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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 5-6-3 and 5-6-3.1 as follows: | ||||||||||||||||||||||||||
6 | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
| ||||||||||||||||||||||||||
7 | Sec. 5-6-3. Conditions of Probation and of Conditional | ||||||||||||||||||||||||||
8 | Discharge.
| ||||||||||||||||||||||||||
9 | (a) The conditions of probation and of conditional | ||||||||||||||||||||||||||
10 | discharge shall be
that the person:
| ||||||||||||||||||||||||||
11 | (1) not violate any criminal statute of any | ||||||||||||||||||||||||||
12 | jurisdiction;
| ||||||||||||||||||||||||||
13 | (2) report to or appear in person before such person or | ||||||||||||||||||||||||||
14 | agency as
directed by the court;
| ||||||||||||||||||||||||||
15 | (3) refrain from possessing a firearm or other | ||||||||||||||||||||||||||
16 | dangerous weapon;
| ||||||||||||||||||||||||||
17 | (4) not leave the State without the consent of the | ||||||||||||||||||||||||||
18 | court or, in
circumstances in which the reason for the | ||||||||||||||||||||||||||
19 | absence is of such an emergency
nature that prior consent | ||||||||||||||||||||||||||
20 | by the court is not possible, without the prior
| ||||||||||||||||||||||||||
21 | notification and approval of the person's probation
| ||||||||||||||||||||||||||
22 | officer. Transfer of a person's probation or conditional | ||||||||||||||||||||||||||
23 | discharge
supervision to another state is subject to |
| |||||||
| |||||||
1 | acceptance by the other state
pursuant to the Interstate | ||||||
2 | Compact for Adult Offender Supervision;
| ||||||
3 | (5) permit the probation officer to visit
him at his | ||||||
4 | home or elsewhere
to the extent necessary to discharge his | ||||||
5 | duties;
| ||||||
6 | (6) perform no less than 30 hours of community service | ||||||
7 | and not more than
120 hours of community service, if | ||||||
8 | community service is available in the
jurisdiction and is | ||||||
9 | funded and approved by the county board where the offense
| ||||||
10 | was committed, where the offense was related to or in | ||||||
11 | furtherance of the
criminal activities of an organized gang | ||||||
12 | and was motivated by the offender's
membership in or | ||||||
13 | allegiance to an organized gang. The community service | ||||||
14 | shall
include, but not be limited to, the cleanup and | ||||||
15 | repair of any damage caused by
a violation of Section | ||||||
16 | 21-1.3 of the Criminal Code of 1961 and similar damage
to | ||||||
17 | property located within the municipality or county in which | ||||||
18 | the violation
occurred. When possible and reasonable, the | ||||||
19 | community service should be
performed in the offender's | ||||||
20 | neighborhood. For purposes of this Section,
"organized | ||||||
21 | gang" has the meaning ascribed to it in Section 10 of the | ||||||
22 | Illinois
Streetgang Terrorism Omnibus Prevention Act;
| ||||||
23 | (7) if he or she is at least 17 years of age and has | ||||||
24 | been sentenced to
probation or conditional discharge for a | ||||||
25 | misdemeanor or felony in a county of
3,000,000 or more | ||||||
26 | inhabitants and has not been previously convicted of a
|
| |||||||
| |||||||
1 | misdemeanor or felony, may be required by the sentencing | ||||||
2 | court to attend
educational courses designed to prepare the | ||||||
3 | defendant for a high school diploma
and to work toward a | ||||||
4 | high school diploma or to work toward passing the high
| ||||||
5 | school level Test of General Educational Development (GED) | ||||||
6 | or to work toward
completing a vocational training program | ||||||
7 | approved by the court. The person on
probation or | ||||||
8 | conditional discharge must attend a public institution of
| ||||||
9 | education to obtain the educational or vocational training | ||||||
10 | required by this
clause (7). The court shall revoke the | ||||||
11 | probation or conditional discharge of a
person who wilfully | ||||||
12 | fails to comply with this clause (7). The person on
| ||||||
13 | probation or conditional discharge shall be required to pay | ||||||
14 | for the cost of the
educational courses or GED test, if a | ||||||
15 | fee is charged for those courses or
test. The court shall | ||||||
16 | resentence the offender whose probation or conditional
| ||||||
17 | discharge has been revoked as provided in Section 5-6-4. | ||||||
18 | This clause (7) does
not apply to a person who has a high | ||||||
19 | school diploma or has successfully passed
the GED test. | ||||||
20 | This clause (7) does not apply to a person who is | ||||||
21 | determined by
the court to be developmentally disabled or | ||||||
22 | otherwise mentally incapable of
completing the educational | ||||||
23 | or vocational program;
| ||||||
24 | (8) if convicted of possession of a substance | ||||||
25 | prohibited
by the Cannabis Control Act, the Illinois | ||||||
26 | Controlled Substances Act, or the Methamphetamine Control |
| |||||||
| |||||||
1 | and Community Protection Act
after a previous conviction or | ||||||
2 | disposition of supervision for possession of a
substance | ||||||
3 | prohibited by the Cannabis Control Act or Illinois | ||||||
4 | Controlled
Substances Act or after a sentence of probation | ||||||
5 | under Section 10 of the
Cannabis
Control Act, Section 410 | ||||||
6 | of the Illinois Controlled Substances Act, or Section 70 of | ||||||
7 | the Methamphetamine Control and Community Protection Act | ||||||
8 | and upon a
finding by the court that the person is | ||||||
9 | addicted, undergo treatment at a
substance abuse program | ||||||
10 | approved by the court;
| ||||||
11 | (8.5) if convicted of a felony sex offense as defined | ||||||
12 | in the Sex
Offender
Management Board Act, the person shall | ||||||
13 | undergo and successfully complete sex
offender treatment | ||||||
14 | by a treatment provider approved by the Board and conducted
| ||||||
15 | in conformance with the standards developed under the Sex
