Public Act 93-0475

SB1457 Enrolled                      LRB093 08502 RLC 08726 b

    AN ACT in relation to criminal law.

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

    Section  5. The Unified Code of Corrections is amended by
changing Sections 5-6-3 and 5-6-3.1 and  by  adding  Sections
5-5-10 and 5-9-1.12 as follows:

    (730 ILCS 5/5-5-10 new)
    Sec.  5-5-10.  Community service fee. When an offender or
defendant is  ordered  by  the  court  to  perform  community
service  and the offender is not otherwise assessed a fee for
probation services, the court shall impose a fee of  $50  for
each  month  the  community  service  ordered by the court is
supervised by a  probation  and  court  services  department,
unless   after   determining  the  inability  of  the  person
sentenced to community service to  pay  the  fee,  the  court
assesses  a  lesser  fee. The court may not impose a fee on a
minor who is made a ward of  the  State  under  the  Juvenile
Court  Act  of  1987 while the minor is in placement. The fee
shall  be  imposed  only  on  an  offender  who  is  actively
supervised by the probation and  court  services  department.
The fee shall be collected by the clerk of the circuit court.
The clerk of the circuit court shall pay all monies collected
from  this  fee  to  the  county treasurer for deposit in the
probation and court services fund under Section 15.1  of  the
Probation and Probation Officers Act.
    A  circuit court may not impose a probation fee in excess
of $25 per month unless: (1) the circuit court  has  adopted,
by administrative order issued by the chief judge, a standard
probation fee guide determining an offender's ability to pay,
under  guidelines  developed  by the Administrative Office of
the  Illinois  Courts;  and  (2)  the   circuit   court   has
authorized,  by  administrative  order  issued  by  the chief
judge, the creation of a Crime Victim's Services Fund, to  be
administered  by  the Chief Judge or his or her designee, for
services to crime victims and their families. Of  the  amount
collected  as  a  probation fee, not to exceed $5 of that fee
collected per month may be used to provide services to  crime
victims and their families.

    (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
    Sec.  5-6-3.  Conditions  of Probation and of Conditional
Discharge.
    (a)  The  conditions  of  probation  and  of  conditional
discharge shall be that the person:
         (1)  not  violate  any  criminal  statute   of   any
    jurisdiction;
         (2)  report  to  or  appear  in  person  before such
    person or agency as directed by the court;
         (3)  refrain from  possessing  a  firearm  or  other
    dangerous weapon;
         (4)  not  leave the State without the consent of the
    court or, in circumstances in which the  reason  for  the
    absence is of such an emergency nature that prior consent
    by   the   court  is  not  possible,  without  the  prior
    notification  and  approval  of  the  person's  probation
    officer.  Transfer of a person's probation or conditional
    discharge supervision to  another  state  is  subject  to
    acceptance  by the other state pursuant to the Interstate
    Compact for Adult Offender Supervision;
         (5)  permit the probation officer to  visit  him  at
    his   home  or  elsewhere  to  the  extent  necessary  to
    discharge his duties;
         (6)  perform no less  than  30  hours  of  community
    service and not more than 120 hours of community service,
    if community service is available in the jurisdiction and
    is  funded  and  approved  by  the county board where the
    offense was committed, where the offense was  related  to
    or  in  furtherance  of  the  criminal  activities  of an
    organized  gang  and  was  motivated  by  the  offender's
    membership in or allegiance to an  organized  gang.   The
    community  service  shall include, but not be limited to,
    the  cleanup  and  repair  of  any  damage  caused  by  a
    violation of Section 21-1.3 of the Criminal Code of  1961
    and   similar  damage  to  property  located  within  the
    municipality or county in which the  violation  occurred.
