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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,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Unified Code of Corrections is amended by | ||||||
5 | changing Sections 3-3-7 and 5-6-3 as follows: | ||||||
6 | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | ||||||
7 | Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | ||||||
8 | Release.
| ||||||
9 | (a) The conditions of parole or mandatory
supervised | ||||||
10 | release shall be such as the Prisoner Review
Board deems | ||||||
11 | necessary to assist the subject in leading a
law-abiding life. | ||||||
12 | The conditions of every parole and mandatory
supervised release | ||||||
13 | are that the subject:
| ||||||
14 | (1) not violate any criminal statute of any | ||||||
15 | jurisdiction
during the parole or release term;
| ||||||
16 | (2) refrain from possessing a firearm or other | ||||||
17 | dangerous
weapon;
| ||||||
18 | (3) report to an agent of the Department of | ||||||
19 | Corrections;
| ||||||
20 | (4) permit the agent to visit him or her at his or her | ||||||
21 | home, employment,
or
elsewhere to the
extent necessary for | ||||||
22 | the agent to discharge his or her duties;
| ||||||
23 | (5) attend or reside in a facility established for the |
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| |||||||
1 | instruction or
residence
of persons on
parole or mandatory | ||||||
2 | supervised release;
| ||||||
3 | (6) secure permission before visiting or writing a | ||||||
4 | committed person in an
Illinois Department
of Corrections | ||||||
5 | facility;
| ||||||
6 | (7) report all arrests to an agent of the Department of | ||||||
7 | Corrections as
soon as
permitted by the
arresting authority | ||||||
8 | but in no event later than 24 hours after release from
| ||||||
9 | custody;
| ||||||
10 | (7.5) if convicted of a sex offense as defined in the | ||||||
11 | Sex Offender
Management Board Act, the individual shall | ||||||
12 | undergo and successfully complete
sex offender treatment | ||||||
13 | conducted in conformance with the standards developed by
| ||||||
14 | the Sex
Offender Management Board Act by a treatment | ||||||
15 | provider approved by the Board;
| ||||||
16 | (7.6) if convicted of a sex offense as defined in the | ||||||
17 | Sex Offender
Management Board Act, refrain from residing at | ||||||
18 | the same address or in the same condominium unit or | ||||||
19 | apartment unit or in the same condominium complex or | ||||||
20 | apartment complex with another person he or she knows or | ||||||
21 | reasonably should know is a convicted sex offender or has | ||||||
22 | been placed on supervision for a sex offense; the | ||||||
23 | provisions of this paragraph do not apply to a person | ||||||
24 | convicted of a sex offense who is placed in a Department of | ||||||
25 | Corrections licensed transitional housing facility for sex | ||||||
26 | offenders, or is in any facility operated or licensed by |
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| |||||||
1 | the Department of Children and Family Services or by the | ||||||
2 | Department of Human Services, or is in any licensed medical | ||||||
3 | facility;
| ||||||
4 | (7.7) if convicted for an offense that would qualify | ||||||
5 | the accused as a sexual predator under the Sex Offender | ||||||
6 | Registration Act on or after the effective date of this | ||||||
7 | amendatory Act of the 94th General Assembly, wear an | ||||||
8 | approved electronic monitoring device as defined in | ||||||
9 | Section 5-8A-2 for the duration of the person's parole, | ||||||
10 | mandatory supervised release term, or extended mandatory | ||||||
11 | supervised release term, provided funding is appropriated | ||||||
12 | by the General Assembly;
| ||||||
13 | (7.8) if convicted of any of the following offenses | ||||||
14 | committed on or after the effective date of this amendatory | ||||||
15 | Act of the 95th General Assembly when the victim was under | ||||||
16 | 18 years of age at the time of the commission of the | ||||||
17 | offense and the defendant used force or the threat of force | ||||||
18 | in the commission of the offense: criminal sexual assault, | ||||||
19 | aggravated criminal sexual assault, predatory criminal | ||||||
20 | sexual assault of a child, criminal sexual abuse, or | ||||||