| ||||||
16 | Offender Management Board Act;
| ||||||
17 | (8.6) if convicted of a sex offense as defined in the | ||||||
18 | Sex Offender Management Board Act, refrain from residing at | ||||||
19 | the same address or in the same condominium unit or | ||||||
20 | apartment unit or in the same condominium complex or | ||||||
21 | apartment complex with another person he or she knows or | ||||||
22 | reasonably should know is a convicted sex offender or has | ||||||
23 | been placed on supervision for a sex offense; the | ||||||
24 | provisions of this paragraph do not apply to a person | ||||||
25 | convicted of a sex offense who is placed in a Department of | ||||||
26 | Corrections licensed transitional housing facility for sex |
| |||||||
| |||||||
1 | offenders; and | ||||||
2 | (9) if convicted of a felony, physically surrender at a | ||||||
3 | time and place
designated by the court, his or her Firearm
| ||||||
4 | Owner's Identification Card and
any and all firearms in
his | ||||||
5 | or her possession; and
| ||||||
6 | (10) 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 Court may in addition to other reasonable | ||||||
17 | conditions relating to the
nature of the offense or the | ||||||
18 | rehabilitation of the defendant as determined for
each | ||||||
19 | defendant in the proper discretion of the Court require that | ||||||
20 | the person:
| ||||||
21 | (1) serve a term of periodic imprisonment under Article | ||||||
22 | 7 for a
period not to exceed that specified in paragraph | ||||||
23 | (d) of Section 5-7-1;
| ||||||
24 | (2) pay a fine and costs;
| ||||||
25 | (3) work or pursue a course of study or vocational | ||||||
26 | training;
|
| |||||||
| |||||||
1 | (4) undergo medical, psychological or psychiatric | ||||||
2 | treatment; or treatment
for drug addiction or alcoholism;
| ||||||
3 | (5) attend or reside in a facility established for the | ||||||
4 | instruction
or residence of defendants on probation;
| ||||||
5 | (6) support his dependents;
| ||||||
6 | (7) and 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 | (iv) contribute to his own support at home or in a | ||||||
11 | foster home;
| ||||||
12 | (v) with the consent of the superintendent of the
| ||||||
13 | facility, attend an educational program at a facility | ||||||
14 | other than the school
in which the
offense was | ||||||
15 | committed if he
or she is convicted of a crime of | ||||||
16 | violence as
defined in
Section 2 of the Crime Victims | ||||||
17 | Compensation Act committed in a school, on the
real
| ||||||
18 | property
comprising a school, or within 1,000 feet of | ||||||
19 | the real property comprising a
school;
| ||||||
20 | (8) make restitution as provided in Section 5-5-6 of | ||||||
21 | this Code;
| ||||||
22 | (9) perform some reasonable public or community | ||||||
23 | service;
| ||||||
24 | (10) serve a term of home confinement. In addition to | ||||||
25 | any other
applicable condition of probation or conditional | ||||||
26 | discharge, the
conditions of home confinement shall be that |
| |||||||
| |||||||
1 | the offender:
| ||||||
2 | (i) remain within the interior premises of the | ||||||
3 | place designated for
his confinement during the hours | ||||||
4 | designated by the court;
| ||||||
5 | (ii) admit any person or agent designated by the | ||||||
6 | court into the
offender's place of confinement at any | ||||||
7 | time for purposes of verifying
the offender's | ||||||
8 | compliance with the conditions of his confinement; and
| ||||||
9 | (iii) if further deemed necessary by the court or | ||||||
10 | the
Probation or
Court Services Department, be placed | ||||||
11 | on an approved
electronic monitoring device, subject | ||||||
12 | to Article 8A of Chapter V;
| ||||||
13 | (iv) for persons convicted of any alcohol, | ||||||
14 | cannabis or controlled
substance violation who are | ||||||
15 | placed on an approved monitoring device as a
condition | ||||||
16 | of probation or conditional discharge, the court shall | ||||||
17 | impose a
reasonable fee for each day of the use of the | ||||||
18 | device, as established by the
county board in | ||||||
19 | subsection (g) of this Section, unless after | ||||||
20 | determining the
inability of the offender to pay the | ||||||
21 | fee, the court assesses a lesser fee or no
fee as the | ||||||
22 | case may be. This fee shall be imposed in addition to | ||||||
23 | the fees
imposed under subsections (g) and (i) of this | ||||||
24 | Section. The fee shall be
collected by the clerk of the | ||||||
25 | circuit court. The clerk of the circuit
court shall pay | ||||||
26 | all monies collected from this fee to the county |
| |||||||
| |||||||
1 | treasurer
for deposit in the substance abuse services | ||||||
2 | fund under Section 5-1086.1 of
the Counties Code; and
| ||||||
3 | (v) for persons convicted of offenses other than | ||||||
4 | those referenced in
clause (iv) above and who are | ||||||
5 | placed on an approved monitoring device as a
condition | ||||||
6 | of probation or conditional discharge, the court shall | ||||||
7 | impose
a reasonable fee for each day of the use of the | ||||||
8 | device, as established by the
county board in | ||||||
9 | subsection (g) of this Section, unless after | ||||||
10 | determining the
inability of the defendant to pay the | ||||||
11 | fee, the court assesses a lesser fee or
no fee as the | ||||||
12 | case may be. This fee shall be imposed in addition to | ||||||
13 | the fees
imposed under subsections (g) and (i) of this | ||||||
14 | Section. The fee
shall be collected by the clerk of the | ||||||
15 | circuit court. The clerk of the circuit
court shall pay | ||||||
16 | all monies collected from this fee
to the county | ||||||
17 | treasurer who shall use the monies collected to defray | ||||||
18 | the
costs of corrections. The county treasurer shall | ||||||
19 | deposit the fee
collected in the county working cash | ||||||
20 | fund under Section 6-27001 or Section
6-29002 of the | ||||||
21 | Counties Code, as the case may be.