    When  possible  and  reasonable,  the  community  service
    should  be performed in the offender's neighborhood.  For
    purposes  of  this  Section,  "organized  gang"  has  the
    meaning ascribed to it in  Section  10  of  the  Illinois
    Streetgang Terrorism Omnibus Prevention Act;
         (7)  if  he  or  she is at least 17 years of age and
    has been sentenced to probation or conditional  discharge
    for  a  misdemeanor or felony in a county of 3,000,000 or
    more inhabitants and has not been previously convicted of
    a  misdemeanor  or  felony,  may  be  required   by   the
    sentencing  court  to attend educational courses designed
    to prepare the defendant for a high school diploma and to
    work toward a high  school  diploma  or  to  work  toward
    passing the high school level Test of General Educational
    Development   (GED)  or   to  work  toward  completing  a
    vocational training program approved by the  court.   The
    person  on probation or conditional discharge must attend
    a  public  institution  of  education   to   obtain   the
    educational  or  vocational  training  required  by  this
    clause  (7).   The  court  shall  revoke the probation or
    conditional discharge of a person who wilfully  fails  to
    comply  with this clause (7).  The person on probation or
    conditional discharge shall be required to  pay  for  the
    cost  of the educational courses or GED test, if a fee is
    charged for those  courses  or  test.   The  court  shall
    resentence  the  offender  whose probation or conditional
    discharge has been revoked as provided in Section  5-6-4.
    This  clause  (7)  does  not  apply to a person who has a
    high school diploma or has successfully  passed  the  GED
    test.  This clause (7)  does not apply to a person who is
    determined by the court to be developmentally disabled or
    otherwise   mentally   incapable   of   completing    the
    educational or vocational program;
         (8)  if  convicted  of  possession  of  a  substance
    prohibited  by  the  Cannabis  Control  Act  or  Illinois
    Controlled  Substances Act after a previous conviction or
    disposition of supervision for possession of a  substance
    prohibited  by  the  Cannabis  Control  Act  or  Illinois
    Controlled   Substances   Act  or  after  a  sentence  of
    probation under Section 10 of the Cannabis Control Act or
    Section 410 of the Illinois Controlled Substances Act and
    upon a finding by the court that the person is  addicted,
    undergo  treatment  at a substance abuse program approved
    by the court; and
         (9)  if convicted of a felony, physically  surrender
    at  a  time and place designated by the court, his or her
    Firearm Owner's  Identification  Card  and  any  and  all
    firearms in his or her possession.
    (b)  The  Court  may  in  addition  to  other  reasonable
conditions  relating  to  the  nature  of  the offense or the
rehabilitation  of  the  defendant  as  determined  for  each
defendant in the proper discretion of the Court require  that
the person:
         (1)  serve  a  term  of  periodic imprisonment under
    Article 7 for a period not to exceed  that  specified  in
    paragraph (d)  of Section 5-7-1;
         (2)  pay a fine and costs;
         (3)  work  or pursue a course of study or vocational
    training;
         (4)  undergo medical, psychological  or  psychiatric
    treatment; or treatment for drug addiction or alcoholism;
         (5)  attend  or reside in a facility established for
    the instruction or residence of defendants on probation;
         (6)  support his dependents;
         (7)  and in addition, if a minor:
              (i)  reside with his parents  or  in  a  foster
         home;
              (ii)  attend school;
              (iii)  attend  a  non-residential  program  for
         youth;
              (iv)  contribute  to his own support at home or
         in a foster home;
              (v)  with the consent of the superintendent  of
         the  facility,  attend  an  educational program at a
         facility other than the school in which the  offense
         was  committed  if he or she is convicted of a crime
         of violence as defined in Section  2  of  the  Crime
         Victims  Compensation  Act committed in a school, on
         the real property comprising  a  school,  or  within
         1,000 feet of the real property comprising a school;
         (8)  make  restitution  as provided in Section 5-5-6
    of this Code;
         (9)  perform some  reasonable  public  or  community
    service;
         (10)  serve a term of home confinement.  In addition
    to   any  other  applicable  condition  of  probation  or
    conditional discharge, the conditions of home confinement
    shall be that the offender:
              (i)  remain within the interior premises of the
         place designated  for  his  confinement  during  the
