Rep. Suzanne Bassi
Filed: 4/9/2008
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1 | AMENDMENT TO HOUSE BILL 3038
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2 | AMENDMENT NO. ______. Amend House Bill 3038 by replacing | ||||||
3 | the title with the following:
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4 | "AN ACT concerning domestic violence, which may be referred | ||||||
5 | to as the Cindy Bischof Law."; and | ||||||
6 | by replacing everything after the enacting clause with the | ||||||
7 | following:
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8 | "Section 5. The Department of State Police Law of the
Civil | ||||||
9 | Administrative Code of Illinois is amended by adding Section | ||||||
10 | 2605-585 as follows: | ||||||
11 | (20 ILCS 2605/2605-585 new)
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12 | Sec. 2605-585. Protocols for domestic violence | ||||||
13 | surveillance. The Department of State Police shall develop a | ||||||
14 | protocol to coordinate actions of the courts and law | ||||||
15 | enforcement agencies to implement the domestic violence |
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1 | surveillance program established in Section 5-8A-7 of the | ||||||
2 | Unified Code of Corrections, including the deposit and | ||||||
3 | administration of fines provided for in Section 5-9-1.16 of the | ||||||
4 | Unified Code of Corrections.
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5 | Section 10. The State Finance Act is amended by adding | ||||||
6 | Section 5.710 as follows: | ||||||
7 | (30 ILCS 105/5.710 new) | ||||||
8 | Sec. 5.710. The Domestic Violence Surveillance Fund. | ||||||
9 | Section 15. The Criminal Code of 1961 is amended by | ||||||
10 | changing Section 12-30 as follows:
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11 | (720 ILCS 5/12-30) (from Ch. 38, par. 12-30)
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12 | Sec. 12-30. Violation of an order of protection.
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13 | (a) A person commits violation of an order of protection | ||||||
14 | if:
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15 | (1) He or she commits an act which was prohibited by a | ||||||
16 | court or fails
to commit
an act which was ordered by a | ||||||
17 | court in violation of:
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18 | (i) a remedy in a valid
order of protection | ||||||
19 | authorized under paragraphs (1), (2), (3), (14),
or
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20 | (14.5) , or (18) of
subsection (b) of Section 214 of the | ||||||
21 | Illinois Domestic Violence Act of 1986,
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22 | (ii) a remedy, which is substantially similar to |
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| |||||||
1 | the remedies
authorized
under paragraphs (1), (2), | ||||||
2 | (3), (14) , or (14.5) , or (18) of subsection (b) of | ||||||
3 | Section 214
of the Illinois Domestic Violence Act of | ||||||
4 | 1986, in a valid order of protection,
which is | ||||||
5 | authorized under the laws of another state, tribe or | ||||||
6 | United States
territory,
| ||||||
7 | (iii) any other remedy when the act constitutes a | ||||||
8 | crime against the
protected parties
as the term | ||||||
9 | protected parties is defined in Section 112A-4 of the | ||||||
10 | Code of
Criminal Procedure of 1963; and
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11 | (2) Such violation occurs after the offender has been | ||||||
12 | served notice of
the contents of the order, pursuant to the | ||||||
13 | Illinois Domestic Violence
Act of 1986 or any substantially | ||||||
14 | similar statute of another state, tribe or
United
States | ||||||
15 | territory, or otherwise has acquired actual knowledge of | ||||||
16 | the contents
of the
order.
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17 | An order of protection issued by a state, tribal or | ||||||
18 | territorial
court
related to domestic or family violence shall | ||||||
19 | be deemed valid if the issuing
court had jurisdiction over the | ||||||
20 | parties and matter under the law of the state,
tribe or | ||||||
21 | territory. There shall be a presumption of validity where an | ||||||
22 | order is
certified and appears authentic on its face.
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23 | (a-5) Failure to provide reasonable notice and opportunity | ||||||
24 | to be heard
shall
be an affirmative defense to any charge or | ||||||
25 | process filed seeking enforcement of
a foreign order of | ||||||
26 | protection.
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1 | (b) For purposes of this Section, an "order of protection" | ||||||
2 | may have been
issued in a criminal or civil proceeding.
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3 | (c) Nothing in this Section shall be construed to diminish | ||||||
4 | the inherent
authority of the courts to enforce their lawful | ||||||
5 | orders through civil or
criminal contempt proceedings.
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6 | (d) Violation of an order of protection under subsection | ||||||
7 | (a) of this
Section is a Class A misdemeanor.
Violation of an | ||||||
8 | order of protection under subsection (a) of this Section is a
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9 | Class 4 felony if the defendant has any prior conviction under | ||||||
10 | this Code for
domestic battery (Section 12-3.2)
or violation of | ||||||
11 | an order of protection (Section
12-30). Violation of an order | ||||||
12 | of protection is a Class 4 felony if the
defendant has any | ||||||
13 | prior conviction under this Code for
first degree murder | ||||||
14 | (Section 9-1), attempt to commit first degree murder
(Section | ||||||
15 | 8-4), aggravated domestic battery (Section 12-3.3),
aggravated | ||||||
16 | battery
(Section 12-4),
heinous battery (Section 12-4.1), | ||||||
17 | aggravated battery with a firearm (Section
12-4.2), aggravated | ||||||
18 | battery of a child (Section 12-4.3), aggravated battery of
an | ||||||
19 | unborn child (Section 12-4.4), aggravated battery of a senior | ||||||
20 | citizen
(Section 12-4.6),
stalking (Section 12-7.3), | ||||||
21 | aggravated stalking (Section
12-7.4),
criminal sexual assault | ||||||
22 | (Section 12-13), aggravated criminal sexual assault
(12-14), | ||||||
23 | kidnapping (Section 10-1), aggravated kidnapping (Section | ||||||
24 | 10-2),
predatory criminal sexual assault of a child (Section | ||||||
25 | 12-14.1),
aggravated criminal sexual abuse (Section 12-16),
| ||||||
26 | unlawful restraint (Section 10-3), aggravated unlawful |
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1 | restraint
(Section
10-3.1),
aggravated arson (Section 20-1.1), | ||||||
2 | or aggravated discharge of a firearm
(Section 24-1.2),
when any | ||||||
3 | of these offenses have been committed against a family or
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4 | household member as defined in Section 112A-3 of the Code of | ||||||
5 | Criminal Procedure
of 1963. The court shall impose a minimum | ||||||
6 | penalty of 24 hours imprisonment for
defendant's second or | ||||||
7 | subsequent violation of any order of protection; unless
the | ||||||
8 | court explicitly finds that an increased penalty or such period | ||||||
9 | of
imprisonment would be manifestly unjust. In addition to any | ||||||
10 | other penalties,
the court may order the defendant to pay a | ||||||
11 | fine as authorized under Section
5-9-1 of the Unified Code of | ||||||
12 | Corrections or to make restitution to the victim
under Section | ||||||
13 | 5-5-6 of the Unified Code of Corrections. In addition to any
| ||||||
14 | other penalties, including those imposed by Section 5-9-1.5 of | ||||||
15 | the Unified Code
of Corrections, the court shall impose an | ||||||
16 | additional fine of $20 as authorized
by Section 5-9-1.11 of the | ||||||
17 | Unified Code of Corrections upon any person
convicted of or | ||||||
18 | placed on supervision for a violation of this
Section. The | ||||||
19 | additional fine shall
be imposed for each violation of this | ||||||
20 | Section.
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21 | (e) The limitations placed on law enforcement liability by | ||||||
22 | Section 305 of
the Illinois Domestic Violence Act of 1986 apply | ||||||
23 | to actions taken under this
Section.
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24 | (Source: P.A. 91-112, eff. 10-1-99; 91-357, eff. 7-29-99; | ||||||
25 | 92-827, eff.
8-22-02.)
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1 | Section 20. The Code of Criminal Procedure of 1963 is | ||||||
2 | amended by changing Sections 110-5 and 112A-14 as follows:
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3 | (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
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4 | Sec. 110-5. Determining the amount of bail and conditions | ||||||
5 | of release.
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6 | (a) In determining the amount of monetary bail or | ||||||
7 | conditions of release, if
any,
which will reasonably assure the | ||||||
8 | appearance of a defendant as required or
the safety of any | ||||||
9 | other person or the community and the likelihood of
compliance | ||||||
10 | by the
defendant with all the conditions of bail, the court | ||||||
11 | shall, on the
basis of available information, take into account | ||||||
12 | such matters as the
nature and circumstances of the offense | ||||||
13 | charged, whether the evidence
shows that as part of the offense | ||||||
14 | there was a use of violence or threatened
use of violence, | ||||||
15 | whether the offense involved corruption of public
officials or | ||||||
16 | employees, whether there was physical harm or threats of | ||||||
17 | physical
harm to any
public official, public employee, judge, | ||||||
18 | prosecutor, juror or witness,
senior citizen, child or | ||||||
19 | handicapped person, whether evidence shows that
during the | ||||||
20 | offense or during the arrest the defendant possessed or used a
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21 | firearm, machine gun, explosive or metal piercing ammunition or | ||||||
22 | explosive
bomb device or any military or paramilitary armament,
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23 | whether the evidence
shows that the offense committed was | ||||||
24 | related to or in furtherance of the
criminal activities of an | ||||||
25 | organized gang or was motivated by the defendant's
membership |
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1 | in or allegiance to an organized gang,
the condition of the
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2 | victim, any written statement submitted by the victim or | ||||||
3 | proffer or
representation by the State regarding the
impact | ||||||
4 | which the alleged criminal conduct has had on the victim and | ||||||
5 | the
victim's concern, if any, with further contact with the | ||||||
6 | defendant if
released on bail, whether the offense was based on | ||||||
7 | racial, religious,
sexual orientation or ethnic hatred,
the | ||||||
8 | likelihood of the filing of a greater charge, the likelihood of
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9 | conviction, the sentence applicable upon conviction, the | ||||||
10 | weight of the evidence
against such defendant, whether there | ||||||
11 | exists motivation or ability to
flee, whether there is any | ||||||
12 | verification as to prior residence, education,
or family ties | ||||||
13 | in the local jurisdiction, in another county,
state or foreign | ||||||
14 | country, the defendant's employment, financial resources,
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15 | character and mental condition, past conduct, prior use of | ||||||
16 | alias names or
dates of birth, and length of residence in the | ||||||
17 | community,
the consent of the defendant to periodic drug | ||||||
18 | testing in accordance with
Section 110-6.5,
whether a foreign | ||||||
19 | national defendant is lawfully admitted in the United
States of | ||||||
20 | America, whether the government of the foreign national
| ||||||
21 | maintains an extradition treaty with the United States by which | ||||||
22 | the foreign
government will extradite to the United States its | ||||||
23 | national for a trial for
a crime allegedly committed in the | ||||||
24 | United States, whether the defendant is
currently subject to | ||||||
25 | deportation or exclusion under the immigration laws of
the | ||||||
26 | United States, whether the defendant, although a United States |
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1 | citizen,
is considered under the law of any foreign state a | ||||||
2 | national of that state
for the purposes of extradition or | ||||||
3 | non-extradition to the United States,
the amount of unrecovered | ||||||
4 | proceeds lost as a result of
the alleged offense, the
source of | ||||||
5 | bail funds tendered or sought to be tendered for bail,
whether | ||||||
6 | from the totality of the court's consideration,
the loss of | ||||||
7 | funds posted or sought to be posted for bail will not deter the
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8 | defendant from flight, whether the evidence shows that the | ||||||
9 | defendant is
engaged in significant
possession, manufacture, | ||||||
10 | or delivery of a controlled substance or cannabis,
either | ||||||
11 | individually or in consort with others,
whether at the time of | ||||||
12 | the offense
charged he was on bond or pre-trial release pending | ||||||
13 | trial, probation,
periodic imprisonment or conditional | ||||||
14 | discharge pursuant to this Code or the
comparable Code of any | ||||||
15 | other state or federal jurisdiction, whether the
defendant is | ||||||
16 | on bond or
pre-trial release pending the imposition or | ||||||
17 | execution of sentence or appeal of
sentence for any offense | ||||||
18 | under the laws of Illinois or any other state or
federal | ||||||
19 | jurisdiction, whether the defendant is under parole or | ||||||
20 | mandatory
supervised release or
work release from the Illinois | ||||||
21 | Department of Corrections or any penal
institution or | ||||||
22 | corrections department of any state or federal
jurisdiction, | ||||||
23 | the defendant's record of convictions, whether the defendant | ||||||
24 | has been
convicted of a misdemeanor or ordinance offense in | ||||||
25 | Illinois or similar
offense in other state or federal | ||||||
26 | jurisdiction within the 10 years
preceding the current charge |
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1 | or convicted of a felony in Illinois, whether
the defendant was | ||||||
2 | convicted of an offense in another state or federal
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3 | jurisdiction that would
be a felony if committed in Illinois | ||||||
4 | within the 20 years preceding the
current charge or has been | ||||||
5 | convicted of such felony and released from the
penitentiary | ||||||
6 | within 20 years preceding the current charge if a
penitentiary | ||||||
7 | sentence was imposed in Illinois or other state or federal
| ||||||
8 | jurisdiction, the defendant's records of juvenile adjudication | ||||||
9 | of delinquency in any
jurisdiction, any record of appearance or | ||||||
10 | failure to appear by
the defendant at
court proceedings, | ||||||
11 | whether there was flight to avoid arrest or
prosecution, | ||||||
12 | whether the defendant escaped or
attempted to escape to avoid | ||||||
13 | arrest, whether the defendant refused to
identify himself, or | ||||||
14 | whether there was a refusal by the defendant to be
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15 | fingerprinted as required by law. Information used by the court | ||||||
16 | in its
findings or stated in or
offered in connection with this | ||||||
17 | Section may be by way of proffer based upon
reliable | ||||||
18 | information offered by the State or defendant.
All evidence | ||||||
19 | shall be admissible if it is relevant and
reliable regardless | ||||||
20 | of whether it would be admissible under the rules of
evidence | ||||||
21 | applicable at criminal trials.
If the State presents evidence | ||||||
22 | that the offense committed by the defendant
was related to or | ||||||
23 | in furtherance of the criminal activities of an organized
gang | ||||||
24 | or was motivated by the defendant's membership in or allegiance | ||||||
25 | to an
organized gang, and if the court determines that the | ||||||
26 | evidence may be
substantiated, the court shall prohibit the |
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1 | defendant from associating with
other members of the organized | ||||||
2 | gang as a condition of bail or release.
For the purposes of | ||||||
3 | this Section,
"organized gang" has the meaning ascribed to it | ||||||
4 | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||||||
5 | Prevention Act.
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6 | (b) The amount of bail shall be:
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7 | (1) Sufficient to assure compliance with the | ||||||
8 | conditions set forth in the
bail bond, which shall include | ||||||
9 | the defendant's current address with a written
| ||||||
10 | admonishment to the defendant that he or she must comply | ||||||
11 | with the provisions of
Section 110-12 regarding any change | ||||||
12 | in his or her address. The defendant's
address shall at all | ||||||
13 | times remain a matter of public record with the clerk
of | ||||||
14 | the court.
| ||||||
15 | (2) Not oppressive.
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16 | (3) Considerate of the financial ability of the | ||||||
17 | accused.
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18 | (4) When a person is charged with a drug related | ||||||
19 | offense involving
possession or delivery of cannabis or | ||||||
20 | possession or delivery of a
controlled substance as defined | ||||||
21 | in the Cannabis Control Act,
the Illinois Controlled | ||||||
22 | Substances Act, or the Methamphetamine Control and | ||||||
23 | Community Protection Act, the full street value
of the | ||||||
24 | drugs seized shall be considered. "Street value" shall be
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25 | determined by the court on the basis of a proffer by the | ||||||
26 | State based upon
reliable information of a law enforcement |
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1 | official contained in a written
report as to the amount | ||||||
2 | seized and such proffer may be used by the court as
to the | ||||||
3 | current street value of the smallest unit of the drug | ||||||
4 | seized.
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5 | (b-5) Upon the filing of a written request demonstrating | ||||||
6 | reasonable cause, the State's Attorney may request a source of | ||||||
7 | bail hearing either before or after the posting of any funds.
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8 | If the hearing is granted, before the posting of any bail, the | ||||||
9 | accused must file a written notice requesting that the court | ||||||
10 | conduct a source of bail hearing. The notice must be | ||||||
11 | accompanied by justifying affidavits stating the legitimate | ||||||
12 | and lawful source of funds for bail. At the hearing, the court | ||||||
13 | shall inquire into any matters stated in any justifying | ||||||
14 | affidavits, and may also inquire into matters appropriate to | ||||||
15 | the determination which shall include, but are not limited to, | ||||||
16 | the following: | ||||||
17 | (1) the background, character, reputation, and | ||||||
18 | relationship to the accused of any surety; and | ||||||
19 | (2) the source of any money or property deposited by | ||||||
20 | any surety, and whether any such money or property | ||||||
21 | constitutes the fruits of criminal or unlawful conduct; and | ||||||
22 | (3) the source of any money posted as cash bail, and | ||||||
23 | whether any such money constitutes the fruits of criminal | ||||||
24 | or unlawful conduct; and | ||||||
25 | (4) the background, character, reputation, and | ||||||
26 | relationship to the accused of the person posting cash |
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1 | bail. | ||||||
2 | Upon setting the hearing, the court shall examine, under | ||||||
3 | oath, any persons who may possess material information. | ||||||
4 | The State's Attorney has a right to attend the hearing, to | ||||||
5 | call witnesses and to examine any witness in the proceeding. | ||||||
6 | The court shall, upon request of the State's Attorney, continue | ||||||
7 | the proceedings for a reasonable period to allow the State's | ||||||
8 | Attorney to investigate the matter raised in any testimony or | ||||||
9 | affidavit.