| ||||||
22 | (11) comply with the terms and conditions of an order | ||||||
23 | of protection issued
by the court pursuant to the Illinois | ||||||
24 | Domestic Violence Act of 1986,
as now or hereafter amended, | ||||||
25 | or an order of protection issued by the court of
another | ||||||
26 | state, tribe, or United States territory. A copy of the |
| |||||||
| |||||||
1 | order of
protection shall be
transmitted to the probation | ||||||
2 | officer or agency
having responsibility for the case;
| ||||||
3 | (12) reimburse any "local anti-crime program" as | ||||||
4 | defined in Section 7
of the Anti-Crime Advisory Council Act | ||||||
5 | for any reasonable expenses incurred
by the program on the | ||||||
6 | offender's case, not to exceed the maximum amount of
the | ||||||
7 | fine authorized for the offense for which the defendant was | ||||||
8 | sentenced;
| ||||||
9 | (13) contribute a reasonable sum of money, not to | ||||||
10 | exceed the maximum
amount of the fine authorized for the
| ||||||
11 | offense for which the defendant was sentenced, (i) to a | ||||||
12 | "local anti-crime
program", as defined in Section 7 of the | ||||||
13 | Anti-Crime Advisory Council Act , or (ii) for offenses under | ||||||
14 | the jurisdiction of the Department of Natural Resources, to | ||||||
15 | the fund established by the Department of Natural Resources | ||||||
16 | for the purchase of evidence for investigation purposes and | ||||||
17 | to conduct investigations as outlined in Section 805-105 of | ||||||
18 | the Department of Natural Resources (Conservation) Law ;
| ||||||
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;
|
| |||||||
| |||||||
1 | (15) refrain from having any contact, directly or | ||||||
2 | indirectly, with
certain specified persons or particular | ||||||
3 | types of persons, including but not
limited to members of | ||||||
4 | street gangs and drug users or dealers;
| ||||||
5 | (16) refrain from having in his or her body the | ||||||
6 | presence of any illicit
drug prohibited by the Cannabis | ||||||
7 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
8 | Methamphetamine Control and Community Protection 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 | (c) The court may as a condition of probation or of | ||||||
13 | conditional
discharge require that a person under 18 years of | ||||||
14 | age found guilty of any
alcohol, cannabis or controlled | ||||||
15 | substance violation, refrain from acquiring
a driver's license | ||||||
16 | during
the period of probation or conditional discharge. If | ||||||
17 | such person
is in possession of a permit or license, the court | ||||||
18 | may require that
the minor refrain from driving or operating | ||||||
19 | any motor vehicle during the
period of probation or conditional | ||||||
20 | discharge, except as may be necessary in
the course of the | ||||||
21 | minor's lawful employment.
| ||||||
22 | (d) An offender sentenced to probation or to conditional | ||||||
23 | discharge
shall be given a certificate setting forth the | ||||||
24 | conditions thereof.
| ||||||
25 | (e) Except where the offender has committed a fourth or | ||||||
26 | subsequent
violation of subsection (c) of Section 6-303 of the |
| |||||||
| |||||||
1 | Illinois Vehicle Code,
the court shall not require as a | ||||||
2 | condition of the sentence of
probation or conditional discharge | ||||||
3 | that the offender be committed to a
period of imprisonment in | ||||||
4 | excess of 6 months.
This 6 month limit shall not include | ||||||
5 | periods of confinement given pursuant to
a sentence of county | ||||||
6 | impact incarceration under Section 5-8-1.2.
