093_HB1163
LRB093 02141 RLC 02148 b
1 AN ACT in relation to criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Unified Code of Corrections is amended by
5 changing Section 5-6-3.1 as follows:
6 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
7 Sec. 5-6-3.1. Incidents and Conditions of Supervision.
8 (a) When a defendant is placed on supervision, the court
9 shall enter an order for supervision specifying the period of
10 such supervision, and shall defer further proceedings in the
11 case until the conclusion of the period.
12 (b) The period of supervision shall be reasonable under
13 all of the circumstances of the case, but may not be longer
14 than 2 years, unless the defendant has failed to pay the
15 assessment required by Section 10.3 of the Cannabis Control
16 Act or Section 411.2 of the Illinois Controlled Substances
17 Act, in which case the court may extend supervision beyond 2
18 years. Additionally, the court shall order the defendant to
19 perform no less than 30 hours of community service and not
20 more than 120 hours of community service, if community
21 service is available in the jurisdiction and is funded and
22 approved by the county board where the offense was committed,
23 when the offense (1) was related to or in furtherance of the
24 criminal activities of an organized gang or was motivated by
25 the defendant's membership in or allegiance to an organized
26 gang; or (2) is a violation of any Section of Article 24 of
27 the Criminal Code of 1961 where a disposition of supervision
28 is not prohibited by Section 5-6-1 of this Code. The
29 community service shall include, but not be limited to, the
30 cleanup and repair of any damage caused by violation of
31 Section 21-1.3 of the Criminal Code of 1961 and similar
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1 damages to property located within the municipality or county
2 in which the violation occurred. Where possible and
3 reasonable, the community service should be performed in the
4 offender's neighborhood.
5 For the purposes of this Section, "organized gang" has
6 the meaning ascribed to it in Section 10 of the Illinois
7 Streetgang Terrorism Omnibus Prevention Act.
8 (c) The court may in addition to other reasonable
9 conditions relating to the nature of the offense or the
10 rehabilitation of the defendant as determined for each
11 defendant in the proper discretion of the court require that
12 the person:
13 (1) make a report to and appear in person before or
14 participate with the court or such courts, person, or
15 social service agency as directed by the court in the
16 order of supervision;
17 (2) pay a fine and costs;
18 (3) work or pursue a course of study or vocational
19 training;
20 (4) undergo medical, psychological or psychiatric
21 treatment; or treatment for drug addiction or alcoholism;
22 (5) attend or reside in a facility established for
23 the instruction or residence of defendants on probation;
24 (6) support his dependents;
25 (7) refrain from possessing a firearm or other
26 dangerous weapon;
27 (8) and in addition, if a minor:
28 (i) reside with his parents or in a foster
29 home;
30 (ii) attend school;
31 (iii) attend a non-residential program for
32 youth;
33 (iv) contribute to his own support at home or
34 in a foster home; or
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1 (v) with the consent of the superintendent of
2 the facility, attend an educational program at a
3 facility other than the school in which the offense
4 was committed if he or she is placed on supervision
5 for a crime of violence as defined in Section 2 of
6 the Crime Victims Compensation Act committed in a
7 school, on the real property comprising a school, or
8 within 1,000 feet of the real property comprising a
9 school;
10 (9) make restitution or reparation in an amount not
11 to exceed actual loss or damage to property and pecuniary
12 loss or make restitution under Section 5-5-6 to a
13 domestic violence shelter. The court shall determine the
14 amount and conditions of payment;
15 (10) perform some reasonable public or community
16 service;
17 (11) comply with the terms and conditions of an
18 order of protection issued by the court pursuant to the
19 Illinois Domestic Violence Act of 1986 or an order of
20 protection issued by the court of another state, tribe,
21 or United States territory. If the court has ordered the
22 defendant to make a report and appear in person under
23 paragraph (1) of this subsection, a copy of the order of
24 protection shall be transmitted to the person or agency
25 so designated by the court;
26 (12) reimburse any "local anti-crime program" as
27 defined in Section 7 of the Anti-Crime Advisory Council
28 Act for any reasonable expenses incurred by the program
29 on the offender's case, not to exceed the maximum amount
