Public Act 098-0575
 
SB1843 EnrolledLRB098 09873 RLC 40031 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 2. The Juvenile Court Act of 1987 is amended by
changing Section 5-715 as follows:
 
    (705 ILCS 405/5-715)
    Sec. 5-715. Probation.
    (1) The period of probation or conditional discharge shall
not exceed 5 years or until the minor has attained the age of
21 years, whichever is less, except as provided in this Section
for a minor who is found to be guilty for an offense which is
first degree murder, a Class X felony or a forcible felony. The
juvenile court may terminate probation or conditional
discharge and discharge the minor at any time if warranted by
the conduct of the minor and the ends of justice; provided,
however, that the period of probation for a minor who is found
to be guilty for an offense which is first degree murder, a
Class X felony, or a forcible felony shall be at least 5 years.
    (2) The court may as a condition of probation or of
conditional discharge require that the minor:
        (a) not violate any criminal statute of any
    jurisdiction;
        (b) make a report to and appear in person before any
    person or agency as directed by the court;
        (c) work or pursue a course of study or vocational
    training;
        (d) undergo medical or psychiatric treatment, rendered
    by a psychiatrist or psychological treatment rendered by a
    clinical psychologist or social work services rendered by a
    clinical social worker, or treatment for drug addiction or
    alcoholism;
        (e) attend or reside in a facility established for the
    instruction or residence of persons on probation;
        (f) support his or her dependents, if any;
        (g) refrain from possessing a firearm or other
    dangerous weapon, or an automobile;
        (h) permit the probation officer to visit him or her at
    his or her home or elsewhere;
        (i) reside with his or her parents or in a foster home;
        (j) attend school;
        (j-5) 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 committed a crime of violence as defined in Section 2
    of the Crime Victims Compensation Act in a school, on the
    real property comprising a school, or within 1,000 feet of
    the real property comprising a school;
        (k) attend a non-residential program for youth;
        (l) make restitution under the terms of subsection (4)
    of Section 5-710;
        (m) contribute to his or her own support at home or in
    a foster home;
        (n) perform some reasonable public or community
    service;
        (o) participate with community corrections programs
    including unified delinquency intervention services
    administered by the Department of Human Services subject to
    Section 5 of the Children and Family Services Act;
        (p) pay costs;
        (q) 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 minor:
            (i) remain within the interior premises of the
        place designated for his or her confinement during the
        hours designated by the court;
            (ii) admit any person or agent designated by the
        court into the minor's place of confinement at any time
        for purposes of verifying the minor's compliance with
        the conditions of his or her confinement; and
            (iii) use an approved electronic monitoring device
        if ordered by the court subject to Article 8A of
        Chapter V of the Unified Code of Corrections;
        (r) refrain from entering into a designated geographic
    area except upon terms as the court finds appropriate. The
    terms may include consideration of the purpose of the
    entry, the time of day, other persons accompanying the
    minor, and advance approval by a probation officer, if the
    minor has been placed on probation, or advance approval by
    the court, if the minor has been placed on conditional
    discharge;
        (s) 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;
        (s-5) undergo a medical or other procedure to have a
    tattoo symbolizing allegiance to a street gang removed from
    his or her body;
        (t) refrain from having in his or her body the presence
    of any illicit drug prohibited by the Cannabis Control Act,
    the Illinois Controlled Substances Act, or the
    Methamphetamine Control and Community Protection Act,
    unless prescribed by a physician, and shall submit samples
    of his or her blood or urine or both for tests to determine
    the presence of any illicit drug; or
        (u) comply with other conditions as may be ordered by
    the court.
    (3) The court may as a condition of probation or of
conditional discharge require that a minor found guilty on any
alcohol, cannabis, methamphetamine, or controlled substance
violation, refrain from acquiring a driver's license during the
period of probation or conditional discharge. If the minor 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.