21 | aggravated criminal sexual abuse, wear an approved | ||||||
22 | electronic monitoring device as defined in Section 5-8A-2 | ||||||
23 | that has Global Positioning System (GPS) capability for the | ||||||
24 | duration of the defendant's natural life;
| ||||||
25 | (8) obtain permission of an agent of the Department of | ||||||
26 | Corrections before
leaving the
State of Illinois;
|
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| |||||||
1 | (9) obtain permission of an agent of the Department of | ||||||
2 | Corrections before
changing
his or her residence or | ||||||
3 | employment;
| ||||||
4 | (10) consent to a search of his or her person, | ||||||
5 | property, or residence
under his or her
control;
| ||||||
6 | (11) refrain from the use or possession of narcotics or | ||||||
7 | other controlled
substances in
any form, or both, or any | ||||||
8 | paraphernalia related to those substances and submit
to a
| ||||||
9 | urinalysis test as instructed by a parole agent of the | ||||||
10 | Department of
Corrections;
| ||||||
11 | (12) not frequent places where controlled substances | ||||||
12 | are illegally sold,
used,
distributed, or administered;
| ||||||
13 | (13) not knowingly associate with other persons on | ||||||
14 | parole or mandatory
supervised
release without prior | ||||||
15 | written permission of his or her parole agent and not
| ||||||
16 | associate with
persons who are members of an organized gang | ||||||
17 | as that term is defined in the
Illinois
Streetgang | ||||||
18 | Terrorism Omnibus Prevention Act;
| ||||||
19 | (14) provide true and accurate information, as it | ||||||
20 | relates to his or her
adjustment in the
community while on | ||||||
21 | parole or mandatory supervised release or to his or her
| ||||||
22 | conduct
while incarcerated, in response to inquiries by his | ||||||
23 | or her parole agent or of
the
Department of Corrections;
| ||||||
24 | (15) follow any specific instructions provided by the | ||||||
25 | parole agent that
are consistent
with furthering | ||||||
26 | conditions set and approved by the Prisoner Review Board or |
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1 | by
law,
exclusive of placement on electronic detention, to | ||||||
2 | achieve the goals and
objectives of his
or her parole or | ||||||
3 | mandatory supervised release or to protect the public. | ||||||
4 | These
instructions by the parole agent may be modified at | ||||||
5 | any time, as the agent
deems
appropriate; and
| ||||||
6 | (16) if convicted of a sex offense as defined in | ||||||
7 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
8 | offender is a parent or guardian of the person under 18 | ||||||
9 | years of age present in the home and no non-familial minors | ||||||
10 | are present, not participate in a holiday event involving | ||||||
11 | children under 18 years of age, such as distributing candy | ||||||
12 | or other items to children on Halloween, wearing a Santa | ||||||
13 | Claus costume on or preceding Christmas, being employed as | ||||||
14 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
15 | costume on or preceding Easter. | ||||||
16 | (b) The Board may in addition to other conditions
require | ||||||
17 | that the subject:
| ||||||
18 | (1) work or pursue a course of study or vocational | ||||||
19 | training;
| ||||||
20 | (2) undergo medical or psychiatric treatment, or | ||||||
21 | treatment
for drug addiction or alcoholism;
| ||||||
22 | (3) attend or reside in a facility established for the
| ||||||
23 | instruction or residence of persons on probation or parole;
| ||||||
24 | (4) support his dependents;
| ||||||
25 | (5) (blank);
| ||||||
26 | (6) (blank);
|
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| |||||||
1 | (7) comply with the terms and conditions of an order of | ||||||
2 | protection
issued pursuant to the Illinois Domestic | ||||||
3 | Violence Act of 1986, enacted by the
84th General Assembly, | ||||||
4 | or an order of protection issued by the court of another
| ||||||
5 | state, tribe, or United States territory; and
| ||||||
6 | (8) in addition, if a minor:
| ||||||
7 | (i) reside with his parents or in a foster home;
| ||||||
8 | (ii) attend school;
| ||||||
9 | (iii) attend a non-residential program for youth; | ||||||
10 | or
| ||||||
11 | (iv) contribute to his own support at home or in a | ||||||
12 | foster
home.
