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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Sexually Violent Persons Commitment Act is | ||||||
5 | amended by changing Sections 25 and 30 as follows: | ||||||
6 | (725 ILCS 207/25)
| ||||||
7 | Sec. 25. Rights of persons subject to petition.
| ||||||
8 | (a) Any person who is the subject of a petition filed under
| ||||||
9 | Section 15 of this Act shall be served with a copy of the
| ||||||
10 | petition in accordance with the Civil Practice Law.
| ||||||
11 | (b) The circuit court in which a petition under Section 15 | ||||||
12 | of
this Act is filed shall conduct all hearings under this Act. | ||||||
13 | The
court shall give the person who is the subject of the | ||||||
14 | petition
reasonable notice of the time and place of each such | ||||||
15 | hearing. The
court may designate additional persons to receive | ||||||
16 | these notices.
| ||||||
17 | (c) Except as provided in paragraph (b)(1) of Section 65 | ||||||
18 | and Section 70 of
this Act,
at any hearing conducted under this | ||||||
19 | Act, the person who is the
subject of the petition has the | ||||||
20 | right to :
| ||||||
21 | (1) To be present and to be represented by counsel. If | ||||||
22 | the person is
indigent, the court shall
appoint counsel.
| ||||||
23 | (2) To remain silent.
| ||||||
24 | (3) To present and cross-examine witnesses.
| ||||||
25 | (4) To have the hearing recorded by a court reporter.
| ||||||
26 | (d) The person who is the subject of the petition, the | ||||||
27 | person's
attorney, the Attorney General or the State's Attorney | ||||||
28 | may request
that a trial under Section 35 of this Act be to a | ||||||
29 | jury. A verdict
of a jury under this Act is not valid unless it | ||||||
30 | is unanimous.
| ||||||
31 | (e) Whenever the person who is the subject of the petition | ||||||
32 | is
required to submit to an examination under this Act, he or |
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| |||||||
1 | she may
retain experts or professional persons to perform an | ||||||
2 | examination.
The respondent's chosen evaluator must be | ||||||
3 | approved by the Sex
Offender Management Board and the | ||||||
4 | evaluation must be conducted in conformance
with the standards | ||||||
5 | developed under the Sex Offender Management Board
Act.
If the | ||||||
6 | person retains a qualified expert or professional person
of his | ||||||
7 | or her own choice to conduct an examination, the examiner
shall | ||||||
8 | have reasonable access to the person for the purpose of the
| ||||||
9 | examination, as well as to the person's past and present | ||||||
10 | treatment
records and patient health care records. If the | ||||||
11 | person is
indigent, the court shall, upon the person's request, | ||||||
12 | appoint a
qualified and available expert or professional person | ||||||
13 | to perform
an examination. Upon the order of the circuit court, | ||||||
14 | the county
shall pay, as part of the costs of the action, the | ||||||
15 | costs of a
court-appointed expert or professional person to | ||||||
16 | perform an
examination and participate in the trial on behalf | ||||||
17 | of an indigent
person.
| ||||||
18 | (Source: P.A. 93-616, eff. 1-1-04; revised 1-10-04.)
| ||||||
19 | (725 ILCS 207/30)
| ||||||
20 | Sec. 30. Detention; probable cause hearing; transfer for
| ||||||
21 | examination.
| ||||||
22 | (a) Upon the filing of a petition under Section 15 of this | ||||||
23 | Act,
the court shall review the petition to determine whether | ||||||
24 | to issue
an order for detention of the person who is the | ||||||
25 | subject of the
petition. The person shall be detained only if | ||||||
26 | there is cause to
believe that the person is eligible for | ||||||
27 | commitment under subsection (f) of
Section
35 of this Act. A | ||||||
28 | person detained under this Section shall be
held in a facility | ||||||
29 | approved by the Department. If the person is
serving a sentence | ||||||
30 | of imprisonment, is in a Department of
Corrections correctional | ||||||
31 | facility or juvenile correctional
facility or is committed to | ||||||
32 | institutional care, and the court
orders detention under this | ||||||
33 | Section, the court shall order that
the person be transferred | ||||||
34 | to a detention facility approved by the
Department. A detention | ||||||
35 | order under this Section remains in
effect until the person is |
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| |||||||
1 | discharged after a trial under Section
35 of this Act or until | ||||||
2 | the effective date of a commitment order
under Section 40 of | ||||||
3 | this Act, whichever is applicable.
| ||||||
4 | (b) Whenever a petition is filed under Section 15 of this | ||||||
5 | Act,
the court shall hold a hearing to determine whether there | ||||||
6 | is
probable cause to believe that the person named in the | ||||||
7 | petition is
a sexually violent person. If the person named in | ||||||
8 | the petition is
in custody, the court shall hold the probable | ||||||
9 | cause hearing within
72 hours after the petition is filed, | ||||||
10 | excluding Saturdays, Sundays
and legal holidays. The court may | ||||||
11 | grant a continuance of the probable cause
hearing for no more | ||||||
12 | than 7 additional days upon the motion of the respondent,
for | ||||||
13 | good cause. If the person named in the petition has been | ||||||
14 | released, is
on parole, is on mandatory supervised release, or | ||||||
15 | otherwise is not in
custody, the court shall hold the probable | ||||||
16 | cause hearing within a
reasonable time after the filing of the | ||||||
17 | petition.
At the probable cause hearing, the court shall admit | ||||||
18 | and consider all
relevant hearsay evidence.
| ||||||
19 | (c) If the court determines after a hearing that there is
| ||||||
20 | probable cause to believe that the person named in the petition | ||||||
21 | is
a sexually violent person, the court shall order that the | ||||||
22 | person
be taken into custody if he or she is not in custody and | ||||||
23 | shall
order the person to be transferred within a reasonable | ||||||
24 | time to an
appropriate facility for an evaluation as to whether | ||||||
25 | the person is
a sexually violent person.
If the person who is | ||||||
26 | named in the petition refuses to speak to, communicate
with, or | ||||||
27 | otherwise fails to cooperate with the examining evaluator from | ||||||
28 | the
Department of Human Services or the Department of | ||||||
29 | Corrections, that person may
only introduce evidence and | ||||||
30 | testimony from any expert or professional person
who is | ||||||
31 | retained or court-appointed to conduct an examination of the | ||||||
32 | person
that results from a review of the records and may not | ||||||
33 | introduce evidence
resulting from an examination of the person.
| ||||||
34 | Any evaluation conducted under this Section shall be by an | ||||||
35 | evaluator
approved by the Sex Offender Management Board and | ||||||
36 | conducted in conformance with
the standards developed under the |
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| |||||||
1 | Sex Offender Management Board Act.
Notwithstanding the | ||||||
2 | provisions of Section 10 of
the
Mental Health and Developmental | ||||||
3 | Disabilities Confidentiality Act, all
evaluations conducted | ||||||
4 | pursuant to this Act and all Illinois Department of
Corrections | ||||||
5 | treatment records shall be admissible at all proceedings held
| ||||||
6 | pursuant to this Act, including the probable cause hearing and | ||||||
7 | the trial.
| ||||||
8 | If the court determines that probable
cause does not exist | ||||||
9 | to believe that the person is a sexually
violent person, the | ||||||
10 | court shall dismiss the petition.
| ||||||
11 | (d) The Department shall promulgate rules that provide the
| ||||||
12 | qualifications for persons conducting evaluations under | ||||||
13 | subsection
(c) of this Section.
| ||||||
14 | (e) If the person named in the petition claims or appears | ||||||
15 | to be
indigent, the court shall, prior to the probable cause | ||||||
16 | hearing
under subsection (b) of this Section, appoint
counsel.
| ||||||
17 | (Source: P.A. 92-415, eff. 8-17-01; 93-616, eff. 1-1-04.)
| ||||||
18 | Section 10. The Unified Code of Corrections is amended by | ||||||
19 | changing Sections 5-3-1, 5-3-2, 5-3-4, 5-4-3.1, 5-6-3, and | ||||||
20 | 5-6-3.1 as follows: | ||||||
21 | (730 ILCS 5/5-3-1) (from Ch. 38, par. 1005-3-1)
| ||||||
22 | Sec. 5-3-1. Presentence Investigation. A defendant shall | ||||||
23 | not
be sentenced for a felony before a written presentence | ||||||
24 | report
of investigation is presented to and considered by the | ||||||
25 | court.
| ||||||
26 | However, other than for felony sex offenders being | ||||||
27 | considered for probation
in cases other than felony sex | ||||||
28 | offenses as defined in the Sex
Offender Management Board Act , | ||||||
29 | the court need not order a presentence report
of
investigation | ||||||
30 | where both parties agree to the imposition of
a specific | ||||||
31 | sentence, provided there is a finding made for the
record as to | ||||||
32 | the defendant's history of delinquency or criminality,
| ||||||
33 | including any previous sentence to a term of probation, | ||||||
34 | periodic
imprisonment, conditional discharge, or imprisonment.
|
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| |||||||
1 | The court may order a presentence investigation of any | ||||||
2 | defendant.
| ||||||
3 | (Source: P.A. 93-616, eff. 1-1-04.)
| ||||||
4 | (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
| ||||||
5 | Sec. 5-3-2. Presentence Report.