    (3.5) The court shall, as a condition of probation or of
conditional discharge, require that a minor found to be guilty
and placed on probation for reasons that include a violation of
Section 3.02 or Section 3.03 of the Humane Care for Animals Act
or paragraph (4) of subsection (a) of Section 21-1 of the
Criminal Code of 2012 undergo medical or psychiatric treatment
rendered by a psychiatrist or psychological treatment rendered
by a clinical psychologist. The condition may be in addition to
any other condition.
    (3.10) The court shall order that a minor placed on
probation or conditional discharge for a sex offense as defined
in the Sex Offender Management Board Act undergo and
successfully complete sex offender treatment. The treatment
shall be in conformance with the standards developed under the
Sex Offender Management Board Act and conducted by a treatment
provider approved by the Board. The treatment shall be at the
expense of the person evaluated based upon that person's
ability to pay for the treatment.
    (4) A minor on probation or conditional discharge shall be
given a certificate setting forth the conditions upon which he
or she is being released.
    (5) The court shall impose upon a minor placed on probation
or conditional discharge, as a condition of the probation or
conditional discharge, a fee of $50 for each month of probation
or conditional discharge supervision ordered by the court,
unless after determining the inability of the minor placed on
probation or conditional discharge to pay the fee, the court
assesses a lesser amount. The court may not impose the fee on a
minor who is made a ward of the State under this Act while the
minor is in placement. The fee shall be imposed only upon a
minor who is actively supervised by the probation and court
services department. The court may order the parent, guardian,
or legal custodian of the minor to pay some or all of the fee on
the minor's behalf.
    (5.5) 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. The probation department within
the circuit to which jurisdiction has been transferred, or
which has agreed to provide supervision, may impose probation
fees upon receiving the transferred offender, as provided in
subsection (i) of Section 5-6-3 of the Unified Code of
Corrections. For all transfer cases, as defined in Section 9b
of the Probation and Probation Officers Act, the probation
department from the original sentencing court shall retain all
probation fees collected prior to the transfer. After the
transfer, all probation fees shall be paid to the probation
department within the circuit to which jurisdiction has been
transferred.
    If the transfer case originated in another state and has
been transferred under the Interstate Compact for Juveniles to
the jurisdiction of an Illinois circuit court for supervision
by an Illinois probation department, probation fees may be
imposed only if permitted by the Interstate Commission for
Juveniles.
    (6) The General Assembly finds that in order to protect the
public, the juvenile justice system must compel compliance with
the conditions of probation by responding to violations with
swift, certain, and fair punishments and intermediate
sanctions. The Chief Judge of each circuit shall adopt a system
of structured, intermediate sanctions for violations of the
terms and conditions of a sentence of supervision, probation or
conditional discharge, under this Act.
    The court shall provide as a condition of a disposition of
probation, conditional discharge, or supervision, that the
probation agency may invoke any sanction from the list of
intermediate sanctions adopted by the chief judge of the
circuit court for violations of the terms and conditions of the
sentence of probation, conditional discharge, or supervision,
subject to the provisions of Section 5-720 of this Act.
(Source: P.A. 96-1414, eff. 1-1-11; 97-1108, eff. 1-1-13;
97-1150, eff. 1-25-13.)