         hours designated by the court;
              (ii)  admit  any  person or agent designated by
         the court into the offender's place  of  confinement
         at any time for purposes of verifying the offender's
         compliance  with  the conditions of his confinement;
         and
              (iii)  if further deemed necessary by the court
         or the Probation or Court  Services  Department,  be
         placed  on an approved electronic monitoring device,
         subject to Article 8A of Chapter V;
              (iv)  for persons  convicted  of  any  alcohol,
         cannabis  or  controlled substance violation who are
         placed  on  an  approved  monitoring  device  as   a
         condition of probation or conditional discharge, the
         court  shall impose a reasonable fee for each day of
         the use of the device, as established by the  county
         board  in  subsection  (g)  of  this Section, unless
         after determining the inability of the  offender  to
         pay  the  fee, the court assesses a lesser fee or no
         fee as the case may be. This fee shall be imposed in
         addition  to  the  fees  imposed  under  subsections
         (g)  and (i)  of this  Section.  The  fee  shall  be
         collected  by  the  clerk of the circuit court.  The
         clerk of the circuit  court  shall  pay  all  monies
         collected  from this fee to the county treasurer for
         deposit in the substance abuse services  fund  under
         Section 5-1086.1 of the Counties Code; and
              (v)  for  persons  convicted  of offenses other
         than those referenced in clause (iv)  above and  who
         are  placed  on  an  approved monitoring device as a
         condition of probation or conditional discharge, the
         court shall impose a reasonable fee for each day  of
         the  use of the device, as established by the county
         board in subsection  (g)  of  this  Section,  unless
         after  determining the inability of the defendant to
         pay the fee, the court assesses a lesser fee  or  no
         fee  as  the case may be.  This fee shall be imposed
         in addition to the fees  imposed  under  subsections
         (g)  and  (i)  of  this  Section.   The fee shall be
         collected by the clerk of the  circuit  court.   The
         clerk  of  the  circuit  court  shall pay all monies
         collected from this fee to the county treasurer  who
         shall  use  the monies collected to defray the costs
         of corrections.  The county treasurer shall  deposit
         the  fee  collected  in the county working cash fund
         under Section 6-27001  or  Section  6-29002  of  the
         Counties Code, as the case may be.
         (11)  comply  with  the  terms  and conditions of an
    order of protection issued by the court pursuant  to  the
    Illinois  Domestic  Violence  Act  of  1986,  as  now  or
    hereafter  amended,  or  an order of protection issued by
    the court of  another  state,  tribe,  or  United  States
    territory.  A  copy  of  the order of protection shall be
    transmitted to the probation  officer  or  agency  having
    responsibility for the case;
         (12)  reimburse  any  "local  anti-crime program" as
    defined in Section 7 of the Anti-Crime  Advisory  Council
    Act  for  any reasonable expenses incurred by the program
    on the offender's case, not to exceed the maximum  amount
    of  the  fine  authorized  for  the offense for which the
    defendant was sentenced;
         (13)  contribute a reasonable sum of money,  not  to
    exceed  the maximum amount of the fine authorized for the
    offense for which  the  defendant  was  sentenced,  to  a
    "local  anti-crime  program",  as defined in Section 7 of
    the Anti-Crime Advisory Council Act;
         (14)  refrain  from  entering  into   a   designated
    geographic area except upon such terms as the court finds
    appropriate.  Such terms may include consideration of the
    purpose of the entry, the  time  of  day,  other  persons
    accompanying  the  defendant,  and  advance approval by a
    probation officer, if the defendant has  been  placed  on
    probation  or  advance  approval  by  the  court,  if the
    defendant was placed on conditional discharge;
         (15)  refrain from having any contact,  directly  or
    indirectly,  with certain specified persons or particular
    types of persons, including but not limited to members of
    street gangs and drug users or dealers;
         (16)  refrain from having in his  or  her  body  the
    presence  of  any illicit drug prohibited by the Cannabis
    Control Act or the Illinois  Controlled  Substances  Act,
    unless  prescribed  by a physician, and submit samples of
    his or her blood or urine or both for tests to  determine
    the presence of any illicit drug.