| ||||||
6 | (a) In felony cases, the presentence
report shall set | ||||||
7 | forth:
| ||||||
8 | (1) the defendant's history of delinquency or | ||||||
9 | criminality,
physical and mental history and condition, | ||||||
10 | family situation and
background, economic status, | ||||||
11 | education, occupation and personal habits;
| ||||||
12 | (2) information about special resources within the | ||||||
13 | community
which might be available to assist the | ||||||
14 | defendant's rehabilitation,
including treatment centers, | ||||||
15 | residential facilities, vocational
training services, | ||||||
16 | correctional manpower programs, employment
opportunities, | ||||||
17 | special educational programs, alcohol and drug
abuse | ||||||
18 | programming, psychiatric and marriage counseling, and | ||||||
19 | other
programs and facilities which could aid the | ||||||
20 | defendant's successful
reintegration into society;
| ||||||
21 | (3) the effect the offense committed has had upon the | ||||||
22 | victim or
victims thereof, and any compensatory benefit | ||||||
23 | that various
sentencing alternatives would confer on such | ||||||
24 | victim or victims;
| ||||||
25 | (4) information concerning the defendant's status | ||||||
26 | since arrest,
including his record if released on his own | ||||||
27 | recognizance, or the
defendant's achievement record if | ||||||
28 | released on a conditional
pre-trial supervision program;
| ||||||
29 | (5) when appropriate, a plan, based upon the personal, | ||||||
30 | economic
and social adjustment needs of the defendant, | ||||||
31 | utilizing public and
private community resources as an | ||||||
32 | alternative to institutional
sentencing;
| ||||||
33 | (6) any other matters that the investigatory officer | ||||||
34 | deems
relevant or the court directs to be included; and
| ||||||
35 | (7) information concerning defendant's eligibility for |
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| |||||||
1 | a sentence to a
county impact incarceration program under | ||||||
2 | Section 5-8-1.2 of this Code.
| ||||||
3 | (b) The investigation shall include a physical and mental
| ||||||
4 | examination of the defendant when so ordered by the court. If
| ||||||
5 | the court determines that such an examination should be made, | ||||||
6 | it
shall issue an order that the defendant submit to | ||||||
7 | examination at
such time and place as designated by the court | ||||||
8 | and that such
examination be conducted by a physician, | ||||||
9 | psychologist or
psychiatrist designated by the court. Such an | ||||||
10 | examination may
be conducted in a court clinic if so ordered by | ||||||
11 | the court. The
cost of such examination shall be paid by the | ||||||
12 | county in which
the trial is held.
| ||||||
13 | (b-5) In cases involving felony sex offenses in which the | ||||||
14 | offender is being considered for probation or any felony | ||||||
15 | offense that is
sexually motivated as defined in the Sex | ||||||
16 | Offender Management Board Act in which the offender is being | ||||||
17 | considered for probation , the
investigation shall include a sex | ||||||
18 | offender evaluation by an evaluator approved
by the Board and | ||||||
19 | conducted in conformance with the standards developed under
the | ||||||
20 | Sex Offender Management Board Act.
| ||||||
21 | (c) In misdemeanor, business offense or petty offense | ||||||
22 | cases, except as
specified in subsection (d) of this Section, | ||||||
23 | when a presentence report has
been ordered by the court, such | ||||||
24 | presentence report shall contain
information on the | ||||||
25 | defendant's history of delinquency or criminality and
shall | ||||||
26 | further contain only those matters listed in any of paragraphs | ||||||
27 | (1)
through (6) of subsection (a) or in subsection (b) of this | ||||||
28 | Section as are
specified by the court in its order for the | ||||||
29 | report.
| ||||||
30 | (d) In cases under Section 12-15 and Section 12-30 of the | ||||||
31 | Criminal
Code of 1961, as amended, the presentence report shall | ||||||
32 | set forth
information about alcohol, drug abuse, psychiatric, | ||||||
33 | and marriage counseling
or other treatment programs and | ||||||
34 | facilities, information on the defendant's
history of | ||||||
35 | delinquency or criminality, and shall contain those additional
| ||||||
36 | matters listed in any of paragraphs (1) through (6) of |
| |||||||
| |||||||
1 | subsection (a) or in
subsection (b) of this Section as are | ||||||
2 | specified by the court.
| ||||||
3 | (e) Nothing in this Section shall cause the defendant to be
| ||||||
4 | held without bail or to have his bail revoked for the purpose
| ||||||
5 | of preparing the presentence report or making an examination.
| ||||||
6 | (Source: P.A. 93-616, eff. 1-1-04.)
| ||||||
7 | (730 ILCS 5/5-3-4) (from Ch. 38, par. 1005-3-4)
| ||||||
8 | Sec. 5-3-4. Disclosure of Reports.
| ||||||
9 | (a) Any report made pursuant to this Article or Section | ||||||
10 | 5-705
of the Juvenile
Court Act of 1987 shall be filed of | ||||||
11 | record with the court in a sealed envelope.
| ||||||
12 | (b) Presentence reports shall be open for inspection only | ||||||
13 | as follows:
| ||||||
14 | (1) to the sentencing court;
| ||||||
15 | (2) to the state's attorney and the defendant's | ||||||
16 | attorney at least 3 days
prior to the imposition of | ||||||
17 | sentence, unless such 3 day requirement is waived;
| ||||||
18 | (3) to an appellate court in which the conviction or | ||||||
19 | sentence is subject
to review;
| ||||||
20 | (4) to any department, agency or institution to which | ||||||
21 | the defendant is
committed;
| ||||||
22 | (5) to any probation department of whom courtesy | ||||||
23 | probation is requested;
| ||||||
24 | (6) to any probation department assigned by a court of | ||||||
25 | lawful
jurisdiction to conduct a presentence report;
| ||||||
26 | (7) to any other person only as ordered by the court; | ||||||
27 | and
| ||||||
28 | (8) to any mental health professional on behalf of the | ||||||
29 | Illinois
Department
of Corrections or the Department of | ||||||
30 | Human Services or to a prosecutor who is
evaluating or | ||||||
31 | investigating a potential or actual petition brought under
| ||||||
32 | the Sexually Violent Persons Commitment Act relating to a | ||||||
33 | person who is the
subject of
a
presentence report or the | ||||||
34 | respondent to a petition brought under the
Sexually Violent | ||||||
35 | Persons Commitment Act who is the subject of the |
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| |||||||
1 | presentence
report sought.
Any records and any information | ||||||
2 | obtained from those records under this
paragraph (8) may be | ||||||
3 | used only in sexually violent persons commitment
| ||||||
4 | proceedings.
| ||||||
5 | (c) Presentence reports shall be filed of record with the | ||||||
6 | court within
60
30 days of a verdict or finding of guilty for | ||||||
7 | any offense involving an
illegal sexual act perpetrated upon a | ||||||
8 | victim, including but not limited to
offenses for violations of | ||||||
9 | Article 12 of the Criminal Code of 1961 , or any offense | ||||||
10 | determined by the court or the probation department to be | ||||||
11 | sexually motivated, as defined in the Sex Offender Management | ||||||
12 | Board Act .
| ||||||
13 | (d) A complaint, information or indictment shall not be | ||||||
14 | quashed or
dismissed nor shall any person in custody for an | ||||||
15 | offense be discharged from
custody because of noncompliance | ||||||
16 | with subsection (c) of this Section.
| ||||||
17 | (Source: P.A. 92-415, eff. 8-17-01.)
| ||||||
18 | (730 ILCS 5/5-4-3.1) (from Ch. 38, par. 1005-4-3.1)
| ||||||
19 | Sec. 5-4-3.1. Sentencing Hearing for Sex Offenses.
| ||||||
20 | (a) Except for good cause shown by written motion, any | ||||||
21 | person adjudged
guilty of any offense involving an illegal | ||||||
22 | sexual act perpetrated upon a
victim, including but not limited | ||||||
23 | to offenses for violations of Article 12
of the Criminal Code | ||||||
24 | of 1961, or any offense determined by the court or the | ||||||
25 | probation department to be sexually motivated, as defined in | ||||||
26 | the Sex Offender Management Board Act, shall be sentenced | ||||||
27 | within 65
45 days of a
verdict or finding of guilt for the | ||||||
28 | offense.
| ||||||
29 | (b) The court shall set the sentencing date at the time the | ||||||
30 | verdict or
finding of guilt is entered by the court.
| ||||||
31 | (c) Any motion for continuance shall be in writing and | ||||||
32 | supported by
affidavit and in compliance with Section 114-4 of | ||||||
33 | the Code of Criminal
Procedure of 1963, and the victim shall be | ||||||
34 | notified of the date and time of
hearing and shall be provided | ||||||
35 | an opportunity to address the court on the
impact the |
| |||||||
| |||||||
1 | continuance may have on the victim's well-being.
| ||||||
2 | (d) A complaint, information or indictment shall not be | ||||||
3 | quashed or
dismissed, nor shall any person in custody for an | ||||||
4 | offense be discharged
from custody because of non-compliance | ||||||
5 | with this Section.
| ||||||
6 | (Source: P.A. 87-900.)
| ||||||
7 | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
| ||||||
8 | (Text of Section from P.A. 93-475)
| ||||||
9 | Sec. 5-6-3. Conditions of Probation and of Conditional | ||||||
10 | Discharge.