This 6 month limit | ||||||
7 | does not apply to a person sentenced to probation as a
result | ||||||
8 | of a conviction of a fourth or subsequent violation of | ||||||
9 | subsection (c-4)
of Section 11-501 of the Illinois Vehicle Code | ||||||
10 | or a similar provision of a
local ordinance.
| ||||||
11 | Persons committed to imprisonment as a condition of | ||||||
12 | probation or
conditional discharge shall not be committed to | ||||||
13 | the Department of
Corrections.
| ||||||
14 | (f) The court may combine a sentence of periodic | ||||||
15 | imprisonment under
Article 7 or a sentence to a county impact | ||||||
16 | incarceration program under
Article 8 with a sentence of | ||||||
17 | probation or conditional discharge.
| ||||||
18 | (g) An offender sentenced to probation or to conditional | ||||||
19 | discharge and
who during the term of either undergoes mandatory | ||||||
20 | drug or alcohol testing,
or both, or is assigned to be placed | ||||||
21 | on an approved electronic monitoring
device, shall be ordered | ||||||
22 | to pay all costs incidental to such mandatory drug
or alcohol | ||||||
23 | testing, or both, and all costs
incidental to such approved | ||||||
24 | electronic monitoring in accordance with the
defendant's | ||||||
25 | ability to pay those costs. The county board with
the | ||||||
26 | concurrence of the Chief Judge of the judicial
circuit in which |
| |||||||
| |||||||
1 | the county is located shall establish reasonable fees for
the | ||||||
2 | cost of maintenance, testing, and incidental expenses related | ||||||
3 | to the
mandatory drug or alcohol testing, or both, and all | ||||||
4 | costs incidental to
approved electronic monitoring, involved | ||||||
5 | in a successful probation program
for the county. The | ||||||
6 | concurrence of the Chief Judge shall be in the form of
an | ||||||
7 | administrative order.
The fees shall be collected by the clerk | ||||||
8 | of the circuit court. The clerk of
the circuit court shall pay | ||||||
9 | all moneys collected from these fees to the county
treasurer | ||||||
10 | who shall use the moneys collected to defray the costs of
drug | ||||||
11 | testing, alcohol testing, and electronic monitoring.
The | ||||||
12 | county treasurer shall deposit the fees collected in the
county | ||||||
13 | working cash fund under Section 6-27001 or Section 6-29002 of | ||||||
14 | the
Counties Code, as the case may be.
| ||||||
15 | (h) Jurisdiction over an offender may be transferred from | ||||||
16 | the
sentencing court to the court of another circuit with the | ||||||
17 | concurrence of
both courts. Further transfers or retransfers of
| ||||||
18 | jurisdiction are also
authorized in the same manner. The court | ||||||
19 | to which jurisdiction has been
transferred shall have the same | ||||||
20 | powers as the sentencing court.
| ||||||
21 | (i) The court shall impose upon an offender
sentenced to | ||||||
22 | probation after January 1, 1989 or to conditional discharge
| ||||||
23 | after January 1, 1992 or to community service under the | ||||||
24 | supervision of a
probation or court services department after | ||||||
25 | January 1, 2004, as a condition of such probation or | ||||||
26 | conditional
discharge or supervised community service, a fee of |
| |||||||
| |||||||
1 | $50
for each month of probation or
conditional
discharge | ||||||
2 | supervision or supervised community service ordered by the | ||||||
3 | court, unless after
determining the inability of the person | ||||||
4 | sentenced to probation or conditional
discharge or supervised | ||||||
5 | community service to pay the
fee, the court assesses a lesser | ||||||
6 | fee. The court may not impose the fee on a
minor who is made a | ||||||
7 | ward of the State under the Juvenile Court Act of 1987
while | ||||||
8 | the minor is in placement.
The fee shall be imposed only upon
| ||||||
9 | an offender who is actively supervised by the
probation and | ||||||
10 | court services
department. The fee shall be collected by the | ||||||
11 | clerk
of the circuit court. The clerk of the circuit court | ||||||
12 | shall pay all monies
collected from this fee to the county | ||||||
13 | treasurer for deposit in the
probation and court services fund | ||||||
14 | under Section 15.1 of the
Probation and Probation Officers Act.
| ||||||
15 | A circuit court may not impose a probation fee under this | ||||||
16 | subsection (i) in excess of $25
per month unless: (1) the | ||||||
17 | circuit court has adopted, by administrative
order issued by | ||||||
18 | the chief judge, a standard probation fee guide
determining an | ||||||
19 | offender's ability to pay, under guidelines developed by
the | ||||||
20 | Administrative
Office of the Illinois Courts; and (2) the | ||||||
21 | circuit court has authorized, by
administrative order issued by | ||||||
22 | the chief judge, the creation of a Crime
Victim's Services | ||||||
23 | Fund, to be administered by the Chief Judge or his or
her | ||||||
24 | designee, for services to crime victims and their families. Of | ||||||
25 | the
amount collected as a probation fee, up to $5 of that fee
| ||||||
26 | collected per month may be used to provide services to crime |
| |||||||
| |||||||
1 | victims
and their families.
| ||||||
2 | This amendatory Act of the 93rd General Assembly deletes | ||||||
3 | the $10 increase in the fee under this subsection that was | ||||||
4 | imposed by Public Act 93-616. This deletion is intended to | ||||||
5 | control over any other Act of the 93rd General Assembly that | ||||||
6 | retains or incorporates that fee increase. | ||||||
7 | (i-5) In addition to the fees imposed under subsection (i) | ||||||
8 | of this Section, in the case of an offender convicted of a | ||||||
9 | felony sex offense (as defined in the Sex Offender Management | ||||||
10 | Board Act) or an offense that the court or probation department | ||||||
11 | has determined to be sexually motivated (as defined in the Sex | ||||||
12 | Offender Management Board Act), the court or the probation | ||||||
13 | department shall assess additional fees to pay for all costs of | ||||||
14 | treatment, assessment, evaluation for risk and treatment, and | ||||||
15 | monitoring the offender, based on that offender's ability to | ||||||
16 | pay those costs either as they occur or under a payment plan. | ||||||
17 | (j) All fines and costs imposed under this Section for any | ||||||
18 | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
19 | Code, or a similar
provision of a local ordinance, and any | ||||||
20 | violation of the Child Passenger
Protection Act, or a similar | ||||||
21 | provision of a local ordinance, shall be
collected and | ||||||
22 | disbursed by the circuit clerk as provided under Section 27.5
| ||||||
23 | of the Clerks of Courts Act.
