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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||
4 | Section 5. The Unified Code of Corrections is amended by | ||||||||||||||||||||||||||||
5 | changing Sections 3-3-7, 5-6-3, and 5-6-3.1 as follows: | ||||||||||||||||||||||||||||
6 | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | ||||||||||||||||||||||||||||
7 | (Text of Section after amendment by P.A. 95-464, 95-579, | ||||||||||||||||||||||||||||
8 | and 95-640 ) | ||||||||||||||||||||||||||||
9 | Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | ||||||||||||||||||||||||||||
10 | Release.
| ||||||||||||||||||||||||||||
11 | (a) The conditions of parole or mandatory
supervised | ||||||||||||||||||||||||||||
12 | release shall be such as the Prisoner Review
Board deems | ||||||||||||||||||||||||||||
13 | necessary to assist the subject in leading a
law-abiding life. | ||||||||||||||||||||||||||||
14 | The conditions of every parole and mandatory
supervised release | ||||||||||||||||||||||||||||
15 | are that the subject:
| ||||||||||||||||||||||||||||
16 | (1) not violate any criminal statute of any | ||||||||||||||||||||||||||||
17 | jurisdiction
during the parole or release term;
| ||||||||||||||||||||||||||||
18 | (2) refrain from possessing a firearm or other | ||||||||||||||||||||||||||||
19 | dangerous
weapon;
| ||||||||||||||||||||||||||||
20 | (3) report to an agent of the Department of | ||||||||||||||||||||||||||||
21 | Corrections;
| ||||||||||||||||||||||||||||
22 | (4) permit the agent to visit him or her at his or her | ||||||||||||||||||||||||||||
23 | home, employment,
or
elsewhere to the
extent necessary for |
| |||||||
| |||||||
1 | the agent to discharge his or her duties;
| ||||||
2 | (5) attend or reside in a facility established for the | ||||||
3 | instruction or
residence
of persons on
parole or mandatory | ||||||
4 | supervised release;
| ||||||
5 | (6) secure permission before visiting or writing a | ||||||
6 | committed person in an
Illinois Department
of Corrections | ||||||
7 | facility;
| ||||||
8 | (7) report all arrests to an agent of the Department of | ||||||
9 | Corrections as
soon as
permitted by the
arresting authority | ||||||
10 | but in no event later than 24 hours after release from
| ||||||
11 | custody;
| ||||||
12 | (7.5) if convicted of a sex offense as defined in the | ||||||
13 | Sex Offender
Management Board Act, the individual shall | ||||||
14 | undergo and successfully complete
sex offender treatment | ||||||
15 | conducted in conformance with the standards developed by
| ||||||
16 | the Sex
Offender Management Board Act by a treatment | ||||||
17 | provider approved by the Board;
| ||||||
18 | (7.6) if convicted of a sex offense as defined in the | ||||||
19 | Sex Offender
Management Board Act, refrain from residing at | ||||||
20 | the same address or in the same condominium unit or | ||||||
21 | apartment unit or in the same condominium complex or | ||||||
22 | apartment complex with another person he or she knows or | ||||||
23 | reasonably should know is a convicted sex offender or has | ||||||
24 | been placed on supervision for a sex offense; the | ||||||
25 | provisions of this paragraph do not apply to a person | ||||||
26 | convicted of a sex offense who is placed in a Department of |
| |||||||
| |||||||
1 | Corrections licensed transitional housing facility for sex | ||||||
2 | offenders, or is in any facility operated or licensed by | ||||||
3 | the Department of Children and Family Services or by the | ||||||
4 | Department of Human Services, or is in any licensed medical | ||||||
5 | facility;
| ||||||
6 | (7.7) if convicted for an offense that would qualify | ||||||
7 | the accused as a sexual predator under the Sex Offender | ||||||
8 | Registration Act on or after the effective date of this | ||||||
9 | amendatory Act of the 94th General Assembly, wear an | ||||||
10 | approved electronic monitoring device as defined in | ||||||
11 | Section 5-8A-2 for the duration of the person's parole, | ||||||
12 | mandatory supervised release term, or extended mandatory | ||||||
13 | supervised release term;
| ||||||
14 | (7.8) if convicted for an offense committed on or after | ||||||
15 | the effective date of this amendatory Act of the 95th | ||||||
16 | General Assembly that would qualify the accused as a child | ||||||
17 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
18 | Criminal Code of 1961, refrain from communicating with or | ||||||
