093_HB3938

                                     LRB093 14342 RLC 19925 b

 1        AN ACT in relation to sex offenders.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Unified Code of Corrections is amended by
 5    changing Sections 3-3-7, 5-6-3, and 5-6-3.1 as follows:

 6        (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
 7        Sec. 3-3-7.  Conditions of Parole or Mandatory Supervised
 8    Release.
 9        (a)  The conditions of  parole  or  mandatory  supervised
10    release  shall  be  such  as  the Prisoner Review Board deems
11    necessary to assist the  subject  in  leading  a  law-abiding
12    life. The conditions of every parole and mandatory supervised
13    release are that the subject:
14             (1)  not   violate   any  criminal  statute  of  any
15        jurisdiction during the parole or release term;
16             (2)  refrain from  possessing  a  firearm  or  other
17        dangerous weapon;
18             (3)  report   to  an  agent  of  the  Department  of
19        Corrections;
20             (4)  permit the agent to visit him or her at his  or
21        her   home,   employment,  or  elsewhere  to  the  extent
22        necessary for the agent to discharge his or her duties;
23             (5)  attend or reside in a facility established  for
24        the  instruction  or  residence  of  persons on parole or
25        mandatory supervised release;
26             (6)  secure permission before visiting or writing  a
27        committed person in an Illinois Department of Corrections
28        facility;
29             (7)  report   all   arrests   to  an  agent  of  the
30        Department of Corrections as soon  as  permitted  by  the
31        arresting  authority  but in no event later than 24 hours
 
                            -2-      LRB093 14342 RLC 19925 b
 1        after release from custody;
 2             (8)  obtain permission of an agent of the Department
 3        of Corrections before leaving the State of Illinois;
 4             (9)  obtain permission of an agent of the Department
 5        of Corrections before changing his or  her  residence  or
 6        employment;
 7             (10)  consent  to  a  search  of  his or her person,
 8        property, or residence under his or her control;
 9             (11)  refrain  from  the  use   or   possession   of
10        narcotics  or other controlled substances in any form, or
11        both, or any paraphernalia related  to  those  substances
12        and submit to a urinalysis test as instructed by a parole
13        agent of the Department of Corrections;
14             (12)  not    frequent    places   where   controlled
15        substances are  illegally  sold,  used,  distributed,  or
16        administered;
17             (13)  not  knowingly associate with other persons on
18        parole or  mandatory  supervised  release  without  prior
19        written  permission  of  his  or her parole agent and not
20        associate with persons who are members  of  an  organized
21        gang  as  that term is defined in the Illinois Streetgang
22        Terrorism Omnibus Prevention Act;
23             (14)  provide true and accurate information,  as  it
24        relates  to  his or her adjustment in the community while
25        on parole or mandatory supervised release or  to  his  or
26        her  conduct while incarcerated, in response to inquiries
27        by his or her  parole  agent  or  of  the  Department  of
28        Corrections; and
29             (15)  follow  any  specific instructions provided by
30        the parole agent  that  are  consistent  with  furthering
31        conditions  set and approved by the Prisoner Review Board
32        or  by  law,  exclusive  of   placement   on   electronic
33        detention,  to achieve the goals and objectives of his or
34        her parole or mandatory supervised release or to  protect
 
                            -3-      LRB093 14342 RLC 19925 b
 1        the public. These instructions by the parole agent may be
 2        modified  at  any  time,  as the agent deems appropriate;
 3        and.
 4             (16)  if convicted of a sex offense  as  defined  in
 5        Section  10 of the Sex Offender Management Board Act, not
 6        participate in a holiday event involving  children  under
 7        18  years  of  age,  such  as distributing candy or other
 8        items to children on Halloween,  wearing  a  Santa  Claus
 9        costume  on  or  preceding Christmas, being employed as a
10        department store Santa Claus, or wearing an Easter  Bunny
11        costume on or preceding Easter.
12        (b)  The  Board  may  in  addition  to  other  conditions
13    require that the subject:
14             (1)  work  or pursue a course of study or vocational
15        training;
16             (2)  undergo medical or  psychiatric  treatment,  or
17        treatment for drug addiction or alcoholism;
18             (3)  attend  or reside in a facility established for
19        the instruction or residence of persons on  probation  or
20        parole;
21             (4)  support his dependents;
22             (5)  (blank);
23             (6)  (blank);
24             (7)  comply  with  the  terms  and  conditions of an
25        order of  protection  issued  pursuant  to  the  Illinois
26        Domestic  Violence  Act  of  1986,  enacted  by  the 84th
27        General Assembly, or an order of protection issued by the
28        court  of  another  state,  tribe,   or   United   States
29        territory; and
30             (8)  in addition, if a minor:
31                  (i)  reside  with  his  parents  or in a foster
32             home;
33                  (ii)  attend school;
34                  (iii)  attend  a  non-residential  program  for
 