| ||||||
11 | (a) The conditions of probation and of conditional | ||||||
12 | discharge shall be
that the person:
| ||||||
13 | (1) not violate any criminal statute of any | ||||||
14 | jurisdiction;
| ||||||
15 | (2) report to or appear in person before such person or | ||||||
16 | agency as
directed by the court;
| ||||||
17 | (3) refrain from possessing a firearm or other | ||||||
18 | dangerous weapon;
| ||||||
19 | (4) not leave the State without the consent of the | ||||||
20 | court or, in
circumstances in which the reason for the | ||||||
21 | absence is of such an emergency
nature that prior consent | ||||||
22 | by the court is not possible, without the prior
| ||||||
23 | notification and approval of the person's probation
| ||||||
24 | officer. Transfer of a person's probation or conditional | ||||||
25 | discharge
supervision to another state is subject to | ||||||
26 | acceptance by the other state
pursuant to the Interstate | ||||||
27 | Compact for Adult Offender Supervision;
| ||||||
28 | (5) permit the probation officer to visit
him at his | ||||||
29 | home or elsewhere
to the extent necessary to discharge his | ||||||
30 | duties;
| ||||||
31 | (6) perform no less than 30 hours of community service | ||||||
32 | and not more than
120 hours of community service, if | ||||||
33 | community service is available in the
jurisdiction and is | ||||||
34 | funded and approved by the county board where the offense
| ||||||
35 | was committed, where the offense was related to or in |
| |||||||
| |||||||
1 | furtherance of the
criminal activities of an organized gang | ||||||
2 | and was motivated by the offender's
membership in or | ||||||
3 | allegiance to an organized gang. The community service | ||||||
4 | shall
include, but not be limited to, the cleanup and | ||||||
5 | repair of any damage caused by
a violation of Section | ||||||
6 | 21-1.3 of the Criminal Code of 1961 and similar damage
to | ||||||
7 | property located within the municipality or county in which | ||||||
8 | the violation
occurred. When possible and reasonable, the | ||||||
9 | community service should be
performed in the offender's | ||||||
10 | neighborhood. For purposes of this Section,
"organized | ||||||
11 | gang" has the meaning ascribed to it in Section 10 of the | ||||||
12 | Illinois
Streetgang Terrorism Omnibus Prevention Act;
| ||||||
13 | (7) if he or she is at least 17 years of age and has | ||||||
14 | been sentenced to
probation or conditional discharge for a | ||||||
15 | misdemeanor or felony in a county of
3,000,000 or more | ||||||
16 | inhabitants and has not been previously convicted of a
| ||||||
17 | misdemeanor or felony, may be required by the sentencing | ||||||
18 | court to attend
educational courses designed to prepare the | ||||||
19 | defendant for a high school diploma
and to work toward a | ||||||
20 | high school diploma or to work toward passing the high
| ||||||
21 | school level Test of General Educational Development (GED) | ||||||
22 | or to work toward
completing a vocational training program | ||||||
23 | approved by the court. The person on
probation or | ||||||
24 | conditional discharge must attend a public institution of
| ||||||
25 | education to obtain the educational or vocational training | ||||||
26 | required by this
clause (7). The court shall revoke the | ||||||
27 | probation or conditional discharge of a
person who wilfully | ||||||
28 | fails to comply with this clause (7). The person on
| ||||||
29 | probation or conditional discharge shall be required to pay | ||||||
30 | for the cost of the
educational courses or GED test, if a | ||||||
31 | fee is charged for those courses or
test. The court shall | ||||||
32 | resentence the offender whose probation or conditional
| ||||||
33 | discharge has been revoked as provided in Section 5-6-4. | ||||||
34 | This clause (7) does
not apply to a person who has a high | ||||||
35 | school diploma or has successfully passed
the GED test. | ||||||
36 | This clause (7) does not apply to a person who is |
| |||||||
| |||||||
1 | determined by
the court to be developmentally disabled or | ||||||
2 | otherwise mentally incapable of
completing the educational | ||||||
3 | or vocational program;
| ||||||
4 | (8) if convicted of possession of a substance | ||||||
5 | prohibited
by the Cannabis Control Act or Illinois | ||||||
6 | Controlled Substances Act
after a previous conviction or | ||||||
7 | disposition of supervision for possession of a
substance | ||||||
8 | prohibited by the Cannabis Control Act or Illinois | ||||||
9 | Controlled
Substances Act or after a sentence of probation | ||||||
10 | under Section 10 of the
Cannabis
Control Act or Section 410 | ||||||
11 | of the Illinois Controlled Substances Act and upon a
| ||||||
12 | finding by the court that the person is addicted, undergo | ||||||
13 | treatment at a
substance abuse program approved by the | ||||||
14 | court; and
| ||||||
15 | (8.5) if convicted of a felony sex offense as defined | ||||||
16 | in the Sex
Offender
Management Board Act, the person shall | ||||||
17 | undergo and successfully complete sex
offender treatment | ||||||
18 | by a treatment provider approved by the Board and conducted
| ||||||
19 | in conformance with the standards developed under the Sex
| ||||||
20 | Offender Management Board Act; and
| ||||||
21 | (9) if convicted of a felony, physically surrender at a | ||||||
22 | time and place
designated by the court, his or her Firearm
| ||||||
23 | Owner's Identification Card and
any and all firearms in
his | ||||||
24 | or her possession.
| ||||||
25 | (b) The Court may in addition to other reasonable | ||||||
26 | conditions relating to the
nature of the offense or the | ||||||
27 | rehabilitation of the defendant as determined for
each | ||||||
28 | defendant in the proper discretion of the Court require that | ||||||
29 | the person:
| ||||||
30 | (1) serve a term of periodic imprisonment under Article | ||||||
31 | 7 for a
period not to exceed that specified in paragraph | ||||||
32 | (d) of Section 5-7-1;
| ||||||
33 | (2) pay a fine and costs;
| ||||||
34 | (3) work or pursue a course of study or vocational | ||||||
35 | training;
| ||||||
36 | (4) undergo medical, psychological or psychiatric |
| |||||||
| |||||||
1 | treatment; or treatment
for drug addiction or alcoholism;
| ||||||
2 | (5) attend or reside in a facility established for the | ||||||
3 | instruction
or residence of defendants on probation;
| ||||||
4 | (6) support his dependents;
| ||||||
5 | (7) and in addition, if a minor:
| ||||||
6 | (i) reside with his parents or in a foster home;
| ||||||
7 | (ii) attend school;
| ||||||
8 | (iii) attend a non-residential program for youth;
| ||||||
9 | (iv) contribute to his own support at home or in a | ||||||
10 | foster home;
| ||||||
11 | (v) with the consent of the superintendent of the
| ||||||
12 | facility, attend an educational program at a facility | ||||||
13 | other than the school
in which the
offense was | ||||||
14 | committed if he
or she is convicted of a crime of | ||||||
15 | violence as
defined in
Section 2 of the Crime Victims | ||||||
16 | Compensation Act committed in a school, on the
real
| ||||||
17 | property
comprising a school, or within 1,000 feet of | ||||||
18 | the real property comprising a
school;
| ||||||
19 | (8) make restitution as provided in Section 5-5-6 of | ||||||
20 | this Code;
| ||||||
21 | (9) perform some reasonable public or community | ||||||
22 | service;
| ||||||
23 | (10) serve a term of home confinement. In addition to | ||||||
24 | any other
applicable condition of probation or conditional | ||||||
25 | discharge, the
conditions of home confinement shall be that | ||||||
26 | the offender:
| ||||||
27 | (i) remain within the interior premises of the | ||||||
28 | place designated for
his confinement during the hours | ||||||
29 | designated by the court;
| ||||||
30 | (ii) admit any person or agent designated by the | ||||||
31 | court into the
offender's place of confinement at any | ||||||
32 | time for purposes of verifying
the offender's | ||||||
33 | compliance with the conditions of his confinement; and
| ||||||
34 | (iii) if further deemed necessary by the court or | ||||||
35 | the
Probation or
Court Services Department, be placed | ||||||
36 | on an approved
electronic monitoring device, subject |
| |||||||
| |||||||
1 | to Article 8A of Chapter V;
| ||||||
2 | (iv) for persons convicted of any alcohol, | ||||||
3 | cannabis or controlled
substance violation who are | ||||||
4 | placed on an approved monitoring device as a
condition | ||||||
5 | of probation or conditional discharge, the court shall | ||||||
6 | impose a
reasonable fee for each day of the use of the | ||||||
7 | device, as established by the
county board in | ||||||
8 | subsection (g) of this Section, unless after | ||||||
9 | determining the
inability of the offender to pay the | ||||||
10 | fee, the court assesses a lesser fee or no
fee as the | ||||||
11 | case may be. This fee shall be imposed in addition to | ||||||
12 | the fees
imposed under subsections (g) and (i) of this | ||||||
13 | Section. The fee shall be
collected by the clerk of the | ||||||
14 | circuit court. The clerk of the circuit
court shall pay | ||||||
15 | all monies collected from this fee to the county | ||||||
16 | treasurer
for deposit in the substance abuse services | ||||||
17 | fund under Section 5-1086.1 of
the Counties Code; and
| ||||||
18 | (v) for persons convicted of offenses other than | ||||||
19 | those referenced in
clause (iv) above and who are | ||||||
20 | placed on an approved monitoring device as a
condition | ||||||
21 | of probation or conditional discharge, the court shall | ||||||
22 | impose
a reasonable fee for each day of the use of the | ||||||
23 | device, as established by the
county board in | ||||||
24 | subsection (g) of this Section, unless after | ||||||
25 | determining the
inability of the defendant to pay the | ||||||
26 | fee, the court assesses a lesser fee or
no fee as the | ||||||
27 | case may be. This fee shall be imposed in addition to | ||||||
28 | the fees
imposed under subsections (g) and (i) of this | ||||||
29 | Section. The fee
shall be collected by the clerk of the | ||||||
30 | circuit court. The clerk of the circuit
court shall pay | ||||||
31 | all monies collected from this fee
to the county | ||||||
32 | treasurer who shall use the monies collected to defray | ||||||
33 | the
costs of corrections. The county treasurer shall | ||||||
34 | deposit the fee
collected in the county working cash | ||||||
35 | fund under Section 6-27001 or Section
6-29002 of the | ||||||
36 | Counties Code, as the case may be.