19 | contacting, by means of the Internet, a person who is not | ||||||
20 | related to the accused and whom the accused reasonably | ||||||
21 | believes to be under 18 years of age; for purposes of this | ||||||
22 | paragraph (7.8), "Internet" has the meaning ascribed to it | ||||||
23 | in Section 16J-5 of the Criminal Code of 1961 , as added by | ||||||
24 | Public Act 94-179 ; and a person is not related to the | ||||||
25 | accused if the person is not: (i) the spouse, brother, or | ||||||
26 | sister of the accused; (ii) a descendant of the accused; |
| |||||||
| |||||||
1 | (iii) a first or second cousin of the accused; or (iv) a | ||||||
2 | step-child or adopted child of the accused;
| ||||||
3 | (7.9)
(7.8) if convicted under Section 11-6, 11-20.1, | ||||||
4 | 11-20.3, or 11-21 of the Criminal Code of 1961, consent to | ||||||
5 | search of computers, PDAs, cellular phones, and other | ||||||
6 | devices under his or her control that are capable of | ||||||
7 | accessing the Internet or storing electronic files, in | ||||||
8 | order to confirm Internet protocol addresses reported in | ||||||
9 | accordance with the Sex Offender Registration Act and | ||||||
10 | compliance with conditions in this Act;
| ||||||
11 | (7.10)
(7.8) if convicted for an offense that would | ||||||
12 | qualify the accused as a sex offender or sexual predator | ||||||
13 | under the Sex Offender Registration Act on or after the | ||||||
14 | effective date of this amendatory Act of the 95th General | ||||||
15 | Assembly, not possess prescription drugs for erectile | ||||||
16 | dysfunction;
| ||||||
17 | (7.11) if convicted for an offense that would qualify | ||||||
18 | the subject as a sex offender or sexual predator under the | ||||||
19 | Sex Offender Registration Act committed on or after the | ||||||
20 | effective date of this amendatory Act of the 95th General | ||||||
21 | Assembly, where the trier of fact at the subject's trial | ||||||
22 | made a finding that a computer or any other device with | ||||||
23 | Internet capability was used to facilitate the commission | ||||||
24 | of the offense: | ||||||
25 | (i) not access or use a computer or any other | ||||||
26 | device with Internet capability without the prior |
| |||||||
| |||||||
1 | written approval of the Board; except the subject may | ||||||
2 | use a computer or any other device with Internet | ||||||
3 | capability in connection with that subject's | ||||||
4 | employment or search for employment with the prior | ||||||
5 | approval of the person's supervising officer; | ||||||
6 | (ii) submit to periodic unannounced examinations | ||||||
7 | of the person's computer or any other device with | ||||||
8 | Internet capability by the subject's supervising | ||||||
9 | officer, a law enforcement officer, or assigned | ||||||
10 | computer or information technology specialist, | ||||||
11 | including the retrieval and copying of all data from | ||||||
12 | the computer or device and any internal or external | ||||||
13 | peripherals and removal of such information, | ||||||
14 | equipment, or device to conduct a more thorough | ||||||
15 | inspection; | ||||||
16 | (iii) submit to the installation on the subject's | ||||||
17 | computer or device with Internet capability, at the | ||||||
18 | subject's expense, of one or more hardware or software | ||||||
19 | systems to monitor the Internet use; and | ||||||
20 | (iv) submit to any other appropriate restrictions | ||||||
21 | concerning the subject's use of or access to a computer | ||||||
22 | or any other device with Internet capability imposed by | ||||||
23 | the Board. | ||||||
24 | For purposes of this paragraph (7.11): | ||||||
25 | "Computer" has the meaning ascribed to it in | ||||||
26 | Section 16J-5 of the Criminal Code of 1961. |
| |||||||
| |||||||
1 | "Internet" means the global information system | ||||||
2 | that is
logically linked together by a globally unique | ||||||
3 | address space based on
the Internet Protocol (IP), or | ||||||
4 | its subsequent extensions, and that
is able to support | ||||||
5 | communications using the Transmission Control
| ||||||
6 | Protocol/Internet Protocol (TCP/IP) suite, or its | ||||||
7 | subsequent
extensions, or other IP-compatible | ||||||
8 | protocols, and that provides,
uses, or makes | ||||||
9 | accessible, either publicly or privately, high level
| ||||||
10 | services layered on the communications and related | ||||||
