Full Text of HB2390 100th General Assembly
HB2390 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB2390 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/12-7.1 | from Ch. 38, par. 12-7.1 | 730 ILCS 5/3-3-7 | from Ch. 38, par. 1003-3-7 | 730 ILCS 5/5-6-3 | from Ch. 38, par. 1005-6-3 | 730 ILCS 5/5-8-4 | from Ch. 38, par. 1005-8-4 |
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Amends the Criminal Code of 2012. Removes cap on restitution. Removes intent requirement for hate crime committed in or causing damage to a place of worship. Provides that as a condition of probation or conditional discharge for hate crime, the court shall require the offender to perform public or community service of no less than 200 hours (even if that service is not established in the county where the offender was convicted of hate crime) and to enroll in an educational program discouraging hate crimes involving the protected class identified in the statute that gave rise to the offense committed. The educational program must be attended in-person. Expands organization that can provide the educational program. Clarifies that any hate crime victim who files a civil action shall be entitled to recover attorney's fees and costs. Provides that the parents or legal guardians, other than
guardians appointed under the Juvenile Court Act, of an unemancipated minor shall be liable for the amount
of any judgment for a hate crime for all (rather than actual) damages rendered against the minor in any amount not exceeding the amount provided under
the Parental Responsibility Law. Requires if a person is convicted of hate crime in addition to one or more other convictions, that if imprisonment is to be imposed on the convictions the sentences must be served consecutively.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Section 12-7.1 as follows:
| 6 | | (720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
| 7 | | Sec. 12-7.1. Hate crime.
| 8 | | (a) A person commits hate crime when, by reason of the | 9 | | actual or
perceived race, color, creed, religion, ancestry, | 10 | | gender, sexual orientation,
physical or mental disability, or | 11 | | national origin of another individual or
group of individuals, | 12 | | regardless of the existence of any other motivating
factor or | 13 | | factors, he commits assault, battery, aggravated assault, | 14 | | misdemeanor
theft, criminal trespass to residence, misdemeanor | 15 | | criminal damage
to property, criminal trespass to vehicle, | 16 | | criminal trespass to real property,
mob action, disorderly | 17 | | conduct, harassment by telephone, or harassment through | 18 | | electronic
communications as these crimes are defined in | 19 | | Sections 12-1,
12-2, 12-3(a), 16-1, 19-4, 21-1, 21-2, 21-3, | 20 | | 25-1, 26-1, 26.5-2, and paragraphs (a)(2) and (a)(5) of Section | 21 | | 26.5-3 of this Code,
respectively.
| 22 | | (b) Except as provided in subsection (b-5), hate crime is a | 23 | | Class 4
felony for a first offense and a Class 2 felony for a |
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| 1 | | second or subsequent
offense.
| 2 | | (b-5) Hate crime is a Class 3 felony for a first offense | 3 | | and a Class 2
felony for a second or subsequent offense if | 4 | | committed:
| 5 | | (1) in , or causes damage to, a church, synagogue, | 6 | | mosque, or other building, structure, or place
identified | 7 | | or associated with a particular religion or used for | 8 | | religious worship or other religious purpose regardless of | 9 | | the person's intent ;
| 10 | | (2) in a cemetery, mortuary, or other facility used for | 11 | | the purpose of
burial or memorializing the dead;
| 12 | | (3) in a school or other educational facility, | 13 | | including an administrative facility or public or private | 14 | | dormitory facility of or associated with the school or | 15 | | other educational facility;
| 16 | | (4) in a public park or an ethnic or religious | 17 | | community center;
| 18 | | (5) on the real property comprising any location | 19 | | specified in
clauses (1) through (4) of this subsection | 20 | | (b-5); or
| 21 | | (6) on a public way within 1,000 feet of the real | 22 | | property comprising any
location specified in clauses (1) | 23 | | through (4) of this subsection (b-5).
| 24 | | (b-10) Upon imposition of any sentence,
the trial
court | 25 | | shall also either order restitution paid to the victim
or | 26 | | impose a fine in an amount to be determined by the court based |
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| 1 | | on the severity of the crime and the injury or damages suffered | 2 | | by the victim up to $1,000 . In addition, any order of probation | 3 | | or
conditional discharge entered following a conviction or an | 4 | | adjudication of
delinquency shall include a condition that the | 5 | | offender perform public or
community service of no less than | 6 | | 200 hours if that service is established in
the county where | 7 | | the offender was convicted of hate crime . In addition, any | 8 | | order of probation or
conditional discharge entered following a | 9 | | conviction or an adjudication of
delinquency shall include a | 10 | | condition that the offender enroll in an educational program | 11 | | discouraging hate crimes involving the protected class | 12 | | identified in subsection (a) that gave rise to the offense the | 13 | | offender committed if the offender caused criminal damage
to | 14 | | property consisting of religious fixtures, objects, or | 15 | | decorations . The educational program must be attended by the | 16 | | offender in-person and may be administered, as determined by | 17 | | the court, by a university, college, community college, | 18 | | non-profit organization, or the Illinois Holocaust and | 19 | | Genocide Commission , or any other organization that provides | 20 | | educational programs discouraging hate crimes, except that | 21 | | programs administered online or that can otherwise be attended | 22 | | remotely are prohibited . Nothing in this subsection (b-10) | 23 | | prohibits courses discouraging hate crimes from being made | 24 | | available online. The court may also
impose any other condition | 25 | | of probation or conditional discharge under this
Section. If | 26 | | the court sentences the offender to imprisonment or periodic |
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| 1 | | imprisonment for a violation of this Section, as a condition of | 2 | | the offender's mandatory supervised release, the court shall | 3 | | require that the offender perform public or community service | 4 | | of no less than 200 hours and enroll in an educational program | 5 | | discouraging hate crimes involving the protected class
| 6 | | identified in subsection (a) that gave rise to the offense the | 7 | | offender committed.
| 8 | | (c) Independent of any criminal prosecution or the result
| 9 | | thereof, any
person suffering injury to his person or damage to | 10 | | his property as a result
of a hate crime may bring a civil | 11 | | action for damages, injunction
or other appropriate relief. The | 12 | | court may award actual damages, including
damages for emotional | 13 | | distress, as well as or punitive damages. Any person who brings | 14 | | a civil action under this subsection shall be entitled to | 15 | | recover attorney's fees and costs A judgment may include
| 16 | | attorney's fees and costs . The parents or legal guardians, | 17 | | other than
guardians appointed pursuant to the Juvenile Court | 18 | | Act or the Juvenile
Court Act of 1987, of an unemancipated | 19 | | minor shall be liable for the amount
of any judgment for all | 20 | | actual damages rendered against such minor under this
| 21 | | subsection (c) in any amount not exceeding the amount provided | 22 | | under
Section 5 of the Parental Responsibility Law.
| 23 | | (d) "Sexual orientation" has the meaning ascribed to it in | 24 | | paragraph (O-1) of Section 1-103 of the Illinois Human Rights | 25 | | Act.
| 26 | | (Source: P.A. 99-77, eff. 1-1-16 .)
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| 1 | | Section 10. The Unified Code of Corrections is amended by | 2 | | changing Sections 3-3-7, 5-6-3, and 5-8-4 as follows: | 3 | | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | 4 | | Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | 5 | | Release.