|
| |||||||
| |||||||
1 | (11) comply with the terms and conditions of an order | ||||||
2 | of protection issued
by the court pursuant to the Illinois | ||||||
3 | Domestic Violence Act of 1986,
as now or hereafter amended, | ||||||
4 | or an order of protection issued by the court of
another | ||||||
5 | state, tribe, or United States territory. A copy of the | ||||||
6 | order of
protection shall be
transmitted to the probation | ||||||
7 | officer or agency
having responsibility for the case;
| ||||||
8 | (12) reimburse any "local anti-crime program" as | ||||||
9 | defined in Section 7
of the Anti-Crime Advisory Council Act | ||||||
10 | for any reasonable expenses incurred
by the program on the | ||||||
11 | offender's case, not to exceed the maximum amount of
the | ||||||
12 | fine authorized for the offense for which the defendant was | ||||||
13 | sentenced;
| ||||||
14 | (13) contribute a reasonable sum of money, not to | ||||||
15 | exceed the maximum
amount of the fine authorized for the
| ||||||
16 | offense for which the defendant was sentenced, to a "local | ||||||
17 | anti-crime
program", as defined in Section 7 of the | ||||||
18 | Anti-Crime Advisory Council Act;
| ||||||
19 | (14) refrain from entering into a designated | ||||||
20 | geographic area except upon
such terms as the court finds | ||||||
21 | appropriate. Such terms may include
consideration of the | ||||||
22 | purpose of the entry, the time of day, other persons
| ||||||
23 | accompanying the defendant, and advance approval by a
| ||||||
24 | probation officer, if
the defendant has been placed on | ||||||
25 | probation or advance approval by the
court, if the | ||||||
26 | defendant was placed on conditional discharge;
| ||||||
27 | (15) refrain from having any contact, directly or | ||||||
28 | indirectly, with
certain specified persons or particular | ||||||
29 | types of persons, including but not
limited to members of | ||||||
30 | street gangs and drug users or dealers;
| ||||||
31 | (16) refrain from having in his or her body the | ||||||
32 | presence of any illicit
drug prohibited by the Cannabis | ||||||
33 | Control Act or the Illinois Controlled
Substances Act, | ||||||
34 | unless prescribed by a physician, and submit samples of
his | ||||||
35 | or her blood or urine or both for tests to determine the | ||||||
36 | presence of any
illicit drug.
|
| |||||||
| |||||||
1 | (c) The court may as a condition of probation or of | ||||||
2 | conditional
discharge require that a person under 18 years of | ||||||
3 | age found guilty of any
alcohol, cannabis or controlled | ||||||
4 | substance violation, refrain from acquiring
a driver's license | ||||||
5 | during
the period of probation or conditional discharge. If | ||||||
6 | such person
is in possession of a permit or license, the court | ||||||
7 | may require that
the minor refrain from driving or operating | ||||||
8 | any motor vehicle during the
period of probation or conditional | ||||||
9 | discharge, except as may be necessary in
the course of the | ||||||
10 | minor's lawful employment.
| ||||||
11 | (d) An offender sentenced to probation or to conditional | ||||||
12 | discharge
shall be given a certificate setting forth the | ||||||
13 | conditions thereof.
| ||||||
14 | (e) Except where the offender has committed a fourth or | ||||||
15 | subsequent
violation of subsection (c) of Section 6-303 of the | ||||||
16 | Illinois Vehicle Code,
the court shall not require as a | ||||||
17 | condition of the sentence of
probation or conditional discharge | ||||||
18 | that the offender be committed to a
period of imprisonment in | ||||||
19 | excess of 6 months.
This 6 month limit shall not include | ||||||
20 | periods of confinement given pursuant to
a sentence of county | ||||||
21 | impact incarceration under Section 5-8-1.2.
This 6 month limit | ||||||
22 | does not apply to a person sentenced to probation as a
result | ||||||
23 | of a conviction of a fourth or subsequent violation of | ||||||
24 | subsection (c-4)
of Section 11-501 of the Illinois Vehicle Code | ||||||
25 | or a similar provision of a
local ordinance.
| ||||||
26 | Persons committed to imprisonment as a condition of | ||||||
27 | probation or
conditional discharge shall not be committed to | ||||||
28 | the Department of
Corrections.
| ||||||
29 | (f) The court may combine a sentence of periodic | ||||||
30 | imprisonment under
Article 7 or a sentence to a county impact | ||||||
31 | incarceration program under
Article 8 with a sentence of | ||||||
32 | probation or conditional discharge.
| ||||||
33 | (g) An offender sentenced to probation or to conditional | ||||||
34 | discharge and
who during the term of either undergoes mandatory | ||||||
35 | drug or alcohol testing,
or both, or is assigned to be placed | ||||||
36 | on an approved electronic monitoring
device, shall be ordered |
| |||||||
| |||||||
1 | to pay all costs incidental to such mandatory drug
or alcohol | ||||||
2 | testing, or both, and all costs
incidental to such approved | ||||||
3 | electronic monitoring in accordance with the
defendant's | ||||||
4 | ability to pay those costs. The county board with
the | ||||||
5 | concurrence of the Chief Judge of the judicial
circuit in which | ||||||
6 | the county is located shall establish reasonable fees for
the | ||||||
7 | cost of maintenance, testing, and incidental expenses related | ||||||
8 | to the
mandatory drug or alcohol testing, or both, and all | ||||||
9 | costs incidental to
approved electronic monitoring, involved | ||||||
10 | in a successful probation program
for the county. The | ||||||
11 | concurrence of the Chief Judge shall be in the form of
an | ||||||
12 | administrative order.
The fees shall be collected by the clerk | ||||||
13 | of the circuit court. The clerk of
the circuit court shall pay | ||||||
14 | all moneys collected from these fees to the county
treasurer | ||||||
15 | who shall use the moneys collected to defray the costs of
drug | ||||||
16 | testing, alcohol testing, and electronic monitoring.
The | ||||||
17 | county treasurer shall deposit the fees collected in the
county | ||||||
18 | working cash fund under Section 6-27001 or Section 6-29002 of | ||||||
19 | the
Counties Code, as the case may be.
| ||||||
20 | (h) Jurisdiction over an offender may be transferred from | ||||||
21 | the
sentencing court to the court of another circuit with the | ||||||
22 | concurrence of
both courts. Further transfers or retransfers of
| ||||||
23 | jurisdiction are also
authorized in the same manner. The court | ||||||
24 | to which jurisdiction has been
transferred shall have the same | ||||||
25 | powers as the sentencing court.
| ||||||
26 | (i) The court shall impose upon an offender
sentenced to | ||||||
27 | probation after January 1, 1989 or to conditional discharge
| ||||||
28 | after January 1, 1992 or to community service under the | ||||||
29 | supervision of a
probation or court services department after | ||||||
30 | January 1, 2004, as a condition
of such probation or | ||||||
31 | conditional
discharge
or supervised community service, a fee of | ||||||
32 | $50 for each month of probation or
conditional
discharge | ||||||
33 | supervision or supervised community service ordered by the | ||||||
34 | court,
unless after
determining the inability of the person | ||||||
35 | sentenced to probation or conditional
discharge or supervised | ||||||
36 | community service to pay the
fee, the court assesses a lesser |
| |||||||
| |||||||
1 | fee. The court may not impose the fee on a
minor who is made a | ||||||
2 | ward of the State under the Juvenile Court Act of 1987
while | ||||||
3 | the minor is in placement.
The fee shall be imposed only upon
| ||||||
4 | an offender who is actively supervised by the
probation and | ||||||
5 | court services
department. The fee shall be collected by the | ||||||
6 | clerk
of the circuit court. The clerk of the circuit court | ||||||
7 | shall pay all monies
collected from this fee to the county | ||||||
8 | treasurer for deposit in the
probation and court services fund | ||||||
9 | under Section 15.1 of the
Probation and Probation Officers Act.
| ||||||
10 | A circuit court may not impose a probation fee under this | ||||||
11 | subsection (i) in excess of $25
per month unless: (1) the | ||||||
12 | circuit court has adopted, by administrative
order issued by | ||||||
13 | the chief judge, a standard probation fee guide
determining an | ||||||
14 | offender's ability to pay, under guidelines developed by
the | ||||||
15 | Administrative
Office of the Illinois Courts; and (2) the | ||||||
16 | circuit court has authorized, by
administrative order issued by | ||||||
17 | the chief judge, the creation of a Crime
Victim's Services | ||||||
18 | Fund, to be administered by the Chief Judge or his or
her | ||||||
19 | designee, for services to crime victims and their families. Of | ||||||
20 | the
amount collected as a probation fee, up to
not to exceed $5 | ||||||
21 | of that fee
collected per month may be used to provide services | ||||||
22 | to crime victims
and their families. | ||||||
23 | This amendatory Act of the 93rd General Assembly deletes | ||||||
24 | the $10 increase in the fee under this subsection that was | ||||||
25 | imposed by Public Act 93-616. This deletion is intended to | ||||||
26 | control over any other Act of the 93rd General Assembly that | ||||||
27 | retains or incorporates that fee increase.
| ||||||
28 | (i-5) In addition to the fees imposed under subsection (i) | ||||||
29 | of this Section, in the case of an offender convicted of a | ||||||
30 | felony sex offense (as defined in the Sex Offender Management | ||||||
31 | Board Act) or an offense that the court or probation department | ||||||
32 | has determined to be sexually motivated (as defined in the Sex | ||||||
33 | Offender Management Board Act), the court or the probation | ||||||
34 | department shall assess additional fees to pay for all costs of | ||||||
35 | treatment, assessment, evaluation for risk and treatment, and | ||||||
36 | monitoring the offender, based on that offender's ability to |
| |||||||
| |||||||
1 | pay those costs either as they occur or under a payment plan.
| ||||||
2 | (j) All fines and costs imposed under this Section for any | ||||||
3 | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
4 | Code, or a similar
provision of a local ordinance, and any | ||||||
5 | violation of the Child Passenger
Protection Act, or a similar | ||||||
6 | provision of a local ordinance, shall be
collected and | ||||||
7 | disbursed by the circuit clerk as provided under Section 27.5
| ||||||
8 | of the Clerks of Courts Act.
| ||||||
9 | (k) Any offender who is sentenced to probation or | ||||||
10 | conditional discharge for a felony sex offense as defined in | ||||||
11 | the Sex Offender Management Board Act or any offense that the | ||||||
12 | court or probation department has determined to be sexually | ||||||
13 | motivated as defined in the Sex Offender Management Board Act | ||||||
14 | shall be required to refrain from any contact, directly or | ||||||
15 | indirectly, with any persons specified by the court and shall | ||||||
16 | be available for all evaluations and treatment programs | ||||||
17 | required by the court or the probation department.
| ||||||
18 | (Source: P.A. 92-282, eff. 8-7-01; 92-340, eff. 8-10-01; | ||||||
19 | 92-418, eff.