11 | infrastructure; | ||||||
12 | (8) obtain permission of an agent of the Department of | ||||||
13 | Corrections before
leaving the
State of Illinois;
| ||||||
14 | (9) obtain permission of an agent of the Department of | ||||||
15 | Corrections before
changing
his or her residence or | ||||||
16 | employment;
| ||||||
17 | (10) consent to a search of his or her person, | ||||||
18 | property, or residence
under his or her
control;
| ||||||
19 | (11) refrain from the use or possession of narcotics or | ||||||
20 | other controlled
substances in
any form, or both, or any | ||||||
21 | paraphernalia related to those substances and submit
to a
| ||||||
22 | urinalysis test as instructed by a parole agent of the | ||||||
23 | Department of
Corrections;
| ||||||
24 | (12) not frequent places where controlled substances | ||||||
25 | are illegally sold,
used,
distributed, or administered;
| ||||||
26 | (13) not knowingly associate with other persons on |
| |||||||
| |||||||
1 | parole or mandatory
supervised
release without prior | ||||||
2 | written permission of his or her parole agent and not
| ||||||
3 | associate with
persons who are members of an organized gang | ||||||
4 | as that term is defined in the
Illinois
Streetgang | ||||||
5 | Terrorism Omnibus Prevention Act;
| ||||||
6 | (14) provide true and accurate information, as it | ||||||
7 | relates to his or her
adjustment in the
community while on | ||||||
8 | parole or mandatory supervised release or to his or her
| ||||||
9 | conduct
while incarcerated, in response to inquiries by his | ||||||
10 | or her parole agent or of
the
Department of Corrections;
| ||||||
11 | (15) follow any specific instructions provided by the | ||||||
12 | parole agent that
are consistent
with furthering | ||||||
13 | conditions set and approved by the Prisoner Review Board or | ||||||
14 | by
law,
exclusive of placement on electronic detention, to | ||||||
15 | achieve the goals and
objectives of his
or her parole or | ||||||
16 | mandatory supervised release or to protect the public. | ||||||
17 | These
instructions by the parole agent may be modified at | ||||||
18 | any time, as the agent
deems
appropriate; and
| ||||||
19 | (16) 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 Board may in addition to other conditions
require | ||||||
4 | that the subject:
| ||||||
5 | (1) work or pursue a course of study or vocational | ||||||
6 | training;
| ||||||
7 | (2) undergo medical or psychiatric treatment, or | ||||||
8 | treatment
for drug addiction or alcoholism;
| ||||||
9 | (3) attend or reside in a facility established for the
| ||||||
10 | instruction or residence of persons on probation or parole;
| ||||||
11 | (4) support his dependents;
| ||||||
12 | (5) (blank);
| ||||||
13 | (6) (blank);
| ||||||
14 | (7) comply with the terms and conditions of an order of | ||||||
15 | protection
issued pursuant to the Illinois Domestic | ||||||
16 | Violence Act of 1986, enacted by the
84th General Assembly, | ||||||
17 | or an order of protection issued by the court of another
| ||||||
18 | state, tribe, or United States territory;
| ||||||
19 | (7.5) if convicted for an offense committed on or after | ||||||
20 | the effective date of this amendatory Act of the 95th | ||||||
21 | General Assembly that would qualify the accused as a child | ||||||
22 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
23 | Criminal Code of 1961, refrain from communicating with or | ||||||
24 | contacting, by means of the Internet, a person who is | ||||||
25 | related to the accused and whom the accused reasonably | ||||||
26 | believes to be under 18 years of age; for purposes of this |
| |||||||
| |||||||
1 | paragraph (7.5), "Internet" has the meaning ascribed to it | ||||||
2 | in Section 16J-5 of the Criminal Code of 1961 , as added by | ||||||
3 | Public Act 94-179 ; and a person is related to the accused | ||||||
4 | if the person is: (i) the spouse, brother, or sister of the | ||||||
5 | accused; (ii) a descendant of the accused; (iii) a first or | ||||||
6 | second cousin of the accused; or (iv) a step-child or | ||||||
7 | adopted child of the accused; and
| ||||||
8 | (8) in addition, if a minor:
| ||||||
9 | (i) reside with his parents or in a foster home;
| ||||||
10 | (ii) attend school;
| ||||||
11 | (iii) attend a non-residential program for youth; | ||||||
12 | or
| ||||||
13 | (iv) contribute to his own support at home or in a | ||||||
14 | foster
home.