If the hearing is granted after the accused has | ||||||
10 | posted bail, the court shall conduct a hearing consistent with | ||||||
11 | this subsection (b-5). At the conclusion of the hearing, the | ||||||
12 | court must issue an order either approving of disapproving the | ||||||
13 | bail.
| ||||||
14 | (c) When a person is charged with an offense punishable by | ||||||
15 | fine only the
amount of the bail shall not exceed double the | ||||||
16 | amount of the maximum penalty.
| ||||||
17 | (d) When a person has been convicted of an offense and only | ||||||
18 | a fine has
been imposed the amount of the bail shall not exceed | ||||||
19 | double the amount of
the fine.
| ||||||
20 | (e) The State may appeal any order granting bail or setting
| ||||||
21 | a given amount for bail. | ||||||
22 | (f) When a person is charged with a violation of an order | ||||||
23 | of protection under Section 12-30 of the Criminal Code of 1961, | ||||||
24 | the court may order that the person, as a condition of bail, be | ||||||
25 | placed under electronic surveillance as provided in Section | ||||||
26 | 5-8A-7 of the Unified Code of Corrections.
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1 | (Source: P.A. 93-254, eff. 1-1-04; 93-817, eff. 7-27-04; | ||||||
2 | 94-556, eff. 9-11-05.)
| ||||||
3 | (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
| ||||||
4 | Sec. 112A-14. Order of protection; remedies.
| ||||||
5 | (a) Issuance of order. If the court finds that petitioner | ||||||
6 | has been
abused by a family or household member, as defined in | ||||||
7 | this Article, an
order of protection prohibiting such abuse | ||||||
8 | shall issue; provided that
petitioner must also satisfy the | ||||||
9 | requirements of one of the following
Sections, as appropriate: | ||||||
10 | Section 112A-17 on emergency orders, Section
112A-18 on interim | ||||||
11 | orders, or Section 112A-19 on
plenary orders.
Petitioner shall | ||||||
12 | not be denied an order of protection because petitioner or
| ||||||
13 | respondent is a minor. The court, when determining whether or | ||||||
14 | not to issue
an order of protection, shall not require physical | ||||||
15 | manifestations of abuse
on the person of the victim. | ||||||
16 | Modification and extension of prior orders of
protection shall | ||||||
17 | be in accordance with this Article.
| ||||||
18 | (b) Remedies and standards. The remedies to be included in | ||||||
19 | an order of
protection shall be determined in accordance with | ||||||
20 | this Section and one of
the following Sections, as appropriate: | ||||||
21 | Section 112A-17 on
emergency orders,
Section 112A-18 on interim | ||||||
22 | orders, and Section 112A-19 on
plenary orders.
The remedies | ||||||
23 | listed in this subsection shall be in addition to other civil
| ||||||
24 | or criminal remedies available to petitioner. The remedy | ||||||
25 | provided in paragraph (18) of this subsection (b) shall be |
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| |||||||
1 | included in every order of protection issued on or after the | ||||||
2 | effective date of this amendatory Act of the 95th General | ||||||
3 | Assembly.
| ||||||
4 | (1) Prohibition of abuse. Prohibit respondent's | ||||||
5 | harassment,
interference with personal liberty, | ||||||
6 | intimidation of a dependent, physical
abuse or willful | ||||||
7 | deprivation, as defined in this Article, if such abuse has
| ||||||
8 | occurred or otherwise appears likely to occur if not | ||||||
9 | prohibited.
| ||||||
10 | (2) Grant of exclusive possession of residence. | ||||||
11 | Prohibit respondent
from entering or remaining in any | ||||||
12 | residence or household of the petitioner,
including one | ||||||
13 | owned or leased by respondent, if petitioner has a right
to | ||||||
14 | occupancy thereof. The grant of exclusive possession of the | ||||||
15 | residence
shall not affect title to real property, nor | ||||||
16 | shall the court be limited by
the standard set forth in | ||||||
17 | Section 701 of the Illinois Marriage and
Dissolution of | ||||||
18 | Marriage Act.
| ||||||
19 | (A) Right to occupancy. A party has a right to | ||||||
20 | occupancy of a
residence or household if it is
solely | ||||||
21 | or jointly owned or leased by that party, that party's | ||||||
22 | spouse, a
person with a legal duty to support that | ||||||
23 | party or a minor child in that
party's care, or by any | ||||||
24 | person or entity other than the opposing party that
| ||||||
25 | authorizes that party's occupancy (e.g., a domestic | ||||||
26 | violence shelter).
Standards set forth in subparagraph |
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| |||||||
1 | (B) shall not preclude equitable relief.
| ||||||
2 | (B) Presumption of hardships. If petitioner and | ||||||
3 | respondent
each has the right to occupancy of a | ||||||
4 | residence or household, the court
shall balance (i) the | ||||||
5 | hardships to respondent and any minor child or
| ||||||
6 | dependent adult in respondent's care resulting from | ||||||
7 | entry of this remedy with (ii)
the hardships to | ||||||
8 | petitioner and any minor child or dependent adult in
| ||||||
9 | petitioner's care resulting from continued exposure to | ||||||
10 | the risk of abuse (should
petitioner remain at the | ||||||
11 | residence or household) or from loss of possession
of | ||||||
12 | the residence or household (should petitioner leave to | ||||||
13 | avoid the risk
of abuse). When determining the balance | ||||||
14 | of hardships, the court shall also
take into account | ||||||
15 | the accessibility of the residence or household.
| ||||||
16 | Hardships need not be balanced if respondent does not | ||||||
17 | have a right to occupancy.
| ||||||
18 | The balance of hardships is presumed to favor | ||||||
19 | possession by
petitioner unless the presumption is | ||||||
20 | rebutted by a preponderance of the
evidence, showing | ||||||
21 | that the hardships to respondent substantially | ||||||
22 | outweigh
the hardships to petitioner and any minor | ||||||
23 | child or dependent adult in petitioner's
care. The | ||||||
24 | court, on the request of petitioner or on its own | ||||||
25 | motion,
may order respondent to provide suitable, | ||||||
26 | accessible, alternate housing
for petitioner instead |
| |||||||
| |||||||
1 | of
excluding respondent from a mutual residence or | ||||||
2 | household.
| ||||||
3 | (3) Stay away order and additional prohibitions.
Order | ||||||
4 | respondent to stay away from petitioner or any other person
| ||||||
5 | protected by the order of protection, or prohibit | ||||||
6 | respondent from entering
or remaining present at | ||||||
7 | petitioner's school, place of employment, or other
| ||||||
8 | specified places at times when petitioner is present, or | ||||||
9 | both, if
reasonable, given
the balance of hardships. | ||||||
10 | Hardships need not be balanced for the court
to enter a | ||||||
11 | stay away order or prohibit entry
if respondent has no | ||||||
12 | right to enter the premises.
| ||||||
13 | If an order of protection grants petitioner exclusive | ||||||
14 | possession
of the residence, or prohibits respondent from | ||||||
15 | entering the residence,
or orders respondent to stay away | ||||||
16 | from petitioner or other
protected persons, then the court | ||||||
17 | may allow respondent access to the
residence to remove | ||||||
18 | items of clothing and personal adornment
used exclusively | ||||||
19 | by respondent, medications, and other items as the court | ||||||
20 | directs.
The right to access shall be exercised on only one | ||||||
21 | occasion as the court directs
and in the presence of an | ||||||
22 | agreed-upon adult third party or law enforcement officer.
| ||||||
23 | (4) Counseling. Require or recommend the respondent to | ||||||
24 | undergo
counseling for a specified duration with a social | ||||||
25 | worker, psychologist,
clinical psychologist, psychiatrist, | ||||||
26 | family service agency, alcohol or
substance abuse program, |
| |||||||
| |||||||
1 | mental health center guidance counselor, agency
providing | ||||||
2 | services to elders, program designed for domestic violence
| ||||||
3 | abusers or any other guidance service the court deems | ||||||
4 | appropriate.
| ||||||
5 | (5) Physical care and possession of the minor child. In | ||||||
6 | order to protect
the minor child from abuse, neglect, or | ||||||
7 | unwarranted separation from the person
who has been the | ||||||
8 | minor child's primary caretaker, or to otherwise protect | ||||||
9 | the
well-being of the minor child, the court may do either | ||||||
10 | or both of the following:
(i) grant petitioner physical | ||||||
11 | care or possession of the minor child, or both, or
(ii) | ||||||
12 | order respondent to return a minor child to, or not remove | ||||||
13 | a minor child
from, the physical care of a parent or person | ||||||
14 | in loco parentis.
| ||||||
15 | If a court finds, after a hearing, that respondent has | ||||||
16 | committed abuse
(as defined in Section 112A-3) of a minor | ||||||
17 | child, there shall be a
rebuttable presumption that | ||||||
18 | awarding physical care to respondent would not
be in the | ||||||
19 | minor child's best interest.
| ||||||
20 | (6) Temporary legal custody.
Award temporary legal | ||||||
21 | custody to petitioner in accordance with this Section,
the | ||||||
22 | Illinois Marriage
and Dissolution of Marriage Act, the | ||||||
23 | Illinois Parentage Act of 1984,
and this State's Uniform | ||||||
24 | Child-Custody
Jurisdiction and Enforcement Act.
| ||||||
25 | If a court finds, after a hearing, that respondent
has | ||||||
26 | committed abuse (as defined in Section 112A-3) of a
minor |
| |||||||
| |||||||
1 | child, there shall be a rebuttable presumption that | ||||||
2 | awarding
temporary legal custody to respondent would not be | ||||||
3 | in the
child's best interest.
| ||||||
4 | (7) Visitation. Determine the
visitation rights, if | ||||||
5 | any, of respondent in any case in which the court
awards | ||||||
6 | physical care or temporary legal custody of a minor child | ||||||
7 | to
petitioner. The court shall restrict or deny | ||||||
8 | respondent's visitation with
a minor child if
the court | ||||||
9 | finds that respondent has done or is likely to do any of | ||||||
10 | the
following: (i) abuse or endanger the minor child during | ||||||
11 | visitation; (ii) use the
visitation as an opportunity to | ||||||
12 | abuse or harass petitioner or
petitioner's family or | ||||||
13 | household members; (iii) improperly conceal or
detain the | ||||||
14 | minor child; or (iv) otherwise act in a manner that is not | ||||||
15 | in
the best interests of the minor child. The court shall | ||||||
16 | not be limited by the
standards set forth in Section 607.1 | ||||||
17 | of the Illinois Marriage and
Dissolution of Marriage Act. | ||||||
18 | If the court grants visitation, the order
shall specify | ||||||
19 | dates and times for the visitation to take place or other
| ||||||
20 | specific parameters or conditions that are appropriate. No | ||||||
21 | order for
visitation shall refer merely to the term | ||||||
22 | "reasonable visitation".
| ||||||
23 | Petitioner may deny respondent access to the minor | ||||||
24 | child if, when
respondent arrives for visitation, | ||||||
25 | respondent is under the influence of drugs
or alcohol and | ||||||
26 | constitutes a threat to the safety and well-being of
|
| |||||||
| |||||||
1 | petitioner or petitioner's minor children or is behaving in | ||||||
2 | a violent or abusive manner.
| ||||||
3 | If necessary to protect any member of petitioner's | ||||||
4 | family or
household from future abuse, respondent shall be | ||||||
5 | prohibited from coming to
petitioner's residence to meet | ||||||
6 | the minor child for visitation, and the
parties shall | ||||||
7 | submit to the court their recommendations for reasonable
| ||||||
8 | alternative arrangements for visitation. A person may be | ||||||
9 | approved to
supervise visitation only after filing an | ||||||
10 | affidavit accepting
that responsibility and acknowledging | ||||||
11 | accountability to the court.
| ||||||
12 | (8) Removal or concealment of minor child.
Prohibit | ||||||
13 | respondent from
removing a minor child from the State or | ||||||
14 | concealing the child within the
State.
| ||||||
15 | (9) Order to appear. Order the respondent to
appear in | ||||||
16 | court, alone
or with a minor child, to prevent abuse, | ||||||
17 | neglect, removal or concealment of
the child, to return the | ||||||
18 | child to the custody or care of the petitioner or
to permit | ||||||
19 | any court-ordered interview or examination of the child or | ||||||
20 | the
respondent.
| ||||||
21 | (10) Possession of personal property. Grant petitioner | ||||||
22 | exclusive
possession of personal property and, if | ||||||
23 | respondent has possession or
control, direct respondent to | ||||||
24 | promptly make it available to petitioner, if:
| ||||||
25 | (i) petitioner, but not respondent, owns the | ||||||
26 | property; or
|
| |||||||
| |||||||
1 | (ii) the parties own the property jointly; sharing | ||||||
2 | it would risk
abuse of petitioner by respondent or is | ||||||
3 | impracticable; and the balance of
hardships favors | ||||||
4 | temporary possession by petitioner.
| ||||||
5 | If petitioner's sole claim to ownership of the property | ||||||
6 | is that it is
marital property, the court may award | ||||||
7 | petitioner temporary possession
thereof under the | ||||||
8 | standards of subparagraph (ii) of this paragraph only if
a | ||||||
9 | proper proceeding has been filed under the Illinois | ||||||
10 | Marriage and
Dissolution of Marriage Act, as now or | ||||||
11 | hereafter amended.
| ||||||
12 | No order under this provision shall affect title to | ||||||
13 | property.
| ||||||
14 | (11) Protection of property. Forbid the respondent | ||||||
15 | from taking,
transferring, encumbering, concealing, | ||||||
16 | damaging or otherwise disposing of
any real or personal | ||||||
17 | property, except as explicitly authorized by the
court, if:
| ||||||
18 | (i) petitioner, but not respondent, owns the | ||||||
19 | property; or
| ||||||
20 | (ii) the parties own the property jointly,
and the | ||||||
21 | balance of hardships favors granting this remedy.
| ||||||
22 | If petitioner's sole claim to ownership of the property | ||||||
23 | is that it is
marital property, the court may grant | ||||||
24 | petitioner relief under subparagraph
(ii) of this | ||||||
25 | paragraph only if a proper proceeding has been filed under | ||||||
26 | the
Illinois Marriage and Dissolution of Marriage Act, as |
| |||||||
| |||||||
1 | now or hereafter amended.
| ||||||
2 | The court may further prohibit respondent from | ||||||
3 | improperly using the
financial or other resources of an | ||||||
4 | aged member of the family or household
for the profit or | ||||||
5 | advantage of respondent or of any other person.
| ||||||
6 | (11.5) Protection of animals. Grant the petitioner the | ||||||
7 | exclusive care, custody, or control of any animal owned, | ||||||
8 | possessed, leased, kept, or held by either the petitioner | ||||||
9 | or the respondent or a minor child residing in the | ||||||
10 | residence or household of either the petitioner or the | ||||||
11 | respondent and order the respondent to stay away from the | ||||||
12 | animal and forbid the respondent from taking, | ||||||
13 | transferring, encumbering, concealing, harming, or | ||||||
14 | otherwise disposing of the animal.
| ||||||
15 | (12) Order for payment of support. Order
respondent to | ||||||
16 | pay temporary
support for the petitioner or any child in | ||||||
17 | the petitioner's care or
custody, when the respondent has a | ||||||
18 | legal obligation to support that person,
in accordance with | ||||||
19 | the Illinois Marriage and Dissolution
of Marriage Act, | ||||||
20 | which shall govern, among other matters, the amount of
| ||||||
21 | support, payment through the clerk and withholding of | ||||||
22 | income to secure
payment. An order for child support may be | ||||||
23 | granted to a petitioner with
lawful physical care or | ||||||
24 | custody of a child, or an order or agreement for
physical | ||||||
25 | care or custody, prior to entry of an order for legal | ||||||
26 | custody.
Such a support order shall expire upon entry of a |
| |||||||
| |||||||
1 | valid order granting
legal custody to another, unless | ||||||
2 | otherwise provided in the custody order.
| ||||||
3 | (13) Order for payment of losses. Order
respondent to | ||||||
4 | pay petitioner
for losses suffered as a direct result of | ||||||
5 | the abuse. Such losses shall
include, but not be limited | ||||||
6 | to, medical expenses, lost earnings or other
support, | ||||||
7 | repair or replacement of property damaged or taken, | ||||||
8 | reasonable
attorney's fees, court costs and moving or other | ||||||
9 | travel expenses, including
additional reasonable expenses | ||||||
10 | for temporary shelter and restaurant meals.
| ||||||
11 | (i) Losses affecting family needs. If a party is | ||||||
12 | entitled to seek
maintenance, child support or | ||||||
13 | property distribution from the other party
under the | ||||||
14 | Illinois Marriage and Dissolution of Marriage Act, as | ||||||
15 | now or
hereafter amended, the court may order | ||||||
16 | respondent to reimburse petitioner's
actual losses, to | ||||||
17 | the extent that such reimbursement would be | ||||||
18 | "appropriate
temporary relief", as authorized by | ||||||
19 | subsection (a)(3) of
Section 501 of that Act.
| ||||||
20 | (ii) Recovery of expenses. In the case of an | ||||||
21 | improper concealment
or removal of a minor child, the | ||||||
22 | court may order respondent to pay the reasonable
| ||||||
23 | expenses incurred or to be incurred in the search for | ||||||
24 | and recovery of the
minor child, including but not | ||||||
25 | limited to legal fees, court costs, private
| ||||||
26 | investigator fees, and travel costs.
|
| |||||||
| |||||||
1 | (14) Prohibition of entry. Prohibit the respondent | ||||||
2 | from entering or
remaining in the residence or household | ||||||
3 | while the respondent is under the
influence of alcohol or | ||||||
4 | drugs and constitutes a threat to the safety and
well-being | ||||||
5 | of the petitioner or the petitioner's children.
| ||||||
6 | (14.5) Prohibition of firearm possession. | ||||||
7 | (a) When a complaint is made
under a request for an | ||||||
8 | order of protection, that the respondent has | ||||||
9 | threatened
or is likely to use firearms illegally | ||||||
10 | against the petitioner, and the
respondent is present | ||||||
11 | in court, or has failed to appear after receiving | ||||||
12 | actual
notice, the court shall examine on oath the | ||||||
13 | petitioner, and any witnesses who
may be produced. If | ||||||
14 | the court is satisfied that there is any danger of the
| ||||||
15 | illegal use of firearms, it shall include in the order | ||||||
16 | of protection the
requirement that any firearms in the
| ||||||
17 | possession of the respondent, except as provided in | ||||||
18 | subsection (b), be turned
over to the local law | ||||||
19 | enforcement agency
for safekeeping. If the respondent | ||||||
20 | fails to appear, or refuses or fails to
surrender his | ||||||
21 | or her firearms, the court shall
issue a warrant for | ||||||
22 | seizure of any firearm in the possession of the | ||||||
23 | respondent.