8-17-01;
92-442, eff. 8-17-01; 92-571, eff. | ||||||
20 | 6-26-02; 92-651, eff. 7-11-02; 93-475, eff.
8-8-03.)
| ||||||
21 | (Text of Section from P.A. 93-616) | ||||||
22 | Sec. 5-6-3. Conditions of Probation and of Conditional | ||||||
23 | Discharge.
| ||||||
24 | (a) The conditions of probation and of conditional | ||||||
25 | discharge shall be
that the person:
| ||||||
26 | (1) not violate any criminal statute of any | ||||||
27 | jurisdiction;
| ||||||
28 | (2) report to or appear in person before such person or | ||||||
29 | agency as
directed by the court;
| ||||||
30 | (3) refrain from possessing a firearm or other | ||||||
31 | dangerous weapon;
| ||||||
32 | (4) not leave the State without the consent of the | ||||||
33 | court or, in
circumstances in which the reason for the | ||||||
34 | absence is of such an emergency
nature that prior consent | ||||||
35 | by the court is not possible, without the prior
|
| |||||||
| |||||||
1 | notification and approval of the person's probation
| ||||||
2 | officer. Transfer of a person's probation or conditional | ||||||
3 | discharge
supervision to another state is subject to | ||||||
4 | acceptance by the other state
pursuant to the Interstate | ||||||
5 | Compact for Adult Offender Supervision;
| ||||||
6 | (5) permit the probation officer to visit
him at his | ||||||
7 | home or elsewhere
to the extent necessary to discharge his | ||||||
8 | duties;
| ||||||
9 | (6) perform no less than 30 hours of community service | ||||||
10 | and not more than
120 hours of community service, if | ||||||
11 | community service is available in the
jurisdiction and is | ||||||
12 | funded and approved by the county board where the offense
| ||||||
13 | was committed, where the offense was related to or in | ||||||
14 | furtherance of the
criminal activities of an organized gang | ||||||
15 | and was motivated by the offender's
membership in or | ||||||
16 | allegiance to an organized gang. The community service | ||||||
17 | shall
include, but not be limited to, the cleanup and | ||||||
18 | repair of any damage caused by
a violation of Section | ||||||
19 | 21-1.3 of the Criminal Code of 1961 and similar damage
to | ||||||
20 | property located within the municipality or county in which | ||||||
21 | the violation
occurred. When possible and reasonable, the | ||||||
22 | community service should be
performed in the offender's | ||||||
23 | neighborhood. For purposes of this Section,
"organized | ||||||
24 | gang" has the meaning ascribed to it in Section 10 of the | ||||||
25 | Illinois
Streetgang Terrorism Omnibus Prevention Act;
| ||||||
26 | (7) if he or she is at least 17 years of age and has | ||||||
27 | been sentenced to
probation or conditional discharge for a | ||||||
28 | misdemeanor or felony in a county of
3,000,000 or more | ||||||
29 | inhabitants and has not been previously convicted of a
| ||||||
30 | misdemeanor or felony, may be required by the sentencing | ||||||
31 | court to attend
educational courses designed to prepare the | ||||||
32 | defendant for a high school diploma
and to work toward a | ||||||
33 | high school diploma or to work toward passing the high
| ||||||
34 | school level Test of General Educational Development (GED) | ||||||
35 | or to work toward
completing a vocational training program | ||||||
36 | approved by the court. The person on
probation or |
| |||||||
| |||||||
1 | conditional discharge must attend a public institution of
| ||||||
2 | education to obtain the educational or vocational training | ||||||
3 | required by this
clause (7). The court shall revoke the | ||||||
4 | probation or conditional discharge of a
person who wilfully | ||||||
5 | fails to comply with this clause (7). The person on
| ||||||
6 | probation or conditional discharge shall be required to pay | ||||||
7 | for the cost of the
educational courses or GED test, if a | ||||||
8 | fee is charged for those courses or
test. The court shall | ||||||
9 | resentence the offender whose probation or conditional
| ||||||
10 | discharge has been revoked as provided in Section 5-6-4. | ||||||
11 | This clause (7) does
not apply to a person who has a high | ||||||
12 | school diploma or has successfully passed
the GED test. | ||||||
13 | This clause (7) does not apply to a person who is | ||||||
14 | determined by
the court to be developmentally disabled or | ||||||
15 | otherwise mentally incapable of
completing the educational | ||||||
16 | or vocational program;
| ||||||
17 | (8) if convicted of possession of a substance | ||||||
18 | prohibited
by the Cannabis Control Act or Illinois | ||||||
19 | Controlled Substances Act
after a previous conviction or | ||||||
20 | disposition of supervision for possession of a
substance | ||||||
21 | prohibited by the Cannabis Control Act or Illinois | ||||||
22 | Controlled
Substances Act or after a sentence of probation | ||||||
23 | under Section 10 of the
Cannabis
Control Act or Section 410 | ||||||
24 | of the Illinois Controlled Substances Act and upon a
| ||||||
25 | finding by the court that the person is addicted, undergo | ||||||
26 | treatment at a
substance abuse program approved by the | ||||||
27 | court;
| ||||||
28 | (8.5) if convicted of a felony sex offense as defined | ||||||
29 | in the Sex
Offender
Management Board Act, the person shall | ||||||
30 | undergo and successfully complete sex
offender treatment | ||||||
31 | by a treatment provider approved by the Board and conducted
| ||||||
32 | in conformance with the standards developed under the Sex
| ||||||
33 | Offender Management Board Act; and
| ||||||
34 | (9) if convicted of a felony, physically surrender at a | ||||||
35 | time and place
designated by the court, his or her Firearm
| ||||||
36 | Owner's Identification Card and
any and all firearms in
his |
| |||||||
| |||||||
1 | or her possession.
| ||||||
2 | (b) The Court may in addition to other reasonable | ||||||
3 | conditions relating to the
nature of the offense or the | ||||||
4 | rehabilitation of the defendant as determined for
each | ||||||
5 | defendant in the proper discretion of the Court require that | ||||||
6 | the person:
| ||||||
7 | (1) serve a term of periodic imprisonment under Article | ||||||
8 | 7 for a
period not to exceed that specified in paragraph | ||||||
9 | (d) of Section 5-7-1;
| ||||||
10 | (2) pay a fine and costs;
| ||||||
11 | (3) work or pursue a course of study or vocational | ||||||
12 | training;
| ||||||
13 | (4) undergo medical, psychological or psychiatric | ||||||
14 | treatment; or treatment
for drug addiction or alcoholism;
| ||||||
15 | (5) attend or reside in a facility established for the | ||||||
16 | instruction
or residence of defendants on probation;
| ||||||
17 | (6) support his dependents;
| ||||||
18 | (7) and in addition, if a minor:
| ||||||
19 | (i) reside with his parents or in a foster home;
| ||||||
20 | (ii) attend school;
| ||||||
21 | (iii) attend a non-residential program for youth;
| ||||||
22 | (iv) contribute to his own support at home or in a | ||||||
23 | foster home;
| ||||||
24 | (v) with the consent of the superintendent of the
| ||||||
25 | facility, attend an educational program at a facility | ||||||
26 | other than the school
in which the
offense was | ||||||
27 | committed if he
or she is convicted of a crime of | ||||||
28 | violence as
defined in
Section 2 of the Crime Victims | ||||||
29 | Compensation Act committed in a school, on the
real
| ||||||
30 | property
comprising a school, or within 1,000 feet of | ||||||
31 | the real property comprising a
school;
| ||||||
32 | (8) make restitution as provided in Section 5-5-6 of | ||||||
33 | this Code;
| ||||||
34 | (9) perform some reasonable public or community | ||||||
35 | service;
| ||||||
36 | (10) serve a term of home confinement. In addition to |
| |||||||
| |||||||
1 | any other
applicable condition of probation or conditional | ||||||
2 | discharge, the
conditions of home confinement shall be that | ||||||
3 | the offender:
| ||||||
4 | (i) remain within the interior premises of the | ||||||
5 | place designated for
his confinement during the hours | ||||||
6 | designated by the court;
| ||||||
7 | (ii) admit any person or agent designated by the | ||||||
8 | court into the
offender's place of confinement at any | ||||||
9 | time for purposes of verifying
the offender's | ||||||
10 | compliance with the conditions of his confinement; and
| ||||||
11 | (iii) if further deemed necessary by the court or | ||||||
12 | the
Probation or
Court Services Department, be placed | ||||||
13 | on an approved
electronic monitoring device, subject | ||||||
14 | to Article 8A of Chapter V;
| ||||||
15 | (iv) for persons convicted of any alcohol, | ||||||
16 | cannabis or controlled
substance violation who are | ||||||
17 | placed on an approved monitoring device as a
condition | ||||||
18 | of probation or conditional discharge, the court shall | ||||||
19 | impose a
reasonable fee for each day of the use of the | ||||||
20 | device, as established by the
county board in | ||||||
21 | subsection (g) of this Section, unless after | ||||||
22 | determining the
inability of the offender to pay the | ||||||
23 | fee, the court assesses a lesser fee or no
fee as the | ||||||
24 | case may be. This fee shall be imposed in addition to | ||||||
25 | the fees
imposed under subsections (g) and (i) of this | ||||||
26 | Section. The fee shall be
collected by the clerk of the | ||||||
27 | circuit court. The clerk of the circuit
court shall pay | ||||||
28 | all monies collected from this fee to the county | ||||||
29 | treasurer
for deposit in the substance abuse services | ||||||
30 | fund under Section 5-1086.1 of
the Counties Code; and
| ||||||
31 | (v) for persons convicted of offenses other than | ||||||
32 | those referenced in
clause (iv) above and who are | ||||||
33 | placed on an approved monitoring device as a
condition | ||||||
34 | of probation or conditional discharge, the court shall | ||||||
35 | impose
a reasonable fee for each day of the use of the | ||||||
36 | device, as established by the
county board in |
| |||||||
| |||||||
1 | subsection (g) of this Section, unless after | ||||||
2 | determining the
inability of the defendant to pay the | ||||||
3 | fee, the court assesses a lesser fee or
no fee as the | ||||||
4 | case may be. This fee shall be imposed in addition to | ||||||
5 | the fees
imposed under subsections (g) and (i) of this | ||||||
6 | Section. The fee
shall be collected by the clerk of the | ||||||
7 | circuit court. The clerk of the circuit
court shall pay | ||||||
8 | all monies collected from this fee
to the county | ||||||
9 | treasurer who shall use the monies collected to defray | ||||||
10 | the
costs of corrections. The county treasurer shall | ||||||
11 | deposit the fee
collected in the county working cash | ||||||
12 | fund under Section 6-27001 or Section
6-29002 of the | ||||||
13 | Counties Code, as the case may be.