| ||||||
13 | (b-1) In addition to the conditions set forth in | ||||||
14 | subsections (a) and (b), persons required to register as sex | ||||||
15 | offenders pursuant to the Sex Offender Registration Act, upon | ||||||
16 | release from the custody of the Illinois Department of | ||||||
17 | Corrections, may be required by the Board to comply with the | ||||||
18 | following specific conditions of release: | ||||||
19 | (1) reside only at a Department approved location; | ||||||
20 | (2) comply with all requirements of the Sex Offender | ||||||
21 | Registration Act;
| ||||||
22 | (3) notify
third parties of the risks that may be | ||||||
23 | occasioned by his or her criminal record; | ||||||
24 | (4) obtain the approval of an agent of the Department | ||||||
25 | of Corrections prior to accepting employment or pursuing a | ||||||
26 | course of study or vocational training and notify the |
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| |||||||
1 | Department prior to any change in employment, study, or | ||||||
2 | training; | ||||||
3 | (5) not be employed or participate in any
volunteer | ||||||
4 | activity that involves contact with children, except under | ||||||
5 | circumstances approved in advance and in writing by an | ||||||
6 | agent of the Department of Corrections; | ||||||
7 | (6) be electronically monitored for a minimum of 12 | ||||||
8 | months from the date of release as determined by the Board;
| ||||||
9 | (7) refrain from entering into a designated
geographic | ||||||
10 | area except upon terms approved in advance by an agent of | ||||||
11 | the Department of Corrections. The terms may include | ||||||
12 | consideration of the purpose of the entry, the time of day, | ||||||
13 | and others accompanying the person; | ||||||
14 | (8) refrain from having any contact, including
written | ||||||
15 | or oral communications, directly or indirectly, personally | ||||||
16 | or by telephone, letter, or through a third party with | ||||||
17 | certain specified persons including, but not limited to, | ||||||
18 | the victim or the victim's family without the prior written | ||||||
19 | approval of an agent of the Department of Corrections; | ||||||
20 | (9) refrain from all contact, directly or
indirectly, | ||||||
21 | personally, by telephone, letter, or through a third party, | ||||||
22 | with minor children without prior identification and | ||||||
23 | approval of an agent of the Department of Corrections; | ||||||
24 | (10) neither possess or have under his or her
control | ||||||
25 | any material that is sexually oriented, sexually | ||||||
26 | stimulating, or that shows male or female sex organs or any |
| |||||||
| |||||||
1 | pictures depicting children under 18 years of age nude or | ||||||
2 | any written or audio material describing sexual | ||||||
3 | intercourse or that depicts or alludes to sexual activity, | ||||||
4 | including but not limited to visual, auditory, telephonic, | ||||||
5 | or electronic media, or any matter obtained through access | ||||||
6 | to any computer or material linked to computer access use; | ||||||
7 | (11) not patronize any business providing
sexually | ||||||
8 | stimulating or sexually oriented entertainment nor utilize | ||||||
9 | "900" or adult telephone numbers; | ||||||
10 | (12) not reside near, visit, or be in or about
parks, | ||||||
11 | schools, day care centers, swimming pools, beaches, | ||||||
12 | theaters, or any other places where minor children | ||||||
13 | congregate without advance approval of an agent of the | ||||||
14 | Department of Corrections and immediately report any | ||||||
15 | incidental contact with minor children to the Department; | ||||||
16 | (13) not possess or have under his or her control
| ||||||
17 | certain specified items of contraband related to the | ||||||
18 | incidence of sexually offending as determined by an agent | ||||||
19 | of the Department of Corrections; | ||||||
20 | (14) may be required to provide a written daily log of | ||||||
21 | activities
if directed by an agent of the Department of | ||||||
22 | Corrections; | ||||||
23 | (15) comply with all other special conditions
that the | ||||||
24 | Department may impose that restrict the person from | ||||||
25 | high-risk situations and limit access to potential | ||||||
26 | victims. |
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1 | (c) The conditions under which the parole or mandatory
| ||||||
2 | supervised release is to be served shall be communicated to
the | ||||||
3 | person in writing prior to his release, and he shall
sign the | ||||||
4 | same before release. A signed copy of these conditions,
| ||||||
5 | including a copy of an order of protection where one had been | ||||||
6 | issued by the
criminal court, shall be retained by the person | ||||||
7 | and another copy forwarded to
the officer in charge of his | ||||||
8 | supervision.
| ||||||
9 | (d) After a hearing under Section 3-3-9, the Prisoner
| ||||||
10 | Review Board may modify or enlarge the conditions of parole
or | ||||||
11 | mandatory supervised release.
| ||||||
12 | (e) The Department shall inform all offenders committed to
| ||||||
13 | the Department of the optional services available to them
upon | ||||||
14 | release and shall assist inmates in availing themselves
of such | ||||||
15 | optional services upon their release on a voluntary
basis.
| ||||||
16 | (Source: P.A. 93-616, eff. 1-1-04; 93-865, eff. 1-1-05; 94-159, | ||||||
17 | eff. 7-11-05; 94-161, eff. 7-11-05; 94-988, eff. 1-1-07.)