 
    Section 3. The Unified Code of Corrections is amended by
changing Section 5-6-3 as follows:
 
    (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 where the offense is a felony or, if a
    misdemeanor, the offense involved the intentional or
    knowing infliction of bodily harm or threat of bodily harm;
        (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 or the Criminal Code of
    2012 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, the Illinois
    Controlled Substances Act, or the Methamphetamine Control
    and Community Protection 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, Section 410
    of the Illinois Controlled Substances Act, or Section 70 of
    the Methamphetamine Control and Community Protection Act
    and upon a finding by the court that the person is
    addicted, undergo treatment at a substance abuse program
    approved by the court;
        (8.5) if convicted of a felony sex offense as defined
    in the Sex Offender Management Board Act, the person shall
    undergo and successfully complete sex offender treatment
    by a treatment provider approved by the Board and conducted
    in conformance with the standards developed under the Sex
    Offender Management Board Act;
        (8.6) if convicted of a sex offense as defined in the
    Sex Offender Management Board Act, refrain from residing at
    the same address or in the same condominium unit or
    apartment unit or in the same condominium complex or
    apartment complex with another person he or she knows or
    reasonably should know is a convicted sex offender or has
    been placed on supervision for a sex offense; the
    provisions of this paragraph do not apply to a person
    convicted of a sex offense who is placed in a Department of
    Corrections licensed transitional housing facility for sex
    offenders;
        (8.7) if convicted for an offense committed on or after
    June 1, 2008 (the effective date of Public Act 95-464) that
    would qualify the accused as a child sex offender as
    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
    1961 or the Criminal Code of 2012, refrain from
    communicating with or contacting, by means of the Internet,
    a person who is not related to the accused and whom the
    accused reasonably believes to be under 18 years of age;
    for purposes of this paragraph (8.7), "Internet" has the
    meaning ascribed to it in Section 16-0.1 of the Criminal
    Code of 2012; and a person is not related to the accused if
    the person is not: (i) the spouse, brother, or sister of
    the accused; (ii) a descendant of the accused; (iii) a
    first or second cousin of the accused; or (iv) a step-child
    or adopted child of the accused;
        (8.8) if convicted for an offense under Section 11-6,
    11-9.1, 11-14.4 that involves soliciting for a juvenile
    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
    of the Criminal Code of 1961 or the Criminal Code of 2012,
    or any attempt to commit any of these offenses, committed
    on or after June 1, 2009 (the effective date of Public Act
    95-983):
            (i) not access or use a computer or any other
        device with Internet capability without the prior
        written approval of the offender's probation officer,
        except in connection with the offender's employment or
        search for employment with the prior approval of the
        offender's probation officer;
            (ii) submit to periodic unannounced examinations
        of the offender's computer or any other device with
        Internet capability by the offender's probation
        officer, a law enforcement officer, or assigned
        computer or information technology specialist,
        including the retrieval and copying of all data from
        the computer or device and any internal or external
        peripherals and removal of such information,
        equipment, or device to conduct a more thorough
        inspection;
            (iii) submit to the installation on the offender's
        computer or device with Internet capability, at the
        offender's expense, of one or more hardware or software
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions
        concerning the offender's use of or access to a
        computer or any other device with Internet capability
        imposed by the offender's probation officer;
        (8.9) if convicted of a sex offense as defined in the
    Sex Offender Registration Act committed on or after January
    1, 2010 (the effective date of Public Act 96-262), refrain
    from accessing or using a social networking website as
    defined in Section 17-0.5 of the Criminal Code of 2012;
        (9) if convicted of a felony or of any misdemeanor
    violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
    12-3.5 of the Criminal Code of 1961 or the Criminal Code of
    2012 that was determined, pursuant to Section 112A-11.1 of
    the Code of Criminal Procedure of 1963, to trigger the
    prohibitions of 18 U.S.C. 922(g)(9), 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. The Court shall return
    to the Department of State Police Firearm Owner's
    Identification Card Office the person's Firearm Owner's
    Identification Card;
        (10) if convicted of a sex offense as defined in
    subsection (a-5) of Section 3-1-2 of this Code, unless the
    offender is a parent or guardian of the person under 18
    years of age present in the home and no non-familial minors
    are present, not participate in a holiday event involving
    children under 18 years of age, such as distributing candy
    or other items to children on Halloween, wearing a Santa
    Claus costume on or preceding Christmas, being employed as
    a department store Santa Claus, or wearing an Easter Bunny
    costume on or preceding Easter;
        (11) if convicted of a sex offense as defined in
    Section 2 of the Sex Offender Registration Act committed on
    or after January 1, 2010 (the effective date of Public Act
    96-362) that requires the person to register as a sex
    offender under that Act, may not knowingly use any computer
    scrub software on any computer that the sex offender uses;
    and
        (12) if convicted of a violation of the Methamphetamine
    Control and Community Protection Act, the Methamphetamine
    Precursor Control Act, or a methamphetamine related
    offense:
            (A) prohibited from purchasing, possessing, or
        having under his or her control any product containing
        pseudoephedrine unless prescribed by a physician; and
            (B) prohibited from purchasing, possessing, or
        having under his or her control any product containing
        ammonium nitrate.