| ||||||
14 | (11) comply with the terms and conditions of an order | ||||||
15 | of protection issued
by the court pursuant to the Illinois | ||||||
16 | Domestic Violence Act of 1986,
as now or hereafter amended, | ||||||
17 | or an order of protection issued by the court of
another | ||||||
18 | state, tribe, or United States territory. A copy of the | ||||||
19 | order of
protection shall be
transmitted to the probation | ||||||
20 | officer or agency
having responsibility for the case;
| ||||||
21 | (12) reimburse any "local anti-crime program" as | ||||||
22 | defined in Section 7
of the Anti-Crime Advisory Council Act | ||||||
23 | for any reasonable expenses incurred
by the program on the | ||||||
24 | offender's case, not to exceed the maximum amount of
the | ||||||
25 | fine authorized for the offense for which the defendant was | ||||||
26 | sentenced;
| ||||||
27 | (13) contribute a reasonable sum of money, not to | ||||||
28 | exceed the maximum
amount of the fine authorized for the
| ||||||
29 | offense for which the defendant was sentenced, to a "local | ||||||
30 | anti-crime
program", as defined in Section 7 of the | ||||||
31 | Anti-Crime Advisory Council Act;
| ||||||
32 | (14) refrain from entering into a designated | ||||||
33 | geographic area except upon
such terms as the court finds | ||||||
34 | appropriate. Such terms may include
consideration of the | ||||||
35 | purpose of the entry, the time of day, other persons
| ||||||
36 | accompanying the defendant, and advance approval by a
|
| |||||||
| |||||||
1 | probation officer, if
the defendant has been placed on | ||||||
2 | probation or advance approval by the
court, if the | ||||||
3 | defendant was placed on conditional discharge;
| ||||||
4 | (15) refrain from having any contact, directly or | ||||||
5 | indirectly, with
certain specified persons or particular | ||||||
6 | types of persons, including but not
limited to members of | ||||||
7 | street gangs and drug users or dealers;
| ||||||
8 | (16) refrain from having in his or her body the | ||||||
9 | presence of any illicit
drug prohibited by the Cannabis | ||||||
10 | Control Act or the Illinois Controlled
Substances Act, | ||||||
11 | unless prescribed by a physician, and submit samples of
his | ||||||
12 | or her blood or urine or both for tests to determine the | ||||||
13 | presence of any
illicit drug.
| ||||||
14 | (c) The court may as a condition of probation or of | ||||||
15 | conditional
discharge require that a person under 18 years of | ||||||
16 | age found guilty of any
alcohol, cannabis or controlled | ||||||
17 | substance violation, refrain from acquiring
a driver's license | ||||||
18 | during
the period of probation or conditional discharge. If | ||||||
19 | such person
is in possession of a permit or license, the court | ||||||
20 | may require that
the minor refrain from driving or operating | ||||||
21 | any motor vehicle during the
period of probation or conditional | ||||||
22 | discharge, except as may be necessary in
the course of the | ||||||
23 | minor's lawful employment.
| ||||||
24 | (d) An offender sentenced to probation or to conditional | ||||||
25 | discharge
shall be given a certificate setting forth the | ||||||
26 | conditions thereof.
| ||||||
27 | (e) Except where the offender has committed a fourth or | ||||||
28 | subsequent
violation of subsection (c) of Section 6-303 of the | ||||||
29 | Illinois Vehicle Code,
the court shall not require as a | ||||||
30 | condition of the sentence of
probation or conditional discharge | ||||||
31 | that the offender be committed to a
period of imprisonment in | ||||||
32 | excess of 6 months.
This 6 month limit shall not include | ||||||
33 | periods of confinement given pursuant to
a sentence of county | ||||||
34 | impact incarceration under Section 5-8-1.2.
This 6 month limit | ||||||
35 | does not apply to a person sentenced to probation as a
result | ||||||
36 | of a conviction of a fourth or subsequent violation of |
| |||||||
| |||||||
1 | subsection (c-4)
of Section 11-501 of the Illinois Vehicle Code | ||||||
2 | or a similar provision of a
local ordinance.
| ||||||
3 | Persons committed to imprisonment as a condition of | ||||||
4 | probation or
conditional discharge shall not be committed to | ||||||
5 | the Department of
Corrections.
| ||||||
6 | (f) The court may combine a sentence of periodic | ||||||
7 | imprisonment under
Article 7 or a sentence to a county impact | ||||||
8 | incarceration program under
Article 8 with a sentence of | ||||||
9 | probation or conditional discharge.
| ||||||
10 | (g) An offender sentenced to probation or to conditional | ||||||
11 | discharge and
who during the term of either undergoes mandatory | ||||||
12 | drug or alcohol testing,
or both, or is assigned to be placed | ||||||
13 | on an approved electronic monitoring
device, shall be ordered | ||||||
14 | to pay all costs incidental to such mandatory drug
or alcohol | ||||||
15 | testing, or both, and all costs
incidental to such approved | ||||||
16 | electronic monitoring in accordance with the
defendant's | ||||||
17 | ability to pay those costs. The county board with
the | ||||||
18 | concurrence of the Chief Judge of the judicial
circuit in which | ||||||
19 | the county is located shall establish reasonable fees for
the | ||||||
20 | cost of maintenance, testing, and incidental expenses related | ||||||
21 | to the
mandatory drug or alcohol testing, or both, and all | ||||||
22 | costs incidental to
approved electronic monitoring, involved | ||||||
23 | in a successful probation program
for the county. The | ||||||
24 | concurrence of the Chief Judge shall be in the form of
an | ||||||
25 | administrative order.
The fees shall be collected by the clerk | ||||||
26 | of the circuit court. The clerk of
the circuit court shall pay | ||||||
27 | all moneys collected from these fees to the county
treasurer | ||||||
28 | who shall use the moneys collected to defray the costs of
drug | ||||||
29 | testing, alcohol testing, and electronic monitoring.
The | ||||||
30 | county treasurer shall deposit the fees collected in the
county | ||||||
31 | working cash fund under Section 6-27001 or Section 6-29002 of | ||||||
32 | the
Counties Code, as the case may be.
| ||||||
33 | (h) Jurisdiction over an offender may be transferred from | ||||||
34 | the
sentencing court to the court of another circuit with the | ||||||
35 | concurrence of
both courts. Further transfers or retransfers of
| ||||||
36 | jurisdiction are also
authorized in the same manner. The court |
| |||||||
| |||||||
1 | to which jurisdiction has been
transferred shall have the same | ||||||
2 | powers as the sentencing court.
| ||||||
3 | (i) The court shall impose upon an offender
sentenced to | ||||||
4 | probation after January 1, 1989 or to conditional discharge
| ||||||
5 | after January 1, 1992 or to community service under the | ||||||
6 | supervision of a
probation or court services department after | ||||||
7 | January 1, 2004 , as a condition of such probation or | ||||||
8 | conditional
discharge or supervised community service , a fee of | ||||||
9 | $50
$35
for each month of probation or
conditional
discharge | ||||||
10 | supervision or supervised community service ordered by the | ||||||
11 | court, unless after
determining the inability of the person | ||||||
12 | sentenced to probation or conditional
discharge or supervised | ||||||
13 | community service to pay the
fee, the court assesses a lesser | ||||||
14 | fee. The court may not impose the fee on a
minor who is made a | ||||||
15 | ward of the State under the Juvenile Court Act of 1987
while | ||||||
16 | the minor is in placement.