| ||||||
24 | (k) Any offender who is sentenced to probation or | ||||||
25 | conditional discharge for a felony sex offense as defined in | ||||||
26 | the Sex Offender Management Board Act or any offense that the |
| |||||||
| |||||||
1 | court or probation department has determined to be sexually | ||||||
2 | motivated as defined in the Sex Offender Management Board Act | ||||||
3 | shall be required to refrain from any contact, directly or | ||||||
4 | indirectly, with any persons specified by the court and shall | ||||||
5 | be available for all evaluations and treatment programs | ||||||
6 | required by the court or the probation department.
| ||||||
7 | (Source: P.A. 93-475, eff. 8-8-03; 93-616, eff. 1-1-04; 93-970, | ||||||
8 | eff. 8-20-04; 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | ||||||
9 | 94-556, eff. 9-11-05; revised 8-19-05.)
| ||||||
10 | (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
| ||||||
11 | Sec. 5-6-3.1. Incidents and Conditions of Supervision.
| ||||||
12 | (a) When a defendant is placed on supervision, the court | ||||||
13 | shall enter
an order for supervision specifying the period of | ||||||
14 | such supervision, and
shall defer further proceedings in the | ||||||
15 | case until the conclusion of the
period.
| ||||||
16 | (b) The period of supervision shall be reasonable under all | ||||||
17 | of the
circumstances of the case, but may not be longer than 2 | ||||||
18 | years, unless the
defendant has failed to pay the assessment | ||||||
19 | required by Section 10.3 of the
Cannabis Control Act,
Section | ||||||
20 | 411.2 of the Illinois Controlled
Substances Act, or Section 80 | ||||||
21 | of the Methamphetamine Control and Community Protection Act, in | ||||||
22 | which case the court may extend supervision beyond 2 years.
| ||||||
23 | Additionally, the court shall order the defendant to perform no | ||||||
24 | less than 30
hours of community service and not more than 120 | ||||||
25 | hours of community service, if
community service is available |
| |||||||
| |||||||
1 | in the
jurisdiction and is funded and approved by the county | ||||||
2 | board where the offense
was committed,
when the offense (1) was
| ||||||
3 | related to or in furtherance of the criminal activities of an | ||||||
4 | organized gang or
was motivated by the defendant's membership | ||||||
5 | in or allegiance to an organized
gang; or (2) is a violation of | ||||||
6 | any Section of Article 24 of the Criminal
Code of 1961 where a | ||||||
7 | disposition of supervision is not prohibited by Section
5-6-1 | ||||||
8 | of this Code.
The
community service shall include, but not be | ||||||
9 | limited to, the cleanup and repair
of any damage caused by | ||||||
10 | violation of Section 21-1.3 of the Criminal Code of
1961 and | ||||||
11 | similar damages to property located within the municipality or | ||||||
12 | county
in which the violation occurred. Where possible and | ||||||
13 | reasonable, the community
service should be performed in the | ||||||
14 | offender's neighborhood.
| ||||||
15 | For the purposes of this
Section, "organized gang" has the | ||||||
16 | meaning ascribed to it in Section 10 of the
Illinois Streetgang | ||||||
17 | Terrorism Omnibus Prevention Act.
| ||||||
18 | (c) The court may in addition to other reasonable | ||||||
19 | conditions
relating to the nature of the offense or the | ||||||
20 | rehabilitation of the
defendant as determined for each | ||||||
21 | defendant in the proper discretion of
the court require that | ||||||
22 | the person:
| ||||||
23 | (1) make a report to and appear in person before or | ||||||
24 | participate with
the court or such courts, person, or | ||||||
25 | social service agency as directed
by the court in the order | ||||||
26 | of supervision;
|
| |||||||
| |||||||
1 | (2) pay a fine and costs;
| ||||||
2 | (3) work or pursue a course of study or vocational | ||||||
3 | training;
| ||||||
4 | (4) undergo medical, psychological or psychiatric | ||||||
5 | treatment; or
treatment for drug addiction or alcoholism;
| ||||||
6 | (5) attend or reside in a facility established for the | ||||||
7 | instruction
or residence of defendants on probation;
| ||||||
8 | (6) support his dependents;
| ||||||
9 | (7) refrain from possessing a firearm or other | ||||||
10 | dangerous weapon;
| ||||||
11 | (8) and in addition, if a minor:
| ||||||
12 | (i) reside with his parents or in a foster home;
| ||||||
13 | (ii) attend school;
| ||||||
14 | (iii) attend a non-residential program for youth;
| ||||||
15 | (iv) contribute to his own support at home or in a | ||||||
16 | foster home; or
| ||||||
17 | (v) with the consent of the superintendent of the
| ||||||
18 | facility, attend an educational program at a facility | ||||||
19 | other than the school
in which the
offense was | ||||||
20 | committed if he
or she is placed on supervision for a | ||||||
21 | crime of violence as
defined in
Section 2 of the Crime | ||||||
22 | Victims Compensation Act committed in a school, on the
| ||||||
23 | real
property
comprising a school, or within 1,000 feet | ||||||
24 | of the real property comprising a
school;
| ||||||
25 | (9) make restitution or reparation in an amount not to | ||||||
26 | exceed actual
loss or damage to property and pecuniary loss |
| |||||||
| |||||||
1 | or make restitution under Section
5-5-6 to a domestic | ||||||
2 | violence shelter. The court shall
determine the amount and | ||||||
3 | conditions of payment;
| ||||||
4 | (10) perform some reasonable public or community | ||||||
5 | service;
| ||||||
6 | (11) comply with the terms and conditions of an order | ||||||
7 | of protection
issued by the court pursuant to the Illinois | ||||||
8 | Domestic Violence Act of 1986 or
an order of protection | ||||||
9 | issued by the court of another state, tribe, or United
| ||||||
10 | States territory.