The period of safekeeping shall be for a | ||||||
24 | stated period of time not to exceed 2
years. The | ||||||
25 | firearm or firearms shall be returned to the respondent | ||||||
26 | at the end
of the stated period or at expiration of the |
| |||||||
| |||||||
1 | order of protection, whichever is
sooner.
| ||||||
2 | (b) If the respondent is a peace officer as defined | ||||||
3 | in Section 2-13 of the
Criminal Code of 1961, the court | ||||||
4 | shall order that any firearms used by the
respondent in | ||||||
5 | the performance of his or her duties as a peace officer | ||||||
6 | be
surrendered to the chief law enforcement executive | ||||||
7 | of the agency in which the
respondent is employed, who | ||||||
8 | shall retain the firearms for safekeeping for the
| ||||||
9 | stated period not to exceed 2 years as set forth in the | ||||||
10 | court order.
| ||||||
11 | (15) Prohibition of access to records. If an order of | ||||||
12 | protection
prohibits respondent from having contact with | ||||||
13 | the minor child,
or if petitioner's address is omitted | ||||||
14 | under subsection (b) of
Section 112A-5, or if necessary to | ||||||
15 | prevent abuse or wrongful removal or
concealment of a minor | ||||||
16 | child, the order shall deny respondent access to, and
| ||||||
17 | prohibit respondent from inspecting, obtaining, or | ||||||
18 | attempting to
inspect or obtain, school or any other | ||||||
19 | records of the minor child
who is in the care of | ||||||
20 | petitioner.
| ||||||
21 | (16) Order for payment of shelter services. Order | ||||||
22 | respondent to
reimburse a shelter providing temporary | ||||||
23 | housing and counseling services to
the petitioner for the | ||||||
24 | cost of the services, as certified by the shelter
and | ||||||
25 | deemed reasonable by the court.
| ||||||
26 | (17) Order for injunctive relief. Enter injunctive |
| |||||||
| |||||||
1 | relief necessary
or appropriate to prevent further abuse of | ||||||
2 | a family or household member or
to effectuate one of the | ||||||
3 | granted remedies, if supported by the balance of
hardships. | ||||||
4 | If the harm to be prevented by the injunction is abuse or | ||||||
5 | any
other harm that one of the remedies listed in | ||||||
6 | paragraphs (1) through (16)
of this subsection is designed | ||||||
7 | to prevent, no further evidence is necessary
to establish | ||||||
8 | that the harm is an irreparable injury.
| ||||||
9 | (18) Order for attendance at partner abuse | ||||||
10 | intervention programs. Order the respondent to attend and | ||||||
11 | complete partner abuse intervention programs per protocols | ||||||
12 | set by the Illinois Department of Human Services under such | ||||||
13 | terms and conditions as the court may direct. | ||||||
14 | (c) Relevant factors; findings.
| ||||||
15 | (1) In determining whether to grant a
specific remedy, | ||||||
16 | other than payment of support, the
court shall consider | ||||||
17 | relevant factors, including but not limited to the
| ||||||
18 | following:
| ||||||
19 | (i) the nature, frequency, severity, pattern and | ||||||
20 | consequences of the
respondent's past abuse of the | ||||||
21 | petitioner or any family or household
member, | ||||||
22 | including the concealment of his or her location in | ||||||
23 | order to evade
service of process or notice, and the | ||||||
24 | likelihood of danger of future abuse to
petitioner or
| ||||||
25 | any member of petitioner's or respondent's family or | ||||||
26 | household; and
|
| |||||||
| |||||||
1 | (ii) the danger that any minor child will be abused | ||||||
2 | or neglected or
improperly removed from the | ||||||
3 | jurisdiction, improperly concealed within the
State or | ||||||
4 | improperly separated from the child's primary | ||||||
5 | caretaker.
| ||||||
6 | (2) In comparing relative hardships resulting to the | ||||||
7 | parties from loss
of possession of the family home, the | ||||||
8 | court shall consider relevant
factors, including but not | ||||||
9 | limited to the following:
| ||||||
10 | (i) availability, accessibility, cost, safety, | ||||||
11 | adequacy, location and other
characteristics of | ||||||
12 | alternate housing for each party and any minor child or
| ||||||
13 | dependent adult in the party's care;
| ||||||
14 | (ii) the effect on the party's employment; and
| ||||||
15 | (iii) the effect on the relationship of the party, | ||||||
16 | and any minor
child or dependent adult in the party's | ||||||
17 | care, to family, school, church
and community.
| ||||||
18 | (3) Subject to the exceptions set forth in paragraph | ||||||
19 | (4) of this
subsection, the court shall make its findings | ||||||
20 | in an official record or in
writing, and shall at a minimum | ||||||
21 | set forth the following:
| ||||||
22 | (i) That the court has considered the applicable | ||||||
23 | relevant factors
described in paragraphs (1) and (2) of | ||||||
24 | this subsection.
| ||||||
25 | (ii) Whether the conduct or actions of respondent, | ||||||
26 | unless
prohibited, will likely cause irreparable harm |
| |||||||
| |||||||
1 | or continued abuse.
| ||||||
2 | (iii) Whether it is necessary to grant the | ||||||
3 | requested relief in order
to protect petitioner or | ||||||
4 | other alleged abused persons.
| ||||||
5 | (4) For purposes of issuing an ex parte emergency order | ||||||
6 | of protection,
the court, as an alternative to or as a | ||||||
7 | supplement to making the findings
described in paragraphs | ||||||
8 | (c)(3)(i) through (c)(3)(iii) of this subsection, may use
| ||||||
9 | the following procedure:
| ||||||
10 | When a verified petition for an emergency order of | ||||||
11 | protection in
accordance with the requirements of Sections | ||||||
12 | 112A-5 and 112A-17 is
presented to the court, the court | ||||||
13 | shall examine petitioner on oath or
affirmation. An | ||||||
14 | emergency order of protection shall be issued by the court
| ||||||
15 | if it appears from the contents of the petition and the | ||||||
16 | examination of
petitioner that the averments are | ||||||
17 | sufficient to indicate abuse by
respondent and to support | ||||||
18 | the granting of relief under the issuance of the
emergency | ||||||
19 | order of protection.
| ||||||
20 | (5) Never married parties. No rights or | ||||||
21 | responsibilities for a minor
child born outside of marriage | ||||||
22 | attach to a putative father until a father and
child | ||||||
23 | relationship has been established under the Illinois | ||||||
24 | Parentage Act of
1984. Absent such an adjudication, no | ||||||
25 | putative father shall be granted
temporary custody of the | ||||||
26 | minor child, visitation with the minor child, or
physical |
| |||||||
| |||||||
1 | care
and possession of the minor child, nor shall
an order | ||||||
2 | of payment for support of the minor child be entered.
| ||||||
3 | (d) Balance of hardships; findings. If the court finds that | ||||||
4 | the balance
of hardships does not support the granting of a | ||||||
5 | remedy governed by
paragraph (2), (3), (10), (11), or (16) of
| ||||||
6 | subsection (b) of this Section,
which may require such | ||||||
7 | balancing, the court's findings shall so
indicate and shall | ||||||
8 | include a finding as to whether granting the remedy will
result | ||||||
9 | in hardship to respondent that would substantially outweigh the | ||||||
10 | hardship
to petitioner
from denial of the remedy. The findings | ||||||
11 | shall be an official record or in
writing.
| ||||||
12 | (e) Denial of remedies. Denial of any remedy shall not be | ||||||
13 | based, in
whole or in part, on evidence that:
| ||||||
14 | (1) Respondent has cause for any use of force, unless | ||||||
15 | that cause
satisfies the standards for justifiable use of | ||||||
16 | force provided by Article
VII of the Criminal Code of 1961;
| ||||||
17 | (2) Respondent was voluntarily intoxicated;
| ||||||
18 | (3) Petitioner acted in self-defense or defense of | ||||||
19 | another, provided
that, if petitioner utilized force, such | ||||||
20 | force was justifiable under
Article VII of the Criminal | ||||||
21 | Code of 1961;
| ||||||
22 | (4) Petitioner did not act in self-defense or defense | ||||||
23 | of another;
| ||||||
24 | (5) Petitioner left the residence or household to avoid | ||||||
25 | further abuse
by respondent;
| ||||||
26 | (6) Petitioner did not leave the residence or household |
| |||||||
| |||||||
1 | to avoid further
abuse by respondent;
| ||||||
2 | (7) Conduct by any family or household member excused | ||||||
3 | the abuse by
respondent, unless that same conduct would | ||||||
4 | have excused such abuse if the
parties had not been family | ||||||
5 | or household members.
| ||||||
6 | (Source: P.A. 95-234, eff. 1-1-08.)
| ||||||
7 | Section 25. The Unified Code of Corrections is amended by | ||||||
8 | changing Sections 3-3-7, 3-6-3, and 5-6-3 and by adding | ||||||
9 | Sections 5-8A-7 and 5-9-1.16 as follows: | ||||||
10 | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | ||||||
11 | (Text of Section after amendment by P.A. 95-464, 95-579, | ||||||
12 | and 95-640 ) | ||||||
13 | Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | ||||||
14 | Release.
| ||||||
15 | (a) The conditions of parole or mandatory
supervised | ||||||
16 | release shall be such as the Prisoner Review
Board deems | ||||||
17 | necessary to assist the subject in leading a
law-abiding life. | ||||||
18 | The conditions of every parole and mandatory
supervised release | ||||||
19 | are that the subject:
| ||||||
20 | (1) not violate any criminal statute of any | ||||||
21 | jurisdiction
during the parole or release term;
| ||||||
22 | (2) refrain from possessing a firearm or other | ||||||
23 | dangerous
weapon;
| ||||||
24 | (3) report to an agent of the Department of |
| |||||||
| |||||||
1 | Corrections;
| ||||||
2 | (4) permit the agent to visit him or her at his or her | ||||||
3 | home, employment,
or
elsewhere to the
extent necessary for | ||||||
4 | the agent to discharge his or her duties;
| ||||||
5 | (5) attend or reside in a facility established for the | ||||||
6 | instruction or
residence
of persons on
parole or mandatory | ||||||
7 | supervised release;
| ||||||
8 | (6) secure permission before visiting or writing a | ||||||
9 | committed person in an
Illinois Department
of Corrections | ||||||
10 | facility;
| ||||||
11 | (7) report all arrests to an agent of the Department of | ||||||
12 | Corrections as
soon as
permitted by the
arresting authority | ||||||
13 | but in no event later than 24 hours after release from
| ||||||
14 | custody;
| ||||||
15 | (7.5) if convicted of a sex offense as defined in the | ||||||
16 | Sex Offender
Management Board Act, the individual shall | ||||||
17 | undergo and successfully complete
sex offender treatment | ||||||
18 | conducted in conformance with the standards developed by
| ||||||
19 | the Sex
Offender Management Board Act by a treatment | ||||||
20 | provider approved by the Board;
| ||||||
21 | (7.6) if convicted of a sex offense as defined in the | ||||||
22 | Sex Offender
Management Board Act, refrain from residing at | ||||||
23 | the same address or in the same condominium unit or | ||||||
24 | apartment unit or in the same condominium complex or | ||||||
25 | apartment complex with another person he or she knows or | ||||||
26 | reasonably should know is a convicted sex offender or has |
| |||||||
| |||||||
1 | been placed on supervision for a sex offense; the | ||||||
2 | provisions of this paragraph do not apply to a person | ||||||
3 | convicted of a sex offense who is placed in a Department of | ||||||
4 | Corrections licensed transitional housing facility for sex | ||||||
5 | offenders, or is in any facility operated or licensed by | ||||||
6 | the Department of Children and Family Services or by the | ||||||
7 | Department of Human Services, or is in any licensed medical | ||||||
8 | facility;
| ||||||
9 | (7.7) if convicted for an offense that would qualify | ||||||
10 | the accused as a sexual predator under the Sex Offender | ||||||
11 | Registration Act on or after the effective date of this | ||||||
12 | amendatory Act of the 94th General Assembly, wear an | ||||||
13 | approved electronic monitoring device as defined in | ||||||
14 | Section 5-8A-2 for the duration of the person's parole, | ||||||
15 | mandatory supervised release term, or extended mandatory | ||||||
16 | supervised release term;
| ||||||
17 | (7.8) if convicted for an offense committed on or after | ||||||
18 | the effective date of this amendatory Act of the 95th | ||||||
19 | General Assembly that would qualify the accused as a child | ||||||
20 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
21 | Criminal Code of 1961, refrain from communicating with or | ||||||
22 | contacting, by means of the Internet, a person who is not | ||||||
23 | related to the accused and whom the accused reasonably | ||||||
24 | believes to be under 18 years of age; for purposes of this | ||||||
25 | paragraph (7.8), "Internet" has the meaning ascribed to it | ||||||
26 | in Section 16J-5 of the Criminal Code of 1961 , as added by |
| |||||||
| |||||||
1 | Public Act 94-179 ; and a person is not related to the | ||||||
2 | accused if the person is not: (i) the spouse, brother, or | ||||||
3 | sister of the accused; (ii) a descendant of the accused; | ||||||
4 | (iii) a first or second cousin of the accused; or (iv) a | ||||||
5 | step-child or adopted child of the accused;
| ||||||
6 | (7.9)
(7.8) if convicted under Section 11-6, 11-20.1, | ||||||
7 | 11-20.3, or 11-21 of the Criminal Code of 1961, consent to | ||||||
8 | search of computers, PDAs, cellular phones, and other | ||||||
9 | devices under his or her control that are capable of | ||||||
10 | accessing the Internet or storing electronic files, in | ||||||
11 | order to confirm Internet protocol addresses reported in | ||||||
12 | accordance with the Sex Offender Registration Act and | ||||||
13 | compliance with conditions in this Act;
| ||||||
14 | (7.10)
(7.8) if convicted for an offense that would | ||||||
15 | qualify the accused as a sex offender or sexual predator | ||||||
16 | under the Sex Offender Registration Act on or after the | ||||||
17 | effective date of this amendatory Act of the 95th General | ||||||
18 | Assembly, not possess prescription drugs for erectile | ||||||
19 | dysfunction;
| ||||||
20 | (8) obtain permission of an agent of the Department of | ||||||
21 | Corrections before
leaving the
State of Illinois;
| ||||||
22 | (9) obtain permission of an agent of the Department of | ||||||
23 | Corrections before
changing
his or her residence or | ||||||
24 | employment;
| ||||||
25 | (10) consent to a search of his or her person, | ||||||
26 | property, or residence
under his or her
control;
|
| |||||||
| |||||||
1 | (11) refrain from the use or possession of narcotics or | ||||||
2 | other controlled
substances in
any form, or both, or any | ||||||
3 | paraphernalia related to those substances and submit
to a
| ||||||
4 | urinalysis test as instructed by a parole agent of the | ||||||
5 | Department of
Corrections;
| ||||||
6 | (12) not frequent places where controlled substances | ||||||
7 | are illegally sold,
used,
distributed, or administered;
| ||||||
8 | (13) not knowingly associate with other persons on | ||||||
9 | parole or mandatory
supervised
release without prior | ||||||
10 | written permission of his or her parole agent and not
| ||||||
11 | associate with
persons who are members of an organized gang | ||||||
12 | as that term is defined in the
Illinois
Streetgang | ||||||
13 | Terrorism Omnibus Prevention Act;
| ||||||
14 | (14) provide true and accurate information, as it | ||||||
15 | relates to his or her
adjustment in the
community while on | ||||||
16 | parole or mandatory supervised release or to his or her
| ||||||
17 | conduct
while incarcerated, in response to inquiries by his | ||||||
18 | or her parole agent or of
the
Department of Corrections;
| ||||||
19 | (15) follow any specific instructions provided by the | ||||||
20 | parole agent that
are consistent
with furthering | ||||||
21 | conditions set and approved by the Prisoner Review Board or | ||||||
22 | by
law,
exclusive of placement on electronic detention, to | ||||||
23 | achieve the goals and
objectives of his
or her parole or | ||||||
24 | mandatory supervised release or to protect the public. | ||||||
25 | These
instructions by the parole agent may be modified at | ||||||
26 | any time, as the agent
deems
appropriate; and
|
| |||||||
| |||||||
1 | (16) if convicted of a sex offense as defined in | ||||||
2 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
3 | offender is a parent or guardian of the person under 18 | ||||||
4 | years of age present in the home and no non-familial minors | ||||||
5 | are present, not participate in a holiday event involving | ||||||
6 | children under 18 years of age, such as distributing candy | ||||||
7 | or other items to children on Halloween, wearing a Santa | ||||||
8 | Claus costume on or preceding Christmas, being employed as | ||||||
9 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
10 | costume on or preceding Easter ; and . | ||||||
11 | (17) if convicted of a violation of an order of | ||||||
12 | protection under Section 12-30 of the Criminal Code of | ||||||
13 | 1961, be placed under electronic surveillance as provided | ||||||
14 | in Section 5-8A-7 of this Code. | ||||||
15 | (b) The Board may in addition to other conditions
require | ||||||
16 | that the subject:
| ||||||
17 | (1) work or pursue a course of study or vocational | ||||||
18 | training;
| ||||||
19 | (2) undergo medical or psychiatric treatment, or | ||||||
20 | treatment
for drug addiction or alcoholism;
| ||||||
21 | (3) attend or reside in a facility established for the
| ||||||
22 | instruction or residence of persons on probation or parole;
| ||||||
23 | (4) support his dependents;
| ||||||
24 | (5) (blank);
| ||||||
25 | (6) (blank);
| ||||||
26 | (7) comply with the terms and conditions of an order of |
| |||||||
| |||||||
1 | protection
issued pursuant to the Illinois Domestic | ||||||
2 | Violence Act of 1986, enacted by the
84th General Assembly, | ||||||
3 | or an order of protection issued by the court of another
| ||||||
4 | state, tribe, or United States territory;
| ||||||
5 | (7.5) if convicted for an offense committed on or after | ||||||
6 | the effective date of this amendatory Act of the 95th | ||||||
7 | General Assembly that would qualify the accused as a child | ||||||
8 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
9 | Criminal Code of 1961, refrain from communicating with or | ||||||
10 | contacting, by means of the Internet, a person who is | ||||||
11 | related to the accused and whom the accused reasonably | ||||||
12 | believes to be under 18 years of age; for purposes of this | ||||||
13 | paragraph (7.5), "Internet" has the meaning ascribed to it | ||||||
14 | in Section 16J-5 of the Criminal Code of 1961 , as added by | ||||||
15 | Public Act 94-179 ; and a person is related to the accused | ||||||
16 | if the person is: (i) the spouse, brother, or sister of the | ||||||
17 | accused; (ii) a descendant of the accused; (iii) a first or | ||||||
18 | second cousin of the accused; or (iv) a step-child or | ||||||
19 | adopted child of the accused; and
| ||||||
20 | (8) in addition, if a minor:
| ||||||
21 | (i) reside with his parents or in a foster home;
| ||||||
22 | (ii) attend school;
| ||||||
23 | (iii) attend a non-residential program for youth; | ||||||
24 | or
| ||||||
25 | (iv) contribute to his own support at home or in a | ||||||
26 | foster
home.