| ||||||
18 | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
| ||||||
19 | Sec. 5-6-3. Conditions of Probation and of Conditional | ||||||
20 | Discharge.
| ||||||
21 | (a) The conditions of probation and of conditional | ||||||
22 | discharge shall be
that the person:
| ||||||
23 | (1) not violate any criminal statute of any | ||||||
24 | jurisdiction;
| ||||||
25 | (2) report to or appear in person before such person or |
| |||||||
| |||||||
1 | agency as
directed by the court;
| ||||||
2 | (3) refrain from possessing a firearm or other | ||||||
3 | dangerous weapon;
| ||||||
4 | (4) not leave the State without the consent of the | ||||||
5 | court or, in
circumstances in which the reason for the | ||||||
6 | absence is of such an emergency
nature that prior consent | ||||||
7 | by the court is not possible, without the prior
| ||||||
8 | notification and approval of the person's probation
| ||||||
9 | officer. Transfer of a person's probation or conditional | ||||||
10 | discharge
supervision to another state is subject to | ||||||
11 | acceptance by the other state
pursuant to the Interstate | ||||||
12 | Compact for Adult Offender Supervision;
| ||||||
13 | (5) permit the probation officer to visit
him at his | ||||||
14 | home or elsewhere
to the extent necessary to discharge his | ||||||
15 | duties;
| ||||||
16 | (6) perform no less than 30 hours of community service | ||||||
17 | and not more than
120 hours of community service, if | ||||||
18 | community service is available in the
jurisdiction and is | ||||||
19 | funded and approved by the county board where the offense
| ||||||
20 | was committed, where the offense was related to or in | ||||||
21 | furtherance of the
criminal activities of an organized gang | ||||||
22 | and was motivated by the offender's
membership in or | ||||||
23 | allegiance to an organized gang. The community service | ||||||
24 | shall
include, but not be limited to, the cleanup and | ||||||
25 | repair of any damage caused by
a violation of Section | ||||||
26 | 21-1.3 of the Criminal Code of 1961 and similar damage
to |
| |||||||
| |||||||
1 | property located within the municipality or county in which | ||||||
2 | the violation
occurred. When possible and reasonable, the | ||||||
3 | community service should be
performed in the offender's | ||||||
4 | neighborhood. For purposes of this Section,
"organized | ||||||
5 | gang" has the meaning ascribed to it in Section 10 of the | ||||||
6 | Illinois
Streetgang Terrorism Omnibus Prevention Act;
| ||||||
7 | (7) if he or she is at least 17 years of age and has | ||||||
8 | been sentenced to
probation or conditional discharge for a | ||||||
9 | misdemeanor or felony in a county of
3,000,000 or more | ||||||
10 | inhabitants and has not been previously convicted of a
| ||||||
11 | misdemeanor or felony, may be required by the sentencing | ||||||
12 | court to attend
educational courses designed to prepare the | ||||||
13 | defendant for a high school diploma
and to work toward a | ||||||
14 | high school diploma or to work toward passing the high
| ||||||
15 | school level Test of General Educational Development (GED) | ||||||
16 | or to work toward
completing a vocational training program | ||||||
17 | approved by the court. The person on
probation or | ||||||
18 | conditional discharge must attend a public institution of
| ||||||
19 | education to obtain the educational or vocational training | ||||||
20 | required by this
clause (7). The court shall revoke the | ||||||
21 | probation or conditional discharge of a
person who wilfully | ||||||
22 | fails to comply with this clause (7). The person on
| ||||||
23 | probation or conditional discharge shall be required to pay | ||||||
24 | for the cost of the
educational courses or GED test, if a | ||||||
25 | fee is charged for those courses or
test. The court shall | ||||||
26 | resentence the offender whose probation or conditional
|
| |||||||
| |||||||
1 | discharge has been revoked as provided in Section 5-6-4. | ||||||
2 | This clause (7) does
not apply to a person who has a high | ||||||
3 | school diploma or has successfully passed
the GED test. | ||||||
4 | This clause (7) does not apply to a person who is | ||||||
5 | determined by
the court to be developmentally disabled or | ||||||
6 | otherwise mentally incapable of
completing the educational | ||||||