                            -4-      LRB093 14342 RLC 19925 b
 1             youth; or
 2                  (iv)  contribute to his own support at home  or
 3             in a foster home.
 4        (c)  The  conditions  under which the parole or mandatory
 5    supervised release is to be served shall be  communicated  to
 6    the person in writing prior to his release, and he shall sign
 7    the  same  before release. A signed copy of these conditions,
 8    including a copy of an order of protection where one had been
 9    issued by the criminal court, shall be retained by the person
10    and another copy forwarded to the officer in  charge  of  his
11    supervision.
12        (d)  After  a  hearing  under Section 3-3-9, the Prisoner
13    Review  Board may modify or enlarge the conditions of  parole
14    or mandatory supervised release.
15        (e)  The  Department shall inform all offenders committed
16    to the Department of the optional services available to  them
17    upon  release and shall assist inmates in availing themselves
18    of such optional services upon their release on  a  voluntary
19    basis.
20    (Source: P.A. 91-903, eff. 1-1-01; 92-460, eff. 1-1-02.)

21        (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
22        Sec.  5-6-3.  Conditions  of Probation and of Conditional
23    Discharge.
24        (a)  The  conditions  of  probation  and  of  conditional
25    discharge shall be that the person:
26             (1)  not  violate  any  criminal  statute   of   any
27        jurisdiction;
28             (2)  report  to  or  appear  in  person  before such
29        person or agency as directed by the court;
30             (3)  refrain from  possessing  a  firearm  or  other
31        dangerous weapon;
32             (4)  not  leave the State without the consent of the
33        court or, in circumstances in which the  reason  for  the
 
                            -5-      LRB093 14342 RLC 19925 b
 1        absence is of such an emergency nature that prior consent
 2        by   the   court  is  not  possible,  without  the  prior
 3        notification  and  approval  of  the  person's  probation
 4        officer.  Transfer of a person's probation or conditional
 5        discharge supervision to  another  state  is  subject  to
 6        acceptance  by the other state pursuant to the Interstate
 7        Compact for Adult Offender Supervision;
 8             (5)  permit the probation officer to  visit  him  at
 9        his   home  or  elsewhere  to  the  extent  necessary  to
10        discharge his duties;
11             (6)  perform no less  than  30  hours  of  community
12        service and not more than 120 hours of community service,
13        if community service is available in the jurisdiction and
14        is  funded  and  approved  by  the county board where the
15        offense was committed, where the offense was  related  to
16        or  in  furtherance  of  the  criminal  activities  of an
17        organized  gang  and  was  motivated  by  the  offender's
18        membership in or allegiance to an  organized  gang.   The
19        community  service  shall include, but not be limited to,
20        the  cleanup  and  repair  of  any  damage  caused  by  a
21        violation of Section 21-1.3 of the Criminal Code of  1961
22        and   similar  damage  to  property  located  within  the
23        municipality or county in which the  violation  occurred.
24        When  possible  and  reasonable,  the  community  service
25        should  be performed in the offender's neighborhood.  For
26        purposes  of  this  Section,  "organized  gang"  has  the
27        meaning ascribed to it in  Section  10  of  the  Illinois
28        Streetgang Terrorism Omnibus Prevention Act;
29             (7)  if  he  or  she is at least 17 years of age and
30        has been sentenced to probation or conditional  discharge
31        for  a  misdemeanor or felony in a county of 3,000,000 or
32        more inhabitants and has not been previously convicted of
33        a  misdemeanor  or  felony,  may  be  required   by   the
34        sentencing  court  to attend educational courses designed
 
                            -6-      LRB093 14342 RLC 19925 b
 1        to prepare the defendant for a high school diploma and to
 2        work toward a high  school  diploma  or  to  work  toward
 3        passing the high school level Test of General Educational
 4        Development   (GED)  or   to  work  toward  completing  a
 5        vocational training program approved by the  court.   The
 6        person  on probation or conditional discharge must attend
 7        a  public  institution  of  education   to   obtain   the
 8        educational  or  vocational  training  required  by  this
 9        clause  (7).   The  court  shall  revoke the probation or
10        conditional discharge of a person who wilfully  fails  to
11        comply  with this clause (7).  The person on probation or
12        conditional discharge shall be required to  pay  for  the
13        cost  of the educational courses or GED test, if a fee is
14        charged for those  courses  or  test.   The  court  shall
15        resentence  the  offender  whose probation or conditional
16        discharge has been revoked as provided in Section  5-6-4.
17        This  clause  (7)  does  not  apply to a person who has a
18        high school diploma or has successfully  passed  the  GED
19        test.  This clause (7)  does not apply to a person who is
20        determined by the court to be developmentally disabled or
21        otherwise   mentally   incapable   of   completing    the
22        educational or vocational program;
23             (8)  if  convicted  of  possession  of  a  substance
24        prohibited  by  the  Cannabis  Control  Act  or  Illinois
25        Controlled  Substances Act after a previous conviction or
26        disposition of supervision for possession of a  substance
27        prohibited  by  the  Cannabis  Control  Act  or  Illinois
28        Controlled   Substances   Act  or  after  a  sentence  of
29        probation under Section 10 of the Cannabis Control Act or
30        Section 410 of the Illinois Controlled Substances Act and
31        upon a finding by the court that the person is  addicted,
32        undergo  treatment  at a substance abuse program approved
33        by the court; and
34             (9)  if convicted of a felony, physically  surrender
 