If the court has ordered the defendant to | ||||||
11 | make a report and appear in
person under paragraph (1) of | ||||||
12 | this subsection, a copy of the order of
protection shall be | ||||||
13 | transmitted to the person or agency so designated
by the | ||||||
14 | court;
| ||||||
15 | (12) reimburse any "local anti-crime program" as | ||||||
16 | defined in Section 7 of
the Anti-Crime Advisory Council Act | ||||||
17 | for any reasonable expenses incurred by the
program on the | ||||||
18 | offender's case, not to exceed the maximum amount of the
| ||||||
19 | fine authorized for the offense for which the defendant was | ||||||
20 | sentenced;
| ||||||
21 | (13) contribute a reasonable sum of money, not to
| ||||||
22 | exceed the maximum amount of the fine authorized for the | ||||||
23 | offense for which
the defendant was sentenced, (i) to a | ||||||
24 | "local anti-crime program", as defined
in Section 7 of the | ||||||
25 | Anti-Crime Advisory Council Act , or (ii) for offenses under | ||||||
26 | the jurisdiction of the Department of Natural Resources, to |
| |||||||
| |||||||
1 | the fund established by the Department of Natural Resources | ||||||
2 | for the purchase of evidence for investigation purposes and | ||||||
3 | to conduct investigations as outlined in Section 805-105 of | ||||||
4 | the Department of Natural Resources (Conservation) Law ;
| ||||||
5 | (14) refrain from entering into a designated | ||||||
6 | geographic area except
upon such terms as the court finds | ||||||
7 | appropriate. Such terms may include
consideration of the | ||||||
8 | purpose of the entry, the time of day, other persons
| ||||||
9 | accompanying the defendant, and advance approval by a | ||||||
10 | probation officer;
| ||||||
11 | (15) refrain from having any contact, directly or | ||||||
12 | indirectly, with
certain specified persons or particular | ||||||
13 | types of person, including but not
limited to members of | ||||||
14 | street gangs and drug users or dealers;
| ||||||
15 | (16) refrain from having in his or her body the | ||||||
16 | presence of any illicit
drug prohibited by the Cannabis | ||||||
17 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
18 | Methamphetamine Control and Community Protection Act, | ||||||
19 | unless prescribed by a physician, and submit samples of
his | ||||||
20 | or her blood or urine or both for tests to determine the | ||||||
21 | presence of any
illicit drug;
| ||||||
22 | (17) refrain from operating any motor vehicle not | ||||||
23 | equipped with an
ignition interlock device as defined in | ||||||
24 | Section 1-129.1 of the Illinois
Vehicle Code. Under this | ||||||
25 | condition the court may allow a defendant who is not
| ||||||
26 | self-employed to operate a vehicle owned by the defendant's |
| |||||||
| |||||||
1 | employer that is
not equipped with an ignition interlock | ||||||
2 | device in the course and scope of the
defendant's | ||||||
3 | employment; and
| ||||||
4 | (18) if placed on supervision for a sex offense as | ||||||
5 | defined in subsection (a-5) of Section 3-1-2 of this Code, | ||||||
6 | unless the offender is a parent or guardian of the person | ||||||
7 | under 18 years of age present in the home and no | ||||||
8 | non-familial minors are present, not participate in a | ||||||
9 | holiday event involving
children
under 18 years of age, | ||||||
10 | such as distributing candy or other items to children on
| ||||||
11 | Halloween,
wearing a Santa Claus costume on or preceding | ||||||
12 | Christmas, being employed as a
department store Santa | ||||||
13 | Claus, or wearing an Easter Bunny costume on or
preceding
| ||||||
14 | Easter. | ||||||
15 | (d) The court shall defer entering any judgment on the | ||||||
16 | charges
until the conclusion of the supervision.
| ||||||
17 | (e) At the conclusion of the period of supervision, if the | ||||||
18 | court
determines that the defendant has successfully complied | ||||||
19 | with all of the
conditions of supervision, the court shall | ||||||
20 | discharge the defendant and
enter a judgment dismissing the | ||||||
21 | charges.