7 | or vocational program;
| ||||||
8 | (8) if convicted of possession of a substance | ||||||
9 | prohibited
by the Cannabis Control Act, the Illinois | ||||||
10 | Controlled Substances Act, or the Methamphetamine Control | ||||||
11 | and Community Protection Act
after a previous conviction or | ||||||
12 | disposition of supervision for possession of a
substance | ||||||
13 | prohibited by the Cannabis Control Act or Illinois | ||||||
14 | Controlled
Substances Act or after a sentence of probation | ||||||
15 | under Section 10 of the
Cannabis
Control Act, Section 410 | ||||||
16 | of the Illinois Controlled Substances Act, or Section 70 of | ||||||
17 | the Methamphetamine Control and Community Protection Act | ||||||
18 | and upon a
finding by the court that the person is | ||||||
19 | addicted, undergo treatment at a
substance abuse program | ||||||
20 | approved by the court;
| ||||||
21 | (8.5) if convicted of a felony sex offense as defined | ||||||
22 | in the Sex
Offender
Management Board Act, the person shall | ||||||
23 | undergo and successfully complete sex
offender treatment | ||||||
24 | by a treatment provider approved by the Board and conducted
| ||||||
25 | in conformance with the standards developed under the Sex
| ||||||
26 | Offender Management Board Act;
|
| |||||||
| |||||||
1 | (8.6) if convicted of a sex offense as defined in the | ||||||
2 | Sex Offender Management Board Act, refrain from residing at | ||||||
3 | the same address or in the same condominium unit or | ||||||
4 | apartment unit or in the same condominium complex or | ||||||
5 | apartment complex with another person he or she knows or | ||||||
6 | reasonably should know is a convicted sex offender or has | ||||||
7 | been placed on supervision for a sex offense; the | ||||||
8 | provisions of this paragraph do not apply to a person | ||||||
9 | convicted of a sex offense who is placed in a Department of | ||||||
10 | Corrections licensed transitional housing facility for sex | ||||||
11 | offenders; and | ||||||
12 | (8.7) if convicted of any of the following offenses | ||||||
13 | committed on or after the effective date of this amendatory | ||||||
14 | Act of the 95th General Assembly when the victim was under | ||||||
15 | 18 years of age at the time of the commission of the | ||||||
16 | offense and the defendant used force or the threat of force | ||||||
17 | in the commission of the offense: criminal sexual abuse or | ||||||
18 | aggravated criminal sexual abuse, wear an approved | ||||||
19 | electronic monitoring device as defined in Section 5-8A-2 | ||||||
20 | that has Global Positioning System (GPS) capability for the | ||||||
21 | duration of the defendant's natural life;
| ||||||
22 | (9) if convicted of a felony, physically surrender at a | ||||||
23 | time and place
designated by the court, his or her Firearm
| ||||||
24 | Owner's Identification Card and
any and all firearms in
his | ||||||
25 | or her possession; and
| ||||||
26 | (10) if convicted of a sex offense as defined in |
| |||||||
| |||||||
1 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
2 | offender is a parent or guardian of the person under 18 | ||||||
3 | years of age present in the home and no non-familial minors | ||||||
4 | are present, not participate in a holiday event involving | ||||||
5 | children under 18 years of age, such as distributing candy | ||||||
6 | or other items to children on Halloween, wearing a Santa | ||||||
7 | Claus costume on or preceding Christmas, being employed as | ||||||
8 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
9 | costume on or preceding Easter. | ||||||
10 | (b) The Court may in addition to other reasonable | ||||||
11 | conditions relating to the
nature of the offense or the | ||||||
12 | rehabilitation of the defendant as determined for
each | ||||||
13 | defendant in the proper discretion of the Court require that | ||||||
14 | the person:
| ||||||
15 | (1) serve a term of periodic imprisonment under Article | ||||||
16 | 7 for a
period not to exceed that specified in paragraph | ||||||
17 | (d) of Section 5-7-1;
| ||||||
18 | (2) pay a fine and costs;
| ||||||
19 | (3) work or pursue a course of study or vocational | ||||||
20 | training;
| ||||||
21 | (4) undergo medical, psychological or psychiatric | ||||||
22 | treatment; or treatment
for drug addiction or alcoholism;
| ||||||