                            -7-      LRB093 14342 RLC 19925 b
 1        at  a  time and place designated by the court, his or her
 2        Firearm Owner's  Identification  Card  and  any  and  all
 3        firearms in his or her possession; and.
 4             (10)  if  convicted  of  a sex offense as defined in
 5        Section 10 of the Sex Offender Management Board Act,  not
 6        participate  in  a holiday event involving children under
 7        18 years of age, such  as  distributing  candy  or  other
 8        items  to  children  on  Halloween, wearing a Santa Claus
 9        costume on or preceding Christmas, being  employed  as  a
10        department  store Santa Claus, or wearing an Easter Bunny
11        costume on or preceding Easter.
12        (b)  The  Court  may  in  addition  to  other  reasonable
13    conditions relating to the  nature  of  the  offense  or  the
14    rehabilitation  of  the  defendant  as  determined  for  each
15    defendant  in the proper discretion of the Court require that
16    the person:
17             (1)  serve a term  of  periodic  imprisonment  under
18        Article  7  for  a period not to exceed that specified in
19        paragraph (d)  of Section 5-7-1;
20             (2)  pay a fine and costs;
21             (3)  work or pursue a course of study or  vocational
22        training;
23             (4)  undergo  medical,  psychological or psychiatric
24        treatment; or treatment for drug addiction or alcoholism;
25             (5)  attend or reside in a facility established  for
26        the instruction or residence of defendants on probation;
27             (6)  support his dependents;
28             (7)  and in addition, if a minor:
29                  (i)  reside  with  his  parents  or in a foster
30             home;
31                  (ii)  attend school;
32                  (iii)  attend  a  non-residential  program  for
33             youth;
34                  (iv)  contribute to his own support at home  or
 
                            -8-      LRB093 14342 RLC 19925 b
 1             in a foster home;
 2                  (v)  with  the consent of the superintendent of
 3             the facility, attend an  educational  program  at  a
 4             facility  other than the school in which the offense
 5             was committed if he or she is convicted of  a  crime
 6             of  violence  as  defined  in Section 2 of the Crime
 7             Victims Compensation Act committed in a  school,  on
 8             the  real  property  comprising  a school, or within
 9             1,000 feet of the real property comprising a school;
10             (8)  make restitution as provided in  Section  5-5-6
11        of this Code;
12             (9)  perform  some  reasonable  public  or community
13        service;
14             (10)  serve a term of home confinement.  In addition
15        to  any  other  applicable  condition  of  probation   or
16        conditional discharge, the conditions of home confinement
17        shall be that the offender:
18                  (i)  remain within the interior premises of the
19             place  designated  for  his  confinement  during the
20             hours designated by the court;
21                  (ii)  admit any person or agent  designated  by
22             the  court  into the offender's place of confinement
23             at any time for purposes of verifying the offender's
24             compliance with the conditions of  his  confinement;
25             and
26                  (iii)  if further deemed necessary by the court
27             or  the  Probation  or Court Services Department, be
28             placed on an approved electronic monitoring  device,
29             subject to Article 8A of Chapter V;
30                  (iv)  for  persons  convicted  of  any alcohol,
31             cannabis or controlled substance violation  who  are
32             placed   on  an  approved  monitoring  device  as  a
33             condition of probation or conditional discharge, the
34             court shall impose a reasonable fee for each day  of
 
                            -9-      LRB093 14342 RLC 19925 b
 1             the  use of the device, as established by the county
 2             board in subsection  (g)  of  this  Section,  unless
 3             after  determining  the inability of the offender to
 4             pay the fee, the court assesses a lesser fee  or  no
 5             fee as the case may be. This fee shall be imposed in
 6             addition  to  the  fees  imposed  under  subsections
 7             (g)  and  (i)  of  this  Section.  The  fee shall be
 8             collected by the clerk of the  circuit  court.   The
 9             clerk  of  the  circuit  court  shall pay all monies
10             collected from this fee to the county treasurer  for
11             deposit  in  the substance abuse services fund under
12             Section 5-1086.1 of the Counties Code; and
13                  (v)  for persons convicted  of  offenses  other
14             than  those referenced in clause (iv)  above and who
15             are placed on an approved  monitoring  device  as  a
16             condition of probation or conditional discharge, the
17             court  shall impose a reasonable fee for each day of
18             the use of the device, as established by the  county
19             board  in  subsection  (g)  of  this Section, unless
20             after determining the inability of the defendant  to
21             pay  the  fee, the court assesses a lesser fee or no
22             fee as the case may be.  This fee shall  be  imposed
23             in  addition  to  the fees imposed under subsections
24             (g)  and (i)  of this Section.   The  fee  shall  be
25             collected  by  the  clerk of the circuit court.  The
26             clerk of the circuit  court  shall  pay  all  monies
27             collected  from this fee to the county treasurer who
28             shall use the monies collected to defray  the  costs
29             of  corrections.  The county treasurer shall deposit
30             the fee collected in the county  working  cash  fund
31             under  Section  6-27001  or  Section  6-29002 of the
32             Counties Code, as the case may be.
33             (11)  comply with the terms  and  conditions  of  an
34        order  of  protection issued by the court pursuant to the
 