    (c)  The  court  may  as  a  condition of probation or of
conditional discharge require that a person under 18 years of
age found guilty  of  any  alcohol,  cannabis  or  controlled
substance   violation,  refrain  from  acquiring  a  driver's
license  during  the  period  of  probation  or   conditional
discharge.   If  such  person is in possession of a permit or
license, the court may require that the  minor  refrain  from
driving  or  operating any motor vehicle during the period of
probation  or  conditional  discharge,  except  as   may   be
necessary in the course of the minor's lawful employment.
    (d)  An offender sentenced to probation or to conditional
discharge  shall  be  given  a  certificate setting forth the
conditions thereof.
    (e)  Except where the offender has committed a fourth  or
subsequent  violation  of subsection (c)  of Section 6-303 of
the Illinois Vehicle Code, the court shall not require  as  a
condition   of  the  sentence  of  probation  or  conditional
discharge that the offender  be  committed  to  a  period  of
imprisonment  in excess of 6 months. This 6 month limit shall
not include  periods  of  confinement  given  pursuant  to  a
sentence   of   county  impact  incarceration  under  Section
5-8-1.2. This 6 month  limit  does  not  apply  to  a  person
sentenced  to  probation  as  a  result  of a conviction of a
fourth or subsequent violation of subsection (c-4) of Section
11-501 of the Illinois Vehicle Code or a similar provision of
a local ordinance.
    Persons committed  to  imprisonment  as  a  condition  of
probation  or conditional discharge shall not be committed to
the Department of Corrections.
    (f)  The  court  may  combine  a  sentence  of   periodic
imprisonment under Article 7 or a sentence to a county impact
incarceration  program  under  Article  8  with a sentence of
probation or conditional discharge.
    (g)  An offender sentenced to probation or to conditional
discharge  and  who  during  the  term  of  either  undergoes
mandatory drug or alcohol testing, or both, or is assigned to
be placed on an approved electronic monitoring device,  shall
be ordered to pay all costs incidental to such mandatory drug
or alcohol testing, or both, and all costs incidental to such
approved   electronic   monitoring  in  accordance  with  the
defendant's ability to pay those  costs.   The  county  board
with  the  concurrence  of  the  Chief  Judge of the judicial
circuit in  which  the  county  is  located  shall  establish
reasonable  fees  for  the  cost of maintenance, testing, and
incidental expenses related to the mandatory drug or  alcohol
testing,  or  both,  and  all  costs  incidental  to approved
electronic monitoring, involved  in  a  successful  probation
program  for  the county.  The concurrence of the Chief Judge
shall be in the form of an  administrative  order.  The  fees
shall  be  collected  by the clerk of the circuit court.  The
clerk of the circuit court shall  pay  all  moneys  collected
from  these  fees  to  the county treasurer who shall use the
moneys collected to defray the costs of drug testing, alcohol
testing, and  electronic  monitoring.  The  county  treasurer
shall  deposit  the fees collected in the county working cash
fund under Section 6-27001 or Section 6-29002 of the Counties
Code, as the case may be.
    (h)  Jurisdiction over an  offender  may  be  transferred
from  the  sentencing  court  to the court of another circuit
with the concurrence of both courts.   Further  transfers  or
retransfers  of  jurisdiction are also authorized in the same
manner.  The court to which jurisdiction has been transferred
shall have the same powers as the sentencing court.
    (i)  The court shall impose upon an offender sentenced to
probation after January 1, 1989 or to  conditional  discharge
after  January  1,  1992  or  to  community service under the
supervision of a probation or court services department after
January  1,  2004,  as  a  condition  of  such  probation  or
conditional discharge or supervised community service, a  fee
of  $50  $25  for  each  month  of  probation  or conditional
discharge supervision or supervised community service ordered
by the court, unless after determining the inability  of  the
person  sentenced  to  probation  or conditional discharge or
supervised community  service  to  pay  the  fee,  the  court
assesses  a lesser fee. The court may not impose the fee on a
minor who is made a ward of  the  State  under  the  Juvenile
Court  Act  of  1987 while the minor is in placement. The fee
shall be imposed  only  upon  an  offender  who  is  actively
supervised  by  the  probation and court services department.