23 | (5) attend or reside in a facility established for the | ||||||
24 | instruction
or residence of defendants on probation;
| ||||||
25 | (6) support his dependents;
| ||||||
26 | (7) and in addition, if a minor:
|
| |||||||
| |||||||
1 | (i) reside with his parents or in a foster home;
| ||||||
2 | (ii) attend school;
| ||||||
3 | (iii) attend a non-residential program for youth;
| ||||||
4 | (iv) contribute to his own support at home or in a | ||||||
5 | foster home;
| ||||||
6 | (v) with the consent of the superintendent of the
| ||||||
7 | facility, attend an educational program at a facility | ||||||
8 | other than the school
in which the
offense was | ||||||
9 | committed if he
or she is convicted of a crime of | ||||||
10 | violence as
defined in
Section 2 of the Crime Victims | ||||||
11 | Compensation Act committed in a school, on the
real
| ||||||
12 | property
comprising a school, or within 1,000 feet of | ||||||
13 | the real property comprising a
school;
| ||||||
14 | (8) make restitution as provided in Section 5-5-6 of | ||||||
15 | this Code;
| ||||||
16 | (9) perform some reasonable public or community | ||||||
17 | service;
| ||||||
18 | (10) serve a term of home confinement. In addition to | ||||||
19 | any other
applicable condition of probation or conditional | ||||||
20 | discharge, the
conditions of home confinement shall be that | ||||||
21 | the offender:
| ||||||
22 | (i) remain within the interior premises of the | ||||||
23 | place designated for
his confinement during the hours | ||||||
24 | designated by the court;
| ||||||
25 | (ii) admit any person or agent designated by the | ||||||
26 | court into the
offender's place of confinement at any |
| |||||||
| |||||||
1 | time for purposes of verifying
the offender's | ||||||
2 | compliance with the conditions of his confinement; and
| ||||||
3 | (iii) if further deemed necessary by the court or | ||||||
4 | the
Probation or
Court Services Department, be placed | ||||||
5 | on an approved
electronic monitoring device, subject | ||||||
6 | to Article 8A of Chapter V;
| ||||||
7 | (iv) for persons convicted of any alcohol, | ||||||
8 | cannabis or controlled
substance violation who are | ||||||
9 | placed on an approved monitoring device as a
condition | ||||||
10 | of probation or conditional discharge, the court shall | ||||||
11 | impose a
reasonable fee for each day of the use of the | ||||||
12 | device, as established by the
county board in | ||||||
13 | subsection (g) of this Section, unless after | ||||||
14 | determining the
inability of the offender to pay the | ||||||
15 | fee, the court assesses a lesser fee or no
fee as the | ||||||
16 | case may be. This fee shall be imposed in addition to | ||||||
17 | the fees
imposed under subsections (g) and (i) of this | ||||||
18 | Section. The fee shall be
collected by the clerk of the | ||||||
19 | circuit court. The clerk of the circuit
court shall pay | ||||||
20 | all monies collected from this fee to the county | ||||||
21 | treasurer
for deposit in the substance abuse services | ||||||
22 | fund under Section 5-1086.1 of
the Counties Code; and
| ||||||
23 | (v) for persons convicted of offenses other than | ||||||
24 | those referenced in
clause (iv) above and who are | ||||||
25 | placed on an approved monitoring device as a
condition | ||||||
26 | of probation or conditional discharge, the court shall |
| |||||||
| |||||||
1 | impose
a reasonable fee for each day of the use of the | ||||||
2 | device, as established by the
county board in | ||||||
3 | subsection (g) of this Section, unless after | ||||||
4 | determining the
inability of the defendant to pay the | ||||||
5 | fee, the court assesses a lesser fee or
no fee as the | ||||||
6 | case may be. This fee shall be imposed in addition to | ||||||
7 | the fees
imposed under subsections (g) and (i) of this | ||||||
8 | Section. The fee
shall be collected by the clerk of the | ||||||
9 | circuit court. The clerk of the circuit
court shall pay | ||||||
10 | all monies collected from this fee
to the county | ||||||
11 | treasurer who shall use the monies collected to defray | ||||||
12 | the
costs of corrections. The county treasurer shall | ||||||
13 | deposit the fee
collected in the county working cash | ||||||
14 | fund under Section 6-27001 or Section
6-29002 of the | ||||||
15 | Counties Code, as the case may be.