                            -10-     LRB093 14342 RLC 19925 b
 1        Illinois  Domestic  Violence  Act  of  1986,  as  now  or
 2        hereafter amended, or an order of  protection  issued  by
 3        the  court  of  another  state,  tribe,  or United States
 4        territory. A copy of the order  of  protection  shall  be
 5        transmitted  to  the  probation  officer or agency having
 6        responsibility for the case;
 7             (12)  reimburse any "local  anti-crime  program"  as
 8        defined  in  Section 7 of the Anti-Crime Advisory Council
 9        Act for any reasonable expenses incurred by  the  program
10        on  the offender's case, not to exceed the maximum amount
11        of the fine authorized for  the  offense  for  which  the
12        defendant was sentenced;
13             (13)  contribute  a  reasonable sum of money, not to
14        exceed the maximum amount of the fine authorized for  the
15        offense  for  which  the  defendant  was  sentenced, to a
16        "local anti-crime program", as defined in  Section  7  of
17        the Anti-Crime Advisory Council Act;
18             (14)  refrain   from   entering  into  a  designated
19        geographic area except upon such terms as the court finds
20        appropriate. Such terms may include consideration of  the
21        purpose  of  the  entry,  the  time of day, other persons
22        accompanying the defendant, and  advance  approval  by  a
23        probation  officer,  if  the defendant has been placed on
24        probation or  advance  approval  by  the  court,  if  the
25        defendant was placed on conditional discharge;
26             (15)  refrain  from  having any contact, directly or
27        indirectly, with certain specified persons or  particular
28        types of persons, including but not limited to members of
29        street gangs and drug users or dealers;
30             (16)  refrain  from  having  in  his or her body the
31        presence of any illicit drug prohibited by  the  Cannabis
32        Control  Act  or  the Illinois Controlled Substances Act,
33        unless prescribed by a physician, and submit  samples  of
34        his  or her blood or urine or both for tests to determine
 
                            -11-     LRB093 14342 RLC 19925 b
 1        the presence of any illicit drug.
 2        (c)  The court may as a  condition  of  probation  or  of
 3    conditional discharge require that a person under 18 years of
 4    age  found  guilty  of  any  alcohol,  cannabis or controlled
 5    substance  violation,  refrain  from  acquiring  a   driver's
 6    license   during  the  period  of  probation  or  conditional
 7    discharge.  If such person is in possession of  a  permit  or
 8    license,  the  court  may require that the minor refrain from
 9    driving or operating any motor vehicle during the  period  of
10    probation   or   conditional  discharge,  except  as  may  be
11    necessary in the course of the minor's lawful employment.
12        (d)  An offender sentenced to probation or to conditional
13    discharge shall be given  a  certificate  setting  forth  the
14    conditions thereof.
15        (e)  Except  where the offender has committed a fourth or
16    subsequent violation of subsection (c)  of Section  6-303  of
17    the  Illinois  Vehicle Code, the court shall not require as a
18    condition  of  the  sentence  of  probation  or   conditional
19    discharge  that  the  offender  be  committed  to a period of
20    imprisonment in excess of 6 months. This 6 month limit  shall
21    not  include  periods  of  confinement  given  pursuant  to a
22    sentence  of  county  impact  incarceration   under   Section
23    5-8-1.2.  This  6  month  limit  does  not  apply to a person
24    sentenced to probation as a  result  of  a  conviction  of  a
25    fourth or subsequent violation of subsection (c-4) of Section
26    11-501 of the Illinois Vehicle Code or a similar provision of
27    a local ordinance.
28        Persons  committed  to  imprisonment  as  a  condition of
29    probation or conditional discharge shall not be committed  to
30    the Department of Corrections.
31        (f)  The   court  may  combine  a  sentence  of  periodic
32    imprisonment under Article 7 or a sentence to a county impact
33    incarceration program under Article  8  with  a  sentence  of
34    probation or conditional discharge.
 