| 6 | | (a) The conditions of parole or mandatory
supervised | 7 | | release shall be such as the Prisoner Review
Board deems | 8 | | necessary to assist the subject in leading a
law-abiding life. | 9 | | The conditions of every parole and mandatory
supervised release | 10 | | are that the subject:
| 11 | | (1) not violate any criminal statute of any | 12 | | jurisdiction
during the parole or release term;
| 13 | | (2) refrain from possessing a firearm or other | 14 | | dangerous
weapon;
| 15 | | (3) report to an agent of the Department of | 16 | | Corrections;
| 17 | | (4) permit the agent to visit him or her at his or her | 18 | | home, employment,
or
elsewhere to the
extent necessary for | 19 | | the agent to discharge his or her duties;
| 20 | | (5) attend or reside in a facility established for the | 21 | | instruction or
residence
of persons on
parole or mandatory | 22 | | supervised release;
| 23 | | (6) secure permission before visiting or writing a | 24 | | committed person in an
Illinois Department
of Corrections |
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| 1 | | facility;
| 2 | | (7) report all arrests to an agent of the Department of | 3 | | Corrections as
soon as
permitted by the
arresting authority | 4 | | but in no event later than 24 hours after release from
| 5 | | custody and immediately report service or notification of | 6 | | an order of protection, a civil no contact order, or a | 7 | | stalking no contact order to an agent of the Department of | 8 | | Corrections;
| 9 | | (7.5) if convicted of a sex offense as defined in the | 10 | | Sex Offender
Management Board Act, the individual shall | 11 | | undergo and successfully complete
sex offender treatment | 12 | | conducted in conformance with the standards developed by
| 13 | | the Sex
Offender Management Board Act by a treatment | 14 | | provider approved by the Board;
| 15 | | (7.6) if convicted of a sex offense as defined in the | 16 | | Sex Offender
Management Board Act, refrain from residing at | 17 | | the same address or in the same condominium unit or | 18 | | apartment unit or in the same condominium complex or | 19 | | apartment complex with another person he or she knows or | 20 | | reasonably should know is a convicted sex offender or has | 21 | | been placed on supervision for a sex offense; the | 22 | | provisions of this paragraph do not apply to a person | 23 | | convicted of a sex offense who is placed in a Department of | 24 | | Corrections licensed transitional housing facility for sex | 25 | | offenders, or is in any facility operated or licensed by | 26 | | the Department of Children and Family Services or by the |
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| 1 | | Department of Human Services, or is in any licensed medical | 2 | | facility;
| 3 | | (7.7) if convicted for an offense that would qualify | 4 | | the accused as a sexual predator under the Sex Offender | 5 | | Registration Act on or after January 1, 2007 (the effective | 6 | | date of Public Act 94-988), wear an approved electronic | 7 | | monitoring device as defined in Section 5-8A-2 for the | 8 | | duration of the person's parole, mandatory supervised | 9 | | release term, or extended mandatory supervised release | 10 | | term and if convicted for an offense of criminal sexual | 11 | | assault, aggravated criminal sexual assault, predatory | 12 | | criminal sexual assault of a child, criminal sexual abuse, | 13 | | aggravated criminal sexual abuse, or ritualized abuse of a | 14 | | child committed on or after August 11, 2009 (the effective | 15 | | date of Public Act 96-236) when the victim was under 18 | 16 | | years of age at the time of the commission of the offense | 17 | | and the defendant used force or the threat of force in the | 18 | | commission of the offense wear an approved electronic | 19 | | monitoring device as defined in Section 5-8A-2 that has | 20 | | Global Positioning System (GPS) capability for the | 21 | | duration of the person's parole, mandatory supervised | 22 | | release term, or extended mandatory supervised release | 23 | | term;
| 24 | | (7.8) if convicted for an offense committed on or after | 25 | | June 1, 2008 (the effective date of Public Act 95-464) that | 26 | | would qualify the accused as a child sex offender as |
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| 1 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 2 | | 1961 or the Criminal Code of 2012, refrain from | 3 | | communicating with or contacting, by means of the Internet, | 4 | | a person who is not related to the accused and whom the | 5 | | accused reasonably believes to be under 18 years of age; | 6 | | for purposes of this paragraph (7.8), "Internet" has the | 7 | | meaning ascribed to it in Section 16-0.1 of the Criminal | 8 | | Code of 2012; and a person is not related to the accused if | 9 | | the person is not: (i) the spouse, brother, or sister of | 10 | | the accused; (ii) a descendant of the accused; (iii) a | 11 | | first or second cousin of the accused; or (iv) a step-child | 12 | | or adopted child of the accused;
| 13 | | (7.9)
if convicted under Section 11-6, 11-20.1, | 14 | | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or | 15 | | the Criminal Code of 2012, consent to search of computers, | 16 | | PDAs, cellular phones, and other devices under his or her | 17 | | control that are capable of accessing the Internet or | 18 | | storing electronic files, in order to confirm Internet | 19 | | protocol addresses reported in accordance with the Sex | 20 | | Offender Registration Act and compliance with conditions | 21 | | in this Act;
| 22 | | (7.10)
if convicted for an offense that would qualify | 23 | | the accused as a sex offender or sexual predator under the | 24 | | Sex Offender Registration Act on or after June 1, 2008 (the | 25 | | effective date of Public Act 95-640), not possess | 26 | | prescription drugs for erectile dysfunction;
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| 1 | | (7.11) if convicted for an offense under Section 11-6, | 2 | | 11-9.1, 11-14.4 that involves soliciting for a juvenile | 3 | | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | 4 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 5 | | or any attempt to commit any of these offenses, committed | 6 | | on or after June 1, 2009 (the effective date of Public Act | 7 | | 95-983): | 8 | | (i) not access or use a computer or any other | 9 | | device with Internet capability without the prior | 10 | | written approval of the Department; | 11 | | (ii) submit to periodic unannounced examinations | 12 | | of the offender's computer or any other device with | 13 | | Internet capability by the offender's supervising | 14 | | agent, a law enforcement officer, or assigned computer | 15 | | or information technology specialist, including the | 16 | | retrieval and copying of all data from the computer or | 17 | | device and any internal or external peripherals and | 18 | | removal of such information, equipment, or device to | 19 | | conduct a more thorough inspection; | 20 | | (iii) submit to the installation on the offender's | 21 | | computer or device with Internet capability, at the | 22 | | offender's expense, of one or more hardware or software | 23 | | systems to monitor the Internet use; and | 24 | | (iv) submit to any other appropriate restrictions | 25 | | concerning the offender's use of or access to a | 26 | | computer or any other device with Internet capability |
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| 1 | | imposed by the Board, the Department or the offender's | 2 | | supervising agent; | 3 | | (7.12) if convicted of a sex offense as defined in the | 4 | | Sex Offender
Registration Act committed on or after January | 5 | | 1, 2010 (the effective date of Public Act 96-262), refrain | 6 | | from accessing or using a social networking website as | 7 | | defined in Section 17-0.5 of the Criminal Code of 2012;
| 8 | | (7.13) if convicted of a sex offense as defined in | 9 | | Section 2 of the Sex Offender Registration Act committed on | 10 | | or after January 1, 2010 (the effective date of Public Act | 11 | | 96-362) that requires the person to register as a sex | 12 | | offender under that Act, may not knowingly use any computer | 13 | | scrub software on any computer that the sex offender uses; | 14 | | (8) obtain permission of an agent of the Department of | 15 | | Corrections before
leaving the
State of Illinois;
| 16 | | (9) obtain permission of an agent of the Department of | 17 | | Corrections before
changing
his or her residence or | 18 | | employment;
| 19 | | (10) consent to a search of his or her person, | 20 | | property, or residence
under his or her
control;
| 21 | | (11) refrain from the use or possession of narcotics or | 22 | | other controlled
substances in
any form, or both, or any | 23 | | paraphernalia related to those substances and submit
to a
| 24 | | urinalysis test as instructed by a parole agent of the | 25 | | Department of
Corrections;
| 26 | | (12) not frequent places where controlled substances |
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| 1 | | are illegally sold,
used,
distributed, or administered;
| 2 | | (13) not knowingly associate with other persons on | 3 | | parole or mandatory
supervised
release without prior | 4 | | written permission of his or her parole agent, except
when | 5 | | the association involves activities related to community | 6 | | programs, worship services, volunteering, and engaging | 7 | | families, and not
associate with
persons who are members of | 8 | | an organized gang as that term is defined in the
Illinois
| 9 | | Streetgang Terrorism Omnibus Prevention Act;
| 10 | | (14) provide true and accurate information, as it | 11 | | relates to his or her
adjustment in the
community while on | 12 | | parole or mandatory supervised release or to his or her
| 13 | | conduct
while incarcerated, in response to inquiries by his | 14 | | or her parole agent or of
the
Department of Corrections;
| 15 | | (15) follow any specific instructions provided by the | 16 | | parole agent that
are consistent
with furthering | 17 | | conditions set and approved by the Prisoner Review Board or | 18 | | by
law,
exclusive of placement on electronic detention, to | 19 | | achieve the goals and
objectives of his
or her parole or | 20 | | mandatory supervised release or to protect the public. | 21 | | These
instructions by the parole agent may be modified at | 22 | | any time, as the agent
deems
appropriate;
| 23 | | (16) if convicted of a sex offense as defined in | 24 | | subsection (a-5) of Section 3-1-2 of this Code, unless the | 25 | | offender is a parent or guardian of the person under 18 | 26 | | years of age present in the home and no non-familial minors |