| ||||||
16 | (11) comply with the terms and conditions of an order | ||||||
17 | of protection issued
by the court pursuant to the Illinois | ||||||
18 | Domestic Violence Act of 1986,
as now or hereafter amended, | ||||||
19 | or an order of protection issued by the court of
another | ||||||
20 | state, tribe, or United States territory. A copy of the | ||||||
21 | order of
protection shall be
transmitted to the probation | ||||||
22 | officer or agency
having responsibility for the case;
| ||||||
23 | (12) reimburse any "local anti-crime program" as | ||||||
24 | defined in Section 7
of the Anti-Crime Advisory Council Act | ||||||
25 | for any reasonable expenses incurred
by the program on the | ||||||
26 | offender's case, not to exceed the maximum amount of
the |
| |||||||
| |||||||
1 | fine authorized for the offense for which the defendant was | ||||||
2 | sentenced;
| ||||||
3 | (13) contribute a reasonable sum of money, not to | ||||||
4 | exceed the maximum
amount of the fine authorized for the
| ||||||
5 | offense for which the defendant was sentenced, to a "local | ||||||
6 | anti-crime
program", as defined in Section 7 of the | ||||||
7 | Anti-Crime Advisory Council Act;
| ||||||
8 | (14) refrain from entering into a designated | ||||||
9 | geographic area except upon
such terms as the court finds | ||||||
10 | appropriate. Such terms may include
consideration of the | ||||||
11 | purpose of the entry, the time of day, other persons
| ||||||
12 | accompanying the defendant, and advance approval by a
| ||||||
13 | probation officer, if
the defendant has been placed on | ||||||
14 | probation or advance approval by the
court, if the | ||||||
15 | defendant was placed on conditional discharge;
| ||||||
16 | (15) refrain from having any contact, directly or | ||||||
17 | indirectly, with
certain specified persons or particular | ||||||
18 | types of persons, including but not
limited to members of | ||||||
19 | street gangs and drug users or dealers;
| ||||||
20 | (16) refrain from having in his or her body the | ||||||
21 | presence of any illicit
drug prohibited by the Cannabis | ||||||
22 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
23 | Methamphetamine Control and Community Protection Act, | ||||||
24 | unless prescribed by a physician, and submit samples of
his | ||||||
25 | or her blood or urine or both for tests to determine the | ||||||
26 | 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 |
| |||||||
| |||||||
1 | probation or
conditional discharge shall not be committed to | ||||||
2 | the Department of
Corrections.
| ||||||
3 | (f) The court may combine a sentence of periodic | ||||||
4 | imprisonment under
Article 7 or a sentence to a county impact | ||||||
5 | incarceration program under
Article 8 with a sentence of | ||||||
6 | probation or conditional discharge.
| ||||||
7 | (g) An offender sentenced to probation or to conditional | ||||||
8 | discharge and
who during the term of either undergoes mandatory | ||||||
9 | drug or alcohol testing,
or both, or is assigned to be placed | ||||||
10 | on an approved electronic monitoring
device, shall be ordered | ||||||
11 | to pay all costs incidental to such mandatory drug
or alcohol | ||||||
12 | testing, or both, and all costs
incidental to such approved | ||||||
13 | electronic monitoring in accordance with the
defendant's | ||||||
14 | ability to pay those costs. The county board with
the | ||||||
15 | concurrence of the Chief Judge of the judicial
circuit in which | ||||||
16 | the county is located shall establish reasonable fees for
the | ||||||
17 | cost of maintenance, testing, and incidental expenses related | ||||||
18 | to the
mandatory drug or alcohol testing, or both, and all | ||||||
19 | costs incidental to
approved electronic monitoring, involved | ||||||
20 | in a successful probation program
for the county. The | ||||||
21 | concurrence of the Chief Judge shall be in the form of
an | ||||||
22 | administrative order.
The fees shall be collected by the clerk | ||||||
23 | of the circuit court. The clerk of
the circuit court shall pay | ||||||
24 | all moneys collected from these fees to the county
treasurer | ||||||
25 | who shall use the moneys collected to defray the costs of
drug | ||||||
26 | testing, alcohol testing, and electronic monitoring.
The |
| |||||||
| |||||||
1 | county treasurer shall deposit the fees collected in the
county | ||||||
2 | working cash fund under Section 6-27001 or Section 6-29002 of | ||||||
3 | the
Counties Code, as the case may be.
| ||||||
4 | (h) Jurisdiction over an offender may be transferred from | ||||||
5 | the
sentencing court to the court of another circuit with the | ||||||
6 | concurrence of
both courts. Further transfers or retransfers of
| ||||||
7 | jurisdiction are also
authorized in the same manner. The court | ||||||
8 | to which jurisdiction has been
transferred shall have the same | ||||||
9 | powers as the sentencing court.