                            -12-     LRB093 14342 RLC 19925 b
 1        (g)  An offender sentenced to probation or to conditional
 2    discharge  and  who  during  the  term  of  either  undergoes
 3    mandatory drug or alcohol testing, or both, or is assigned to
 4    be  placed on an approved electronic monitoring device, shall
 5    be ordered to pay all costs incidental to such mandatory drug
 6    or alcohol testing, or both, and all costs incidental to such
 7    approved  electronic  monitoring  in  accordance   with   the
 8    defendant's  ability  to  pay  those costs.  The county board
 9    with the concurrence of  the  Chief  Judge  of  the  judicial
10    circuit  in  which  the  county  is  located  shall establish
11    reasonable fees for the cost  of  maintenance,  testing,  and
12    incidental  expenses related to the mandatory drug or alcohol
13    testing, or  both,  and  all  costs  incidental  to  approved
14    electronic  monitoring,  involved  in  a successful probation
15    program for the county.  The concurrence of the  Chief  Judge
16    shall  be  in  the  form of an administrative order. The fees
17    shall be collected by the clerk of the  circuit  court.   The
18    clerk  of  the  circuit  court shall pay all moneys collected
19    from these fees to the county treasurer  who  shall  use  the
20    moneys collected to defray the costs of drug testing, alcohol
21    testing,  and  electronic  monitoring.  The  county treasurer
22    shall deposit the fees collected in the county  working  cash
23    fund under Section 6-27001 or Section 6-29002 of the Counties
24    Code, as the case may be.
25        (h)  Jurisdiction  over  an  offender  may be transferred
26    from the sentencing court to the  court  of  another  circuit
27    with  the  concurrence  of both courts.  Further transfers or
28    retransfers of jurisdiction are also authorized in  the  same
29    manner.  The court to which jurisdiction has been transferred
30    shall have the same powers as the sentencing court.
31        (i)  The court shall impose upon an offender sentenced to
32    probation  after  January 1, 1989 or to conditional discharge
33    after January 1, 1992  or  to  community  service  under  the
34    supervision of a probation or court services department after
 
                            -13-     LRB093 14342 RLC 19925 b
 1    January  1,  2004,  as  a  condition  of  such  probation  or
 2    conditional  discharge or supervised community service, a fee
 3    of $50 for each month of probation or  conditional  discharge
 4    supervision  or  supervised  community service ordered by the
 5    court, unless after determining the inability of  the  person
 6    sentenced to probation or conditional discharge or supervised
 7    community service to pay the fee, the court assesses a lesser
 8    fee.  The court may not impose the fee on a minor who is made
 9    a ward of the State under the  Juvenile  Court  Act  of  1987
10    while  the  minor  is  in placement. The fee shall be imposed
11    only upon an offender  who  is  actively  supervised  by  the
12    probation  and  court  services department.  The fee shall be
13    collected by the clerk of the circuit court.   The  clerk  of
14    the  circuit  court  shall pay all monies collected from this
15    fee to the county treasurer for deposit in the probation  and
16    court  services  fund under Section 15.1 of the Probation and
17    Probation Officers Act.
18        A circuit court may not impose a probation fee in  excess
19    of  $25  per month unless: (1) the circuit court has adopted,
20    by administrative order issued by the chief judge, a standard
21    probation fee guide determining an offender's ability to pay,
22    under guidelines developed by the  Administrative  Office  of
23    the   Illinois   Courts;   and  (2)  the  circuit  court  has
24    authorized, by  administrative  order  issued  by  the  chief
25    judge,  the creation of a Crime Victim's Services Fund, to be
26    administered by the Chief Judge or his or her  designee,  for
27    services  to  crime victims and their families. Of the amount
28    collected as a probation fee, not to exceed $5  of  that  fee
29    collected  per month may be used to provide services to crime
30    victims and their families.
31        (j)  All fines and costs imposed under this  Section  for
32    any  violation  of  Chapters  3, 4, 6, and 11 of the Illinois
33    Vehicle Code, or a similar provision of  a  local  ordinance,
34    and any violation of the Child Passenger Protection Act, or a
 
                            -14-     LRB093 14342 RLC 19925 b
 1    similar  provision  of  a local ordinance, shall be collected
 2    and disbursed by the circuit clerk as provided under  Section
 3    27.5 of the Clerks of Courts Act.
 4    (Source: P.A.  92-282,  eff.  8-7-01;  92-340,  eff. 8-10-01;
 5    92-418, eff. 8-17-01;  92-442,  eff.  8-17-01;  92-571,  eff.
 6    6-26-02; 92-651, eff. 7-11-02; 93-475, eff. 8-8-03.)

 7        (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
 8        Sec. 5-6-3.1.  Incidents and Conditions of Supervision.
 9        (a)  When a defendant is placed on supervision, the court
10    shall enter an order for supervision specifying the period of
11    such  supervision, and shall defer further proceedings in the
12    case until the conclusion of the period.
13        (b)  The period of supervision shall be reasonable  under
14    all  of  the circumstances of the case, but may not be longer
15    than 2 years, unless the defendant  has  failed  to  pay  the
16    assessment  required  by Section 10.3 of the Cannabis Control
17    Act or Section 411.2 of the  Illinois  Controlled  Substances
18    Act,  in which case the court may extend supervision beyond 2
19    years. Additionally, the court shall order the  defendant  to
20    perform  no  less  than 30 hours of community service and not
21    more than  120  hours  of  community  service,  if  community
22    service  is  available  in the jurisdiction and is funded and
23    approved by the county board where the offense was committed,
24    when the offense (1) was related to or in furtherance of  the
25    criminal  activities of an organized gang or was motivated by
26    the defendant's membership in or allegiance to  an  organized
27    gang;  or  (2) is a violation of any Section of Article 24 of
28    the Criminal Code of 1961 where a disposition of  supervision
29    is  not  prohibited  by  Section  5-6-1  of  this  Code.  The
30    community service shall include, but not be limited  to,  the
31    cleanup  and  repair  of  any  damage  caused by violation of
32    Section 21-1.3 of the  Criminal  Code  of  1961  and  similar
33    damages to property located within the municipality or county
 