| ||||||
22 | (f) Discharge and dismissal upon a successful conclusion of | ||||||
23 | a
disposition of supervision shall be deemed without | ||||||
24 | adjudication of guilt
and shall not be termed a conviction for | ||||||
25 | purposes of disqualification or
disabilities imposed by law | ||||||
26 | upon conviction of a crime. Two years after the
discharge and |
| |||||||
| |||||||
1 | dismissal under this Section, unless the disposition of
| ||||||
2 | supervision was for a violation of Sections 3-707, 3-708, | ||||||
3 | 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | ||||||
4 | similar
provision of a local ordinance, or for a violation of | ||||||
5 | Sections 12-3.2
or 16A-3 of the Criminal Code of 1961, in which | ||||||
6 | case it shall be 5
years after discharge and dismissal, a | ||||||
7 | person may have his record
of arrest sealed or expunged as may | ||||||
8 | be provided by law. However, any
defendant placed on | ||||||
9 | supervision before January 1, 1980, may move for
sealing or | ||||||
10 | expungement of his arrest record, as provided by law, at any
| ||||||
11 | time after discharge and dismissal under this Section.
A person | ||||||
12 | placed on supervision for a sexual offense committed against a | ||||||
13 | minor
as defined in subsection (g) of Section 5 of the Criminal | ||||||
14 | Identification Act
or for a violation of Section 11-501 of the | ||||||
15 | Illinois Vehicle Code or a
similar provision of a local | ||||||
16 | ordinance
shall not have his or her record of arrest sealed or | ||||||
17 | expunged.
| ||||||
18 | (g) A defendant placed on supervision and who during the | ||||||
19 | period of
supervision undergoes mandatory drug or alcohol | ||||||
20 | testing, or both, or is
assigned to be placed on an approved | ||||||
21 | electronic monitoring device, shall be
ordered to pay the costs | ||||||
22 | incidental to such mandatory drug or alcohol
testing, or both, | ||||||
23 | and costs incidental to such approved electronic
monitoring in | ||||||
24 | accordance with the defendant's ability to pay those costs.
The | ||||||
25 | county board with the concurrence of the Chief Judge of the | ||||||
26 | judicial
circuit in which the county is located shall establish |
| |||||||
| |||||||
1 | reasonable fees for
the cost of maintenance, testing, and | ||||||
2 | incidental expenses related to the
mandatory drug or alcohol | ||||||
3 | testing, or both, and all costs incidental to
approved | ||||||
4 | electronic monitoring, of all defendants placed on | ||||||
5 | supervision.
The concurrence of the Chief Judge shall be in the | ||||||
6 | form of an
administrative order.
The fees shall be collected by | ||||||
7 | the clerk of the circuit court. The clerk of
the circuit court | ||||||
8 | shall pay all moneys collected from these fees to the county
| ||||||
9 | treasurer who shall use the moneys collected to defray the | ||||||
10 | costs of
drug testing, alcohol testing, and electronic | ||||||
11 | monitoring.
The county treasurer shall deposit the fees | ||||||
12 | collected in the
county working cash fund under Section 6-27001 | ||||||
13 | or Section 6-29002 of the
Counties Code, as the case may be.
| ||||||
14 | (h) A disposition of supervision is a final order for the | ||||||
15 | purposes
of appeal.
| ||||||
16 | (i) The court shall impose upon a defendant placed on | ||||||
17 | supervision
after January 1, 1992 or to community service under | ||||||
18 | the supervision of a
probation or court services department | ||||||
19 | after January 1, 2004, as a condition
of supervision or | ||||||
20 | supervised community service, a fee of $50 for
each month of | ||||||
21 | supervision or supervised community service ordered by the
| ||||||
22 | court, unless after
determining the inability of the person | ||||||
23 | placed on supervision or supervised
community service to pay | ||||||
24 | the
fee, the court assesses a lesser fee. The court may not | ||||||
25 | impose the fee on a
minor who is made a ward of the State under | ||||||
26 | the Juvenile Court Act of 1987
while the minor is in placement.
|
| |||||||
| |||||||
1 | The fee shall be imposed only upon a
defendant who is actively | ||||||
2 | supervised by the
probation and court services
department. The | ||||||
3 | fee shall be collected by the clerk of the circuit court.
The | ||||||
4 | clerk of the circuit court shall pay all monies collected from | ||||||
5 | this fee
to the county treasurer for deposit in the probation | ||||||
6 | and court services
fund pursuant to Section 15.1 of the | ||||||
7 | Probation and
Probation Officers Act.
| ||||||
8 | A circuit court may not impose a probation fee in excess of | ||||||
9 | $25
per month unless: (1) the circuit court has adopted, by | ||||||
10 | administrative
order issued by the chief judge, a standard | ||||||
11 | probation fee guide
determining an offender's ability to pay, | ||||||
12 | under guidelines developed by
the Administrative
Office of the | ||||||
13 | Illinois Courts; and (2) the circuit court has authorized, by
| ||||||
14 | administrative order issued by the chief judge, the creation of | ||||||
15 | a Crime
Victim's Services Fund, to be administered by the Chief | ||||||
16 | Judge or his or
her designee, for services to crime victims and | ||||||
17 | their families. Of the
amount collected as a probation fee, not | ||||||
18 | to exceed $5 of that fee
collected per month may be used to | ||||||
19 | provide services to crime victims
and their families.