The fee shall be imposed only upon
| ||||||
17 | an offender who is actively supervised by the
probation and | ||||||
18 | court services
department. The fee shall be collected by the | ||||||
19 | clerk
of the circuit court. The clerk of the circuit court | ||||||
20 | shall pay all monies
deposit the first
$25
collected from this | ||||||
21 | fee to the county treasurer for deposit in the
probation and | ||||||
22 | court services fund under Section 15.1 of the
Probation and | ||||||
23 | Probation Officers Act.
| ||||||
24 | A circuit court may not impose a probation fee under this | ||||||
25 | subsection (i) in excess of $25
per month unless: (1) the | ||||||
26 | circuit court has adopted, by administrative
order issued by | ||||||
27 | the chief judge, a standard probation fee guide
determining an | ||||||
28 | offender's ability to pay, under guidelines developed by
the | ||||||
29 | Administrative
Office of the Illinois Courts; and (2) the | ||||||
30 | circuit court has authorized, by
administrative order issued by | ||||||
31 | the chief judge, the creation of a Crime
Victim's Services | ||||||
32 | Fund, to be administered by the Chief Judge or his or
her | ||||||
33 | designee, for services to crime victims and their families. Of | ||||||
34 | the
amount collected as a probation fee, up to $5 of that fee
| ||||||
35 | collected per month may be used to provide services to crime | ||||||
36 | victims
and their families.
|
| |||||||
| |||||||
1 | This amendatory Act of the 93rd General Assembly deletes | ||||||
2 | the $10 increase in the fee under this subsection that was | ||||||
3 | imposed by Public Act 93-616. This deletion is intended to | ||||||
4 | control over any other Act of the 93rd General Assembly that | ||||||
5 | retains or incorporates that fee increase.
The clerk of the | ||||||
6 | court shall deposit $10 collected from this fee into the Sex
| ||||||
7 | Offender Management Board Fund under Section 19 of the Sex | ||||||
8 | Offender Management
Board Act. Money deposited into the Sex | ||||||
9 | Offender Management Board Fund shall
be administered by the Sex | ||||||
10 | Offender Management Board and be used to fund
practices | ||||||
11 | endorsed or required under the Sex Offender Management Board | ||||||
12 | Act,
including but not limited to sex offender evaluation, | ||||||
13 | treatment, and
monitoring programs that are or may be developed | ||||||
14 | by the agency providing
supervision, the Department of | ||||||
15 | Corrections or the Department of Human
Services. This Fund | ||||||
16 | shall also be used for administrative costs, including
staff, | ||||||
17 | incurred by the Board. | ||||||
18 | (i-5) In addition to the fees imposed under subsection (i) | ||||||
19 | of this Section, in the case of an offender convicted of a | ||||||
20 | felony sex offense (as defined in the Sex Offender Management | ||||||
21 | Board Act) or an offense that the court or probation department | ||||||
22 | has determined to be sexually motivated (as defined in the Sex | ||||||
23 | Offender Management Board Act), the court or the probation | ||||||
24 | department shall assess additional fees to pay for all costs of | ||||||
25 | treatment, assessment, evaluation for risk and treatment, and | ||||||
26 | monitoring the offender, based on that offender's ability to | ||||||
27 | pay those costs either as they occur or under a payment plan. | ||||||
28 | (j) All fines and costs imposed under this Section for any | ||||||
29 | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
30 | Code, or a similar
provision of a local ordinance, and any | ||||||
31 | violation of the Child Passenger
Protection Act, or a similar | ||||||
32 | provision of a local ordinance, shall be
collected and | ||||||
33 | disbursed by the circuit clerk as provided under Section 27.5
| ||||||
34 | of the Clerks of Courts Act.
| ||||||
35 | (k) Any offender who is sentenced to probation or | ||||||
36 | conditional discharge for a felony sex offense as defined in |
| |||||||
| |||||||
1 | the Sex Offender Management Board Act or any offense that the | ||||||
2 | court or probation department has determined to be sexually | ||||||
3 | motivated as defined in the Sex Offender Management Board Act | ||||||
4 | shall be required to refrain from any contact, directly or | ||||||
5 | indirectly, with any persons specified by the court and shall | ||||||
6 | be available for all evaluations and treatment programs | ||||||
7 | required by the court or the probation department.
| ||||||
8 | (Source: P.A. 92-282, eff. 8-7-01; 92-340, eff. 8-10-01; | ||||||
9 | 92-418, eff. 8-17-01; 92-442, eff. 8-17-01; 92-571, eff. | ||||||
10 | 6-26-02; 92-651, eff. 7-11-02; 93-616, eff. 1-1-04.)
| ||||||
11 | (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
| ||||||
12 | Sec. 5-6-3.1. Incidents and Conditions of Supervision.
| ||||||
13 | (a) When a defendant is placed on supervision, the court | ||||||
14 | shall enter
an order for supervision specifying the period of | ||||||
15 | such supervision, and
shall defer further proceedings in the | ||||||
16 | case until the conclusion of the
period.
| ||||||
17 | (b) The period of supervision shall be reasonable under all | ||||||
18 | of the
circumstances of the case, but may not be longer than 2 | ||||||
19 | years, unless the
defendant has failed to pay the assessment | ||||||
20 | required by Section 10.3 of the
Cannabis Control Act or Section | ||||||
21 | 411.2 of the Illinois Controlled
Substances Act, in which case | ||||||
22 | the court may extend supervision beyond 2 years.
Additionally, | ||||||
23 | the court shall order the defendant to perform no less than 30
| ||||||
24 | hours of community service and not more than 120 hours of | ||||||
25 | community service, if
community service is available in the
| ||||||
26 | jurisdiction and is funded and approved by the county board | ||||||
27 | where the offense
was committed,
when the offense (1) was
| ||||||
28 | related to or in furtherance of the criminal activities of an | ||||||
29 | organized gang or
was motivated by the defendant's membership | ||||||
30 | in or allegiance to an organized
gang; or (2) is a violation of | ||||||
31 | any Section of Article 24 of the Criminal
Code of 1961 where a | ||||||
32 | disposition of supervision is not prohibited by Section
5-6-1 | ||||||
33 | of this Code.
The
community service shall include, but not be | ||||||
34 | limited to, the cleanup and repair
of any damage caused by | ||||||
35 | violation of Section 21-1.3 of the Criminal Code of
1961 and |
| |||||||
| |||||||
1 | similar damages to property located within the municipality or | ||||||
2 | county
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 the | ||||||
6 | meaning ascribed to it in Section 10 of the
Illinois Streetgang | ||||||
7 | 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 order | ||||||
16 | 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 the | ||||||
23 | 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 home;
| ||||||
29 | (ii) attend school;
| ||||||
30 | (iii) attend a non-residential program for youth;
| ||||||
31 | (iv) contribute to his own support at home or in a | ||||||
32 | foster home; or
| ||||||
33 | (v) with the consent of the superintendent of the
| ||||||
34 | facility, attend an educational program at a facility | ||||||
35 | other than the school
in which the
offense was | ||||||
36 | committed if he
or she is placed on supervision for a |
| |||||||
| |||||||
1 | crime of violence as
defined in
Section 2 of the Crime | ||||||
2 | Victims Compensation Act committed in a school, on the
| ||||||
3 | real
property
comprising a school, or within 1,000 feet | ||||||
4 | of the real property comprising a
school;
| ||||||
5 | (9) make restitution or reparation in an amount not to | ||||||
6 | exceed actual
loss or damage to property and pecuniary loss | ||||||
7 | or make restitution under Section
5-5-6 to a domestic | ||||||
8 | violence shelter. The court shall
determine the amount and | ||||||
9 | conditions of payment;
| ||||||
10 | (10) perform some reasonable public or community | ||||||
11 | service;
| ||||||
12 | (11) comply with the terms and conditions of an order | ||||||
13 | of protection
issued by the court pursuant to the Illinois | ||||||
14 | Domestic Violence Act of 1986 or
an order of protection | ||||||
15 | issued by the court of another state, tribe, or United
| ||||||
16 | States territory.
If the court has ordered the defendant to | ||||||
17 | make a report and appear in
person under paragraph (1) of | ||||||
18 | this subsection, a copy of the order of
protection shall be | ||||||
19 | transmitted to the person or agency so designated
by the | ||||||
20 | court;
| ||||||
21 | (12) reimburse any "local anti-crime program" as | ||||||
22 | defined in Section 7 of
the Anti-Crime Advisory Council Act | ||||||
23 | for any reasonable expenses incurred by the
program on the | ||||||
24 | offender's case, not to exceed the maximum amount of the
| ||||||
25 | fine authorized for the offense for which the defendant was | ||||||
26 | sentenced;
| ||||||
27 | (13) contribute a reasonable sum of money, not to
| ||||||
28 | exceed the maximum amount of the fine authorized for the | ||||||
29 | offense for which
the defendant was sentenced, to a "local | ||||||
30 | anti-crime program", as defined
in Section 7 of the | ||||||
31 | Anti-Crime Advisory Council Act;
| ||||||
32 | (14) refrain from entering into a designated | ||||||
33 | geographic area except
upon such terms as the court finds | ||||||
34 | appropriate. Such terms may include
consideration of the | ||||||
35 | purpose of the entry, the time of day, other persons
| ||||||
36 | accompanying the defendant, and advance approval by a |
| |||||||
| |||||||
1 | probation officer;
| ||||||
2 | (15) refrain from having any contact, directly or | ||||||
3 | indirectly, with
certain specified persons or particular | ||||||
4 | types of person, including but not
limited to members of | ||||||
5 | street gangs and drug users or dealers;
| ||||||
6 | (16) refrain from having in his or her body the | ||||||
7 | presence of any illicit
drug prohibited by the Cannabis | ||||||
8 | Control Act or the Illinois Controlled
Substances Act, | ||||||
9 | unless prescribed by a physician, and submit samples of
his | ||||||
10 | or her blood or urine or both for tests to determine the | ||||||
11 | presence of any
illicit drug;
| ||||||
12 | (17) refrain from operating any motor vehicle not | ||||||
13 | equipped with an
ignition interlock device as defined in | ||||||
14 | Section 1-129.1 of the Illinois
Vehicle Code. Under this | ||||||
15 | condition the court may allow a defendant who is not
| ||||||
16 | self-employed to operate a vehicle owned by the defendant's | ||||||
17 | employer that is
not equipped with an ignition interlock | ||||||
18 | device in the course and scope of the
defendant's | ||||||
19 | employment.