|
| |||||||
| |||||||
1 | (b-1) In addition to the conditions set forth in | ||||||
2 | subsections (a) and (b), persons required to register as sex | ||||||
3 | offenders pursuant to the Sex Offender Registration Act, upon | ||||||
4 | release from the custody of the Illinois Department of | ||||||
5 | Corrections, may be required by the Board to comply with the | ||||||
6 | following specific conditions of release: | ||||||
7 | (1) reside only at a Department approved location; | ||||||
8 | (2) comply with all requirements of the Sex Offender | ||||||
9 | Registration Act;
| ||||||
10 | (3) notify
third parties of the risks that may be | ||||||
11 | occasioned by his or her criminal record; | ||||||
12 | (4) obtain the approval of an agent of the Department | ||||||
13 | of Corrections prior to accepting employment or pursuing a | ||||||
14 | course of study or vocational training and notify the | ||||||
15 | Department prior to any change in employment, study, or | ||||||
16 | training; | ||||||
17 | (5) not be employed or participate in any
volunteer | ||||||
18 | activity that involves contact with children, except under | ||||||
19 | circumstances approved in advance and in writing by an | ||||||
20 | agent of the Department of Corrections; | ||||||
21 | (6) be electronically monitored for a minimum of 12 | ||||||
22 | months from the date of release as determined by the Board;
| ||||||
23 | (7) refrain from entering into a designated
geographic | ||||||
24 | area except upon terms approved in advance by an agent of | ||||||
25 | the Department of Corrections. The terms may include | ||||||
26 | consideration of the purpose of the entry, the time of day, |
| |||||||
| |||||||
1 | and others accompanying the person; | ||||||
2 | (8) refrain from having any contact, including
written | ||||||
3 | or oral communications, directly or indirectly, personally | ||||||
4 | or by telephone, letter, or through a third party with | ||||||
5 | certain specified persons including, but not limited to, | ||||||
6 | the victim or the victim's family without the prior written | ||||||
7 | approval of an agent of the Department of Corrections; | ||||||
8 | (9) refrain from all contact, directly or
indirectly, | ||||||
9 | personally, by telephone, letter, or through a third party, | ||||||
10 | with minor children without prior identification and | ||||||
11 | approval of an agent of the Department of Corrections; | ||||||
12 | (10) neither possess or have under his or her
control | ||||||
13 | any material that is sexually oriented, sexually | ||||||
14 | stimulating, or that shows male or female sex organs or any | ||||||
15 | pictures depicting children under 18 years of age nude or | ||||||
16 | any written or audio material describing sexual | ||||||
17 | intercourse or that depicts or alludes to sexual activity, | ||||||
18 | including but not limited to visual, auditory, telephonic, | ||||||
19 | or electronic media, or any matter obtained through access | ||||||
20 | to any computer or material linked to computer access use; | ||||||
21 | (11) not patronize any business providing
sexually | ||||||
22 | stimulating or sexually oriented entertainment nor utilize | ||||||
23 | "900" or adult telephone numbers; | ||||||
24 | (12) not reside near, visit, or be in or about
parks, | ||||||
25 | schools, day care centers, swimming pools, beaches, | ||||||
26 | theaters, or any other places where minor children |
| |||||||
| |||||||
1 | congregate without advance approval of an agent of the | ||||||
2 | Department of Corrections and immediately report any | ||||||
3 | incidental contact with minor children to the Department; | ||||||
4 | (13) not possess or have under his or her control
| ||||||
5 | certain specified items of contraband related to the | ||||||
6 | incidence of sexually offending as determined by an agent | ||||||
7 | of the Department of Corrections; | ||||||
8 | (14) may be required to provide a written daily log of | ||||||
9 | activities
if directed by an agent of the Department of | ||||||
10 | Corrections; | ||||||
11 | (15) comply with all other special conditions
that the | ||||||
12 | Department may impose that restrict the person from | ||||||
13 | high-risk situations and limit access to potential | ||||||
14 | victims; | ||||||
15 | (16) take an annual polygraph exam; | ||||||
16 | (17) maintain a log of his or her travel; or | ||||||
17 | (18) obtain prior approval of his or her parole officer | ||||||
18 | before driving alone in a motor vehicle.
| ||||||
19 | (c) The conditions under which the parole or mandatory
| ||||||
20 | supervised release is to be served shall be communicated to
the | ||||||
21 | person in writing prior to his release, and he shall
sign the | ||||||
22 | same before release. A signed copy of these conditions,
| ||||||
23 | including a copy of an order of protection where one had been | ||||||
24 | issued by the
criminal court, shall be retained by the person | ||||||
25 | and another copy forwarded to
the officer in charge of his | ||||||
26 | supervision.
|
| |||||||
| |||||||
1 | (d) After a hearing under Section 3-3-9, the Prisoner
| ||||||
2 | Review Board may modify or enlarge the conditions of parole
or | ||||||
3 | mandatory supervised release.
| ||||||
4 | (e) The Department shall inform all offenders committed to
| ||||||
5 | the Department of the optional services available to them
upon | ||||||
6 | release and shall assist inmates in availing themselves
of such | ||||||
7 | optional services upon their release on a voluntary
basis. | ||||||
8 | (f) When the subject is in compliance with all conditions | ||||||
9 | of his or her parole or mandatory supervised release, the | ||||||
10 | subject shall receive a reduction of the period of his or her | ||||||
11 | parole or mandatory supervised release of 90 days upon passage | ||||||
12 | of the high school level Test of General Educational | ||||||
13 | Development during the period of his or her parole or mandatory | ||||||
14 | supervised release. This reduction in the period of a subject's | ||||||
15 | term of parole or mandatory supervised release shall be | ||||||
16 | available only to subjects who have not previously earned a | ||||||
17 | high school diploma or who have not previously passed the high | ||||||
18 | school level Test of General Educational Development.
| ||||||
19 | (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | ||||||
20 | 94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; | ||||||
21 | 95-579, eff. 6-1-08; 95-640, eff. 6-1-08; revised 12-26-07.)
| ||||||
22 | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| ||||||
23 | (Text of Section after amendment by P.A. 95-585, 95-625, | ||||||
24 | and 95-640 ) | ||||||
25 | Sec. 3-6-3. Rules and Regulations for Early Release.
|
| |||||||
| |||||||
1 | (a) (1) The Department of Corrections shall prescribe | ||||||
2 | rules
and regulations for the early release on account of | ||||||
3 | good
conduct of persons committed to the Department which | ||||||
4 | shall
be subject to review by the Prisoner Review Board.
| ||||||
5 | (2) The rules and regulations on early release shall | ||||||
6 | provide, with
respect to offenses listed in clause (i), | ||||||
7 | (ii), or (iii) of this paragraph (2) committed on or after | ||||||
8 | June 19, 1998 or with respect to the offense listed in | ||||||
9 | clause (iv) of this paragraph (2) committed on or after | ||||||
10 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
11 | with
respect to offense listed in clause (vi)
(v) committed | ||||||
12 | on or after June 1, 2008 ( the effective date of Public Act | ||||||
13 | 95-625)
this amendatory Act of the 95th General Assembly or | ||||||
14 | with respect to the offense of being an armed habitual | ||||||
15 | criminal committed on or after August 2, 2005 (the | ||||||
16 | effective date of Public Act 94-398) or with respect to the | ||||||
17 | offenses listed in clause (v) of this paragraph (2) | ||||||
18 | committed on or after August 13, 2007 ( the effective date | ||||||
19 | of Public Act 95-134)
this amendatory Act of the 95th | ||||||
20 | General Assembly , the following:
| ||||||
21 | (i) that a prisoner who is serving a term of | ||||||
22 | imprisonment for first
degree murder or for the offense | ||||||
23 | of terrorism shall receive no good conduct
credit and | ||||||
24 | shall serve the entire
sentence imposed by the court;
| ||||||
25 | (ii) that a prisoner serving a sentence for attempt | ||||||
26 | to commit first
degree murder, solicitation of murder, |
| |||||||
| |||||||
1 | solicitation of murder for hire,
intentional homicide | ||||||
2 | of an unborn child, predatory criminal sexual assault | ||||||
3 | of a
child, aggravated criminal sexual assault, | ||||||
4 | criminal sexual assault, aggravated
kidnapping, | ||||||
5 | aggravated battery with a firearm, heinous battery, | ||||||
6 | being an armed habitual criminal, aggravated
battery | ||||||
7 | of a senior citizen, or aggravated battery of a child | ||||||
8 | shall receive no
more than 4.5 days of good conduct | ||||||
9 | credit for each month of his or her sentence
of | ||||||
10 | imprisonment;
| ||||||
11 | (iii) that a prisoner serving a sentence
for home | ||||||
12 | invasion, armed robbery, aggravated vehicular | ||||||
13 | hijacking,
aggravated discharge of a firearm, or armed | ||||||
14 | violence with a category I weapon
or category II | ||||||
15 | weapon, when the court
has made and entered a finding, | ||||||
16 | pursuant to subsection (c-1) of Section 5-4-1
of this | ||||||
17 | Code, that the conduct leading to conviction for the | ||||||
18 | enumerated offense
resulted in great bodily harm to a | ||||||
19 | victim, shall receive no more than 4.5 days
of good | ||||||
20 | conduct credit for each month of his or her sentence of | ||||||
21 | imprisonment;
| ||||||
22 | (iv) that a prisoner serving a sentence for | ||||||
23 | aggravated discharge of a firearm, whether or not the | ||||||
24 | conduct leading to conviction for the offense resulted | ||||||
25 | in great bodily harm to the victim, shall receive no | ||||||
26 | more than 4.5 days of good conduct credit for each |
| |||||||
| |||||||
1 | month of his or her sentence of imprisonment; and
| ||||||
2 | (v) that a person serving a sentence for | ||||||
3 | gunrunning, narcotics racketeering, controlled | ||||||
4 | substance trafficking, methamphetamine trafficking, | ||||||
5 | drug-induced homicide, aggravated | ||||||
6 | methamphetamine-related child endangerment, money | ||||||
7 | laundering pursuant to clause (c) (4) or (5) of Section | ||||||
8 | 29B-1 of the Criminal Code of 1961, or a Class X felony | ||||||
9 | conviction for delivery of a controlled substance, | ||||||
10 | possession of a controlled substance with intent to | ||||||
11 | manufacture or deliver, calculated criminal drug | ||||||
12 | conspiracy, criminal drug conspiracy, street gang | ||||||
13 | criminal drug conspiracy, participation in | ||||||
14 | methamphetamine manufacturing, aggravated | ||||||
15 | participation in methamphetamine manufacturing, | ||||||
16 | delivery of methamphetamine, possession with intent to | ||||||
17 | deliver methamphetamine, aggravated delivery of | ||||||
18 | methamphetamine, aggravated possession with intent to | ||||||
19 | deliver methamphetamine, methamphetamine conspiracy | ||||||
20 | when the substance containing the controlled substance | ||||||
21 | or methamphetamine is 100 grams or more shall receive | ||||||
22 | no more than 7.5 days good conduct credit for each | ||||||
23 | month of his or her sentence of imprisonment ; and .
| ||||||
24 | (vi)
(v) that a prisoner serving a sentence for a | ||||||
25 | second or subsequent offense of luring a minor shall | ||||||
26 | receive no more than 4.5 days of good conduct credit |
| |||||||
| |||||||
1 | for each month of his or her sentence of imprisonment.
| ||||||
2 | (2.1) For all offenses, other than those enumerated in | ||||||
3 | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||||||
4 | June 19, 1998 or subdivision (a)(2)(iv) committed on or | ||||||
5 | after June 23, 2005 (the effective date of Public Act | ||||||
6 | 94-71) or subdivision (a)(2)(v) committed on or after | ||||||
7 | August 13, 2007 ( the effective date of Public Act 95-134)
| ||||||
8 | this amendatory Act of the 95th General Assembly or | ||||||
9 | subdivision (a)(2) (vi) (v) committed on or after June 1, | ||||||
10 | 2008 ( the effective date of Public Act 95-625)
this | ||||||
11 | amendatory Act of the 95th General Assembly , and other than | ||||||
12 | the offense of reckless
homicide as defined in subsection | ||||||
13 | (e) of Section 9-3 of the Criminal Code of
1961 committed | ||||||
14 | on or after January 1, 1999,
or aggravated driving under | ||||||
15 | the influence of alcohol, other drug or drugs, or
| ||||||
16 | intoxicating compound or compounds, or any combination | ||||||
17 | thereof as defined in
subparagraph (F) of paragraph (1) of | ||||||
18 | subsection (d) of Section 11-501 of the
Illinois Vehicle | ||||||
19 | Code,
the rules and regulations shall
provide that a | ||||||
20 | prisoner who is serving a term of
imprisonment shall | ||||||
21 | receive one day of good conduct credit for each day of
his | ||||||
22 | or her sentence of imprisonment or recommitment under | ||||||
23 | Section 3-3-9.
Each day of good conduct credit shall reduce | ||||||
24 | by one day the prisoner's period
of imprisonment or | ||||||
25 | recommitment under Section 3-3-9.
| ||||||
26 | (2.2) A prisoner serving a term of natural life |
| |||||||
| |||||||
1 | imprisonment or a
prisoner who has been sentenced to death | ||||||
2 | shall receive no good conduct
credit.
| ||||||
3 | (2.3) The rules and regulations on early release shall | ||||||
4 | provide that
a prisoner who is serving a sentence for | ||||||
5 | reckless homicide as defined in
subsection (e) of Section | ||||||
6 | 9-3 of the Criminal Code of 1961 committed on or
after | ||||||
7 | January 1, 1999, or aggravated driving under the influence | ||||||
8 | of alcohol,
other drug or drugs, or intoxicating compound | ||||||
9 | or compounds, or any combination
thereof as defined in | ||||||
10 | subparagraph (F) of paragraph (1) of subsection (d) of
| ||||||
11 | Section 11-501 of the Illinois Vehicle Code, shall receive | ||||||
12 | no more than 4.5
days of good conduct credit for each month | ||||||
13 | of his or her sentence of
imprisonment.
| ||||||
14 | (2.4) The rules and regulations on early release shall | ||||||
15 | provide with
respect to the offenses of aggravated battery | ||||||
16 | with a machine gun or a firearm
equipped with any device or | ||||||
17 | attachment designed or used for silencing the
report of a | ||||||
18 | firearm or aggravated discharge of a machine gun or a | ||||||
19 | firearm
equipped with any device or attachment designed or | ||||||
20 | used for silencing the
report of a firearm, committed on or | ||||||
21 | after
July 15, 1999 (the effective date of Public Act | ||||||
22 | 91-121),
that a prisoner serving a sentence for any of | ||||||
23 | these offenses shall receive no
more than 4.5 days of good | ||||||
24 | conduct credit for each month of his or her sentence
of | ||||||
25 | imprisonment.
| ||||||
26 | (2.5) The rules and regulations on early release shall |
| |||||||
| |||||||
1 | provide that a
prisoner who is serving a sentence for | ||||||
2 | aggravated arson committed on or after
July 27, 2001 (the | ||||||
3 | effective date of Public Act 92-176) shall receive no more | ||||||
4 | than
4.5 days of good conduct credit for each month of his | ||||||
5 | or her sentence of
imprisonment.
| ||||||
6 | (3) The rules and regulations shall also provide that
| ||||||
7 | the Director may award up to 180 days additional good | ||||||
8 | conduct
credit for meritorious service in specific | ||||||
9 | instances as the
Director deems proper; except that no more | ||||||
10 | than 90 days
of good conduct credit for meritorious service
| ||||||
11 | shall be awarded to any prisoner who is serving a sentence | ||||||
12 | for
conviction of first degree murder, reckless homicide | ||||||
13 | while under the
influence of alcohol or any other drug,
or | ||||||
14 | aggravated driving under the influence of alcohol, other | ||||||
15 | drug or drugs, or
intoxicating compound or compounds, or | ||||||
16 | any combination thereof as defined in
subparagraph (F) of | ||||||
17 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
18 | Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| ||||||
19 | predatory criminal sexual assault of a child,
aggravated | ||||||
20 | criminal sexual assault, criminal sexual assault, deviate | ||||||
21 | sexual
assault, aggravated criminal sexual abuse, | ||||||
22 | aggravated indecent liberties
with a child, indecent | ||||||
23 | liberties with a child, child pornography, heinous
| ||||||
24 | battery, aggravated battery of a spouse, aggravated | ||||||
25 | battery of a spouse
with a firearm, stalking, aggravated | ||||||
26 | stalking, aggravated battery of a child,
endangering the |
| |||||||
| |||||||
1 | life or health of a child, or cruelty to a child. | ||||||
2 | Notwithstanding the foregoing, good conduct credit for
| ||||||
3 | meritorious service shall not be awarded on a
sentence of | ||||||
4 | imprisonment imposed for conviction of: (i) one of the | ||||||
5 | offenses
enumerated in subdivision (a)(2)(i), (ii), or | ||||||
6 | (iii) when the offense is committed on or after
June 19, | ||||||
7 | 1998 or subdivision (a)(2)(iv) when the offense is | ||||||
8 | committed on or after June 23, 2005 (the effective date of | ||||||
9 | Public Act 94-71) or subdivision (a)(2)(v) when the offense | ||||||
10 | is committed on or after August 13, 2007 ( the effective | ||||||
11 | date of Public Act 95-134)
this amendatory Act of the 95th | ||||||
12 | General Assembly or subdivision (a)(2) (vi) (v) when the | ||||||
13 | offense is committed on or after June 1, 2008 ( the | ||||||
14 | effective date of Public Act 95-625)
this amendatory Act of | ||||||
15 | the 95th General Assembly , (ii) reckless homicide as
| ||||||
16 | defined in subsection (e) of Section 9-3 of the Criminal | ||||||
17 | Code of 1961 when
the offense is committed on or after | ||||||
18 | January 1, 1999,
or aggravated driving under the influence | ||||||
19 | of alcohol, other drug or drugs, or
intoxicating compound | ||||||
20 | or compounds, or any combination thereof as defined in
| ||||||
21 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
22 | Section 11-501 of the
Illinois Vehicle Code, (iii) one of | ||||||
23 | the offenses enumerated in subdivision
(a)(2.4) when the | ||||||
24 | offense is committed on or after
July 15, 1999 (the | ||||||
25 | effective date of Public Act 91-121),
or (iv) aggravated | ||||||
26 | arson when the offense is committed
on or after July 27, |
| |||||||
| |||||||
1 | 2001 (the effective date of Public Act 92-176).
| ||||||
2 | (4) The rules and regulations shall also provide that | ||||||
3 | the good conduct
credit accumulated and retained under | ||||||
4 | paragraph (2.1) of subsection (a) of
this Section by any | ||||||
5 | inmate during specific periods of time in which such
inmate | ||||||
6 | is engaged full-time in substance abuse programs, | ||||||
7 | correctional
industry assignments, or educational programs | ||||||
8 | provided by the Department
under this paragraph (4) and | ||||||
9 | satisfactorily completes the assigned program as
| ||||||
10 | determined by the standards of the Department, shall be | ||||||
11 | multiplied by a factor
of 1.25 for program participation | ||||||
12 | before August 11, 1993
and 1.50 for program participation | ||||||
13 | on or after that date.