| ||||||
20 | (j) All fines and costs imposed under this Section for any
| ||||||
21 | violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
22 | Code, or a
similar provision of a local ordinance, and any | ||||||
23 | violation of the Child
Passenger Protection Act, or a similar | ||||||
24 | provision of a local ordinance, shall
be collected and | ||||||
25 | disbursed by the circuit clerk as provided under Section
27.5 | ||||||
26 | of the Clerks of Courts Act.
|
| |||||||
| |||||||
1 | (k) A defendant at least 17 years of age who is placed on | ||||||
2 | supervision
for a misdemeanor in a county of 3,000,000 or more | ||||||
3 | inhabitants
and who has not been previously convicted of a | ||||||
4 | misdemeanor or felony
may as a condition of his or her | ||||||
5 | supervision be required by the court to
attend educational | ||||||
6 | courses designed to prepare the defendant for a high school
| ||||||
7 | diploma and to work toward a high school diploma or to work | ||||||
8 | toward passing the
high school level Test of General | ||||||
9 | Educational Development (GED) or to work
toward completing a | ||||||
10 | vocational training program approved by the court. The
| ||||||
11 | defendant placed on supervision must attend a public | ||||||
12 | institution of education
to obtain the educational or | ||||||
13 | vocational training required by this subsection
(k). The | ||||||
14 | defendant placed on supervision shall be required to pay for | ||||||
15 | the cost
of the educational courses or GED test, if a fee is | ||||||
16 | charged for those courses
or test. The court shall revoke the | ||||||
17 | supervision of a person who wilfully fails
to comply with this | ||||||
18 | subsection (k). The court shall resentence the defendant
upon | ||||||
19 | revocation of supervision as provided in Section 5-6-4. This | ||||||
20 | subsection
(k) does not apply to a defendant who has a high | ||||||
21 | school diploma or has
successfully passed the GED test. This | ||||||
22 | subsection (k) does not apply to a
defendant who is determined | ||||||
23 | by the court to be developmentally disabled or
otherwise | ||||||
24 | mentally incapable of completing the
educational or vocational | ||||||
25 | program.
| ||||||
26 | (l) The court shall require a defendant placed on |
| |||||||
| |||||||
1 | supervision for
possession of a substance
prohibited by the | ||||||
2 | Cannabis Control Act, the Illinois Controlled Substances Act, | ||||||
3 | or the Methamphetamine Control and Community Protection Act
| ||||||
4 | after a previous conviction or disposition of supervision for | ||||||
5 | possession of a
substance prohibited by the Cannabis Control | ||||||
6 | Act, the Illinois Controlled
Substances Act, or the | ||||||
7 | Methamphetamine Control and Community Protection Act or a | ||||||
8 | sentence of probation under Section 10 of the Cannabis
Control | ||||||
9 | Act or Section 410 of the Illinois Controlled Substances Act
| ||||||
10 | and after a finding by the court that the person is addicted, | ||||||
11 | to undergo
treatment at a substance abuse program approved by | ||||||
12 | the court.
| ||||||
13 | (m) The Secretary of State shall require anyone placed on | ||||||
14 | court supervision
for a
violation of Section 3-707 of the | ||||||
15 | Illinois Vehicle Code or a similar provision
of a local | ||||||
16 | ordinance
to give proof of his or her financial
responsibility | ||||||
17 | as
defined in Section 7-315 of the Illinois Vehicle Code. The | ||||||
18 | proof shall be
maintained by the individual in a manner | ||||||
19 | satisfactory to the Secretary of State
for
a
minimum period of | ||||||
20 | one year after the date the proof is first filed.
The proof | ||||||
21 | shall be limited to a single action per arrest and may not be
| ||||||
22 | affected by any post-sentence disposition. The Secretary of | ||||||
23 | State shall
suspend the driver's license of any person
| ||||||
24 | determined by the Secretary to be in violation of this | ||||||
25 | subsection. | ||||||
26 | (n) Any offender placed on supervision for any offense that |
| |||||||
| |||||||
1 | the court or probation department has determined to be sexually | ||||||
2 | motivated as defined in the Sex Offender Management Board Act | ||||||
3 | shall be required to refrain from any contact, directly or | ||||||
4 | indirectly, with any persons specified by the court and shall | ||||||
5 | be available for all evaluations and treatment programs | ||||||
6 | required by the court or the probation department.
| ||||||
7 | (o) An offender placed on supervision for a sex offense as | ||||||
8 | defined in the Sex Offender
Management Board Act shall refrain | ||||||
9 | from residing at the same address or in the same condominium | ||||||
10 | unit or apartment unit or in the same condominium complex or | ||||||
11 | apartment complex with another person he or she knows or | ||||||
12 | reasonably should know is a convicted sex offender or has been | ||||||
13 | placed on supervision for a sex offense. The provisions of this | ||||||
14 | subsection (o) do not apply to a person convicted of a sex | ||||||
15 | offense who is placed in a Department of Corrections licensed | ||||||
16 | transitional housing facility for sex offenders. | ||||||
17 | (Source: P.A. 93-475, eff. 8-8-03; 93-970, eff. 8-20-04; | ||||||
18 | 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; 94-556, eff. | ||||||
19 | 9-11-05; revised 8-19-05.)
|