    (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 probation and court
        services fund.
        (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, (i) to a
    "local anti-crime program", as defined in Section 7 of the
    Anti-Crime Advisory Council Act, or (ii) for offenses under
    the jurisdiction of the Department of Natural Resources, to
    the fund established by the Department of Natural Resources
    for the purchase of evidence for investigation purposes and
    to conduct investigations as outlined in Section 805-105 of
    the Department of Natural Resources (Conservation) Law;
        (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, the Illinois Controlled Substances Act, or the
    Methamphetamine Control and Community Protection 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) if convicted for an offense committed on or after
    June 1, 2008 (the effective date of Public Act 95-464) that
    would qualify the accused as a child sex offender as
    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
    1961 or the Criminal Code of 2012, refrain from
    communicating with or contacting, by means of the Internet,
    a person who is related to the accused and whom the accused
    reasonably believes to be under 18 years of age; for
    purposes of this paragraph (17), "Internet" has the meaning
    ascribed to it in Section 16-0.1 of the Criminal Code of
    2012; and a person is related to the accused if the person
    is: (i) the spouse, brother, or sister of the accused; (ii)
    a descendant of the accused; (iii) a first or second cousin
    of the accused; or (iv) a step-child or adopted child of
    the accused;
        (18) if convicted for an offense committed on or after
    June 1, 2009 (the effective date of Public Act 95-983) that
    would qualify as a sex offense as defined in the Sex
    Offender Registration Act:
            (i) not access or use a computer or any other
        device with Internet capability without the prior
        written approval of the offender's probation officer,
        except in connection with the offender's employment or
        search for employment with the prior approval of the
        offender's probation officer;
            (ii) submit to periodic unannounced examinations
        of the offender's computer or any other device with
        Internet capability by the offender's probation
        officer, a law enforcement officer, or assigned
        computer or information technology specialist,
        including the retrieval and copying of all data from
        the computer or device and any internal or external
        peripherals and removal of such information,
        equipment, or device to conduct a more thorough
        inspection;
            (iii) submit to the installation on the offender's
        computer or device with Internet capability, at the
        subject's expense, of one or more hardware or software
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions
        concerning the offender's use of or access to a
        computer or any other device with Internet capability
        imposed by the offender's probation officer; and
        (19) refrain from possessing a firearm or other
    dangerous weapon where the offense is a misdemeanor that
    did not involve the intentional or knowing infliction of
    bodily harm or threat of bodily harm.
    (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.
    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. The probation department within
the circuit to which jurisdiction has been transferred, or
which has agreed to provide supervision, may impose probation
fees upon receiving the transferred offender, as provided in
subsection (i). For all transfer cases, as defined in Section
9b of the Probation and Probation Officers Act, the The
probation department from the original sentencing court shall
retain all probation fees collected prior to the transfer.
After the transfer all probation fees shall be paid to the
probation department within the circuit to which jurisdiction
has been transferred.
    (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 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 under this
subsection (i) in excess of $25 per month unless 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 Of the amount collected as a probation fee, up
to $5 of that fee collected per month may be used to provide
services to crime victims and their families.
    The Court may only waive probation fees based on an
offender's ability to pay. The probation department may
re-evaluate an offender's ability to pay every 6 months, and,
with the approval of the Director of Court Services or the
Chief Probation Officer, adjust the monthly fee amount. An
offender may elect to pay probation fees due in a lump sum. Any
offender that has been assigned to the supervision of a
probation department, or has been transferred either under
subsection (h) of this Section or under any interstate compact,
shall be required to pay probation fees to the department
supervising the offender, based on the offender's ability to
pay.