The fee shall be collected by the clerk of the circuit court.
The clerk of the circuit court shall pay all monies collected
from this fee to the county  treasurer  for  deposit  in  the
probation  and  court services fund under Section 15.1 of the
Probation and Probation Officers Act.
    A circuit court may not impose a probation fee in  excess
of  $25  per month unless: (1) the circuit court has adopted,
by administrative order issued by the chief judge, a standard
probation fee guide determining an offender's ability to pay,
under guidelines developed by the  Administrative  Office  of
the   Illinois   Courts;   and  (2)  the  circuit  court  has
authorized, by  administrative  order  issued  by  the  chief
judge,  the creation of a Crime Victim's Services Fund, to be
administered by the Chief Judge or his or her  designee,  for
services  to  crime victims and their families. Of the amount
collected as a probation fee, not to exceed $5  of  that  fee
collected  per month may be used to provide services to crime
victims and their families.
    (j)  All fines and costs imposed under this  Section  for
any  violation  of  Chapters  3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of  a  local  ordinance,
and any violation of the Child Passenger Protection Act, or a
similar  provision  of  a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under  Section
27.5 of the Clerks of Courts Act.
(Source: P.A.  91-325,  eff.  7-29-99;  91-696, eff. 4-13-00;
91-903,  eff.  1-1-01;  92-282,  eff.  8-7-01;  92-340,  eff.
8-10-01; 92-418, eff. 8-17-01; 92-442, eff. 8-17-01;  92-571,
eff. 6-26-02; 92-651, eff. 7-11-02.)

    (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
    Sec. 5-6-3.1.  Incidents and Conditions of Supervision.
    (a)  When a defendant is placed on supervision, the court
shall enter an order for supervision specifying the period of
such  supervision, and shall defer further proceedings in the
case until the conclusion of the period.
    (b)  The period of supervision shall be reasonable  under
all  of  the circumstances of the case, but may not be longer
than 2 years, unless the defendant  has  failed  to  pay  the
assessment  required  by Section 10.3 of the Cannabis Control
Act or Section 411.2 of the  Illinois  Controlled  Substances
Act,  in which case the court may extend supervision beyond 2
years. Additionally, the court shall order the  defendant  to
perform  no  less  than 30 hours of community service and not
more than  120  hours  of  community  service,  if  community
service  is  available  in the jurisdiction and is funded and
approved by the county board where the offense was committed,
when the offense (1) was related to or in furtherance of  the
criminal  activities of an organized gang or was motivated by
the defendant's membership in or allegiance to  an  organized
gang;  or  (2) is a violation of any Section of Article 24 of
the Criminal Code of 1961 where a disposition of  supervision
is  not  prohibited  by  Section  5-6-1  of  this  Code.  The
community service shall include, but not be limited  to,  the
cleanup  and  repair  of  any  damage  caused by violation of
Section 21-1.3 of the  Criminal  Code  of  1961  and  similar
damages to property located within the municipality or county
in   which   the  violation  occurred.   Where  possible  and
reasonable, the community service should be performed in  the
offender's neighborhood.
    For  the  purposes  of this Section, "organized gang" has
the meaning ascribed to it in  Section  10  of  the  Illinois
Streetgang Terrorism Omnibus Prevention Act.