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| 1 | | are present, not participate in a holiday event involving | 2 | | children under 18 years of age, such as distributing candy | 3 | | or other items to children on Halloween, wearing a Santa | 4 | | Claus costume on or preceding Christmas, being employed as | 5 | | a department store Santa Claus, or wearing an Easter Bunny | 6 | | costume on or preceding Easter; | 7 | | (17) if convicted of a violation of an order of | 8 | | protection under Section 12-3.4 or Section 12-30 of the | 9 | | Criminal Code of 1961 or the Criminal Code of 2012, be | 10 | | placed under electronic surveillance as provided in | 11 | | Section 5-8A-7 of this Code; | 12 | | (18) comply with the terms and conditions of an order | 13 | | of protection issued pursuant to the Illinois Domestic | 14 | | Violence Act of 1986; an order of protection issued by the | 15 | | court of another state, tribe, or United States territory; | 16 | | a no contact order issued pursuant to the Civil No Contact | 17 | | Order Act; or a no contact order issued pursuant to the | 18 | | Stalking No Contact Order Act; and | 19 | | (19) if convicted of a violation of the Methamphetamine | 20 | | Control and Community Protection Act, the Methamphetamine
| 21 | | Precursor Control Act, or a methamphetamine related | 22 | | offense, be: | 23 | | (A) prohibited from purchasing, possessing, or | 24 | | having under his or her control any product containing | 25 | | pseudoephedrine unless prescribed by a physician; and | 26 | | (B) prohibited from purchasing, possessing, or |
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| 1 | | having under his or her control any product containing | 2 | | ammonium nitrate ; and . | 3 | | (20) if convicted of hate crime under Section | 4 | | 12-7.1 of the Criminal Code of 2012, perform public or | 5 | | community service of no less than 200 hours and enroll | 6 | | in an
educational program discouraging hate crimes | 7 | | involving the protected class
identified in subsection | 8 | | (a) of Section 12-7.1 of the Criminal Code of 2012 that | 9 | | gave rise to the offense the offender committed ordered | 10 | | by the court. | 11 | | (b) The Board may in addition to other conditions
require | 12 | | that the subject:
| 13 | | (1) work or pursue a course of study or vocational | 14 | | training;
| 15 | | (2) undergo medical or psychiatric treatment, or | 16 | | treatment
for drug addiction or alcoholism;
| 17 | | (3) attend or reside in a facility established for the
| 18 | | instruction or residence of persons on probation or parole;
| 19 | | (4) support his or her dependents;
| 20 | | (5) (blank);
| 21 | | (6) (blank);
| 22 | | (7) (blank);
| 23 | | (7.5) if convicted for an offense committed on or after | 24 | | the effective date of this amendatory Act of the 95th | 25 | | General Assembly that would qualify the accused as a child | 26 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the |
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| 1 | | Criminal Code of 1961 or the Criminal Code of 2012, refrain | 2 | | from communicating with or contacting, by means of the | 3 | | Internet, a person who is related to the accused and whom | 4 | | the accused reasonably believes to be under 18 years of | 5 | | age; for purposes of this paragraph (7.5), "Internet" has | 6 | | the meaning ascribed to it in Section 16-0.1 of the | 7 | | Criminal Code of 2012; and a person is related to the | 8 | | accused if the person is: (i) the spouse, brother, or | 9 | | sister of the accused; (ii) a descendant of the accused; | 10 | | (iii) a first or second cousin of the accused; or (iv) a | 11 | | step-child or adopted child of the accused; | 12 | | (7.6) if convicted for an offense committed on or after | 13 | | June 1, 2009 (the effective date of Public Act 95-983) that | 14 | | would qualify as a sex offense as defined in the Sex | 15 | | Offender Registration Act: | 16 | | (i) not access or use a computer or any other | 17 | | device with Internet capability without the prior | 18 | | written approval of the Department; | 19 | | (ii) submit to periodic unannounced examinations | 20 | | of the offender's computer or any other device with | 21 | | Internet capability by the offender's supervising | 22 | | agent, a law enforcement officer, or assigned computer | 23 | | or information technology specialist, including the | 24 | | retrieval and copying of all data from the computer or | 25 | | device and any internal or external peripherals and | 26 | | removal of such information, equipment, or device to |
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| 1 | | conduct a more thorough inspection; | 2 | | (iii) submit to the installation on the offender's | 3 | | computer or device with Internet capability, at the | 4 | | offender's expense, of one or more hardware or software | 5 | | systems to monitor the Internet use; and | 6 | | (iv) submit to any other appropriate restrictions | 7 | | concerning the offender's use of or access to a | 8 | | computer or any other device with Internet capability | 9 | | imposed by the Board, the Department or the offender's | 10 | | supervising agent; and
| 11 | | (8) in addition, if a minor:
| 12 | | (i) reside with his or her parents or in a foster | 13 | | home;
| 14 | | (ii) attend school;
| 15 | | (iii) attend a non-residential program for youth; | 16 | | or
| 17 | | (iv) contribute to his or her own support at home | 18 | | or in a foster
home.
| 19 | | (b-1) In addition to the conditions set forth in | 20 | | subsections (a) and (b), persons required to register as sex | 21 | | offenders pursuant to the Sex Offender Registration Act, upon | 22 | | release from the custody of the Illinois Department of | 23 | | Corrections, may be required by the Board to comply with the | 24 | | following specific conditions of release: | 25 | | (1) reside only at a Department approved location; | 26 | | (2) comply with all requirements of the Sex Offender |
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| 1 | | Registration Act;
| 2 | | (3) notify
third parties of the risks that may be | 3 | | occasioned by his or her criminal record; | 4 | | (4) obtain the approval of an agent of the Department | 5 | | of Corrections prior to accepting employment or pursuing a | 6 | | course of study or vocational training and notify the | 7 | | Department prior to any change in employment, study, or | 8 | | training; | 9 | | (5) not be employed or participate in any
volunteer | 10 | | activity that involves contact with children, except under | 11 | | circumstances approved in advance and in writing by an | 12 | | agent of the Department of Corrections; | 13 | | (6) be electronically monitored for a minimum of 12 | 14 | | months from the date of release as determined by the Board;
| 15 | | (7) refrain from entering into a designated
geographic | 16 | | area except upon terms approved in advance by an agent of | 17 | | the Department of Corrections. The terms may include | 18 | | consideration of the purpose of the entry, the time of day, | 19 | | and others accompanying the person; | 20 | | (8) refrain from having any contact, including
written | 21 | | or oral communications, directly or indirectly, personally | 22 | | or by telephone, letter, or through a third party with | 23 | | certain specified persons including, but not limited to, | 24 | | the victim or the victim's family without the prior written | 25 | | approval of an agent of the Department of Corrections; | 26 | | (9) refrain from all contact, directly or
indirectly, |
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| 1 | | personally, by telephone, letter, or through a third party, | 2 | | with minor children without prior identification and | 3 | | approval of an agent of the Department of Corrections; | 4 | | (10) neither possess or have under his or her
control | 5 | | any material that is sexually oriented, sexually | 6 | | stimulating, or that shows male or female sex organs or any | 7 | | pictures depicting children under 18 years of age nude or | 8 | | any written or audio material describing sexual | 9 | | intercourse or that depicts or alludes to sexual activity, | 10 | | including but not limited to visual, auditory, telephonic, | 11 | | or electronic media, or any matter obtained through access | 12 | | to any computer or material linked to computer access use; | 13 | | (11) not patronize any business providing
sexually | 14 | | stimulating or sexually oriented entertainment nor utilize | 15 | | "900" or adult telephone numbers; | 16 | | (12) not reside near, visit, or be in or about
parks, | 17 | | schools, day care centers, swimming pools, beaches, | 18 | | theaters, or any other places where minor children | 19 | | congregate without advance approval of an agent of the | 20 | | Department of Corrections and immediately report any | 21 | | incidental contact with minor children to the Department; | 22 | | (13) not possess or have under his or her control
| 23 | | certain specified items of contraband related to the | 24 | | incidence of sexually offending as determined by an agent | 25 | | of the Department of Corrections; | 26 | | (14) may be required to provide a written daily log of |
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| 1 | | activities
if directed by an agent of the Department of | 2 | | Corrections; | 3 | | (15) comply with all other special conditions
that the | 4 | | Department may impose that restrict the person from | 5 | | high-risk situations and limit access to potential | 6 | | victims; | 7 | | (16) take an annual polygraph exam; | 8 | | (17) maintain a log of his or her travel; or | 9 | | (18) obtain prior approval of his or her parole officer | 10 | | before driving alone in a motor vehicle.
| 11 | | (c) The conditions under which the parole or mandatory
| 12 | | supervised release is to be served shall be communicated to
the | 13 | | person in writing prior to his or her release, and he or she | 14 | | shall
sign the same before release. A signed copy of these | 15 | | conditions,
including a copy of an order of protection where | 16 | | one had been issued by the
criminal court, shall be retained by | 17 | | the person and another copy forwarded to
the officer in charge | 18 | | of his or her supervision.
| 19 | | (d) After a hearing under Section 3-3-9, the Prisoner
| 20 | | Review Board may modify or enlarge the conditions of parole
or | 21 | | mandatory supervised release.
| 22 | | (e) The Department shall inform all offenders committed to
| 23 | | the Department of the optional services available to them
upon | 24 | | release and shall assist inmates in availing themselves
of such | 25 | | optional services upon their release on a voluntary
basis. | 26 | | (f) (Blank).