                            -15-     LRB093 14342 RLC 19925 b
 1    in   which   the  violation  occurred.   Where  possible  and
 2    reasonable, the community service should be performed in  the
 3    offender's neighborhood.
 4        For  the  purposes  of this Section, "organized gang" has
 5    the meaning ascribed to it in  Section  10  of  the  Illinois
 6    Streetgang Terrorism Omnibus Prevention Act.
 7        (c)  The  court  may  in  addition  to  other  reasonable
 8    conditions  relating  to  the  nature  of  the offense or the
 9    rehabilitation  of  the  defendant  as  determined  for  each
10    defendant in the proper discretion of the court require  that
11    the person:
12             (1)  make a report to and appear in person before or
13        participate  with  the  court  or such courts, person, or
14        social service agency as directed by  the  court  in  the
15        order of supervision;
16             (2)  pay a fine and costs;
17             (3)  work  or pursue a course of study or vocational
18        training;
19             (4)  undergo medical, psychological  or  psychiatric
20        treatment; or treatment for drug addiction or alcoholism;
21             (5)  attend  or reside in a facility established for
22        the instruction or residence of defendants on probation;
23             (6)  support his dependents;
24             (7)  refrain from  possessing  a  firearm  or  other
25        dangerous weapon;
26             (8)  and in addition, if a minor:
27                  (i)  reside  with  his  parents  or in a foster
28             home;
29                  (ii)  attend school;
30                  (iii)  attend  a  non-residential  program  for
31             youth;
32                  (iv)  contribute to his own support at home  or
33             in a foster home; or
34                  (v)  with  the consent of the superintendent of
 
                            -16-     LRB093 14342 RLC 19925 b
 1             the facility, attend an  educational  program  at  a
 2             facility  other than the school in which the offense
 3             was committed if he or she is placed on  supervision
 4             for  a  crime of violence as defined in Section 2 of
 5             the Crime Victims Compensation Act  committed  in  a
 6             school, on the real property comprising a school, or
 7             within  1,000 feet of the real property comprising a
 8             school;
 9             (9)  make restitution or reparation in an amount not
10        to exceed actual loss or damage to property and pecuniary
11        loss  or  make  restitution  under  Section  5-5-6  to  a
12        domestic violence shelter.  The court shall determine the
13        amount and conditions of payment;
14             (10)  perform some reasonable  public  or  community
15        service;
16             (11)  comply  with  the  terms  and conditions of an
17        order of protection issued by the court pursuant  to  the
18        Illinois  Domestic  Violence  Act  of 1986 or an order of
19        protection issued by the court of another  state,  tribe,
20        or  United States territory. If the court has ordered the
21        defendant to make a report and  appear  in  person  under
22        paragraph  (1) of this subsection, a copy of the order of
23        protection shall be transmitted to the person  or  agency
24        so designated by the court;
25             (12)  reimburse  any  "local  anti-crime program" as
26        defined in Section 7 of the Anti-Crime  Advisory  Council
27        Act  for  any reasonable expenses incurred by the program
28        on the offender's case, not to exceed the maximum  amount
29        of  the  fine  authorized  for  the offense for which the
30        defendant was sentenced;
31             (13)  contribute a reasonable sum of money,  not  to
32        exceed  the maximum amount of the fine authorized for the
33        offense for which  the  defendant  was  sentenced,  to  a
34        "local  anti-crime  program",  as defined in Section 7 of
 
                            -17-     LRB093 14342 RLC 19925 b
 1        the Anti-Crime Advisory Council Act;
 2             (14)  refrain  from  entering  into   a   designated
 3        geographic area except upon such terms as the court finds
 4        appropriate.  Such terms may include consideration of the
 5        purpose  of  the  entry,  the  time of day, other persons
 6        accompanying the defendant, and  advance  approval  by  a
 7        probation officer;
 8             (15)  refrain  from  having any contact, directly or
 9        indirectly, with certain specified persons or  particular
10        types  of person, including but not limited to members of
11        street gangs and drug users or dealers;
12             (16)  refrain from having in his  or  her  body  the
13        presence  of  any illicit drug prohibited by the Cannabis
14        Control Act or the Illinois  Controlled  Substances  Act,
15        unless  prescribed  by a physician, and submit samples of
16        his or her blood or urine or both for tests to  determine
17        the presence of any illicit drug;
18             (17)  refrain  from  operating any motor vehicle not
19        equipped with an ignition interlock device as defined  in
20        Section 1-129.1 of the Illinois Vehicle Code.  Under this
21        condition  the  court  may  allow  a defendant who is not
22        self-employed  to  operate  a  vehicle   owned   by   the
23        defendant's   employer  that  is  not  equipped  with  an
24        ignition interlock device in the course and scope of  the
25        defendant's employment;.
26             (18)  if  placed on supervision for a sex offense as
27        defined in Section 10  of  the  Sex  Offender  Management
28        Board  Act,  not participate in a holiday event involving
29        children under 18 years  of  age,  such  as  distributing
30        candy  or other items to children on Halloween, wearing a
31        Santa Claus costume  on  or  preceding  Christmas,  being
32        employed as a department store Santa Claus, or wearing an
33        Easter Bunny costume on or preceding Easter.
34        (d)  The  court  shall defer entering any judgment on the
 