30 of the fine authorized for the offense for which the
31 defendant was sentenced;
32 (13) contribute a reasonable sum of money, not to
33 exceed the maximum amount of the fine authorized for the
34 offense for which the defendant was sentenced, to a
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1 "local anti-crime program", as defined in Section 7 of
2 the Anti-Crime Advisory Council Act;
3 (14) refrain from entering into a designated
4 geographic area except upon such terms as the court finds
5 appropriate. Such terms may include consideration of the
6 purpose of the entry, the time of day, other persons
7 accompanying the defendant, and advance approval by a
8 probation officer;
9 (15) refrain from having any contact, directly or
10 indirectly, with certain specified persons or particular
11 types of person, including but not limited to members of
12 street gangs and drug users or dealers;
13 (16) refrain from having in his or her body the
14 presence of any illicit drug prohibited by the Cannabis
15 Control Act or the Illinois Controlled Substances Act,
16 unless prescribed by a physician, and submit samples of
17 his or her blood or urine or both for tests to determine
18 the presence of any illicit drug;
19 (17) refrain from operating any motor vehicle not
20 equipped with an ignition interlock device as defined in
21 Section 1-129.1 of the Illinois Vehicle Code. Under this
22 condition the court may allow a defendant who is not
23 self-employed to operate a vehicle owned by the
24 defendant's employer that is not equipped with an
25 ignition interlock device in the course and scope of the
26 defendant's employment.
27 (d) The court shall defer entering any judgment on the
28 charges until the conclusion of the supervision.
29 (e) At the conclusion of the period of supervision, if
30 the court determines that the defendant has successfully
31 complied with all of the conditions of supervision, the court
32 shall discharge the defendant and enter a judgment dismissing
33 the charges.
34 (f) Discharge and dismissal upon a successful conclusion
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1 of a disposition of supervision shall be deemed without
2 adjudication of guilt and shall not be termed a conviction
3 for purposes of disqualification or disabilities imposed by
4 law upon conviction of a crime. Two years after the
5 discharge and dismissal under this Section, unless the
6 disposition of supervision was for a violation of Sections
7 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
8 Vehicle Code or a similar provision of a local ordinance, or
9 for a violation of Sections 12-3.2 or 16A-3 of the Criminal
10 Code of 1961, in which case it shall be 5 years after
11 discharge and dismissal, a person may have his record of
12 arrest sealed or expunged as may be provided by law.
13 However, any defendant placed on supervision before January
14 1, 1980, may move for sealing or expungement of his arrest
15 record, as provided by law, at any time after discharge and
16 dismissal under this Section. A person placed on supervision
17 for a sexual offense committed against a minor as defined in
18 subsection (g) of Section 5 of the Criminal Identification
19 Act or for a violation of Section 11-501 of the Illinois
20 Vehicle Code or a similar provision of a local ordinance
21 shall not have his or her record of arrest sealed or
22 expunged.
23 (g) A defendant placed on supervision and who during the
24 period of supervision undergoes mandatory drug or alcohol
25 testing, or both, or is assigned to be placed on an approved
26 electronic monitoring device, shall be ordered to pay the
27 costs incidental to such mandatory drug or alcohol testing,
28 or both, and costs incidental to such approved electronic
29 monitoring in accordance with the defendant's ability to pay
30 those costs. The county board with the concurrence of the
31 Chief Judge of the judicial circuit in which the county is
32 located shall establish reasonable fees for the cost of
33 maintenance, testing, and incidental expenses related to the
34 mandatory drug or alcohol testing, or both, and all costs
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1 incidental to approved electronic monitoring, of all
2 defendants placed on supervision. The concurrence of the
3 Chief Judge shall be in the form of an administrative order.
4 The fees shall be collected by the clerk of the circuit
5 court. The clerk of the circuit court shall pay all moneys
6 collected from these fees to the county treasurer who shall
7 use the moneys collected to defray the costs of drug testing,
8 alcohol testing, and electronic monitoring. The county
9 treasurer shall deposit the fees collected in the county
10 working cash fund under Section 6-27001 or Section 6-29002 of
11 the Counties Code, as the case may be.