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| 1 | | (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17; 99-698, | 2 | | eff. 7-29-16; revised 9-1-16.) | 3 | | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) | 4 | | Sec. 5-6-3. Conditions of Probation and of Conditional | 5 | | Discharge.
| 6 | | (a) The conditions of probation and of conditional | 7 | | discharge shall be
that the person:
| 8 | | (1) not violate any criminal statute of any | 9 | | jurisdiction;
| 10 | | (2) report to or appear in person before such person or | 11 | | agency as
directed by the court;
| 12 | | (3) refrain from possessing a firearm or other | 13 | | dangerous weapon where the offense is a felony or, if a | 14 | | misdemeanor, the offense involved the intentional or | 15 | | knowing infliction of bodily harm or threat of bodily harm;
| 16 | | (4) not leave the State without the consent of the | 17 | | court or, in
circumstances in which the reason for the | 18 | | absence is of such an emergency
nature that prior consent | 19 | | by the court is not possible, without the prior
| 20 | | notification and approval of the person's probation
| 21 | | officer. Transfer of a person's probation or conditional | 22 | | discharge
supervision to another state is subject to | 23 | | acceptance by the other state
pursuant to the Interstate | 24 | | Compact for Adult Offender Supervision;
| 25 | | (5) permit the probation officer to visit
him at his |
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| 1 | | home or elsewhere
to the extent necessary to discharge his | 2 | | duties;
| 3 | | (6) perform no less than 30 hours of community service | 4 | | and not more than
120 hours of community service, if | 5 | | community service is available in the
jurisdiction and is | 6 | | funded and approved by the county board where the offense
| 7 | | was committed, where the offense was related to or in | 8 | | furtherance of the
criminal activities of an organized gang | 9 | | and was motivated by the offender's
membership in or | 10 | | allegiance to an organized gang. The community service | 11 | | shall
include, but not be limited to, the cleanup and | 12 | | repair of any damage caused by
a violation of Section | 13 | | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | 14 | | 2012 and similar damage
to property located within the | 15 | | municipality or county in which the violation
occurred. | 16 | | When possible and reasonable, the community service should | 17 | | be
performed in the offender's neighborhood. For purposes | 18 | | of this Section,
"organized gang" has the meaning ascribed | 19 | | to it in Section 10 of the Illinois
Streetgang Terrorism | 20 | | Omnibus Prevention Act;
| 21 | | (7) if he or she is at least 17 years of age and has | 22 | | been sentenced to
probation or conditional discharge for a | 23 | | misdemeanor or felony in a county of
3,000,000 or more | 24 | | inhabitants and has not been previously convicted of a
| 25 | | misdemeanor or felony, may be required by the sentencing | 26 | | court to attend
educational courses designed to prepare the |
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| 1 | | defendant for a high school diploma
and to work toward a | 2 | | high school diploma or to work toward passing high school | 3 | | equivalency testing or to work toward
completing a | 4 | | vocational training program approved by the court. The | 5 | | person on
probation or conditional discharge must attend a | 6 | | public institution of
education to obtain the educational | 7 | | or vocational training required by this
clause (7). The | 8 | | court shall revoke the probation or conditional discharge | 9 | | of a
person who wilfully fails to comply with this clause | 10 | | (7). The person on
probation or conditional discharge shall | 11 | | be required to pay for the cost of the
educational courses | 12 | | or high school equivalency testing if a fee is charged for | 13 | | those courses or testing. The court shall resentence the | 14 | | offender whose probation or conditional
discharge has been | 15 | | revoked as provided in Section 5-6-4. This clause (7) does
| 16 | | not apply to a person who has a high school diploma or has | 17 | | successfully passed high school equivalency testing. This | 18 | | clause (7) does not apply to a person who is determined by
| 19 | | the court to be a person with a developmental disability or | 20 | | otherwise mentally incapable of
completing the educational | 21 | | or vocational program;
| 22 | | (8) if convicted of possession of a substance | 23 | | prohibited
by the Cannabis Control Act, the Illinois | 24 | | Controlled Substances Act, or the Methamphetamine Control | 25 | | and Community Protection Act
after a previous conviction or | 26 | | disposition of supervision for possession of a
substance |
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| 1 | | prohibited by the Cannabis Control Act or Illinois | 2 | | Controlled
Substances Act or after a sentence of probation | 3 | | under Section 10 of the
Cannabis
Control Act, Section 410 | 4 | | of the Illinois Controlled Substances Act, or Section 70 of | 5 | | the Methamphetamine Control and Community Protection Act | 6 | | and upon a
finding by the court that the person is | 7 | | addicted, undergo treatment at a
substance abuse program | 8 | | approved by the court;
| 9 | | (8.5) if convicted of a felony sex offense as defined | 10 | | in the Sex
Offender
Management Board Act, the person shall | 11 | | undergo and successfully complete sex
offender treatment | 12 | | by a treatment provider approved by the Board and conducted
| 13 | | in conformance with the standards developed under the Sex
| 14 | | Offender Management Board Act;
| 15 | | (8.6) if convicted of a sex offense as defined in the | 16 | | Sex Offender Management Board Act, refrain from residing at | 17 | | the same address or in the same condominium unit or | 18 | | apartment unit or in the same condominium complex or | 19 | | apartment complex with another person he or she knows or | 20 | | reasonably should know is a convicted sex offender or has | 21 | | been placed on supervision for a sex offense; the | 22 | | provisions of this paragraph do not apply to a person | 23 | | convicted of a sex offense who is placed in a Department of | 24 | | Corrections licensed transitional housing facility for sex | 25 | | offenders; | 26 | | (8.7) if convicted for an offense committed on or after |
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| 1 | | June 1, 2008 (the effective date of Public Act 95-464) that | 2 | | would qualify the accused as a child sex offender as | 3 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 4 | | 1961 or the Criminal Code of 2012, refrain from | 5 | | communicating with or contacting, by means of the Internet, | 6 | | a person who is not related to the accused and whom the | 7 | | accused reasonably believes to be under 18 years of age; | 8 | | for purposes of this paragraph (8.7), "Internet" has the | 9 | | meaning ascribed to it in Section 16-0.1 of the Criminal | 10 | | Code of 2012; and a person is not related to the accused if | 11 | | the person is not: (i) the spouse, brother, or sister of | 12 | | the accused; (ii) a descendant of the accused; (iii) a | 13 | | first or second cousin of the accused; or (iv) a step-child | 14 | | or adopted child of the accused; | 15 | | (8.8) if convicted for an offense under Section 11-6, | 16 | | 11-9.1, 11-14.4 that involves soliciting for a juvenile | 17 | | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | 18 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 19 | | or any attempt to commit any of these offenses, committed | 20 | | on or after June 1, 2009 (the effective date of Public Act | 21 | | 95-983): | 22 | | (i) not access or use a computer or any other | 23 | | device with Internet capability without the prior | 24 | | written approval of the offender's probation officer, | 25 | | except in connection with the offender's employment or | 26 | | search for employment with the prior approval of the |
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| 1 | | offender's probation officer; | 2 | | (ii) submit to periodic unannounced examinations | 3 | | of the offender's computer or any other device with | 4 | | Internet capability by the offender's probation | 5 | | officer, a law enforcement officer, or assigned | 6 | | computer or information technology specialist, | 7 | | including the retrieval and copying of all data from | 8 | | the computer or device and any internal or external | 9 | | peripherals and removal of such information, | 10 | | equipment, or device to conduct a more thorough | 11 | | inspection; | 12 | | (iii) submit to the installation on the offender's | 13 | | computer or device with Internet capability, at the | 14 | | offender's expense, of one or more hardware or software | 15 | | systems to monitor the Internet use; and | 16 | | (iv) submit to any other appropriate restrictions | 17 | | concerning the offender's use of or access to a | 18 | | computer or any other device with Internet capability | 19 | | imposed by the offender's probation officer; | 20 | | (8.9) if convicted of a sex offense as defined in the | 21 | | Sex Offender