    (c)  The  court  may  in  addition  to  other  reasonable
conditions  relating  to  the  nature  of  the offense or the
rehabilitation  of  the  defendant  as  determined  for  each
defendant in the proper discretion of the court require  that
the person:
         (1)  make a report to and appear in person before or
    participate  with  the  court  or such courts, person, or
    social service agency as directed by  the  court  in  the
    order of supervision;
         (2)  pay a fine and costs;
         (3)  work  or pursue a course of study or vocational
    training;
         (4)  undergo medical, psychological  or  psychiatric
    treatment; or treatment for drug addiction or alcoholism;
         (5)  attend  or reside in a facility established for
    the instruction or residence of defendants on probation;
         (6)  support his dependents;
         (7)  refrain from  possessing  a  firearm  or  other
    dangerous weapon;
         (8)  and in addition, if a minor:
              (i)  reside  with  his  parents  or in a foster
         home;
              (ii)  attend school;
              (iii)  attend  a  non-residential  program  for
         youth;
              (iv)  contribute to his own support at home  or
         in a foster home; or
              (v)  with  the consent of the superintendent of
         the facility, attend an  educational  program  at  a
         facility  other than the school in which the offense
         was committed if he or she is placed on  supervision
         for  a  crime of violence as defined in Section 2 of
         the Crime Victims Compensation Act  committed  in  a
         school, on the real property comprising a school, or
         within  1,000 feet of the real property comprising a
         school;
         (9)  make restitution or reparation in an amount not
    to exceed actual loss or damage to property and pecuniary
    loss  or  make  restitution  under  Section  5-5-6  to  a
    domestic violence shelter.  The court shall determine the
    amount and conditions of payment;
         (10)  perform some reasonable  public  or  community
    service;
         (11)  comply  with  the  terms  and conditions of an
    order of protection issued by the court pursuant  to  the
    Illinois  Domestic  Violence  Act  of 1986 or an order of
    protection issued by the court of another  state,  tribe,
    or  United States territory. If the court has ordered the
    defendant to make a report and  appear  in  person  under
    paragraph  (1) of this subsection, a copy of the order of
    protection shall be transmitted to the person  or  agency
    so designated by the court;
         (12)  reimburse  any  "local  anti-crime program" as
    defined in Section 7 of the Anti-Crime  Advisory  Council
    Act  for  any reasonable expenses incurred by the program
    on the offender's case, not to exceed the maximum  amount
    of  the  fine  authorized  for  the offense for which the
    defendant was sentenced;
         (13)  contribute a reasonable sum of money,  not  to
    exceed  the maximum amount of the fine authorized for the
    offense for which  the  defendant  was  sentenced,  to  a
    "local  anti-crime  program",  as defined in Section 7 of
    the Anti-Crime Advisory Council Act;
         (14)  refrain  from  entering  into   a   designated
    geographic area except upon such terms as the court finds
    appropriate.  Such terms may include consideration of the
    purpose  of  the  entry,  the  time of day, other persons
    accompanying the defendant, and  advance  approval  by  a
    probation officer;
         (15)  refrain  from  having any contact, directly or
    indirectly, with certain specified persons or  particular
    types  of person, including but not limited to members of
    street gangs and drug users or dealers;
         (16)  refrain from having in his  or  her  body  the
    presence  of  any illicit drug prohibited by the Cannabis
    Control Act or the Illinois  Controlled  Substances  Act,
    unless  prescribed  by a physician, and submit samples of
    his or her blood or urine or both for tests to  determine
    the presence of any illicit drug;
         (17)  refrain  from  operating any motor vehicle not
    equipped with an ignition interlock device as defined  in
    Section 1-129.1 of the Illinois Vehicle Code.  Under this
    condition  the  court  may  allow  a defendant who is not
    self-employed  to  operate  a  vehicle   owned   by   the
    defendant's   employer  that  is  not  equipped  with  an
    ignition interlock device in the course and scope of  the
    defendant's employment.
    (d)  The  court  shall defer entering any judgment on the
charges until the conclusion of the supervision.
    (e)  At the conclusion of the period of  supervision,  if
the  court  determines  that  the  defendant has successfully
complied with all of the conditions of supervision, the court
shall discharge the defendant and enter a judgment dismissing
the charges.
    (f)  Discharge and dismissal upon a successful conclusion
of a disposition  of  supervision  shall  be  deemed  without
adjudication  of  guilt  and shall not be termed a conviction
for purposes of disqualification or disabilities  imposed  by
law  upon  conviction  of  a  crime.   Two  years  after  the
discharge  and  dismissal  under  this  Section,  unless  the
disposition  of  supervision  was for a violation of Sections
3-707, 3-708, 3-710,  5-401.3,  or  11-503  of  the  Illinois
Vehicle  Code or a similar provision of a local ordinance, or
for a violation of Sections 12-3.2 or 16A-3 of  the  Criminal
Code  of  1961,  in  which  case  it  shall  be 5 years after
discharge and dismissal, a person  may  have  his  record  of
arrest  sealed  or  expunged  as  may  be  provided  by  law.