| ||||||
20 | (d) The court shall defer entering any judgment on the | ||||||
21 | charges
until the conclusion of the supervision.
| ||||||
22 | (e) At the conclusion of the period of supervision, if the | ||||||
23 | court
determines that the defendant has successfully complied | ||||||
24 | with all of the
conditions of supervision, the court shall | ||||||
25 | discharge the defendant and
enter a judgment dismissing the | ||||||
26 | charges.
| ||||||
27 | (f) Discharge and dismissal upon a successful conclusion of | ||||||
28 | a
disposition of supervision shall be deemed without | ||||||
29 | adjudication of guilt
and shall not be termed a conviction for | ||||||
30 | purposes of disqualification or
disabilities imposed by law | ||||||
31 | upon conviction of a crime. Two years after the
discharge and | ||||||
32 | dismissal under this Section, unless the disposition of
| ||||||
33 | supervision was for a violation of Sections 3-707, 3-708, | ||||||
34 | 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | ||||||
35 | similar
provision of a local ordinance, or for a violation of | ||||||
36 | Sections 12-3.2
or 16A-3 of the Criminal Code of 1961, in which |
| |||||||
| |||||||
1 | case it shall be 5
years after discharge and dismissal, a | ||||||
2 | person may have his record
of arrest sealed or expunged as may | ||||||
3 | be provided by law. However, any
defendant placed on | ||||||
4 | supervision before January 1, 1980, may move for
sealing or | ||||||
5 | expungement of his arrest record, as provided by law, at any
| ||||||
6 | time after discharge and dismissal under this Section.
A person | ||||||
7 | placed on supervision for a sexual offense committed against a | ||||||
8 | minor
as defined in subsection (g) of Section 5 of the Criminal | ||||||
9 | Identification Act
or for a violation of Section 11-501 of the | ||||||
10 | Illinois Vehicle Code or a
similar provision of a local | ||||||
11 | ordinance
shall not have his or her record of arrest sealed or | ||||||
12 | expunged.
| ||||||
13 | (g) A defendant placed on supervision and who during the | ||||||
14 | period of
supervision undergoes mandatory drug or alcohol | ||||||
15 | testing, or both, or is
assigned to be placed on an approved | ||||||
16 | electronic monitoring device, shall be
ordered to pay the costs | ||||||
17 | incidental to such mandatory drug or alcohol
testing, or both, | ||||||
18 | and costs incidental to such approved electronic
monitoring in | ||||||
19 | accordance with the defendant's ability to pay those costs.
The | ||||||
20 | county board with the concurrence of the Chief Judge of the | ||||||
21 | judicial
circuit in which the county is located shall establish | ||||||
22 | reasonable fees for
the cost of maintenance, testing, and | ||||||
23 | incidental expenses related to the
mandatory drug or alcohol | ||||||
24 | testing, or both, and all costs incidental to
approved | ||||||
25 | electronic monitoring, of all defendants placed on | ||||||
26 | supervision.
The concurrence of the Chief Judge shall be in the | ||||||
27 | form of an
administrative order.
The fees shall be collected by | ||||||
28 | the clerk of the circuit court. The clerk of
the circuit court | ||||||
29 | shall pay all moneys collected from these fees to the county
| ||||||
30 | treasurer who shall use the moneys collected to defray the | ||||||
31 | costs of
drug testing, alcohol testing, and electronic | ||||||
32 | monitoring.
The county treasurer shall deposit the fees | ||||||
33 | collected in the
county working cash fund under Section 6-27001 | ||||||
34 | or Section 6-29002 of the
Counties Code, as the case may be.
| ||||||
35 | (h) A disposition of supervision is a final order for the | ||||||
36 | purposes
of appeal.
|
| |||||||
| |||||||
1 | (i) The court shall impose upon a defendant placed on | ||||||
2 | supervision
after January 1, 1992 or to community service under | ||||||
3 | the supervision of a
probation or court services department | ||||||
4 | after January 1, 2004, as a condition
of supervision or | ||||||
5 | supervised community service, a fee of $50 for
each month of | ||||||
6 | supervision or supervised community service ordered by the
| ||||||
7 | court, unless after
determining the inability of the person | ||||||
8 | placed on supervision or supervised
community service to pay | ||||||
9 | the
fee, the court assesses a lesser fee. The court may not | ||||||
10 | impose the fee on a
minor who is made a ward of the State under | ||||||
11 | the Juvenile Court Act of 1987
while the minor is in placement.
| ||||||
12 | The fee shall be imposed only upon a
defendant who is actively | ||||||
13 | supervised by the
probation and court services
department. The | ||||||
14 | fee shall be collected by the clerk of the circuit court.
The | ||||||
15 | clerk of the circuit court shall pay all monies collected from | ||||||
16 | this fee
to the county treasurer for deposit in the probation | ||||||
17 | and court services
fund pursuant to Section 15.1 of the | ||||||
18 | Probation and
Probation Officers Act.
| ||||||
19 | A circuit court may not impose a probation fee in excess of | ||||||
20 | $25
per month unless: (1) the circuit court has adopted, by | ||||||
21 | administrative
order issued by the chief judge, a standard | ||||||
22 | probation fee guide
determining an offender's ability to pay, | ||||||
23 | under guidelines developed by
the Administrative
Office of the | ||||||
24 | Illinois Courts; and (2) the circuit court has authorized, by
| ||||||
25 | administrative order issued by the chief judge, the creation of | ||||||
26 | a Crime
Victim's Services Fund, to be administered by the Chief | ||||||
27 | Judge or his or
her designee, for services to crime victims and | ||||||
28 | their families. Of the
amount collected as a probation fee, not | ||||||
29 | to exceed $5 of that fee
collected per month may be used to | ||||||
30 | provide services to crime victims
and their families.
| ||||||
31 | (j) All fines and costs imposed under this Section for any
| ||||||
32 | violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
33 | Code, or a
similar provision of a local ordinance, and any | ||||||
34 | violation of the Child
Passenger Protection Act, or a similar | ||||||
35 | provision of a local ordinance, shall
be collected and | ||||||
36 | disbursed by the circuit clerk as provided under Section
27.5 |
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| |||||||
1 | of the Clerks of Courts Act.
| ||||||
2 | (k) A defendant at least 17 years of age who is placed on | ||||||
3 | supervision
for a misdemeanor in a county of 3,000,000 or more | ||||||
4 | inhabitants
and who has not been previously convicted of a | ||||||
5 | 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 the | ||||||
18 | supervision of a person who wilfully fails
to comply with this | ||||||
19 | subsection (k). The court shall resentence the defendant
upon | ||||||
20 | revocation of supervision as provided in Section 5-6-4. This | ||||||
21 | subsection
(k) does not apply to a defendant who has a high | ||||||
22 | school diploma or has
successfully passed the GED test. This | ||||||
23 | subsection (k) does not apply to a
defendant who is determined | ||||||
24 | by the court to be developmentally disabled or
otherwise | ||||||
25 | mentally incapable of completing the
educational or vocational | ||||||
26 | 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 after | ||||||
35 | a finding by the court that the person is addicted, to undergo
| ||||||
36 | treatment at a substance abuse program approved by the court.
|
| |||||||
| |||||||
1 | (m) The Secretary of State shall require anyone placed on | ||||||
2 | court supervision
for a
violation of Section 3-707 of the | ||||||
3 | Illinois Vehicle Code or a similar provision
of a local | ||||||
4 | ordinance
to give proof of his or her financial
responsibility | ||||||
5 | as
defined in Section 7-315 of the Illinois Vehicle Code. The | ||||||
6 | proof shall be
maintained by the individual in a manner | ||||||
7 | satisfactory to the Secretary of State
for
a
minimum period of | ||||||
8 | one year after the date the proof is first filed.
The proof | ||||||
9 | shall be limited to a single action per arrest and may not be
| ||||||
10 | affected by any post-sentence disposition. The Secretary of | ||||||
11 | State shall
suspend the driver's license of any person
| ||||||
12 | determined by the Secretary to be in violation of this | ||||||
13 | subsection. | ||||||
14 | (n) Any offender placed on supervision for any offense that | ||||||
15 | the court or probation department has determined to be sexually | ||||||
16 | motivated as defined in the Sex Offender Management Board Act | ||||||
17 | shall be required to refrain from any contact, directly or | ||||||
18 | indirectly, with any persons specified by the court and shall | ||||||
19 | be available for all evaluations and treatment programs | ||||||
20 | required by the court or the probation department.
| ||||||
21 | (Source: P.A. 92-282, eff. 8-7-01; 92-458, eff. 8-22-01; | ||||||
22 | 92-651, eff.
7-11-02; 93-475, eff. 8-8-03.)
| ||||||
23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.
|