Registration Act committed on or after January | 22 | | 1, 2010 (the effective date of Public Act 96-262), refrain | 23 | | from accessing or using a social networking website as | 24 | | defined in Section 17-0.5 of the Criminal Code of 2012;
| 25 | | (9) if convicted of a felony or of any misdemeanor | 26 | | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or |
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| 1 | | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of | 2 | | 2012 that was determined, pursuant to Section 112A-11.1 of | 3 | | the Code of Criminal Procedure of 1963, to trigger the | 4 | | prohibitions of 18 U.S.C. 922(g)(9), physically surrender | 5 | | at a time and place
designated by the court, his or her | 6 | | Firearm
Owner's Identification Card and
any and all | 7 | | firearms in
his or her possession. The Court shall return | 8 | | to the Department of State Police Firearm Owner's | 9 | | Identification Card Office the person's Firearm Owner's | 10 | | Identification Card;
| 11 | | (10) if convicted of a sex offense as defined in | 12 | | subsection (a-5) of Section 3-1-2 of this Code, unless the | 13 | | offender is a parent or guardian of the person under 18 | 14 | | years of age present in the home and no non-familial minors | 15 | | are present, not participate in a holiday event involving | 16 | | children under 18 years of age, such as distributing candy | 17 | | or other items to children on Halloween, wearing a Santa | 18 | | Claus costume on or preceding Christmas, being employed as | 19 | | a department store Santa Claus, or wearing an Easter Bunny | 20 | | costume on or preceding Easter; | 21 | | (11) if convicted of a sex offense as defined in | 22 | | Section 2 of the Sex Offender Registration Act committed on | 23 | | or after January 1, 2010 (the effective date of Public Act | 24 | | 96-362) that requires the person to register as a sex | 25 | | offender under that Act, may not knowingly use any computer | 26 | | scrub software on any computer that the sex offender uses; |
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| 1 | | and | 2 | | (12) if convicted of a violation of the Methamphetamine | 3 | | Control and Community Protection Act, the Methamphetamine
| 4 | | Precursor Control Act, or a methamphetamine related | 5 | | offense: | 6 | | (A) prohibited from purchasing, possessing, or | 7 | | having under his or her control any product containing | 8 | | pseudoephedrine unless prescribed by a physician; and | 9 | | (B) prohibited from purchasing, possessing, or | 10 | | having under his or her control any product containing | 11 | | ammonium nitrate ; and . | 12 | | (13) if convicted of a hate crime involving the | 13 | | protected class identified in subsection (a) of Section | 14 | | 12-7.1 of the Criminal Code of 2012 that gave rise to the | 15 | | offense the offender committed, perform public or | 16 | | community service of no less than 200 hours and enroll in | 17 | | an educational program discouraging hate crimes that | 18 | | includes racial, ethnic, and cultural sensitivity training | 19 | | ordered by the court. | 20 | | (b) The Court may in addition to other reasonable | 21 | | conditions relating to the
nature of the offense or the | 22 | | rehabilitation of the defendant as determined for
each | 23 | | defendant in the proper discretion of the Court require that | 24 | | the person:
| 25 | | (1) serve a term of periodic imprisonment under Article | 26 | | 7 for a
period not to exceed that specified in paragraph |
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| 1 | | (d) of Section 5-7-1;
| 2 | | (2) pay a fine and costs;
| 3 | | (3) work or pursue a course of study or vocational | 4 | | training;
| 5 | | (4) undergo medical, psychological or psychiatric | 6 | | treatment; or treatment
for drug addiction or alcoholism;
| 7 | | (5) attend or reside in a facility established for the | 8 | | instruction
or residence of defendants on probation;
| 9 | | (6) support his dependents;
| 10 | | (7) and in addition, if a minor:
| 11 | | (i) reside with his parents or in a foster home;
| 12 | | (ii) attend school;
| 13 | | (iii) attend a non-residential program for youth;
| 14 | | (iv) contribute to his own support at home or in a | 15 | | foster home;
| 16 | | (v) with the consent of the superintendent of the
| 17 | | facility, attend an educational program at a facility | 18 | | other than the school
in which the
offense was | 19 | | committed if he
or she is convicted of a crime of | 20 | | violence as
defined in
Section 2 of the Crime Victims | 21 | | Compensation Act committed in a school, on the
real
| 22 | | property
comprising a school, or within 1,000 feet of | 23 | | the real property comprising a
school;
| 24 | | (8) make restitution as provided in Section 5-5-6 of | 25 | | this Code;
| 26 | | (9) perform some reasonable public or community |
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| 1 | | service;
| 2 | | (10) serve a term of home confinement. In addition to | 3 | | any other
applicable condition of probation or conditional | 4 | | discharge, the
conditions of home confinement shall be that | 5 | | the offender:
| 6 | | (i) remain within the interior premises of the | 7 | | place designated for
his confinement during the hours | 8 | | designated by the court;
| 9 | | (ii) admit any person or agent designated by the | 10 | | court into the
offender's place of confinement at any | 11 | | time for purposes of verifying
the offender's | 12 | | compliance with the conditions of his confinement; and
| 13 | | (iii) if further deemed necessary by the court or | 14 | | the
Probation or
Court Services Department, be placed | 15 | | on an approved
electronic monitoring device, subject | 16 | | to Article 8A of Chapter V;
| 17 | | (iv) for persons convicted of any alcohol, | 18 | | cannabis or controlled
substance violation who are | 19 | | placed on an approved monitoring device as a
condition | 20 | | of probation or conditional discharge, the court shall | 21 | | impose a
reasonable fee for each day of the use of the | 22 | | device, as established by the
county board in | 23 | | subsection (g) of this Section, unless after | 24 | | determining the
inability of the offender to pay the | 25 | | fee, the court assesses a lesser fee or no
fee as the | 26 | | case may be. This fee shall be imposed in addition to |
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| 1 | | the fees
imposed under subsections (g) and (i) of this | 2 | | Section. The fee shall be
collected by the clerk of the | 3 | | circuit court, except as provided in an administrative | 4 | | order of the Chief Judge of the circuit court. The | 5 | | clerk of the circuit
court shall pay all monies | 6 | | collected from this fee to the county treasurer
for | 7 | | deposit in the substance abuse services fund under | 8 | | Section 5-1086.1 of
the Counties Code, except as | 9 | | provided in an administrative order of the Chief Judge | 10 | | of the circuit court. | 11 | | The Chief Judge of the circuit court of the county | 12 | | may by administrative order establish a program for | 13 | | electronic monitoring of offenders, in which a vendor | 14 | | supplies and monitors the operation of the electronic | 15 | | monitoring device, and collects the fees on behalf of | 16 | | the county. The program shall include provisions for | 17 | | indigent offenders and the collection of unpaid fees. | 18 | | The program shall not unduly burden the offender and | 19 | | shall be subject to review by the Chief Judge. | 20 | | The Chief Judge of the circuit court may suspend | 21 | | any additional charges or fees for late payment, | 22 | | interest, or damage to any device; and
| 23 | | (v) for persons convicted of offenses other than | 24 | | those referenced in
clause (iv) above and who are | 25 | | placed on an approved monitoring device as a
condition | 26 | | of probation or conditional discharge, the court shall |
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| 1 | | impose
a reasonable fee for each day of the use of the | 2 | | device, as established by the
county board in | 3 | | subsection (g) of this Section, unless after | 4 | | determining the
inability of the defendant to pay the | 5 | | fee, the court assesses a lesser fee or
no fee as the | 6 | | case may be. This fee shall be imposed in addition to | 7 | | the fees
imposed under subsections (g) and (i) of this | 8 | | Section. The fee
shall be collected by the clerk of the | 9 | | circuit court, except as provided in an administrative | 10 | | order of the Chief Judge of the circuit court. The | 11 | | clerk of the circuit
court shall pay all monies | 12 | | collected from this fee
to the county treasurer who | 13 | | shall use the monies collected to defray the
costs of | 14 | | corrections. The county treasurer shall deposit the | 15 | | fee
collected in the probation and court services fund.
| 16 | | The Chief Judge of the circuit court of the county may | 17 | | by administrative order establish a program for | 18 | | electronic monitoring of offenders, in which a vendor | 19 | | supplies and monitors the operation of the electronic | 20 | | monitoring device, and collects the fees on behalf of | 21 | | the county. The program shall include provisions for | 22 | | indigent offenders and the collection of unpaid fees. | 23 | | The program shall not unduly burden the offender and | 24 | | shall be subject to review by the Chief Judge.