    This amendatory Act of the 93rd General Assembly deletes
the $10 increase in the fee under this subsection that was
imposed by Public Act 93-616. This deletion is intended to
control over any other Act of the 93rd General Assembly that
retains or incorporates that fee increase.
    (i-5) In addition to the fees imposed under subsection (i)
of this Section, in the case of an offender convicted of a
felony sex offense (as defined in the Sex Offender Management
Board Act) or an offense that the court or probation department
has determined to be sexually motivated (as defined in the Sex
Offender Management Board Act), the court or the probation
department shall assess additional fees to pay for all costs of
treatment, assessment, evaluation for risk and treatment, and
monitoring the offender, based on that offender's ability to
pay those costs either as they occur or under a payment plan.
    (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) Any offender who is sentenced to probation or
conditional discharge for a felony sex offense as defined in
the Sex Offender Management Board Act or any offense that the
court or probation department has determined to be sexually
motivated as defined in the Sex Offender Management Board Act
shall be required to refrain from any contact, directly or
indirectly, with any persons specified by the court and shall
be available for all evaluations and treatment programs
required by the court or the probation department.
    (l) The court may order an offender who is sentenced to
probation or conditional discharge for a violation of an order
of protection be placed under electronic surveillance as
provided in Section 5-8A-7 of this Code.
(Source: P.A. 96-262, eff. 1-1-10; 96-328, eff. 8-11-09;
96-362, eff. 1-1-10; 96-695, eff. 8-25-09; 96-1000, eff.
7-2-10; 96-1414, eff. 1-1-11; 96-1551, Article 2, Section 1065,
eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;
97-454, eff. 1-1-12; 97-560, eff. 1-1-12; 97-597, eff. 1-1-12;
97-1109, eff. 1-1-13; 97-1131, eff. 1-1-13; 97-1150, eff.
1-25-13.)
 
    Section 5. The Probation and Probation Officers Act is
amended by changing Section 9b as follows:
 
    (730 ILCS 110/9b)  (from Ch. 38, par. 204-1b)
    Sec. 9b. For the purposes of this Act, the words and
phrases described in this Section have the meanings designated
in this Section, except when a particular context clearly
requires a different meaning.
    (1) "Division" means the Division of Probation Services of
the Supreme Court.
    (2) "Department" means a probation or court services
department that provides probation or court services and such
other related services assigned to it by the circuit court or
by law.
    (3) "Probation Officer" means a person employed full time
in a probation or court services department providing services
to a court under this Act or the Juvenile Court Act of 1987. A
probation officer includes detention staff, non-secure group
home staff and management personnel who meet minimum standards
established by the Supreme Court and who are hired under the
direction of the circuit court. These probation officers are
judicial employees designated on a circuit wide or county basis
and compensated by the appropriate county board or boards.
    (4) "Basic Services" means the number of personnel
determined by the Division as necessary to comply with adult,
juvenile, and detention services workload standards and to
operate authorized programs of intermediate sanctions,
intensive probation supervision, public or community service,
intake services, secure detention services, non-secure group
home services and home confinement.
    (5) "New or Expanded Services" means personnel necessary to
operate pretrial programs, victim and restitution programs,
psychological services, drunk driving programs, specialized
caseloads, community resource coordination programs, and other
programs designed to generally improve the quality of probation
and court services.
    (6) "Individualized Services and Programs" means
individualized services provided through purchase of service
agreements with individuals, specialists, and local public or
private agencies providing non-residential services for the
rehabilitation of adult and juvenile offenders as an
alternative to local or state incarceration.
    (7) "Jurisdiction" means the geographical area of
authority of a probation department as designated by the chief
judge of each circuit court under Section 15 of this Act.
    (8) "Transfer case" means any case where an adult or
juvenile offender seeks to have supervision transferred from
one county to another or from another state to a county in
Illinois, and the transfer is approved by a judicial officer, a
department, or through an interstate compact.
(Source: P.A. 89-198, eff. 7-21-95.)