However, no inmate shall be eligible | ||||||
14 | for the additional good conduct credit
under this paragraph | ||||||
15 | (4) or (4.1) of this subsection (a) while assigned to a | ||||||
16 | boot camp
or electronic detention, or if convicted of an | ||||||
17 | offense enumerated in
subdivision (a)(2)(i), (ii), or | ||||||
18 | (iii) of this Section that is committed on or after June | ||||||
19 | 19,
1998 or subdivision (a)(2)(iv) of this Section that is | ||||||
20 | committed on or after June 23, 2005 (the effective date of | ||||||
21 | Public Act 94-71) or subdivision (a)(2)(v) of this Section | ||||||
22 | that is committed on or after August 13, 2007 ( the | ||||||
23 | effective date of Public Act 95-134)
this amendatory Act of | ||||||
24 | the 95th General Assembly or subdivision (a)(2) (vi) (v) | ||||||
25 | when the offense is committed on or after June 1, 2008 ( the | ||||||
26 | effective date of Public Act 95-625)
this amendatory Act of |
| |||||||
| |||||||
1 | the 95th General Assembly , or if convicted of reckless | ||||||
2 | homicide as defined in subsection (e) of
Section 9-3 of the | ||||||
3 | Criminal Code of 1961 if the offense is committed on or
| ||||||
4 | after January 1, 1999,
or aggravated driving under the | ||||||
5 | influence of alcohol, other drug or drugs, or
intoxicating | ||||||
6 | compound or compounds, or any combination thereof as | ||||||
7 | defined in
subparagraph (F) of paragraph (1) of subsection | ||||||
8 | (d) of Section 11-501 of the
Illinois Vehicle Code, or if | ||||||
9 | convicted of an offense enumerated in paragraph
(a)(2.4) of | ||||||
10 | this Section that is committed on or after
July 15, 1999 | ||||||
11 | (the effective date of Public Act 91-121),
or first degree | ||||||
12 | murder, a Class X felony, criminal sexual
assault, felony | ||||||
13 | criminal sexual abuse, aggravated criminal sexual abuse,
| ||||||
14 | aggravated battery with a firearm, or any predecessor or | ||||||
15 | successor offenses
with the same or substantially the same | ||||||
16 | elements, or any inchoate offenses
relating to the | ||||||
17 | foregoing offenses. No inmate shall be eligible for the
| ||||||
18 | additional good conduct credit under this paragraph (4) who | ||||||
19 | (i) has previously
received increased good conduct credit | ||||||
20 | under this paragraph (4) and has
subsequently been | ||||||
21 | convicted of a
felony, or (ii) has previously served more | ||||||
22 | than one prior sentence of
imprisonment for a felony in an | ||||||
23 | adult correctional facility.
| ||||||
24 | Educational, vocational, substance abuse and | ||||||
25 | correctional
industry programs under which good conduct | ||||||
26 | credit may be increased under
this paragraph (4) and |
| |||||||
| |||||||
1 | paragraph (4.1) of this subsection (a) shall be evaluated | ||||||
2 | by the Department on the basis of
documented standards. The | ||||||
3 | Department shall report the results of these
evaluations to | ||||||
4 | the Governor and the General Assembly by September 30th of | ||||||
5 | each
year. The reports shall include data relating to the | ||||||
6 | recidivism rate among
program participants.
| ||||||
7 | Availability of these programs shall be subject to the
| ||||||
8 | limits of fiscal resources appropriated by the General | ||||||
9 | Assembly for these
purposes. Eligible inmates who are | ||||||
10 | denied immediate admission shall be
placed on a waiting | ||||||
11 | list under criteria established by the Department.
The | ||||||
12 | inability of any inmate to become engaged in any such | ||||||
13 | programs
by reason of insufficient program resources or for | ||||||
14 | any other reason
established under the rules and | ||||||
15 | regulations of the Department shall not be
deemed a cause | ||||||
16 | of action under which the Department or any employee or
| ||||||
17 | agent of the Department shall be liable for damages to the | ||||||
18 | inmate.
| ||||||
19 | (4.1) The rules and regulations shall also provide that | ||||||
20 | an additional 60 days of good conduct credit shall be | ||||||
21 | awarded to any prisoner who passes the high school level | ||||||
22 | Test of General Educational Development (GED) while the | ||||||
23 | prisoner is incarcerated. The good conduct credit awarded | ||||||
24 | under this paragraph (4.1) shall be in addition to, and | ||||||
25 | shall not affect, the award of good conduct under any other | ||||||
26 | paragraph of this Section, but shall also be pursuant to |
| |||||||
| |||||||
1 | the guidelines and restrictions set forth in paragraph (4) | ||||||
2 | of subsection (a) of this Section.
The good conduct credit | ||||||
3 | provided for in this paragraph shall be available only to | ||||||
4 | those prisoners who have not previously earned a high | ||||||
5 | school diploma or a GED. If, after an award of the GED good | ||||||
6 | conduct credit has been made and the Department determines | ||||||
7 | that the prisoner was not eligible, then the award shall be | ||||||
8 | revoked.
| ||||||
9 | (4.5) The rules and regulations on early release shall | ||||||
10 | also provide that
when the court's sentencing order | ||||||
11 | recommends a prisoner for substance abuse treatment and the
| ||||||
12 | crime was committed on or after September 1, 2003 (the | ||||||
13 | effective date of
Public Act 93-354), the prisoner shall | ||||||
14 | receive no good conduct credit awarded under clause (3) of | ||||||
15 | this subsection (a) unless he or she participates in and
| ||||||
16 | completes a substance abuse treatment program. The | ||||||
17 | Director may waive the requirement to participate in or | ||||||
18 | complete a substance abuse treatment program and award the | ||||||
19 | good conduct credit in specific instances if the prisoner | ||||||
20 | is not a good candidate for a substance abuse treatment | ||||||
21 | program for medical, programming, or operational reasons. | ||||||
22 | Availability of
substance abuse treatment shall be subject | ||||||
23 | to the limits of fiscal resources
appropriated by the | ||||||
24 | General Assembly for these purposes. If treatment is not
| ||||||
25 | available and the requirement to participate and complete | ||||||
26 | the treatment has not been waived by the Director, the |
| |||||||
| |||||||
1 | prisoner shall be placed on a waiting list under criteria
| ||||||
2 | established by the Department. The Director may allow a | ||||||
3 | prisoner placed on
a waiting list to participate in and | ||||||
4 | complete a substance abuse education class or attend | ||||||
5 | substance
abuse self-help meetings in lieu of a substance | ||||||
6 | abuse treatment program. A prisoner on a waiting list who | ||||||
7 | is not placed in a substance abuse program prior to release | ||||||
8 | may be eligible for a waiver and receive good conduct | ||||||
9 | credit under clause (3) of this subsection (a) at the | ||||||
10 | discretion of the Director.
| ||||||
11 | (4.6) The rules and regulations on early release shall | ||||||
12 | also provide that a prisoner who has been convicted of a | ||||||
13 | sex offense as defined in Section 2 of the Sex Offender | ||||||
14 | Registration Act shall receive no good conduct credit | ||||||
15 | unless he or she either has successfully completed or is | ||||||
16 | participating in sex offender treatment as defined by the | ||||||
17 | Sex Offender Management Board. However, prisoners who are | ||||||
18 | waiting to receive such treatment, but who are unable to do | ||||||
19 | so due solely to the lack of resources on the part of the | ||||||
20 | Department, may, at the Director's sole discretion, be | ||||||
21 | awarded good conduct credit at such rate as the Director | ||||||
22 | shall determine.
| ||||||
23 | (5) Whenever the Department is to release any inmate | ||||||
24 | earlier than it
otherwise would because of a grant of good | ||||||
25 | conduct credit for meritorious
service given at any time | ||||||
26 | during the term, the Department shall give
reasonable |
| |||||||
| |||||||
1 | advance notice of the impending release to the State's
| ||||||
2 | Attorney of the county where the prosecution of the inmate | ||||||
3 | took place.
| ||||||
4 | (b) Whenever a person is or has been committed under
| ||||||
5 | several convictions, with separate sentences, the sentences
| ||||||
6 | shall be construed under Section 5-8-4 in granting and
| ||||||
7 | forfeiting of good time.
| ||||||
8 | (c) The Department shall prescribe rules and regulations
| ||||||
9 | for revoking good conduct credit, or suspending or reducing
the | ||||||
10 | rate of accumulation of good conduct credit for specific
rule | ||||||
11 | violations, during imprisonment. These rules and regulations
| ||||||
12 | shall provide that no inmate may be penalized more than one
| ||||||
13 | year of good conduct credit for any one infraction.
| ||||||
14 | When the Department seeks to revoke, suspend or reduce
the | ||||||
15 | rate of accumulation of any good conduct credits for
an alleged | ||||||
16 | infraction of its rules, it shall bring charges
therefor | ||||||
17 | against the prisoner sought to be so deprived of
good conduct | ||||||
18 | credits before the Prisoner Review Board as
provided in | ||||||
19 | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||||||
20 | amount of credit at issue exceeds 30 days or
when during any 12 | ||||||
21 | month period, the cumulative amount of
credit revoked exceeds | ||||||
22 | 30 days except where the infraction is committed
or discovered | ||||||
23 | within 60 days of scheduled release. In those cases,
the | ||||||
24 | Department of Corrections may revoke up to 30 days of good | ||||||
25 | conduct credit.
The Board may subsequently approve the | ||||||
26 | revocation of additional good
conduct credit, if the Department |
| |||||||
| |||||||
1 | seeks to revoke good conduct credit in
excess of 30 days. | ||||||
2 | However, the Board shall not be empowered to review the
| ||||||
3 | Department's decision with respect to the loss of 30 days of | ||||||
4 | good conduct
credit within any calendar year for any prisoner | ||||||
5 | or to increase any penalty
beyond the length requested by the | ||||||
6 | Department.
| ||||||
7 | The Director of the Department of Corrections, in | ||||||
8 | appropriate cases, may
restore up to 30 days good conduct | ||||||
9 | credits which have been revoked, suspended
or reduced. Any | ||||||
10 | restoration of good conduct credits in excess of 30 days shall
| ||||||
11 | be subject to review by the Prisoner Review Board. However, the | ||||||
12 | Board may not
restore good conduct credit in excess of the | ||||||
13 | amount requested by the Director.
| ||||||
14 | Nothing contained in this Section shall prohibit the | ||||||
15 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
16 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
17 | sentence imposed by the court that was not served due to the
| ||||||
18 | accumulation of good conduct credit.
| ||||||
19 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
20 | federal court
against the State, the Department of Corrections, | ||||||
21 | or the Prisoner Review Board,
or against any of
their officers | ||||||
22 | or employees, and the court makes a specific finding that a
| ||||||
23 | pleading, motion, or other paper filed by the prisoner is | ||||||
24 | frivolous, the
Department of Corrections shall conduct a | ||||||
25 | hearing to revoke up to
180 days of good conduct credit by | ||||||
26 | bringing charges against the prisoner
sought to be deprived of |
| |||||||
| |||||||
1 | the good conduct credits before the Prisoner Review
Board as | ||||||
2 | provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
| ||||||
3 | If the prisoner has not accumulated 180 days of good conduct | ||||||
4 | credit at the
time of the finding, then the Prisoner Review | ||||||
5 | Board may revoke all
good conduct credit accumulated by the | ||||||
6 | prisoner.
| ||||||
7 | For purposes of this subsection (d):
| ||||||
8 | (1) "Frivolous" means that a pleading, motion, or other | ||||||
9 | filing which
purports to be a legal document filed by a | ||||||
10 | prisoner in his or her lawsuit meets
any or all of the | ||||||
11 | following criteria:
| ||||||
12 | (A) it lacks an arguable basis either in law or in | ||||||
13 | fact;
| ||||||
14 | (B) it is being presented for any improper purpose, | ||||||
15 | such as to harass or
to cause unnecessary delay or | ||||||
16 | needless increase in the cost of litigation;
| ||||||
17 | (C) the claims, defenses, and other legal | ||||||
18 | contentions therein are not
warranted by existing law | ||||||
19 | or by a nonfrivolous argument for the extension,
| ||||||
20 | modification, or reversal of existing law or the | ||||||
21 | establishment of new law;
| ||||||
22 | (D) the allegations and other factual contentions | ||||||
23 | do not have
evidentiary
support or, if specifically so | ||||||
24 | identified, are not likely to have evidentiary
support | ||||||
25 | after a reasonable opportunity for further | ||||||
26 | investigation or discovery;
or
|
| |||||||
| |||||||
1 | (E) the denials of factual contentions are not | ||||||
2 | warranted on the
evidence, or if specifically so | ||||||
3 | identified, are not reasonably based on a lack
of | ||||||
4 | information or belief.
| ||||||
5 | (2) "Lawsuit" means a motion pursuant to Section
116-3 | ||||||
6 | of the Code of Criminal Procedure of 1963, a habeas corpus | ||||||
7 | action under
Article X of the Code of Civil Procedure or | ||||||
8 | under federal law (28 U.S.C. 2254),
a petition for claim | ||||||
9 | under the Court of Claims Act, an action under the
federal | ||||||
10 | Civil Rights Act (42 U.S.C. 1983), or a second or | ||||||
11 | subsequent petition for post-conviction relief under | ||||||
12 | Article 122 of the Code of Criminal Procedure of 1963 | ||||||
13 | whether filed with or without leave of court or a second or | ||||||
14 | subsequent petition for relief from judgment under Section | ||||||
15 | 2-1401 of the Code of Civil Procedure.
| ||||||
16 | (e) Nothing in Public Act 90-592 or 90-593 affects the | ||||||
17 | validity of Public Act 89-404.
| ||||||
18 | (f) Whenever the Department is to release any inmate who | ||||||
19 | has been convicted of a violation of an order of protection | ||||||
20 | under Section 12-30 of the Criminal Code of 1961, earlier than | ||||||
21 | it
otherwise would because of a grant of good conduct credit, | ||||||
22 | the Department, as a condition of such early release, shall | ||||||
23 | require that the person, upon release, be placed under | ||||||
24 | electronic surveillance as provided in Section 5-8A-7 of this | ||||||
25 | Code. | ||||||
26 | (Source: P.A. 94-71, eff. 6-23-05; 94-128, eff. 7-7-05; 94-156, |
| |||||||
| |||||||
1 | eff. 7-8-05; 94-398, eff. 8-2-05; 94-491, eff. 8-8-05; 94-744, | ||||||
2 | eff. 5-8-06; 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; 95-625, | ||||||
3 | eff. 6-1-08; 95-640, eff. 6-1-08; revised 11-19-07.)