However,  any  defendant placed on supervision before January
1, 1980, may move for sealing or expungement  of  his  arrest
record,  as  provided by law, at any time after discharge and
dismissal under this Section. A person placed on  supervision
for  a sexual offense committed against a minor as defined in
subsection (g) of Section 5 of  the  Criminal  Identification
Act  or  for  a  violation  of Section 11-501 of the Illinois
Vehicle Code or a similar  provision  of  a  local  ordinance
shall  not  have  his  or  her  record  of  arrest  sealed or
expunged.
    (g)  A defendant placed on supervision and who during the
period of supervision undergoes  mandatory  drug  or  alcohol
testing,  or both, or is assigned to be placed on an approved
electronic monitoring device, shall be  ordered  to  pay  the
costs  incidental  to such mandatory drug or alcohol testing,
or both, and costs incidental  to  such  approved  electronic
monitoring  in accordance with the defendant's ability to pay
those costs. The county board with  the  concurrence  of  the
Chief  Judge  of  the judicial circuit in which the county is
located shall establish  reasonable  fees  for  the  cost  of
maintenance,  testing, and incidental expenses related to the
mandatory drug or alcohol testing, or  both,  and  all  costs
incidental   to   approved   electronic  monitoring,  of  all
defendants placed on  supervision.  The  concurrence  of  the
Chief  Judge shall be in the form of an administrative order.
The fees shall be collected  by  the  clerk  of  the  circuit
court.   The  clerk of the circuit court shall pay all moneys
collected from these fees to the county treasurer  who  shall
use the moneys collected to defray the costs of drug testing,
alcohol   testing,  and  electronic  monitoring.  The  county
treasurer shall deposit the  fees  collected  in  the  county
working cash fund under Section 6-27001 or Section 6-29002 of
the Counties Code, as the case may be.
    (h)  A  disposition  of  supervision is a final order for
the purposes of appeal.
    (i)  The court shall impose upon a  defendant  placed  on
supervision  after  January  1,  1992 or to community service
under the  supervision  of  a  probation  or  court  services
department   after   January  1,  2004,  as  a  condition  of
supervision or supervised community service, a fee of $50 $25
for each month of supervision or supervised community service
ordered by the court, unless after determining the  inability
of  the  person placed on supervision or supervised community
service to pay the fee, the court assesses a lesser fee.  The
court may not impose the fee on a minor who is made a ward of
the  State  under  the  Juvenile  Court Act of 1987 while the
minor is in placement. The fee shall be imposed only  upon  a
defendant  who  is  actively  supervised by the probation and
court services department.  The fee shall be collected by the
clerk of the circuit court. The clerk of  the  circuit  court
shall  pay  all  monies collected from this fee to the county
treasurer for deposit in the  probation  and  court  services
fund  pursuant to Section 15.1 of the Probation and Probation
Officers Act.
    A circuit court may not impose a probation fee in  excess
of  $25  per month unless: (1) the circuit court has adopted,
by administrative order issued by the chief judge, a standard
probation fee guide determining an offender's ability to pay,
under guidelines developed by the  Administrative  Office  of
the   Illinois   Courts;   and  (2)  the  circuit  court  has
authorized, by  administrative  order  issued  by  the  chief
judge,  the creation of a Crime Victim's Services Fund, to be
administered by the Chief Judge or his or her  designee,  for
services  to  crime victims and their families. Of the amount
collected as a probation fee, not to exceed $5  of  that  fee
collected  per month may be used to provide services to crime
victims and their families.
    (j)  All fines and costs imposed under this  Section  for
any  violation  of  Chapters  3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of  a  local  ordinance,
and any violation of the Child Passenger Protection Act, or a
similar  provision  of  a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under  Section
27.5 of the Clerks of Courts Act.