                            -18-     LRB093 14342 RLC 19925 b
 1    charges until the conclusion of the supervision.
 2        (e)  At the conclusion of the period of  supervision,  if
 3    the  court  determines  that  the  defendant has successfully
 4    complied with all of the conditions of supervision, the court
 5    shall discharge the defendant and enter a judgment dismissing
 6    the charges.
 7        (f)  Discharge and dismissal upon a successful conclusion
 8    of a disposition  of  supervision  shall  be  deemed  without
 9    adjudication  of  guilt  and shall not be termed a conviction
10    for purposes of disqualification or disabilities  imposed  by
11    law  upon  conviction  of  a  crime.   Two  years  after  the
12    discharge  and  dismissal  under  this  Section,  unless  the
13    disposition  of  supervision  was for a violation of Sections
14    3-707, 3-708, 3-710,  5-401.3,  or  11-503  of  the  Illinois
15    Vehicle  Code or a similar provision of a local ordinance, or
16    for a violation of Sections 12-3.2 or 16A-3 of  the  Criminal
17    Code  of  1961,  in  which  case  it  shall  be 5 years after
18    discharge and dismissal, a person  may  have  his  record  of
19    arrest  sealed  or  expunged  as  may  be  provided  by  law.
20    However,  any  defendant placed on supervision before January
21    1, 1980, may move for sealing or expungement  of  his  arrest
22    record,  as  provided by law, at any time after discharge and
23    dismissal under this Section. A person placed on  supervision
24    for  a sexual offense committed against a minor as defined in
25    subsection (g) of Section 5 of  the  Criminal  Identification
26    Act  or  for  a  violation  of Section 11-501 of the Illinois
27    Vehicle Code or a similar  provision  of  a  local  ordinance
28    shall  not  have  his  or  her  record  of  arrest  sealed or
29    expunged.
30        (g)  A defendant placed on supervision and who during the
31    period of supervision undergoes  mandatory  drug  or  alcohol
32    testing,  or both, or is assigned to be placed on an approved
33    electronic monitoring device, shall be  ordered  to  pay  the
34    costs  incidental  to such mandatory drug or alcohol testing,
 
                            -19-     LRB093 14342 RLC 19925 b
 1    or both, and costs incidental  to  such  approved  electronic
 2    monitoring  in accordance with the defendant's ability to pay
 3    those costs. The county board with  the  concurrence  of  the
 4    Chief  Judge  of  the judicial circuit in which the county is
 5    located shall establish  reasonable  fees  for  the  cost  of
 6    maintenance,  testing, and incidental expenses related to the
 7    mandatory drug or alcohol testing, or  both,  and  all  costs
 8    incidental   to   approved   electronic  monitoring,  of  all
 9    defendants placed on  supervision.  The  concurrence  of  the
10    Chief  Judge shall be in the form of an administrative order.
11    The fees shall be collected  by  the  clerk  of  the  circuit
12    court.   The  clerk of the circuit court shall pay all moneys
13    collected from these fees to the county treasurer  who  shall
14    use the moneys collected to defray the costs of drug testing,
15    alcohol   testing,  and  electronic  monitoring.  The  county
16    treasurer shall deposit the  fees  collected  in  the  county
17    working cash fund under Section 6-27001 or Section 6-29002 of
18    the Counties Code, as the case may be.
19        (h)  A  disposition  of  supervision is a final order for
20    the purposes of appeal.
21        (i)  The court shall impose upon a  defendant  placed  on
22    supervision  after  January  1,  1992 or to community service
23    under the  supervision  of  a  probation  or  court  services
24    department   after   January  1,  2004,  as  a  condition  of
25    supervision or supervised community service, a fee of $50 for
26    each month of supervision  or  supervised  community  service
27    ordered  by the court, unless after determining the inability
28    of the person placed on supervision or  supervised  community
29    service  to pay the fee, the court assesses a lesser fee. The
30    court may not impose the fee on a minor who is made a ward of
31    the State under the Juvenile Court  Act  of  1987  while  the
32    minor  is  in placement. The fee shall be imposed only upon a
33    defendant who is actively supervised  by  the  probation  and
34    court services department.  The fee shall be collected by the
 