| ||||||
4 | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
| ||||||
5 | (Text of Section after amendment by P.A. 95-464, 95-578, | ||||||
6 | and 95-696 ) | ||||||
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 | ||||||
24 | acceptance by the other state
pursuant to the Interstate | ||||||
25 | Compact for Adult Offender Supervision;
|
| |||||||
| |||||||
1 | (5) permit the probation officer to visit
him at his | ||||||
2 | home or elsewhere
to the extent necessary to discharge his | ||||||
3 | duties;
| ||||||
4 | (6) perform no less than 30 hours of community service | ||||||
5 | and not more than
120 hours of community service, if | ||||||
6 | community service is available in the
jurisdiction and is | ||||||
7 | funded and approved by the county board where the offense
| ||||||
8 | was committed, where the offense was related to or in | ||||||
9 | furtherance of the
criminal activities of an organized gang | ||||||
10 | and was motivated by the offender's
membership in or | ||||||
11 | allegiance to an organized gang. The community service | ||||||
12 | shall
include, but not be limited to, the cleanup and | ||||||
13 | repair of any damage caused by
a violation of Section | ||||||
14 | 21-1.3 of the Criminal Code of 1961 and similar damage
to | ||||||
15 | property located within the municipality or county in which | ||||||
16 | the violation
occurred. When possible and reasonable, the | ||||||
17 | community service should be
performed in the offender's | ||||||
18 | neighborhood. For purposes of this Section,
"organized | ||||||
19 | gang" has the meaning ascribed to it in Section 10 of the | ||||||
20 | Illinois
Streetgang Terrorism Omnibus Prevention Act;
| ||||||
21 | (7) if he or she is at least 17 years of age and has | ||||||
22 | been sentenced to
probation or conditional discharge for a | ||||||
23 | misdemeanor or felony in a county of
3,000,000 or more | ||||||
24 | inhabitants and has not been previously convicted of a
| ||||||
25 | misdemeanor or felony, may be required by the sentencing | ||||||
26 | court to attend
educational courses designed to prepare the |
| |||||||
| |||||||
1 | defendant for a high school diploma
and to work toward a | ||||||
2 | high school diploma or to work toward passing the high
| ||||||
3 | school level Test of General Educational Development (GED) | ||||||
4 | or to work toward
completing a vocational training program | ||||||
5 | approved by the court. The person on
probation or | ||||||
6 | conditional discharge must attend a public institution of
| ||||||
7 | education to obtain the educational or vocational training | ||||||
8 | required by this
clause (7). The court shall revoke the | ||||||
9 | probation or conditional discharge of a
person who wilfully | ||||||
10 | fails to comply with this clause (7). The person on
| ||||||
11 | probation or conditional discharge shall be required to pay | ||||||
12 | for the cost of the
educational courses or GED test, if a | ||||||
13 | fee is charged for those courses or
test. The court shall | ||||||
14 | resentence the offender whose probation or conditional
| ||||||
15 | discharge has been revoked as provided in Section 5-6-4. | ||||||
16 | This clause (7) does
not apply to a person who has a high | ||||||
17 | school diploma or has successfully passed
the GED test. | ||||||
18 | This clause (7) does not apply to a person who is | ||||||
19 | determined by
the court to be developmentally disabled or | ||||||
20 | otherwise mentally incapable of
completing the educational | ||||||
21 | or vocational program;
| ||||||
22 | (8) if convicted of possession of a substance | ||||||
23 | prohibited
by the Cannabis Control Act, the Illinois | ||||||
24 | Controlled Substances Act, or the Methamphetamine Control | ||||||
25 | and Community Protection Act
after a previous conviction or | ||||||
26 | disposition of supervision for possession of a
substance |
| |||||||
| |||||||
1 | prohibited by the Cannabis Control Act or Illinois | ||||||
2 | Controlled
Substances Act or after a sentence of probation | ||||||
3 | under Section 10 of the
Cannabis
Control Act, Section 410 | ||||||
4 | of the Illinois Controlled Substances Act, or Section 70 of | ||||||
5 | the Methamphetamine Control and Community Protection Act | ||||||
6 | and upon a
finding by the court that the person is | ||||||
7 | addicted, undergo treatment at a
substance abuse program | ||||||
8 | approved by the court;
| ||||||
9 | (8.5) if convicted of a felony sex offense as defined | ||||||
10 | in the Sex
Offender
Management Board Act, the person shall | ||||||
11 | undergo and successfully complete sex
offender treatment | ||||||
12 | by a treatment provider approved by the Board and conducted
| ||||||
13 | in conformance with the standards developed under the Sex
| ||||||
14 | Offender Management Board Act;
| ||||||
15 | (8.6) if convicted of a sex offense as defined in the | ||||||
16 | Sex Offender Management Board Act, refrain from residing at | ||||||
17 | the same address or in the same condominium unit or | ||||||
18 | apartment unit or in the same condominium complex or | ||||||
19 | apartment complex with another person he or she knows or | ||||||
20 | reasonably should know is a convicted sex offender or has | ||||||
21 | been placed on supervision for a sex offense; the | ||||||
22 | provisions of this paragraph do not apply to a person | ||||||
23 | convicted of a sex offense who is placed in a Department of | ||||||
24 | Corrections licensed transitional housing facility for sex | ||||||
25 | offenders; | ||||||
26 | (8.7) if convicted for an offense committed on or after |
| |||||||
| |||||||
1 | the effective date of this amendatory Act of the 95th | ||||||
2 | General Assembly that would qualify the accused as a child | ||||||
3 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
4 | Criminal Code of 1961, refrain from communicating with or | ||||||
5 | contacting, by means of the Internet, a person who is not | ||||||
6 | related to the accused and whom the accused reasonably | ||||||
7 | believes to be under 18 years of age; for purposes of this | ||||||
8 | paragraph (8.7), "Internet" has the meaning ascribed to it | ||||||
9 | in Section 16J-5 of the Criminal Code of 1961 , as added by | ||||||
10 | Public Act 94-179 ; and a person is not related to the | ||||||
11 | accused if the person is not: (i) the spouse, brother, or | ||||||
12 | sister of the accused; (ii) a descendant of the accused; | ||||||
13 | (iii) a first or second cousin of the accused; or (iv) a | ||||||
14 | step-child or adopted child of the accused; | ||||||
15 | (9) if convicted of a felony, physically surrender at a | ||||||
16 | time and place
designated by the court, his or her Firearm
| ||||||
17 | Owner's Identification Card and
any and all firearms in
his | ||||||
18 | or her possession; and
| ||||||
19 | (10) if convicted of a sex offense as defined in | ||||||
20 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
21 | offender is a parent or guardian of the person under 18 | ||||||
22 | years of age present in the home and no non-familial minors | ||||||
23 | are present, not participate in a holiday event involving | ||||||
24 | children under 18 years of age, such as distributing candy | ||||||
25 | or other items to children on Halloween, wearing a Santa | ||||||
26 | Claus costume on or preceding Christmas, being employed as |
| |||||||
| |||||||
1 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
2 | costume on or preceding Easter. | ||||||
3 | (b) The Court may in addition to other reasonable | ||||||
4 | conditions relating to the
nature of the offense or the | ||||||
5 | rehabilitation of the defendant as determined for
each | ||||||
6 | defendant in the proper discretion of the Court require that | ||||||
7 | the person:
| ||||||
8 | (1) serve a term of periodic imprisonment under Article | ||||||
9 | 7 for a
period not to exceed that specified in paragraph | ||||||
10 | (d) of Section 5-7-1;
| ||||||
11 | (2) pay a fine and costs;
| ||||||
12 | (3) work or pursue a course of study or vocational | ||||||
13 | training;
| ||||||
14 | (4) undergo medical, psychological or psychiatric | ||||||
15 | treatment; or treatment
for drug addiction or alcoholism;
| ||||||
16 | (5) attend or reside in a facility established for the | ||||||
17 | instruction
or residence of defendants on probation;
| ||||||
18 | (6) support his dependents;
| ||||||
19 | (7) and in addition, if a minor:
| ||||||
20 | (i) reside with his parents or in a foster home;
| ||||||
21 | (ii) attend school;
| ||||||
22 | (iii) attend a non-residential program for youth;
| ||||||
23 | (iv) contribute to his own support at home or in a | ||||||
24 | foster home;
| ||||||
25 | (v) with the consent of the superintendent of the
| ||||||
26 | facility, attend an educational program at a facility |
| |||||||
| |||||||
1 | other than the school
in which the
offense was | ||||||
2 | committed if he
or she is convicted of a crime of | ||||||
3 | violence as
defined in
Section 2 of the Crime Victims | ||||||
4 | Compensation Act committed in a school, on the
real
| ||||||
5 | property
comprising a school, or within 1,000 feet of | ||||||
6 | the real property comprising a
school;
| ||||||
7 | (8) make restitution as provided in Section 5-5-6 of | ||||||
8 | this Code;
| ||||||
9 | (9) perform some reasonable public or community | ||||||
10 | service;
| ||||||
11 | (10) serve a term of home confinement. In addition to | ||||||
12 | any other
applicable condition of probation or conditional | ||||||
13 | discharge, the
conditions of home confinement shall be that | ||||||
14 | the offender:
| ||||||
15 | (i) remain within the interior premises of the | ||||||
16 | place designated for
his confinement during the hours | ||||||
17 | designated by the court;
| ||||||
18 | (ii) admit any person or agent designated by the | ||||||
19 | court into the
offender's place of confinement at any | ||||||
20 | time for purposes of verifying
the offender's | ||||||
21 | compliance with the conditions of his confinement; and
| ||||||
22 | (iii) if further deemed necessary by the court or | ||||||
23 | the
Probation or
Court Services Department, be placed | ||||||
24 | on an approved
electronic monitoring device, subject | ||||||
25 | to Article 8A of Chapter V;
| ||||||
26 | (iv) for persons convicted of any alcohol, |
| |||||||
| |||||||
1 | cannabis or controlled
substance violation who are | ||||||
2 | placed on an approved monitoring device as a
condition | ||||||
3 | of probation or conditional discharge, the court shall | ||||||
4 | impose a
reasonable fee for each day of the use of the | ||||||
5 | device, as established by the
county board in | ||||||
6 | subsection (g) of this Section, unless after | ||||||
7 | determining the
inability of the offender to pay the | ||||||
8 | fee, the court assesses a lesser fee or no
fee as the | ||||||
9 | case may be. This fee shall be imposed in addition to | ||||||
10 | the fees
imposed under subsections (g) and (i) of this | ||||||
11 | Section. The fee shall be
collected by the clerk of the | ||||||
12 | circuit court. The clerk of the circuit
court shall pay | ||||||
13 | all monies collected from this fee to the county | ||||||
14 | treasurer
for deposit in the substance abuse services | ||||||
15 | fund under Section 5-1086.1 of
the Counties Code; and
| ||||||
16 | (v) for persons convicted of offenses other than | ||||||
17 | those referenced in
clause (iv) above and who are | ||||||
18 | placed on an approved monitoring device as a
condition | ||||||
19 | of probation or conditional discharge, the court shall | ||||||
20 | impose
a reasonable fee for each day of the use of the | ||||||
21 | device, as established by the
county board in | ||||||
22 | subsection (g) of this Section, unless after | ||||||
23 | determining the
inability of the defendant to pay the | ||||||
24 | fee, the court assesses a lesser fee or
no fee as the | ||||||
25 | case may be. This fee shall be imposed in addition to | ||||||
26 | the fees
imposed under subsections (g) and (i) of this |
| |||||||
| |||||||
1 | Section. The fee
shall be collected by the clerk of the | ||||||
2 | circuit court. The clerk of the circuit
court shall pay | ||||||
3 | all monies collected from this fee
to the county | ||||||
4 | treasurer who shall use the monies collected to defray | ||||||
5 | the
costs of corrections. The county treasurer shall | ||||||
6 | deposit the fee
collected in the county working cash | ||||||
7 | fund under Section 6-27001 or Section
6-29002 of the | ||||||
8 | Counties Code, as the case may be.
| ||||||
9 | (11) comply with the terms and conditions of an order | ||||||
10 | of protection issued
by the court pursuant to the Illinois | ||||||
11 | Domestic Violence Act of 1986,
as now or hereafter amended, | ||||||
12 | or an order of protection issued by the court of
another | ||||||
13 | state, tribe, or United States territory. A copy of the | ||||||
14 | order of
protection shall be
transmitted to the probation | ||||||
15 | officer or agency
having responsibility for the case;
| ||||||
16 | (12) reimburse any "local anti-crime program" as | ||||||
17 | defined in Section 7
of the Anti-Crime Advisory Council Act | ||||||
18 | for any reasonable expenses incurred
by the program on the | ||||||
19 | offender's case, not to exceed the maximum amount of
the | ||||||
20 | fine authorized for the offense for which the defendant was | ||||||
21 | sentenced;
| ||||||
22 | (13) contribute a reasonable sum of money, not to | ||||||
23 | exceed the maximum
amount of the fine authorized for the
| ||||||
24 | offense for which the defendant was sentenced, (i) to a | ||||||
25 | "local anti-crime
program", as defined in Section 7 of the | ||||||
26 | Anti-Crime Advisory Council Act, or (ii) for offenses under |
| |||||||
| |||||||
1 | the jurisdiction of the Department of Natural Resources, to | ||||||
2 | the fund established by the Department of Natural Resources | ||||||
3 | for the purchase of evidence for investigation purposes and | ||||||
4 | to conduct investigations as outlined in Section 805-105 of | ||||||
5 | the Department of Natural Resources (Conservation) Law;
| ||||||
6 | (14) refrain from entering into a designated | ||||||
7 | geographic area except upon
such terms as the court finds | ||||||
8 | appropriate. Such terms may include
consideration of the | ||||||
9 | purpose of the entry, the time of day, other persons
| ||||||
10 | accompanying the defendant, and advance approval by a
| ||||||
11 | probation officer, if
the defendant has been placed on | ||||||
12 | probation or advance approval by the
court, if the | ||||||
13 | defendant was placed on conditional discharge;
| ||||||
14 | (15) refrain from having any contact, directly or | ||||||
15 | indirectly, with
certain specified persons or particular | ||||||
16 | types of persons, including but not
limited to members of | ||||||
17 | street gangs and drug users or dealers;
| ||||||
18 | (16) refrain from having in his or her body the | ||||||
19 | presence of any illicit
drug prohibited by the Cannabis | ||||||
20 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
21 | Methamphetamine Control and Community Protection Act, | ||||||
22 | unless prescribed by a physician, and submit samples of
his | ||||||
23 | or her blood or urine or both for tests to determine the | ||||||
24 | presence of any
illicit drug; and
| ||||||
25 | (17) if convicted for an offense committed on or after | ||||||
26 | the effective date of this amendatory Act of the 95th |
| |||||||
| |||||||
1 | General Assembly that would qualify the accused as a child | ||||||
2 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
3 | Criminal Code of 1961, refrain from communicating with or | ||||||
4 | contacting, by means of the Internet, a person who is | ||||||
5 | related to the accused and whom the accused reasonably | ||||||
6 | believes to be under 18 years of age; for purposes of this | ||||||
7 | paragraph (17), "Internet" has the meaning ascribed to it | ||||||
8 | in Section 16J-5 of the Criminal Code of 1961 , as added by | ||||||
9 | Public Act 94-179 ; and a person is related to the accused | ||||||
10 | if the person is: (i) the spouse, brother, or sister of the | ||||||
11 | accused; (ii) a descendant of the accused; (iii) a first or | ||||||
12 | second cousin of the accused; or (iv) a step-child or | ||||||
13 | adopted child of the accused. | ||||||
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.
|
| |||||||
| |||||||
1 | (e) Except where the offender has committed a fourth or | ||||||
2 | subsequent
violation of subsection (c) of Section 6-303 of the | ||||||
3 | Illinois Vehicle Code,
the court shall not require as a | ||||||
4 | condition of the sentence of
probation or conditional discharge | ||||||
5 | that the offender be committed to a
period of imprisonment in | ||||||
6 | excess of 6 months.
This 6 month limit shall not include | ||||||
7 | periods of confinement given pursuant to
a sentence of county | ||||||
8 | impact incarceration under Section 5-8-1.2.
| ||||||
9 | Persons committed to imprisonment as a condition of | ||||||
10 | probation or
conditional discharge shall not be committed to | ||||||
11 | the Department of
Corrections.
| ||||||
12 | (f) The court may combine a sentence of periodic | ||||||
13 | imprisonment under
Article 7 or a sentence to a county impact | ||||||
14 | incarceration program under
Article 8 with a sentence of | ||||||
15 | probation or conditional discharge.
| ||||||
16 | (g) An offender sentenced to probation or to conditional | ||||||
17 | discharge and
who during the term of either undergoes mandatory | ||||||
18 | drug or alcohol testing,
or both, or is assigned to be placed | ||||||
19 | on an approved electronic monitoring
device, shall be ordered | ||||||
20 | to pay all costs incidental to such mandatory drug
or alcohol | ||||||
21 | testing, or both, and all costs
incidental to such approved | ||||||
22 | electronic monitoring in accordance with the
defendant's | ||||||
23 | ability to pay those costs. The county board with
the | ||||||
24 | concurrence of the Chief Judge of the judicial
circuit in which | ||||||
25 | the county is located shall establish reasonable fees for
the | ||||||
26 | cost of maintenance, testing, and incidental expenses related |
| |||||||
| |||||||
1 | to the
mandatory drug or alcohol testing, or both, and all | ||||||
2 | costs incidental to
approved electronic monitoring, involved | ||||||
3 | in a successful probation program
for the county. The | ||||||
4 | concurrence of the Chief Judge shall be in the form of
an | ||||||
5 | administrative order.
The fees shall be collected by the clerk | ||||||
6 | of the circuit court. The clerk of
the circuit court shall pay | ||||||
7 | all moneys collected from these fees to the county
treasurer | ||||||
8 | who shall use the moneys collected to defray the costs of
drug | ||||||
9 | testing, alcohol testing, and electronic monitoring.
The | ||||||
10 | county treasurer shall deposit the fees collected in the
county | ||||||
11 | working cash fund under Section 6-27001 or Section 6-29002 of | ||||||
12 | the
Counties Code, as the case may be.
| ||||||
13 | (h) Jurisdiction over an offender may be transferred from | ||||||
14 | the
sentencing court to the court of another circuit with the | ||||||
15 | concurrence of
both courts. Further transfers or retransfers of
| ||||||
16 | jurisdiction are also
authorized in the same manner. The court | ||||||
17 | to which jurisdiction has been
transferred shall have the same | ||||||
18 | powers as the sentencing court.
| ||||||
19 | (i) The court shall impose upon an offender
sentenced to | ||||||
20 | probation after January 1, 1989 or to conditional discharge
| ||||||
21 | after January 1, 1992 or to community service under the | ||||||
22 | supervision of a
probation or court services department after | ||||||
23 | January 1, 2004, as a condition of such probation or | ||||||
24 | conditional
discharge or supervised community service, a fee of | ||||||
25 | $50
for each month of probation or
conditional
discharge | ||||||
26 | supervision or supervised community service ordered by the |
| |||||||
| |||||||
1 | court, unless after
determining the inability of the person | ||||||
2 | sentenced to probation or conditional
discharge or supervised | ||||||
3 | community service to pay the
fee, the court assesses a lesser | ||||||
4 | fee. The court may not impose the fee on a
minor who is made a | ||||||
5 | ward of the State under the Juvenile Court Act of 1987
while | ||||||
6 | the minor is in placement.