| 25 | | The Chief Judge of the circuit court may suspend | 26 | | any additional charges or fees for late payment, |
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| 1 | | interest, or damage to any device. | 2 | | (11) comply with the terms and conditions of an order | 3 | | of protection issued
by the court pursuant to the Illinois | 4 | | Domestic Violence Act of 1986,
as now or hereafter amended, | 5 | | or an order of protection issued by the court of
another | 6 | | state, tribe, or United States territory. A copy of the | 7 | | order of
protection shall be
transmitted to the probation | 8 | | officer or agency
having responsibility for the case;
| 9 | | (12) reimburse any "local anti-crime program" as | 10 | | defined in Section 7
of the Anti-Crime Advisory Council Act | 11 | | for any reasonable expenses incurred
by the program on the | 12 | | offender's case, not to exceed the maximum amount of
the | 13 | | fine authorized for the offense for which the defendant was | 14 | | sentenced;
| 15 | | (13) contribute a reasonable sum of money, not to | 16 | | exceed the maximum
amount of the fine authorized for the
| 17 | | offense for which the defendant was sentenced, (i) to a | 18 | | "local anti-crime
program", as defined in Section 7 of the | 19 | | Anti-Crime Advisory Council Act, or (ii) for offenses under | 20 | | the jurisdiction of the Department of Natural Resources, to | 21 | | the fund established by the Department of Natural Resources | 22 | | for the purchase of evidence for investigation purposes and | 23 | | to conduct investigations as outlined in Section 805-105 of | 24 | | the Department of Natural Resources (Conservation) Law;
| 25 | | (14) refrain from entering into a designated | 26 | | geographic area except upon
such terms as the court finds |
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| 1 | | appropriate. Such terms may include
consideration of the | 2 | | purpose of the entry, the time of day, other persons
| 3 | | accompanying the defendant, and advance approval by a
| 4 | | probation officer, if
the defendant has been placed on | 5 | | probation or advance approval by the
court, if the | 6 | | defendant was placed on conditional discharge;
| 7 | | (15) refrain from having any contact, directly or | 8 | | indirectly, with
certain specified persons or particular | 9 | | types of persons, including but not
limited to members of | 10 | | street gangs and drug users or dealers;
| 11 | | (16) refrain from having in his or her body the | 12 | | presence of any illicit
drug prohibited by the Cannabis | 13 | | Control Act, the Illinois Controlled
Substances Act, or the | 14 | | Methamphetamine Control and Community Protection Act, | 15 | | unless prescribed by a physician, and submit samples of
his | 16 | | or her blood or urine or both for tests to determine the | 17 | | presence of any
illicit drug;
| 18 | | (17) if convicted for an offense committed on or after | 19 | | June 1, 2008 (the effective date of Public Act 95-464) that | 20 | | would qualify the accused as a child sex offender as | 21 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 22 | | 1961 or the Criminal Code of 2012, refrain from | 23 | | communicating with or contacting, by means of the Internet, | 24 | | a person who is related to the accused and whom the accused | 25 | | reasonably believes to be under 18 years of age; for | 26 | | purposes of this paragraph (17), "Internet" has the meaning |
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| 1 | | ascribed to it in Section 16-0.1 of the Criminal Code of | 2 | | 2012; and a person is related to the accused if the person | 3 | | is: (i) the spouse, brother, or sister of the accused; (ii) | 4 | | a descendant of the accused; (iii) a first or second cousin | 5 | | of the accused; or (iv) a step-child or adopted child of | 6 | | the accused; | 7 | | (18) if convicted for an offense committed on or after | 8 | | June 1, 2009 (the effective date of Public Act 95-983) that | 9 | | would qualify as a sex offense as defined in the Sex | 10 | | Offender Registration Act: | 11 | | (i) not access or use a computer or any other | 12 | | device with Internet capability without the prior | 13 | | written approval of the offender's probation officer, | 14 | | except in connection with the offender's employment or | 15 | | search for employment with the prior approval of the | 16 | | offender's probation officer; | 17 | | (ii) submit to periodic unannounced examinations | 18 | | of the offender's computer or any other device with | 19 | | Internet capability by the offender's probation | 20 | | officer, a law enforcement officer, or assigned | 21 | | computer or information technology specialist, | 22 | | including the retrieval and copying of all data from | 23 | | the computer or device and any internal or external | 24 | | peripherals and removal of such information, | 25 | | equipment, or device to conduct a more thorough | 26 | | inspection; |
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| 1 | | (iii) submit to the installation on the offender's | 2 | | computer or device with Internet capability, at the | 3 | | subject's expense, of one or more hardware or software | 4 | | systems to monitor the Internet use; and | 5 | | (iv) submit to any other appropriate restrictions | 6 | | concerning the offender's use of or access to a | 7 | | computer or any other device with Internet capability | 8 | | imposed by the offender's probation officer; and | 9 | | (19) refrain from possessing a firearm or other | 10 | | dangerous weapon where the offense is a misdemeanor that | 11 | | did not involve the intentional or knowing infliction of | 12 | | bodily harm or threat of bodily harm. | 13 | | (c) The court may as a condition of probation or of | 14 | | conditional
discharge require that a person under 18 years of | 15 | | age found guilty of any
alcohol, cannabis or controlled | 16 | | substance violation, refrain from acquiring
a driver's license | 17 | | during
the period of probation or conditional discharge. If | 18 | | such person
is in possession of a permit or license, the court | 19 | | may require that
the minor refrain from driving or operating | 20 | | any motor vehicle during the
period of probation or conditional | 21 | | discharge, except as may be necessary in
the course of the | 22 | | minor's lawful employment.
| 23 | | (d) An offender sentenced to probation or to conditional | 24 | | discharge
shall be given a certificate setting forth the | 25 | | conditions thereof.
| 26 | | (e) Except where the offender has committed a fourth or |
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| 1 | | subsequent
violation of subsection (c) of Section 6-303 of the | 2 | | Illinois Vehicle Code,
the court shall not require as a | 3 | | condition of the sentence of
probation or conditional discharge | 4 | | that the offender be committed to a
period of imprisonment in | 5 | | excess of 6 months.
This 6 month limit shall not include | 6 | | periods of confinement given pursuant to
a sentence of county | 7 | | impact incarceration under Section 5-8-1.2.
| 8 | | Persons committed to imprisonment as a condition of | 9 | | probation or
conditional discharge shall not be committed to | 10 | | the Department of
Corrections.
| 11 | | (f) The court may combine a sentence of periodic | 12 | | imprisonment under
Article 7 or a sentence to a county impact | 13 | | incarceration program under
Article 8 with a sentence of | 14 | | probation or conditional discharge.
| 15 | | (g) An offender sentenced to probation or to conditional | 16 | | discharge and
who during the term of either undergoes mandatory | 17 | | drug or alcohol testing,
or both, or is assigned to be placed | 18 | | on an approved electronic monitoring
device, shall be ordered | 19 | | to pay all costs incidental to such mandatory drug
or alcohol | 20 | | testing, or both, and all costs
incidental to such approved | 21 | | electronic monitoring in accordance with the
defendant's | 22 | | ability to pay those costs. The county board with
the | 23 | | concurrence of the Chief Judge of the judicial
circuit in which | 24 | | the county is located shall establish reasonable fees for
the | 25 | | cost of maintenance, testing, and incidental expenses related | 26 | | to the
mandatory drug or alcohol testing, or both, and all |
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| 1 | | costs incidental to
approved electronic monitoring, involved | 2 | | in a successful probation program
for the county. The | 3 | | concurrence of the Chief Judge shall be in the form of
an | 4 | | administrative order.
The fees shall be collected by the clerk | 5 | | of the circuit court, except as provided in an administrative | 6 | | order of the Chief Judge of the circuit court. The clerk of
the | 7 | | circuit court shall pay all moneys collected from these fees to | 8 | | the county
treasurer who shall use the moneys collected to | 9 | | defray the costs of
drug testing, alcohol testing, and | 10 | | electronic monitoring.
The county treasurer shall deposit the | 11 | | fees collected in the
county working cash fund under Section | 12 | | 6-27001 or Section 6-29002 of the
Counties Code, as the case | 13 | | may be.
The Chief Judge of the circuit court of the county may | 14 | | by administrative order establish a program for electronic | 15 | | monitoring of offenders, in which a vendor supplies and | 16 | | monitors the operation of the electronic monitoring device, and | 17 | | collects the fees on behalf of the county. The program shall | 18 | | include provisions for indigent offenders and the collection of | 19 | | unpaid fees. The program shall not unduly burden the offender | 20 | | and shall be subject to review by the Chief Judge.
| 21 | | The Chief Judge of the circuit court may suspend any | 22 | | additional charges or fees for late payment, interest, or | 23 | | damage to any device. | 24 | | (h) Jurisdiction over an offender may be transferred from | 25 | | the
sentencing court to the court of another circuit with the | 26 | | concurrence of
both courts. Further transfers or retransfers of
|
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| 1 | | jurisdiction are also
authorized in the same manner. The court | 2 | | to which jurisdiction has been
transferred shall have the same | 3 | | powers as the sentencing court.