| ||||||
10 | (i) The court shall impose upon an offender
sentenced to | ||||||
11 | probation after January 1, 1989 or to conditional discharge
| ||||||
12 | after January 1, 1992 or to community service under the | ||||||
13 | supervision of a
probation or court services department after | ||||||
14 | January 1, 2004, as a condition of such probation or | ||||||
15 | conditional
discharge or supervised community service, a fee of | ||||||
16 | $50
for each month of probation or
conditional
discharge | ||||||
17 | supervision or supervised community service ordered by the | ||||||
18 | court, unless after
determining the inability of the person | ||||||
19 | sentenced to probation or conditional
discharge or supervised | ||||||
20 | community service to pay the
fee, the court assesses a lesser | ||||||
21 | fee. The court may not impose the fee on a
minor who is made a | ||||||
22 | ward of the State under the Juvenile Court Act of 1987
while | ||||||
23 | the minor is in placement.
The fee shall be imposed only upon
| ||||||
24 | an offender who is actively supervised by the
probation and | ||||||
25 | court services
department. The fee shall be collected by the | ||||||
26 | clerk
of the circuit court. The clerk of the circuit court |
| |||||||
| |||||||
1 | shall pay all monies
collected from this fee to the county | ||||||
2 | treasurer for deposit in the
probation and court services fund | ||||||
3 | under Section 15.1 of the
Probation and Probation Officers Act.
| ||||||
4 | A circuit court may not impose a probation fee under this | ||||||
5 | subsection (i) in excess of $25
per month unless: (1) the | ||||||
6 | circuit court has adopted, by administrative
order issued by | ||||||
7 | the chief judge, a standard probation fee guide
determining an | ||||||
8 | offender's ability to pay, under guidelines developed by
the | ||||||
9 | Administrative
Office of the Illinois Courts; and (2) the | ||||||
10 | circuit court has authorized, by
administrative order issued by | ||||||
11 | the chief judge, the creation of a Crime
Victim's Services | ||||||
12 | Fund, to be administered by the Chief Judge or his or
her | ||||||
13 | designee, for services to crime victims and their families. Of | ||||||
14 | the
amount collected as a probation fee, up to $5 of that fee
| ||||||
15 | collected per month may be used to provide services to crime | ||||||
16 | victims
and their families.
| ||||||
17 | This amendatory Act of the 93rd General Assembly deletes | ||||||
18 | the $10 increase in the fee under this subsection that was | ||||||
19 | imposed by Public Act 93-616. This deletion is intended to | ||||||
20 | control over any other Act of the 93rd General Assembly that | ||||||
21 | retains or incorporates that fee increase. | ||||||
22 | (i-5) In addition to the fees imposed under subsection (i) | ||||||
23 | of this Section, in the case of an offender convicted of a | ||||||
24 | felony sex offense (as defined in the Sex Offender Management | ||||||
25 | Board Act) or an offense that the court or probation department | ||||||
26 | has determined to be sexually motivated (as defined in the Sex |
| |||||||
| |||||||
1 | Offender Management Board Act), the court or the probation | ||||||
2 | department shall assess additional fees to pay for all costs of | ||||||
3 | treatment, assessment, evaluation for risk and treatment, and | ||||||
4 | monitoring the offender, based on that offender's ability to | ||||||
5 | pay those costs either as they occur or under a payment plan. | ||||||
6 | (j) All fines and costs imposed under this Section for any | ||||||
7 | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
8 | Code, or a similar
provision of a local ordinance, and any | ||||||
9 | violation of the Child Passenger
Protection Act, or a similar | ||||||
10 | provision of a local ordinance, shall be
collected and | ||||||
11 | disbursed by the circuit clerk as provided under Section 27.5
| ||||||
12 | of the Clerks of Courts Act.
| ||||||
13 | (k) Any offender who is sentenced to probation or | ||||||
14 | conditional discharge for a felony sex offense as defined in | ||||||
15 | the Sex Offender Management Board Act or any offense that the | ||||||
16 | court or probation department has determined to be sexually | ||||||
17 | motivated as defined in the Sex Offender Management Board Act | ||||||
18 | shall be required to refrain from any contact, directly or | ||||||
19 | indirectly, with any persons specified by the court and shall | ||||||
20 | be available for all evaluations and treatment programs | ||||||
21 | required by the court or the probation department.
| ||||||
22 | (Source: P.A. 93-475, eff. 8-8-03; 93-616, eff. 1-1-04; 93-970, | ||||||
23 | eff. 8-20-04; 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | ||||||
24 | 94-556, eff. 9-11-05; revised 8-19-05.)
|