall not require as a
condition of the sentence of probation or conditional
discharge that the offender be committed to a period of
imprisonment in excess of 6 months. This 6 month limit shall
not include periods of confinement given pursuant to a
sentence of county impact incarceration under Section
5-8-1.2. This 6 month limit does not apply to a person
sentenced to probation as a result of a conviction of a
fourth or subsequent violation of subsection (c-4) of Section
11-501 of the Illinois Vehicle Code or a similar provision of
a local ordinance.
Persons committed to imprisonment as a condition of
probation or conditional discharge shall not be committed to
the Department of Corrections.
(f) The court may combine a sentence of periodic
imprisonment under Article 7 or a sentence to a county impact
incarceration program under Article 8 with a sentence of
probation or conditional discharge.
(g) An offender sentenced to probation or to conditional
discharge and who during the term of either undergoes
mandatory drug or alcohol testing, or both, or is assigned to
be placed on an approved electronic monitoring device, shall
be ordered to pay all costs incidental to such mandatory drug
or alcohol testing, or both, and all costs incidental to such
approved electronic monitoring in accordance with the
defendant's ability to pay those costs. The county board
with the concurrence of the Chief Judge of the judicial
circuit in which the county is located shall establish
reasonable fees for the cost of maintenance, testing, and
incidental expenses related to the mandatory drug or alcohol
testing, or both, and all costs incidental to approved
electronic monitoring, involved in a successful probation
program for the county. The concurrence of the Chief Judge
shall be in the form of an administrative order. The fees
shall be collected by the clerk of the circuit court. The
clerk of the circuit court shall pay all moneys collected
from these fees to the county treasurer who shall use the
moneys collected to defray the costs of drug testing, alcohol
testing, and electronic monitoring. The county treasurer
shall deposit the fees collected in the county working cash
fund under Section 6-27001 or Section 6-29002 of the Counties
Code, as the case may be.
(h) Jurisdiction over an offender may be transferred
from the sentencing court to the court of another circuit
with the concurrence of both courts, or to another state
under an Interstate Probation Reciprocal Agreement as
provided in Section 3-3-11. Further transfers or retransfers
of jurisdiction are also authorized in the same manner. The
court to which jurisdiction has been transferred shall have
the same powers as the sentencing court.
(i) The court shall impose upon an offender sentenced to
probation after January 1, 1989 or to conditional discharge
after January 1, 1992, as a condition of such probation or
conditional discharge, a fee of $25 for each month of
probation or conditional discharge supervision ordered by the
court, unless after determining the inability of the person
sentenced to probation or conditional discharge to pay the
fee, the court assesses a lesser fee. The court may not
impose the fee on a minor who is made a ward of the State
under the Juvenile Court Act of 1987 while the minor is in
placement. The fee shall be imposed only upon an offender who
is actively supervised by the probation and court services
department. The fee shall be collected by the clerk of the
circuit court. The clerk of the circuit court shall pay all
monies collected from this fee to the county treasurer for
deposit in the probation and court services fund under
Section 15.1 of the Probation and Probation Officers Act.
(j) All fines and costs imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance,
and any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
(Source: P.A. 91-325, eff. 7-29-99; 91-696, eff. 4-13-00;
91-903, eff. 1-1-01; 92-282, eff. 8-7-01; 92-340, eff.
8-10-01; 92-418, eff. 8-17-01; 92-442, eff. 8-17-01; revised
10-11-01.)
(730 ILCS 5/3-3-11 rep.)
Section 110. The Unified Code of Corrections is amended
by repealing Section 3-3-11.
Section 999. Effective date. This Act takes effect upon
the enactment of the Interstate Compact for Adult Offender
Supervision by 35 States, except that this Section, Article
IV of Section 5, and Section 3-3-11.05 of the Unified Code of
Corrections take effect upon becoming law.
Passed in the General Assembly April 24, 2002.
Approved June 26, 2002.
Effective June 26, 2002.
Effective INDETERMINATE.
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