The probation department within | 4 | | the circuit to which jurisdiction has been transferred, or | 5 | | which has agreed to provide supervision, may impose probation | 6 | | fees upon receiving the transferred offender, as provided in | 7 | | subsection (i). For all transfer cases, as defined in Section | 8 | | 9b of the Probation and Probation Officers Act, the probation | 9 | | department from the original sentencing court shall retain all | 10 | | probation fees collected prior to the transfer. After the | 11 | | transfer
all probation fees shall be paid to the probation | 12 | | department within the
circuit to which jurisdiction has been | 13 | | transferred.
| 14 | | (i) The court shall impose upon an offender
sentenced to | 15 | | probation after January 1, 1989 or to conditional discharge
| 16 | | after January 1, 1992 or to community service under the | 17 | | supervision of a
probation or court services department after | 18 | | January 1, 2004, as a condition of such probation or | 19 | | conditional
discharge or supervised community service, a fee of | 20 | | $50
for each month of probation or
conditional
discharge | 21 | | supervision or supervised community service ordered by the | 22 | | court, unless after
determining the inability of the person | 23 | | sentenced to probation or conditional
discharge or supervised | 24 | | community service to pay the
fee, the court assesses a lesser | 25 | | fee. The court may not impose the fee on a
minor who is made a | 26 | | ward of the State under the Juvenile Court Act of 1987
while |
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| 1 | | the minor is in placement.
The fee shall be imposed only upon
| 2 | | an offender who is actively supervised by the
probation and | 3 | | court services
department. The fee shall be collected by the | 4 | | clerk
of the circuit court. The clerk of the circuit court | 5 | | shall pay all monies
collected from this fee to the county | 6 | | treasurer for deposit in the
probation and court services fund | 7 | | under Section 15.1 of the
Probation and Probation Officers Act.
| 8 | | A circuit court may not impose a probation fee under this | 9 | | subsection (i) in excess of $25
per month unless the circuit | 10 | | court has adopted, by administrative
order issued by the chief | 11 | | judge, a standard probation fee guide
determining an offender's | 12 | | ability to pay Of the
amount collected as a probation fee, up | 13 | | to $5 of that fee
collected per month may be used to provide | 14 | | services to crime victims
and their families. | 15 | | The Court may only waive probation fees based on an | 16 | | offender's ability to pay. The probation department may | 17 | | re-evaluate an offender's ability to pay every 6 months, and, | 18 | | with the approval of the Director of Court Services or the | 19 | | Chief Probation Officer, adjust the monthly fee amount. An | 20 | | offender may elect to pay probation fees due in a lump sum.
Any | 21 | | offender that has been assigned to the supervision of a | 22 | | probation department, or has been transferred either under | 23 | | subsection (h) of this Section or under any interstate compact, | 24 | | shall be required to pay probation fees to the department | 25 | | supervising the offender, based on the offender's ability to | 26 | | pay.
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| 1 | | This amendatory Act of the 93rd General Assembly deletes | 2 | | the $10 increase in the fee under this subsection that was | 3 | | imposed by Public Act 93-616. This deletion is intended to | 4 | | control over any other Act of the 93rd General Assembly that | 5 | | retains or incorporates that fee increase. | 6 | | (i-5) In addition to the fees imposed under subsection (i) | 7 | | of this Section, in the case of an offender convicted of a | 8 | | felony sex offense (as defined in the Sex Offender Management | 9 | | Board Act) or an offense that the court or probation department | 10 | | has determined to be sexually motivated (as defined in the Sex | 11 | | Offender Management Board Act), the court or the probation | 12 | | department shall assess additional fees to pay for all costs of | 13 | | treatment, assessment, evaluation for risk and treatment, and | 14 | | monitoring the offender, based on that offender's ability to | 15 | | pay those costs either as they occur or under a payment plan. | 16 | | (j) All fines and costs imposed under this Section for any | 17 | | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 18 | | Code, or a similar
provision of a local ordinance, and any | 19 | | violation of the Child Passenger
Protection Act, or a similar | 20 | | provision of a local ordinance, shall be
collected and | 21 | | disbursed by the circuit clerk as provided under Section 27.5
| 22 | | of the Clerks of Courts Act.
| 23 | | (k) Any offender who is sentenced to probation or | 24 | | conditional discharge for a felony sex offense as defined in | 25 | | the Sex Offender Management Board Act or any offense that the | 26 | | court or probation department has determined to be sexually |
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| 1 | | motivated as defined in the Sex Offender Management Board Act | 2 | | shall be required to refrain from any contact, directly or | 3 | | indirectly, with any persons specified by the court and shall | 4 | | be available for all evaluations and treatment programs | 5 | | required by the court or the probation department.
| 6 | | (l) The court may order an offender who is sentenced to | 7 | | probation or conditional
discharge for a violation of an order | 8 | | of protection be placed under electronic surveillance as | 9 | | provided in Section 5-8A-7 of this Code. | 10 | | (Source: P.A. 98-575, eff. 1-1-14; 98-718, eff. 1-1-15; 99-143, | 11 | | eff. 7-27-15; 99-797, eff. 8-12-16.)
| 12 | | (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
| 13 | | Sec. 5-8-4. Concurrent and consecutive terms of | 14 | | imprisonment.
| 15 | | (a) Concurrent terms; multiple or additional sentences. | 16 | | When an Illinois court (i) imposes multiple sentences of | 17 | | imprisonment on a defendant at the same time or (ii) imposes a | 18 | | sentence of imprisonment on a defendant who is already subject | 19 | | to a sentence of imprisonment imposed by an Illinois court, a | 20 | | court of another state, or a federal court, then the sentences | 21 | | shall run concurrently unless otherwise determined by the | 22 | | Illinois court under this Section. | 23 | | (b) Concurrent terms; misdemeanor and felony. A defendant | 24 | | serving a sentence for a
misdemeanor who is convicted of a | 25 | | felony and sentenced to imprisonment shall be transferred to |
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| 1 | | the Department of Corrections, and the misdemeanor sentence | 2 | | shall be merged in and run concurrently with the felony | 3 | | sentence. | 4 | | (c) Consecutive terms; permissive. The court may impose | 5 | | consecutive sentences in any of the following circumstances: | 6 | | (1) If, having regard to the nature and circumstances | 7 | | of the offense and the history
and character of the | 8 | | defendant, it is the opinion of the court that consecutive | 9 | | sentences are
required to protect the public from further | 10 | | criminal conduct by the defendant, the basis for which the | 11 | | court shall set forth in the record. | 12 | | (2) If one of the offenses for which a defendant was | 13 | | convicted was a violation of
Section 32-5.2 (aggravated | 14 | | false personation of a peace officer) of the Criminal Code | 15 | | of 1961
(720 ILCS 5/32-5.2) or a violation of subdivision | 16 | | (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of | 17 | | 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the | 18 | | offense was committed in attempting or committing a | 19 | | forcible felony.