12 (h) A disposition of supervision is a final order for
13 the purposes of appeal.
14 (i) The court shall impose upon a defendant placed on
15 supervision after January 1, 1992, as a condition of
16 supervision, a fee of $25 for each month of supervision
17 ordered by the court, unless after determining the inability
18 of the person placed on supervision to pay the fee, the court
19 assesses a lesser fee. The court may not impose the fee on a
20 minor who is made a ward of the State under the Juvenile
21 Court Act of 1987 while the minor is in placement. The fee
22 shall be imposed only upon a defendant who is actively
23 supervised by the probation and court services department.
24 The fee shall be collected by the clerk of the circuit court.
25 The clerk of the circuit court shall pay all monies collected
26 from this fee to the county treasurer for deposit in the
27 probation and court services fund pursuant to Section 15.1 of
28 the Probation and Probation Officers Act.
29 (j) All fines and costs imposed under this Section for
30 any violation of Chapters 3, 4, 6, and 11 of the Illinois
31 Vehicle Code, or a similar provision of a local ordinance,
32 and any violation of the Child Passenger Protection Act, or a
33 similar provision of a local ordinance, shall be collected
34 and disbursed by the circuit clerk as provided under Section
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1 27.5 of the Clerks of Courts Act.
2 (k) A defendant at least 17 years of age who is placed
3 on supervision for a misdemeanor in a county of 3,000,000 or
4 more inhabitants and who has not been previously convicted of
5 a misdemeanor or felony may as a condition of his or her
6 supervision be required by the court to attend educational
7 courses designed to prepare the defendant for a high school
8 diploma and to work toward a high school diploma or to work
9 toward passing the high school level Test of General
10 Educational Development (GED) or to work toward completing a
11 vocational training program approved by the court. The
12 defendant placed on supervision must attend a public
13 institution of education to obtain the educational or
14 vocational training required by this subsection (k). The
15 defendant placed on supervision shall be required to pay for
16 the cost of the educational courses or GED test, if a fee is
17 charged for those courses or test. The court shall revoke
18 the supervision of a person who wilfully fails to comply with
19 this subsection (k). The court shall resentence the
20 defendant upon revocation of supervision as provided in
21 Section 5-6-4. This subsection (k) does not apply to a
22 defendant who has a high school diploma or has successfully
23 passed the GED test. This subsection (k) does not apply to a
24 defendant who is determined by the court to be
25 developmentally disabled or otherwise mentally incapable of
26 completing the educational or vocational program.
27 (l) The court shall require a defendant placed on
28 supervision for possession of a substance prohibited by the
29 Cannabis Control Act or Illinois Controlled Substances Act
30 after a previous conviction or disposition of supervision for
31 possession of a substance prohibited by the Cannabis Control
32 Act or Illinois Controlled Substances Act or a sentence of
33 probation under Section 10 of the Cannabis Control Act or
34 Section 410 of the Illinois Controlled Substances Act and
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1 after a finding by the court that the person is addicted, to
2 undergo treatment at a substance abuse program approved by
3 the court.
4 (m) The Secretary of State shall require anyone placed
5 on court supervision for a violation of Section 3-707 of the
6 Illinois Vehicle Code or a similar provision of a local
7 ordinance to give proof of his or her financial
8 responsibility as defined in Section 7-315 of the Illinois
9 Vehicle Code. The proof shall be maintained by the
10 individual in a manner satisfactory to the Secretary of State
11 for a minimum period of 3 years one year after the date the
12 proof is first filed. The proof shall be limited to a single
13 action per arrest and may not be affected by any
14 post-sentence disposition. The Secretary of State shall
15 suspend the driver's license of any person determined by the
16 Secretary to be in violation of this subsection.
17 (Source: P.A. 91-127, eff. 1-1-00; 91-696, eff. 4-13-00;
18 91-903, eff. 1-1-01; 92-282, eff. 8-7-01; 92-458, eff.
19 8-22-01; 92-651, eff. 7-11-02.)