    (k)  A  defendant  at least 17 years of age who is placed
on supervision for a misdemeanor in a county of 3,000,000  or
more inhabitants and who has not been previously convicted of
a  misdemeanor  or  felony  may  as a condition of his or her
supervision be required by the court  to  attend  educational
courses  designed  to prepare the defendant for a high school
diploma and to work toward a high school diploma or  to  work
toward   passing  the  high  school  level  Test  of  General
Educational Development (GED) or to work toward completing  a
vocational  training  program  approved  by  the  court.  The
defendant  placed  on  supervision  must  attend   a   public
institution   of  education  to  obtain  the  educational  or
vocational training required by  this  subsection  (k).   The
defendant  placed on supervision shall be required to pay for
the cost of the educational courses or GED test, if a fee  is
charged  for  those  courses or test.  The court shall revoke
the supervision of a person who wilfully fails to comply with
this  subsection  (k).   The  court  shall   resentence   the
defendant  upon  revocation  of  supervision  as  provided in
Section 5-6-4.  This subsection  (k)  does  not  apply  to  a
defendant  who  has a high school diploma or has successfully
passed the GED test. This subsection (k) does not apply to  a
defendant   who   is   determined   by   the   court   to  be
developmentally disabled or otherwise mentally  incapable  of
completing the educational or vocational program.
    (l)  The  court  shall  require  a  defendant  placed  on
supervision  for  possession of a substance prohibited by the
Cannabis Control Act or Illinois  Controlled  Substances  Act
after a previous conviction or disposition of supervision for
possession  of a substance prohibited by the Cannabis Control
Act or Illinois Controlled Substances Act or  a  sentence  of
probation  under  Section  10  of the Cannabis Control Act or
Section 410 of the Illinois  Controlled  Substances  Act  and
after  a finding by the court that the person is addicted, to
undergo treatment at a substance abuse  program  approved  by
the court.
    (m)  The  Secretary  of State shall require anyone placed
on court supervision for a violation of Section 3-707 of  the
Illinois  Vehicle  Code  or  a  similar  provision of a local
ordinance  to  give   proof   of   his   or   her   financial
responsibility  as  defined  in Section 7-315 of the Illinois
Vehicle  Code.   The  proof  shall  be  maintained   by   the
individual in a manner satisfactory to the Secretary of State
for  a minimum period of one year after the date the proof is
first filed. The proof shall be limited to  a  single  action
per  arrest  and  may  not  be  affected by any post-sentence
disposition.   The  Secretary  of  State  shall  suspend  the
driver's license of any person determined by the Secretary to
be in violation of this subsection.
(Source: P.A. 91-127,  eff.  1-1-00;  91-696,  eff.  4-13-00;
91-903,  eff.  1-1-01;  92-282,  eff.  8-7-01;  92-458,  eff.
8-22-01; 92-651, eff. 7-11-02.)

    (730 ILCS 5/5-9-1.12 new)
    Sec.   5-9-1.12.  Applications   for  transfer  to  other
states.  A person subject to conditions of probation, parole,
or mandatory supervised release  who  seeks  to  transfer  to
another  state  subject  to  the Interstate Compact for Adult
Offender Supervision must make provisions for the payment  of
any restitution awarded by the circuit court and pay a fee of
$125  to  the  proper  administrative or judicial authorities
before being granted the transfer, or otherwise  arrange  for
payment.   The fee payment from persons subject to a sentence
of probation shall be deposited into the general fund of  the
county  in  which  the  circuit  has  jurisdiction.   The fee
payment  from  persons  subject  to   parole   or   mandatory
supervised  release  shall  be  deposited  into  the  General
Revenue  Fund.   The  proceeds  of  this fee shall be used to
defray the costs of the Department of Corrections  or  county
sheriff  departments,  respectively,  who will be required to
retrieve offenders that violate the terms of their  transfers
to other states.  Upon return to the State of Illinois, these
persons shall also be subject to reimbursing either the State
of  Illinois  or the county for the actual costs of returning
them to Illinois.

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