| 20 | | (d) Consecutive terms; mandatory. The court shall impose | 21 | | consecutive sentences in each of the following circumstances: | 22 | | (1) One of the offenses for which the defendant was | 23 | | convicted was first degree
murder or a Class X or Class 1 | 24 | | felony and the defendant inflicted severe bodily injury. | 25 | | (2) The defendant was convicted of a violation of | 26 | | Section 11-1.20 or 12-13 (criminal sexual
assault), |
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| 1 | | 11-1.30 or 12-14 (aggravated criminal sexual assault), or | 2 | | 11-1.40 or 12-14.1 (predatory criminal sexual assault of a | 3 | | child) of the Criminal Code of 1961 or the Criminal Code of | 4 | | 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3, | 5 | | 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or | 6 | | 5/12-14.1). | 7 | | (2.5) The defendant was convicted of a violation of | 8 | | paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) | 9 | | of Section 11-20.1 (child pornography) or of paragraph (1), | 10 | | (2), (3), (4), (5), or (7) of subsection (a) of Section | 11 | | 11-20.1B or 11-20.3 (aggravated child pornography) of the | 12 | | Criminal Code of 1961 or the Criminal Code of 2012; or the | 13 | | defendant was convicted of a violation of paragraph (6) of | 14 | | subsection (a) of Section 11-20.1 (child pornography) or of | 15 | | paragraph (6) of subsection (a) of Section 11-20.1B or | 16 | | 11-20.3 (aggravated child pornography) of the Criminal | 17 | | Code of 1961 or the Criminal Code of 2012, when the child | 18 | | depicted is under the age of 13. | 19 | | (3) The defendant was convicted of armed violence based | 20 | | upon the predicate
offense of any of the following: | 21 | | solicitation of murder, solicitation of murder for hire, | 22 | | heinous battery as described in Section 12-4.1 or | 23 | | subdivision (a)(2) of Section 12-3.05, aggravated battery | 24 | | of a senior citizen as described in Section 12-4.6 or | 25 | | subdivision (a)(4) of Section 12-3.05, criminal sexual | 26 | | assault, a violation of subsection (g) of Section 5 of the |
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| 1 | | Cannabis Control Act (720 ILCS 550/5), cannabis | 2 | | trafficking, a violation of subsection (a) of Section 401 | 3 | | of the Illinois Controlled Substances Act (720 ILCS | 4 | | 570/401), controlled substance trafficking involving a | 5 | | Class X felony amount of controlled substance under Section | 6 | | 401 of the Illinois Controlled Substances Act (720 ILCS | 7 | | 570/401), a violation of the Methamphetamine Control and | 8 | | Community Protection Act (720 ILCS 646/), calculated | 9 | | criminal drug conspiracy, or streetgang criminal drug | 10 | | conspiracy. | 11 | | (4) The defendant was convicted of the offense of | 12 | | leaving the scene of a motor
vehicle accident involving | 13 | | death or personal injuries under Section 11-401 of the | 14 | | Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A) | 15 | | aggravated driving under the influence of alcohol, other | 16 | | drug or drugs, or intoxicating compound or compounds, or | 17 | | any combination thereof under Section 11-501 of the | 18 | | Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless | 19 | | homicide under Section 9-3 of the Criminal Code of 1961 or | 20 | | the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an | 21 | | offense described in item (A) and an offense described in | 22 | | item (B). | 23 | | (5) The defendant was convicted of a violation of | 24 | | Section 9-3.1 or Section 9-3.4 (concealment of homicidal | 25 | | death) or Section 12-20.5 (dismembering a human body) of | 26 | | the Criminal Code of 1961 or the Criminal Code of 2012 (720 |
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| 1 | | ILCS 5/9-3.1 or 5/12-20.5). | 2 | | (5.5) The defendant was convicted of a violation of | 3 | | Section 24-3.7 (use of a stolen firearm in the commission | 4 | | of an offense) of the Criminal Code of 1961 or the Criminal | 5 | | Code of 2012. | 6 | | (5.6) The defendant was convicted of a violation of
| 7 | | Section 12-7.1 (hate crime) of the Criminal Code of 2012. | 8 | | (6) If the defendant was in the custody of the | 9 | | Department of Corrections at the
time of the commission of | 10 | | the offense, the sentence shall be served consecutive to | 11 | | the sentence under which the defendant is held by the | 12 | | Department of Corrections. If, however, the defendant is | 13 | | sentenced to punishment by death, the sentence shall be | 14 | | executed at such time as the court may fix without regard | 15 | | to the sentence under which the defendant may be held by | 16 | | the Department. | 17 | | (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4) | 18 | | for escape or attempted escape shall be served
consecutive | 19 | | to the terms under which the offender is held by the | 20 | | Department of Corrections. | 21 | | (8) If a person charged with a felony commits a | 22 | | separate felony while on pretrial
release or in pretrial | 23 | | detention in a county jail facility or county detention | 24 | | facility, then the sentences imposed upon conviction of | 25 | | these felonies shall be served consecutively regardless of | 26 | | the order in which the judgments of conviction are entered. |
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| 1 | | (8.5) If a person commits a battery against a county | 2 | | correctional officer or sheriff's employee while serving a | 3 | | sentence or in pretrial detention in a county jail | 4 | | facility, then the sentence imposed upon conviction of the | 5 | | battery shall be served consecutively with the sentence | 6 | | imposed upon conviction of the earlier misdemeanor or | 7 | | felony, regardless of the order in which the
judgments of | 8 | | conviction are entered. | 9 | | (9) If a person admitted to bail following conviction | 10 | | of a felony commits a
separate felony while free on bond or | 11 | | if a person detained in a county jail facility or county | 12 | | detention facility following conviction of a felony | 13 | | commits a separate felony while in detention, then any | 14 | | sentence following conviction of the separate felony shall | 15 | | be consecutive to that of the original sentence for which | 16 | | the defendant was on bond or detained.
| 17 | | (10) If a person is found to be in possession of an | 18 | | item of contraband, as defined in Section 31A-0.1 of the | 19 | | Criminal Code of 2012, while serving a sentence in a county | 20 | | jail or while in pre-trial detention in a county jail, the | 21 | | sentence imposed upon conviction for the offense of | 22 | | possessing contraband in a penal institution shall be | 23 | | served consecutively to the sentence imposed for the | 24 | | offense in which the person is serving sentence in the | 25 | | county jail or serving pretrial detention, regardless of | 26 | | the order in which the judgments of conviction are entered. |
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| 1 | | (11) If a person is sentenced for a violation of bail | 2 | | bond under Section 32-10 of the Criminal Code of 1961 or | 3 | | the Criminal Code of 2012, any sentence imposed for that | 4 | | violation shall be served
consecutive to the sentence | 5 | | imposed for the charge for which bail had been
granted and | 6 | | with respect to which the defendant has been convicted. | 7 | | (e) Consecutive terms; subsequent non-Illinois term. If an | 8 | | Illinois court has imposed a
sentence of imprisonment on a | 9 | | defendant and the defendant is subsequently sentenced to a term | 10 | | of imprisonment by a court of another state or a federal court, | 11 | | then the Illinois sentence shall run consecutively to the | 12 | | sentence imposed by the court of the other state or the federal | 13 | | court. That same Illinois court, however, may order that the | 14 | | Illinois sentence run concurrently with the sentence imposed by | 15 | | the court of the other state or the federal court, but only if | 16 | | the defendant applies to that same Illinois court within 30 | 17 | | days after the sentence imposed by the court of the other state | 18 | | or the federal court is finalized. | 19 | | (f) Consecutive terms; aggregate maximums and minimums. | 20 | | The aggregate maximum
and aggregate minimum of consecutive | 21 | | sentences shall be determined as follows: | 22 | | (1) For sentences imposed under law in effect prior to | 23 | | February 1, 1978, the
aggregate maximum of consecutive | 24 | | sentences shall not exceed the maximum term authorized | 25 | | under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of | 26 | | Chapter V for the 2 most serious felonies involved. The |
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| 1 | | aggregate minimum period of consecutive sentences shall | 2 | | not exceed the highest minimum term authorized under | 3 | | Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter | 4 | | V for the 2 most serious felonies involved. When sentenced | 5 | | only for misdemeanors, a defendant shall not be | 6 | | consecutively sentenced to more than the maximum for one | 7 | | Class A misdemeanor. | 8 | | (2) For sentences imposed under the law in effect on or | 9 | | after February 1, 1978,
the aggregate of consecutive | 10 | | sentences for offenses that were committed as part of a | 11 | | single
course of conduct during which there was no | 12 | | substantial change in the nature of the criminal objective | 13 | | shall not exceed the sum of the maximum terms authorized | 14 | | under Article 4.5 of Chapter V for the 2 most serious | 15 | | felonies involved, but no such limitation shall apply for | 16 | | offenses that were not committed as part of a single course | 17 | | of conduct during which there was no substantial change in | 18 | | the nature of the criminal objective. When sentenced only | 19 | | for misdemeanors, a defendant shall not be consecutively | 20 | | sentenced to more than the maximum for one Class A | 21 | | misdemeanor.
| 22 | | (g) Consecutive terms; manner served. In determining the | 23 | | manner in which consecutive sentences of imprisonment, one or | 24 | | more of which is for a felony, will be served, the Department | 25 | | of Corrections shall treat the defendant as though he or she | 26 | | had been committed for a single term subject to each of the |
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| 1 | | following: | 2 | | (1) The maximum period of a term of imprisonment shall | 3 | | consist of the aggregate
of the maximums of the imposed | 4 | | indeterminate terms, if any, plus the aggregate of the | 5 | | imposed determinate sentences for felonies, plus the | 6 | | aggregate of the imposed determinate sentences for | 7 | | misdemeanors, subject to subsection (f) of this Section. | 8 | | (2) The parole or mandatory supervised release term | 9 | | shall be as provided in
paragraph (e) of Section 5-4.5-50 | 10 | | (730 ILCS 5/5-4.5-50) for the most serious of the offenses | 11 | | involved. | 12 | | (3) The minimum period of imprisonment shall be the | 13 | | aggregate of the minimum
and determinate periods of | 14 | | imprisonment imposed by the court, subject to subsection | 15 | | (f) of this Section. | 16 | | (4) The defendant shall be awarded credit against the | 17 | | aggregate maximum term
and the aggregate minimum term of | 18 | | imprisonment for all time served in an institution since | 19 | | the commission of the offense or offenses and as a | 20 | | consequence thereof at the rate specified in
Section 3-6-3 | 21 | | (730 ILCS 5/3-6-3).
| 22 | | (Source: P.A. 97-475, eff. 8-22-11; 97-1108, eff. 1-1-13; | 23 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-437, eff. | 24 | | 1-1-14.)
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