The fee shall be imposed only upon
| ||||||
7 | an offender who is actively supervised by the
probation and | ||||||
8 | court services
department. The fee shall be collected by the | ||||||
9 | clerk
of the circuit court. The clerk of the circuit court | ||||||
10 | shall pay all monies
collected from this fee to the county | ||||||
11 | treasurer for deposit in the
probation and court services fund | ||||||
12 | under Section 15.1 of the
Probation and Probation Officers Act.
| ||||||
13 | A circuit court may not impose a probation fee under this | ||||||
14 | subsection (i) in excess of $25
per month unless: (1) the | ||||||
15 | circuit court has adopted, by administrative
order issued by | ||||||
16 | the chief judge, a standard probation fee guide
determining an | ||||||
17 | offender's ability to pay, under guidelines developed by
the | ||||||
18 | Administrative
Office of the Illinois Courts; and (2) the | ||||||
19 | circuit court has authorized, by
administrative order issued by | ||||||
20 | the chief judge, the creation of a Crime
Victim's Services | ||||||
21 | Fund, to be administered by the Chief Judge or his or
her | ||||||
22 | designee, for services to crime victims and their families. Of | ||||||
23 | the
amount collected as a probation fee, up to $5 of that fee
| ||||||
24 | collected per month may be used to provide services to crime | ||||||
25 | victims
and their families.
| ||||||
26 | This amendatory Act of the 93rd General Assembly deletes |
| |||||||
| |||||||
1 | the $10 increase in the fee under this subsection that was | ||||||
2 | imposed by Public Act 93-616. This deletion is intended to | ||||||
3 | control over any other Act of the 93rd General Assembly that | ||||||
4 | retains or incorporates that fee increase. | ||||||
5 | (i-5) In addition to the fees imposed under subsection (i) | ||||||
6 | of this Section, in the case of an offender convicted of a | ||||||
7 | felony sex offense (as defined in the Sex Offender Management | ||||||
8 | Board Act) or an offense that the court or probation department | ||||||
9 | has determined to be sexually motivated (as defined in the Sex | ||||||
10 | Offender Management Board Act), the court or the probation | ||||||
11 | department shall assess additional fees to pay for all costs of | ||||||
12 | treatment, assessment, evaluation for risk and treatment, and | ||||||
13 | monitoring the offender, based on that offender's ability to | ||||||
14 | pay those costs either as they occur or under a payment plan. | ||||||
15 | (j) All fines and costs imposed under this Section for any | ||||||
16 | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
17 | Code, or a similar
provision of a local ordinance, and any | ||||||
18 | violation of the Child Passenger
Protection Act, or a similar | ||||||
19 | provision of a local ordinance, shall be
collected and | ||||||
20 | disbursed by the circuit clerk as provided under Section 27.5
| ||||||
21 | of the Clerks of Courts Act.
| ||||||
22 | (k) Any offender who is sentenced to probation or | ||||||
23 | conditional discharge for a felony sex offense as defined in | ||||||
24 | the Sex Offender Management Board Act or any offense that the | ||||||
25 | court or probation department has determined to be sexually | ||||||
26 | motivated as defined in the Sex Offender Management Board Act |
| |||||||
| |||||||
1 | shall be required to refrain from any contact, directly or | ||||||
2 | indirectly, with any persons specified by the court and shall | ||||||
3 | be available for all evaluations and treatment programs | ||||||
4 | required by the court or the probation department.
| ||||||
5 | (l) The court may order an offender who is sentenced to | ||||||
6 | probation or conditional
discharge for a violation of an order | ||||||
7 | of protection be placed under electronic surveillance as | ||||||
8 | provided in Section 5-8A-7 of this Code. | ||||||
9 | (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | ||||||
10 | 94-556, eff. 9-11-05; 95-331, eff. 8-21-07; 95-464, eff. | ||||||
11 | 6-1-08; 95-578, eff. 6-1-08; 95-696, eff. 6-1-08; revised | ||||||
12 | 12-26-07.)
| ||||||
13 | (730 ILCS 5/5-8A-7 new)
| ||||||
14 | Sec. 5-8A-7. Domestic violence surveillance program. If | ||||||
15 | the Prisoner Review Board, Department of Corrections, or court | ||||||
16 | orders electronic surveillance as a condition of parole, | ||||||
17 | mandatory supervised release, early release, probation, or | ||||||
18 | conditional discharge for a violation of an order of protection | ||||||
19 | or as a condition of bail for a person charged with a violation | ||||||
20 | of an order of protection, the supervising authority must use a | ||||||
21 | system that requires the defendant to carry or wear a global | ||||||
22 | positioning system device, provides the victim with an | ||||||
23 | electronic receptor device, and actively monitors and | ||||||
24 | identifies the offender's current location and timely reports | ||||||
25 | or records the offender's presence and alerts the supervising |
| |||||||
| |||||||
1 | authority and the victim of the offender's presence in a place | ||||||
2 | prohibited in the order of protection and the offender's | ||||||
3 | departure from specified geographic limitations. | ||||||
4 | (730 ILCS 5/5-9-1.16 new) | ||||||
5 | Sec. 5-9-1.16. Protective order violation fines. | ||||||
6 | (a) There shall be added to every penalty imposed in | ||||||
7 | sentencing for a violation of an order of protection under | ||||||
8 | Section 12-30 of the Criminal Code of 1961 an additional fine | ||||||
9 | to be set in an amount not less than $200 to be imposed upon a | ||||||
10 | plea of guilty or finding of guilty resulting in a judgment of | ||||||
11 | conviction. | ||||||
12 | (b)
Such additional amount shall be assessed by the court | ||||||
13 | imposing sentence and shall be collected by the Circuit Clerk | ||||||
14 | in addition to the fine, if any, and costs in the case to be | ||||||
15 | used by the Illinois State Police in implementing the domestic | ||||||
16 | violence surveillance program. Each such additional penalty | ||||||
17 | shall be remitted by the Circuit Clerk within one month after | ||||||
18 | receipt to the State Treasurer for deposit into the Domestic | ||||||
19 | Violence Surveillance Fund. The Circuit Clerk shall retain 10% | ||||||
20 | of such penalty to cover the costs incurred in administering | ||||||
21 | and enforcing this Section. Such additional penalty shall not | ||||||
22 | be considered a part of the fine for purposes of any reduction | ||||||
23 | in the fine for time served either before or after sentencing. | ||||||
24 | (c)
Not later than March 1 of each year the Clerk of the | ||||||
25 | Circuit Court shall submit to the State Comptroller a report of |
| |||||||
| |||||||
1 | the amount of funds remitted by him or her to the State | ||||||
2 | Treasurer under this Section during the preceding calendar | ||||||
3 | year. Except as otherwise provided by Supreme Court Rules, if a | ||||||
4 | court in sentencing an offender levies a gross amount for fine, | ||||||
5 | costs, fees and penalties, the amount of the additional penalty | ||||||
6 | provided for herein shall be collected from the amount | ||||||
7 | remaining after deducting from the gross amount levied all fees | ||||||
8 | of the Circuit Clerk, the State's Attorney and the Sheriff. | ||||||
9 | After deducting from the gross amount levied the fees and | ||||||
10 | additional penalty provided for herein, less any other | ||||||
11 | additional penalties provided by law, the clerk shall remit the | ||||||
12 | net balance remaining to the State Treasurer for deposit into | ||||||
13 | the Domestic Violence Surveillance Fund. | ||||||
14 | (d) Moneys in the Domestic Violence Surveillance Fund shall | ||||||
15 | be used by the supervising authority of a respondent ordered to | ||||||
16 | carry or wear a global positioning system device for a | ||||||
17 | violation of an order of protection under Section 12-30 of the | ||||||
18 | Criminal Code of 1961 to offset the costs of such surveillance | ||||||
19 | of the respondent. | ||||||
20 | (e) For purposes of this Section "fees of the Circuit | ||||||
21 | Clerk" shall include, if applicable, the fee provided for under | ||||||
22 | Section 27.3a of the Clerks of Courts Act and the fee, if | ||||||
23 | applicable, payable to the county in which the violation | ||||||
24 | occurred under Section 5-1101 of the Counties Code. | ||||||
25 | Section 30. The Illinois Domestic Violence Act of 1986 is |
| |||||||
| |||||||
1 | amended by changing Section 214 as follows:
| ||||||
2 | (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
| ||||||
3 | Sec. 214. Order of protection; remedies.
| ||||||
4 | (a) Issuance of order. If the court finds that petitioner | ||||||
5 | has been
abused by a family or household member or that | ||||||
6 | petitioner is a high-risk
adult who has been abused, neglected, | ||||||
7 | or exploited, as defined in this Act,
an order of protection | ||||||
8 | prohibiting the abuse, neglect, or exploitation
shall issue; | ||||||
9 | provided that petitioner must also satisfy the requirements of
| ||||||
10 | one of the following Sections, as appropriate: Section 217 on | ||||||
11 | emergency
orders, Section 218 on interim orders, or Section 219 | ||||||
12 | on plenary orders.
Petitioner shall not be denied an order of | ||||||
13 | protection because petitioner or
respondent is a minor. The | ||||||
14 | court, when determining whether or not to issue
an order of | ||||||
15 | protection, shall not require physical manifestations of abuse
| ||||||
16 | on the person of the victim. Modification and extension of | ||||||
17 | prior
orders of protection shall be in accordance with this | ||||||
18 | Act.
| ||||||
19 | (b) Remedies and standards. The remedies to be included in | ||||||
20 | an order of
protection shall be determined in accordance with | ||||||
21 | this Section and one of
the following Sections, as appropriate: | ||||||
22 | Section 217 on emergency orders,
Section 218 on interim orders, | ||||||
23 | and Section 219 on plenary orders. The
remedies listed in this | ||||||
24 | subsection shall be in addition to other civil or
criminal | ||||||
25 | remedies available to petitioner. The remedy provided in |
| |||||||
| |||||||
1 | paragraph (18) of this subsection (b) shall be included in | ||||||
2 | every order of protection issued on or after the effective date | ||||||
3 | of this amendatory Act of the 95th General Assembly.
| ||||||
4 | (1) Prohibition of abuse, neglect, or exploitation. | ||||||
5 | Prohibit
respondent's harassment, interference with | ||||||
6 | personal liberty, intimidation
of a dependent, physical | ||||||
7 | abuse, or willful deprivation, neglect or
exploitation, as | ||||||
8 | defined in this Act, or stalking of the petitioner, as | ||||||
9 | defined
in Section 12-7.3 of the Criminal Code of 1961, if | ||||||
10 | such abuse, neglect,
exploitation, or stalking has | ||||||
11 | occurred or otherwise appears likely to occur if
not | ||||||
12 | prohibited.
| ||||||
13 | (2) Grant of exclusive possession of residence. | ||||||
14 | Prohibit respondent from
entering or remaining in any | ||||||
15 | residence or household of the petitioner,
including one | ||||||
16 | owned or leased by respondent, if petitioner has a right to
| ||||||
17 | occupancy thereof. The grant of exclusive possession of the | ||||||
18 | residence shall not
affect title to real property, nor | ||||||
19 | shall the court be limited by the standard
set forth in | ||||||
20 | Section 701 of the Illinois Marriage and Dissolution of | ||||||
21 | Marriage
Act.
| ||||||
22 | (A) Right to occupancy. A party has a right to | ||||||
23 | occupancy of a
residence or household if it is solely | ||||||
24 | or jointly owned or leased by that
party, that party's | ||||||
25 | spouse, a person with a legal duty to support that | ||||||
26 | party or
a minor child in that party's care, or by any |
| |||||||
| |||||||
1 | person or entity other than the
opposing party that | ||||||
2 | authorizes that party's occupancy (e.g., a domestic
| ||||||
3 | violence shelter). Standards set forth in subparagraph | ||||||
4 | (B) shall not preclude
equitable relief.
| ||||||
5 | (B) Presumption of hardships. If petitioner and | ||||||
6 | respondent
each has the right to occupancy of a | ||||||
7 | residence or household, the court
shall balance (i) the | ||||||
8 | hardships to respondent and any minor child or
| ||||||
9 | dependent adult in respondent's care resulting from | ||||||
10 | entry of this remedy with
(ii) the hardships to | ||||||
11 | petitioner and any minor child or dependent adult in
| ||||||
12 | petitioner's care resulting from continued exposure to | ||||||
13 | the risk of abuse
(should petitioner remain at the | ||||||
14 | residence or household) or from loss of
possession of | ||||||
15 | the residence or household (should petitioner leave to | ||||||
16 | avoid the
risk of abuse). When determining the balance | ||||||
17 | of hardships, the court shall
also take into account | ||||||
18 | the accessibility of the residence or household.
| ||||||
19 | Hardships need not be balanced if respondent does not | ||||||
20 | have a right to
occupancy.
| ||||||
21 | The balance of hardships is presumed to favor | ||||||
22 | possession by
petitioner unless the presumption is | ||||||
23 | rebutted by a preponderance of the
evidence, showing | ||||||
24 | that the hardships to respondent substantially | ||||||
25 | outweigh
the hardships to petitioner and any minor | ||||||
26 | child or dependent adult in
petitioner's care. The |
| |||||||
| |||||||
1 | court, on the request of petitioner or on its own
| ||||||
2 | motion, may order respondent to provide suitable, | ||||||
3 | accessible, alternate housing
for petitioner instead | ||||||
4 | of excluding respondent from a mutual residence or
| ||||||
5 | household.
| ||||||
6 | (3) Stay away order and additional prohibitions.
Order | ||||||
7 | respondent to stay away from petitioner or any other person
| ||||||
8 | protected by the order of protection, or prohibit | ||||||
9 | respondent from entering
or remaining present at | ||||||
10 | petitioner's school, place of employment, or other
| ||||||
11 | specified places at times when petitioner is present, or | ||||||
12 | both, if
reasonable, given the balance of hardships. | ||||||
13 | Hardships need not be balanced for
the court to enter a | ||||||
14 | stay away order or prohibit entry if respondent has no
| ||||||
15 | right to enter the premises.
| ||||||
16 | If an order of protection grants petitioner exclusive | ||||||
17 | possession
of the residence, or prohibits respondent from | ||||||
18 | entering the residence,
or orders respondent to stay away | ||||||
19 | from petitioner or other
protected persons, then the court | ||||||
20 | may allow respondent access to the
residence to remove | ||||||
21 | items of clothing and personal adornment
used exclusively | ||||||
22 | by respondent, medications, and other items as the court
| ||||||
23 | directs. The right to access shall be exercised on only one | ||||||
24 | occasion as the
court directs and in the presence of an | ||||||
25 | agreed-upon adult third party or law
enforcement officer.
| ||||||
26 | (4) Counseling. Require or recommend the respondent to |
| |||||||
| |||||||
1 | undergo
counseling for a specified duration with a social | ||||||
2 | worker, psychologist,
clinical psychologist, psychiatrist, | ||||||
3 | family service agency, alcohol or
substance abuse program, | ||||||
4 | mental health center guidance counselor, agency
providing | ||||||
5 | services to elders, program designed for domestic violence
| ||||||
6 | abusers or any other guidance service the court deems | ||||||
7 | appropriate.
| ||||||
8 | (5) Physical care and possession of the minor child. In | ||||||
9 | order to protect
the minor child from abuse, neglect, or | ||||||
10 | unwarranted separation from the person
who has been the | ||||||
11 | minor child's primary caretaker, or to otherwise protect | ||||||
12 | the
well-being of the minor child, the court may do either | ||||||
13 | or both of the
following: (i) grant petitioner physical | ||||||
14 | care or possession of the minor child,
or both, or (ii) | ||||||
15 | order respondent to return a minor child to, or not remove | ||||||
16 | a
minor child from, the physical care of a parent or person | ||||||
17 | in loco parentis.
| ||||||
18 | If a court finds, after a hearing, that respondent has | ||||||
19 | committed abuse
(as defined in Section 103) of a minor | ||||||
20 | child, there shall be a
rebuttable presumption that | ||||||
21 | awarding physical care to respondent would not
be in the | ||||||
22 | minor child's best interest.
| ||||||
23 | (6) Temporary legal custody. Award temporary legal | ||||||
24 | custody to petitioner
in accordance with this Section, the | ||||||
25 | Illinois Marriage and Dissolution of
Marriage Act, the | ||||||
26 | Illinois Parentage Act of 1984, and this State's Uniform
|
| |||||||
| |||||||
1 | Child-Custody Jurisdiction and Enforcement Act.
| ||||||
2 | If a court finds, after a hearing, that respondent has | ||||||
3 | committed abuse (as
defined in Section 103) of a minor | ||||||
4 | child, there shall be a rebuttable
presumption that | ||||||
5 | awarding temporary legal custody to respondent would not be | ||||||
6 | in
the child's best interest.
| ||||||
7 | (7) Visitation. Determine the visitation rights, if | ||||||
8 | any, of respondent in
any case in which the court awards | ||||||
9 | physical care or temporary legal custody of
a minor child | ||||||
10 | to petitioner. The court shall restrict or deny | ||||||
11 | respondent's
visitation with a minor child if the court | ||||||
12 | finds that respondent has done or is
likely to do any of | ||||||
13 | the following: (i) abuse or endanger the minor child during
| ||||||
14 | visitation; (ii) use the visitation as an opportunity to | ||||||
15 | abuse or harass
petitioner or petitioner's family or | ||||||
16 | household members; (iii) improperly
conceal or detain the | ||||||
17 | minor child; or (iv) otherwise act in a manner that is
not | ||||||
18 | in the best interests of the minor child. The court shall | ||||||
19 | not be limited
by the standards set forth in Section 607.1 | ||||||
20 | of the Illinois Marriage and
Dissolution of Marriage Act. | ||||||
21 | If the court grants visitation, the order shall
specify | ||||||
22 | dates and times for the visitation to take place or other | ||||||
23 | specific
parameters or conditions that are appropriate. No | ||||||
24 | order for visitation shall
refer merely to the term | ||||||
25 | "reasonable visitation".