                            -20-     LRB093 14342 RLC 19925 b
 1    clerk  of  the  circuit court. The clerk of the circuit court
 2    shall pay all monies collected from this fee  to  the  county
 3    treasurer  for  deposit  in  the probation and court services
 4    fund pursuant to Section 15.1 of the Probation and  Probation
 5    Officers Act.
 6        A  circuit court may not impose a probation fee in excess
 7    of $25 per month unless: (1) the circuit court  has  adopted,
 8    by administrative order issued by the chief judge, a standard
 9    probation fee guide determining an offender's ability to pay,
10    under  guidelines  developed  by the Administrative Office of
11    the  Illinois  Courts;  and  (2)  the   circuit   court   has
12    authorized,  by  administrative  order  issued  by  the chief
13    judge, the creation of a Crime Victim's Services Fund, to  be
14    administered  by  the Chief Judge or his or her designee, for
15    services to crime victims and their families. Of  the  amount
16    collected  as  a  probation fee, not to exceed $5 of that fee
17    collected per month may be used to provide services to  crime
18    victims and their families.
19        (j)  All  fines  and costs imposed under this Section for
20    any violation of Chapters 3, 4, 6, and  11  of  the  Illinois
21    Vehicle  Code,  or  a similar provision of a local ordinance,
22    and any violation of the Child Passenger Protection Act, or a
23    similar provision of a local ordinance,  shall  be  collected
24    and  disbursed by the circuit clerk as provided under Section
25    27.5 of the Clerks of Courts Act.
26        (k)  A defendant at least 17 years of age who  is  placed
27    on  supervision for a misdemeanor in a county of 3,000,000 or
28    more inhabitants and who has not been previously convicted of
29    a misdemeanor or felony may as a  condition  of  his  or  her
30    supervision  be  required  by the court to attend educational
31    courses designed to prepare the defendant for a  high  school
32    diploma  and  to work toward a high school diploma or to work
33    toward  passing  the  high  school  level  Test  of   General
34    Educational  Development (GED) or to work toward completing a
 
                            -21-     LRB093 14342 RLC 19925 b
 1    vocational training  program  approved  by  the  court.   The
 2    defendant   placed   on  supervision  must  attend  a  public
 3    institution  of  education  to  obtain  the  educational   or
 4    vocational  training  required  by  this subsection (k).  The
 5    defendant placed on supervision shall be required to pay  for
 6    the  cost of the educational courses or GED test, if a fee is
 7    charged for those courses or test.  The  court  shall  revoke
 8    the supervision of a person who wilfully fails to comply with
 9    this   subsection   (k).   The  court  shall  resentence  the
10    defendant upon  revocation  of  supervision  as  provided  in
11    Section  5-6-4.   This  subsection  (k)  does  not apply to a
12    defendant who has a high school diploma or  has  successfully
13    passed  the GED test. This subsection (k) does not apply to a
14    defendant  who   is   determined   by   the   court   to   be
15    developmentally  disabled  or otherwise mentally incapable of
16    completing the educational or vocational program.
17        (l)  The  court  shall  require  a  defendant  placed  on
18    supervision for possession of a substance prohibited  by  the
19    Cannabis  Control  Act  or Illinois Controlled Substances Act
20    after a previous conviction or disposition of supervision for
21    possession of a substance prohibited by the Cannabis  Control
22    Act  or  Illinois  Controlled Substances Act or a sentence of
23    probation under Section 10 of the  Cannabis  Control  Act  or
24    Section  410  of  the  Illinois Controlled Substances Act and
25    after a finding by the court that the person is addicted,  to
26    undergo  treatment  at  a substance abuse program approved by
27    the court.
28        (m)  The Secretary of State shall require  anyone  placed
29    on  court supervision for a violation of Section 3-707 of the
30    Illinois Vehicle Code or  a  similar  provision  of  a  local
31    ordinance   to   give   proof   of   his   or  her  financial
32    responsibility as defined in Section 7-315  of  the  Illinois
33    Vehicle   Code.    The  proof  shall  be  maintained  by  the
34    individual in a manner satisfactory to the Secretary of State
 
                            -22-     LRB093 14342 RLC 19925 b
 1    for a minimum period of one year after the date the proof  is
 2    first  filed.  The  proof shall be limited to a single action
 3    per arrest and may  not  be  affected  by  any  post-sentence
 4    disposition.   The  Secretary  of  State  shall  suspend  the
 5    driver's license of any person determined by the Secretary to
 6    be in violation of this subsection.
 7    (Source: P.A.  92-282,  eff.  8-7-01;  92-458,  eff. 8-22-01;
 8    92-651, eff. 7-11-02; 93-475, eff. 8-8-03.)

 9        Section  10.  The  Sex  Offender   and   Child   Murderer
10    Community  Notification  Law is amended by adding Section 121
11    as follows:

12        (730 ILCS 152/121 new)
13        Sec. 121. Special alerts. A law enforcement agency having
14    jurisdiction may provide to the public a special  alert  list
15    warning parents to be aware that sex offenders may attempt to
16    contact  children during holidays involving children, such as
17    Halloween, Christmas, and Easter and to inform  parents  that
18    information  containing the names and addresses of registered
19    sex offenders are accessible on the Internet by  means  of  a
20    hyperlink   labeled   "Sex   Offender   Information"  on  the
21    Department of State Police's World Wide Web home page and are
22    available for public inspection at the agency's headquarters.

23        Section 99.  Effective date.  This Act takes effect  upon
24    becoming law.