| ||||||
26 | Petitioner may deny respondent access to the minor |
| |||||||
| |||||||
1 | child if, when
respondent arrives for visitation, | ||||||
2 | respondent is under the influence of drugs
or alcohol and | ||||||
3 | constitutes a threat to the safety and well-being of
| ||||||
4 | petitioner or petitioner's minor children or is behaving in | ||||||
5 | a violent or
abusive manner.
| ||||||
6 | If necessary to protect any member of petitioner's | ||||||
7 | family or
household from future abuse, respondent shall be | ||||||
8 | prohibited from coming to
petitioner's residence to meet | ||||||
9 | the minor child for visitation, and the
parties shall | ||||||
10 | submit to the court their recommendations for reasonable
| ||||||
11 | alternative arrangements for visitation. A person may be | ||||||
12 | approved to
supervise visitation only after filing an | ||||||
13 | affidavit accepting
that responsibility and acknowledging | ||||||
14 | accountability to the court.
| ||||||
15 | (8) Removal or concealment of minor child. Prohibit | ||||||
16 | respondent from
removing a minor child from the State or | ||||||
17 | concealing the child within the State.
| ||||||
18 | (9) Order to appear. Order the respondent to appear in | ||||||
19 | court, alone
or with a minor child, to prevent abuse, | ||||||
20 | neglect, removal or concealment of
the child, to return the | ||||||
21 | child to the custody or care of the petitioner or
to permit | ||||||
22 | any court-ordered interview or examination of the child or | ||||||
23 | the
respondent.
| ||||||
24 | (10) Possession of personal property. Grant petitioner | ||||||
25 | exclusive
possession of personal property and, if | ||||||
26 | respondent has possession or
control, direct respondent to |
| |||||||
| |||||||
1 | promptly make it available to petitioner, if:
| ||||||
2 | (i) petitioner, but not respondent, owns the | ||||||
3 | property; or
| ||||||
4 | (ii) the parties own the property jointly; sharing | ||||||
5 | it would risk
abuse of petitioner by respondent or is | ||||||
6 | impracticable; and the balance of
hardships favors | ||||||
7 | temporary possession by petitioner.
| ||||||
8 | If petitioner's sole claim to ownership of the property | ||||||
9 | is that it is
marital property, the court may award | ||||||
10 | petitioner temporary possession
thereof under the | ||||||
11 | standards of subparagraph (ii) of this paragraph only if
a | ||||||
12 | proper proceeding has been filed under the Illinois | ||||||
13 | Marriage and
Dissolution of Marriage Act, as now or | ||||||
14 | hereafter amended.
| ||||||
15 | No order under this provision shall affect title to | ||||||
16 | property.
| ||||||
17 | (11) Protection of property. Forbid the respondent | ||||||
18 | from taking,
transferring, encumbering, concealing, | ||||||
19 | damaging or otherwise disposing of
any real or personal | ||||||
20 | property, except as explicitly authorized by the
court, if:
| ||||||
21 | (i) petitioner, but not respondent, owns the | ||||||
22 | property; or
| ||||||
23 | (ii) the parties own the property jointly,
and the | ||||||
24 | balance of hardships favors granting this remedy.
| ||||||
25 | If petitioner's sole claim to ownership of the property | ||||||
26 | is that it is
marital property, the court may grant |
| |||||||
| |||||||
1 | petitioner relief under subparagraph
(ii) of this | ||||||
2 | paragraph only if a proper proceeding has been filed under | ||||||
3 | the
Illinois Marriage and Dissolution of Marriage Act, as | ||||||
4 | now or hereafter amended.
| ||||||
5 | The court may further prohibit respondent from | ||||||
6 | improperly using the
financial or other resources of an | ||||||
7 | aged member of the family or household
for the profit or | ||||||
8 | advantage of respondent or of any other person.
| ||||||
9 | (11.5) Protection of animals. Grant the petitioner the | ||||||
10 | exclusive care, custody, or control of any animal owned, | ||||||
11 | possessed, leased, kept, or held by either the petitioner | ||||||
12 | or the respondent or a minor child residing in the | ||||||
13 | residence or household of either the petitioner or the | ||||||
14 | respondent and order the respondent to stay away from the | ||||||
15 | animal and forbid the respondent from taking, | ||||||
16 | transferring, encumbering, concealing, harming, or | ||||||
17 | otherwise disposing of the animal.
| ||||||
18 | (12) Order for payment of support. Order respondent to | ||||||
19 | pay temporary
support for the petitioner or any child in | ||||||
20 | the petitioner's care or
custody, when the respondent has a | ||||||
21 | legal obligation to support that person,
in accordance with | ||||||
22 | the Illinois Marriage and Dissolution
of Marriage Act, | ||||||
23 | which shall govern, among other matters, the amount of
| ||||||
24 | support, payment through the clerk and withholding of | ||||||
25 | income to secure
payment. An order for child support may be | ||||||
26 | granted to a petitioner with
lawful physical care or |
| |||||||
| |||||||
1 | custody of a child, or an order or agreement for
physical | ||||||
2 | care or custody, prior to entry of an order for legal | ||||||
3 | custody.
Such a support order shall expire upon entry of a | ||||||
4 | valid order granting
legal custody to another, unless | ||||||
5 | otherwise provided in the custody order.
| ||||||
6 | (13) Order for payment of losses. Order respondent to | ||||||
7 | pay petitioner for
losses suffered as a direct result of | ||||||
8 | the abuse, neglect, or exploitation.
Such losses shall | ||||||
9 | include, but not be limited to, medical expenses, lost
| ||||||
10 | earnings or other support, repair or replacement of | ||||||
11 | property damaged or taken,
reasonable attorney's fees, | ||||||
12 | court costs and moving or other travel expenses,
including | ||||||
13 | additional reasonable expenses for temporary shelter and | ||||||
14 | restaurant
meals.
| ||||||
15 | (i) Losses affecting family needs. If a party is | ||||||
16 | entitled to seek
maintenance, child support or | ||||||
17 | property distribution from the other party
under the | ||||||
18 | Illinois Marriage and Dissolution of Marriage Act, as | ||||||
19 | now or
hereafter amended, the court may order | ||||||
20 | respondent to reimburse petitioner's
actual losses, to | ||||||
21 | the extent that such reimbursement would be | ||||||
22 | "appropriate
temporary relief", as authorized by | ||||||
23 | subsection (a)(3) of Section 501 of
that Act.
| ||||||
24 | (ii) Recovery of expenses. In the case of an | ||||||
25 | improper concealment
or removal of a minor child, the | ||||||
26 | court may order respondent to pay the
reasonable |
| |||||||
| |||||||
1 | expenses incurred or to be incurred in the search for | ||||||
2 | and recovery
of the minor child, including but not | ||||||
3 | limited to legal fees, court costs,
private | ||||||
4 | investigator fees, and travel costs.
| ||||||
5 | (14) Prohibition of entry. Prohibit the respondent | ||||||
6 | from entering or
remaining in the residence or household | ||||||
7 | while the respondent is under the
influence of alcohol or | ||||||
8 | drugs and constitutes a threat to the safety and
well-being | ||||||
9 | of the petitioner or the petitioner's children.
| ||||||
10 | (14.5) Prohibition of firearm possession.
| ||||||
11 | (a) When a complaint is made
under a request for an | ||||||
12 | order of protection, that the respondent has | ||||||
13 | threatened
or is likely to use firearms illegally | ||||||
14 | against the petitioner, and the
respondent is present | ||||||
15 | in court, or has failed to appear after receiving | ||||||
16 | actual
notice, the court shall examine on oath the | ||||||
17 | petitioner, and any witnesses who
may be produced. If | ||||||
18 | the court is satisfied that there is any danger of the
| ||||||
19 | illegal use of firearms, it shall issue an order that | ||||||
20 | any firearms in the
possession of the respondent, | ||||||
21 | except as provided in subsection (b), be turned
over to | ||||||
22 | the local law enforcement agency
for safekeeping. If | ||||||
23 | the respondent has failed to appear, the court shall
| ||||||
24 | issue a warrant for seizure of any firearm in the | ||||||
25 | possession of the respondent.
The period of | ||||||
26 | safekeeping shall be for a stated period of time not to |
| |||||||
| |||||||
1 | exceed 2
years. The firearm or firearms shall be | ||||||
2 | returned to the respondent at the end
of the stated | ||||||
3 | period or at expiration of the order of protection, | ||||||
4 | whichever is
sooner.
| ||||||
5 | (b) If the respondent is a peace officer as defined | ||||||
6 | in Section 2-13 of
the
Criminal Code of 1961, the court | ||||||
7 | shall order that any firearms used by the
respondent in | ||||||
8 | the performance of his or her duties as a
peace officer | ||||||
9 | be surrendered to
the chief law enforcement executive | ||||||
10 | of the agency in which the respondent is
employed, who | ||||||
11 | shall retain the firearms for safekeeping for the | ||||||
12 | stated period
not to exceed 2 years as set forth in the | ||||||
13 | court order.
| ||||||
14 | (15) Prohibition of access to records. If an order of | ||||||
15 | protection
prohibits respondent from having contact with | ||||||
16 | the minor child,
or if petitioner's address is omitted | ||||||
17 | under subsection (b) of
Section 203, or if necessary to | ||||||
18 | prevent abuse or wrongful removal or
concealment of a minor | ||||||
19 | child, the order shall deny respondent access to, and
| ||||||
20 | prohibit respondent from inspecting, obtaining, or | ||||||
21 | attempting to
inspect or obtain, school or any other | ||||||
22 | records of the minor child
who is in the care of | ||||||
23 | petitioner.
| ||||||
24 | (16) Order for payment of shelter services. Order | ||||||
25 | respondent to
reimburse a shelter providing temporary | ||||||
26 | housing and counseling services to
the petitioner for the |
| |||||||
| |||||||
1 | cost of the services, as certified by the shelter
and | ||||||
2 | deemed reasonable by the court.
| ||||||
3 | (17) Order for injunctive relief. Enter injunctive | ||||||
4 | relief necessary
or appropriate to prevent further abuse of | ||||||
5 | a family or household member
or further abuse, neglect, or | ||||||
6 | exploitation of a high-risk adult with
disabilities or to | ||||||
7 | effectuate one of the granted remedies, if supported by the
| ||||||
8 | balance of hardships. If the harm to be prevented by the | ||||||
9 | injunction is abuse
or any other harm that one of the | ||||||
10 | remedies listed in paragraphs (1) through
(16) of this | ||||||
11 | subsection is designed to prevent, no further evidence is
| ||||||
12 | necessary that the harm is an irreparable injury.
| ||||||
13 | (18) Order for attendance at partner abuse | ||||||
14 | intervention programs. Order the respondent to attend and | ||||||
15 | complete partner abuse intervention programs per protocols | ||||||
16 | set by the Illinois Department of Human Services under such | ||||||
17 | terms and conditions as the court may direct. | ||||||
18 | (c) Relevant factors; findings.
| ||||||
19 | (1) In determining whether to grant a specific remedy, | ||||||
20 | other than
payment of support, the court shall consider
| ||||||
21 | relevant factors, including but not limited to the | ||||||
22 | following:
| ||||||
23 | (i) the nature, frequency, severity, pattern and | ||||||
24 | consequences of the
respondent's past abuse, neglect | ||||||
25 | or exploitation of the petitioner or
any family or | ||||||
26 | household member, including the concealment of his or |
| |||||||
| |||||||
1 | her
location in order to evade service of process or | ||||||
2 | notice, and the likelihood of
danger of future abuse, | ||||||
3 | neglect, or exploitation to petitioner or any member of
| ||||||
4 | petitioner's or respondent's family or household; and
| ||||||
5 | (ii) the danger that any minor child will be abused | ||||||
6 | or neglected or
improperly removed from the | ||||||
7 | jurisdiction, improperly concealed within the
State or | ||||||
8 | improperly separated from the child's primary | ||||||
9 | caretaker.
| ||||||
10 | (2) In comparing relative hardships resulting to the | ||||||
11 | parties from loss
of possession of the family home, the | ||||||
12 | court shall consider relevant
factors, including but not | ||||||
13 | limited to the following:
| ||||||
14 | (i) availability, accessibility, cost, safety, | ||||||
15 | adequacy, location and
other characteristics of | ||||||
16 | alternate housing for each party and any minor child
or | ||||||
17 | dependent adult in the party's care;
| ||||||
18 | (ii) the effect on the party's employment; and
| ||||||
19 | (iii) the effect on the relationship of the party, | ||||||
20 | and any minor
child or dependent adult in the party's | ||||||
21 | care, to family, school, church
and community.
| ||||||
22 | (3) Subject to the exceptions set forth in paragraph | ||||||
23 | (4) of this
subsection, the court shall make its findings | ||||||
24 | in an official record or in
writing, and shall at a minimum | ||||||
25 | set forth the following:
| ||||||
26 | (i) That the court has considered the applicable |
| |||||||
| |||||||
1 | relevant factors
described in paragraphs (1) and (2) of | ||||||
2 | this subsection.
| ||||||
3 | (ii) Whether the conduct or actions of respondent, | ||||||
4 | unless
prohibited, will likely cause irreparable harm | ||||||
5 | or continued abuse.
| ||||||
6 | (iii) Whether it is necessary to grant the | ||||||
7 | requested relief in order
to protect petitioner or | ||||||
8 | other alleged abused persons.
| ||||||
9 | (4) For purposes of issuing an ex parte emergency order | ||||||
10 | of protection,
the court, as an alternative to or as a | ||||||
11 | supplement to making the findings
described in paragraphs | ||||||
12 | (c)(3)(i) through (c)(3)(iii) of this subsection, may
use | ||||||
13 | the following procedure:
| ||||||
14 | When a verified petition for an emergency order of | ||||||
15 | protection in
accordance with the requirements of Sections | ||||||
16 | 203 and 217 is
presented to the court, the court shall | ||||||
17 | examine petitioner on oath or
affirmation. An emergency | ||||||
18 | order of protection shall be issued by the court
if it | ||||||
19 | appears from the contents of the petition and the | ||||||
20 | examination of
petitioner that the averments are | ||||||
21 | sufficient to indicate abuse by
respondent and to support | ||||||
22 | the granting of relief under the issuance of the
emergency | ||||||
23 | order of protection.
| ||||||
24 | (5) Never married parties. No rights or | ||||||
25 | responsibilities for a minor
child born outside of marriage | ||||||
26 | attach to a putative father until a father and
child |
| |||||||
| |||||||
1 | relationship has been established under the Illinois | ||||||
2 | Parentage Act of
1984, the Illinois Public Aid Code, | ||||||
3 | Section 12 of the Vital Records Act, the
Juvenile Court Act | ||||||
4 | of 1987, the Probate Act of 1985, the Revised Uniform
| ||||||
5 | Reciprocal Enforcement of Support Act, the Uniform | ||||||
6 | Interstate Family Support
Act, the Expedited Child Support | ||||||
7 | Act of 1990, any judicial, administrative, or
other act of | ||||||
8 | another state or territory, any other Illinois statute, or | ||||||
9 | by any
foreign nation establishing the father and child | ||||||
10 | relationship, any other
proceeding substantially in | ||||||
11 | conformity with the Personal Responsibility and
Work | ||||||
12 | Opportunity Reconciliation Act of 1996 (Pub. L. 104-193), | ||||||
13 | or where both
parties appeared in open court or at an | ||||||
14 | administrative hearing acknowledging
under
oath or | ||||||
15 | admitting by affirmation the existence of a father and | ||||||
16 | child
relationship.
Absent such an adjudication, finding, | ||||||
17 | or acknowledgement, no putative
father shall be granted
| ||||||
18 | temporary custody of the minor child, visitation with the | ||||||
19 | minor child, or
physical care and possession of the minor | ||||||
20 | child, nor shall an order of payment
for support of the | ||||||
21 | minor child be entered.
| ||||||
22 | (d) Balance of hardships; findings. If the court finds that | ||||||
23 | the balance
of hardships does not support the granting of a | ||||||
24 | remedy governed by
paragraph (2), (3), (10), (11), or (16) of | ||||||
25 | subsection (b) of this Section,
which may require such | ||||||
26 | balancing, the court's findings shall so
indicate and shall |
| |||||||
| |||||||
1 | include a finding as to whether granting the remedy will
result | ||||||
2 | in hardship to respondent that would substantially outweigh the | ||||||
3 | hardship
to petitioner from denial of the remedy. The findings | ||||||
4 | shall be an official
record or in writing.
| ||||||
5 | (e) Denial of remedies. Denial of any remedy shall not be | ||||||
6 | based, in
whole or in part, on evidence that:
| ||||||
7 | (1) Respondent has cause for any use of force, unless | ||||||
8 | that cause
satisfies the standards for justifiable use of | ||||||
9 | force provided by Article
VII of the Criminal Code of 1961;
| ||||||
10 | (2) Respondent was voluntarily intoxicated;
| ||||||
11 | (3) Petitioner acted in self-defense or defense of | ||||||
12 | another, provided
that, if petitioner utilized force, such | ||||||
13 | force was justifiable under
Article VII of the Criminal | ||||||
14 | Code of 1961;
| ||||||
15 | (4) Petitioner did not act in self-defense or defense | ||||||
16 | of another;
| ||||||
17 | (5) Petitioner left the residence or household to avoid | ||||||
18 | further abuse,
neglect, or exploitation by respondent;
| ||||||
19 | (6) Petitioner did not leave the residence or household | ||||||
20 | to avoid further
abuse, neglect, or exploitation by | ||||||
21 | respondent;
| ||||||
22 | (7) Conduct by any family or household member excused | ||||||
23 | the abuse,
neglect, or exploitation by respondent, unless | ||||||
24 | that same conduct would have
excused such abuse, neglect, | ||||||
25 | or exploitation if the parties had not been
family or | ||||||
26 | household members.
|
| |||||||
| |||||||
1 | (Source: P.A. 95-234, eff. 1-1-08.)".
|