| ||||||
15 | (b-1) In addition to the conditions set forth in | ||||||
16 | subsections (a) and (b), persons required to register as sex | ||||||
17 | offenders pursuant to the Sex Offender Registration Act, upon | ||||||
18 | release from the custody of the Illinois Department of | ||||||
19 | Corrections, may be required by the Board to comply with the | ||||||
20 | following specific conditions of release: | ||||||
21 | (1) reside only at a Department approved location; | ||||||
22 | (2) comply with all requirements of the Sex Offender | ||||||
23 | Registration Act;
| ||||||
24 | (3) notify
third parties of the risks that may be | ||||||
25 | occasioned by his or her criminal record; | ||||||
26 | (4) obtain the approval of an agent of the Department |
| |||||||
| |||||||
1 | of Corrections prior to accepting employment or pursuing a | ||||||
2 | course of study or vocational training and notify the | ||||||
3 | Department prior to any change in employment, study, or | ||||||
4 | training; | ||||||
5 | (5) not be employed or participate in any
volunteer | ||||||
6 | activity that involves contact with children, except under | ||||||
7 | circumstances approved in advance and in writing by an | ||||||
8 | agent of the Department of Corrections; | ||||||
9 | (6) be electronically monitored for a minimum of 12 | ||||||
10 | months from the date of release as determined by the Board;
| ||||||
11 | (7) refrain from entering into a designated
geographic | ||||||
12 | area except upon terms approved in advance by an agent of | ||||||
13 | the Department of Corrections. The terms may include | ||||||
14 | consideration of the purpose of the entry, the time of day, | ||||||
15 | and others accompanying the person; | ||||||
16 | (8) refrain from having any contact, including
written | ||||||
17 | or oral communications, directly or indirectly, personally | ||||||
18 | or by telephone, letter, or through a third party with | ||||||
19 | certain specified persons including, but not limited to, | ||||||
20 | the victim or the victim's family without the prior written | ||||||
21 | approval of an agent of the Department of Corrections; | ||||||
22 | (9) refrain from all contact, directly or
indirectly, | ||||||
23 | personally, by telephone, letter, or through a third party, | ||||||
24 | with minor children without prior identification and | ||||||
25 | approval of an agent of the Department of Corrections; | ||||||
26 | (10) neither possess or have under his or her
control |
| |||||||
| |||||||
1 | any material that is sexually oriented, sexually | ||||||
2 | stimulating, or that shows male or female sex organs or any | ||||||
3 | pictures depicting children under 18 years of age nude or | ||||||
4 | any written or audio material describing sexual | ||||||
5 | intercourse or that depicts or alludes to sexual activity, | ||||||
6 | including but not limited to visual, auditory, telephonic, | ||||||
7 | or electronic media, or any matter obtained through access | ||||||
8 | to any computer or material linked to computer access use; | ||||||
9 | (11) not patronize any business providing
sexually | ||||||
10 | stimulating or sexually oriented entertainment nor utilize | ||||||
11 | "900" or adult telephone numbers; | ||||||
12 | (12) not reside near, visit, or be in or about
parks, | ||||||
13 | schools, day care centers, swimming pools, beaches, | ||||||
14 | theaters, or any other places where minor children | ||||||
15 | congregate without advance approval of an agent of the | ||||||
16 | Department of Corrections and immediately report any | ||||||
17 | incidental contact with minor children to the Department; | ||||||
18 | (13) not possess or have under his or her control
| ||||||
19 | certain specified items of contraband related to the | ||||||
20 | incidence of sexually offending as determined by an agent | ||||||
21 | of the Department of Corrections; | ||||||
22 | (14) may be required to provide a written daily log of | ||||||
23 | activities
if directed by an agent of the Department of | ||||||
24 | Corrections; | ||||||
25 | (15) comply with all other special conditions
that the | ||||||
26 | Department may impose that restrict the person from |
| |||||||
| |||||||
1 | high-risk situations and limit access to potential | ||||||
2 | victims; | ||||||
3 | (16) take an annual polygraph exam; | ||||||
4 | (17) maintain a log of his or her travel; or | ||||||
5 | (18) obtain prior approval of his or her parole officer | ||||||
6 | before driving alone in a motor vehicle.
| ||||||
7 | (c) The conditions under which the parole or mandatory
| ||||||
8 | supervised release is to be served shall be communicated to
the | ||||||
9 | person in writing prior to his release, and he shall
sign the | ||||||
10 | same before release. A signed copy of these conditions,
| ||||||
11 | including a copy of an order of protection where one had been | ||||||
12 | issued by the
criminal court, shall be retained by the person | ||||||
13 | and another copy forwarded to
the officer in charge of his | ||||||
14 | supervision.
| ||||||
15 | (d) After a hearing under Section 3-3-9, the Prisoner
| ||||||
16 | Review Board may modify or enlarge the conditions of parole
or | ||||||
17 | mandatory supervised release.
| ||||||
18 | (e) The Department shall inform all offenders committed to
| ||||||
19 | the Department of the optional services available to them
upon | ||||||
20 | release and shall assist inmates in availing themselves
of such | ||||||
21 | optional services upon their release on a voluntary
basis. | ||||||
22 | (f) When the subject is in compliance with all conditions | ||||||
23 | of his or her parole or mandatory supervised release, the | ||||||
24 | subject shall receive a reduction of the period of his or her | ||||||
25 | parole or mandatory supervised release of 90 days upon passage | ||||||
26 | of the high school level Test of General Educational |
| |||||||
| |||||||
1 | Development during the period of his or her parole or mandatory | ||||||
2 | supervised release. This reduction in the period of a subject's | ||||||
3 | term of parole or mandatory supervised release shall be | ||||||
4 | available only to subjects who have not previously earned a | ||||||
5 | high school diploma or who have not previously passed the high | ||||||
6 | school level Test of General Educational Development.
| ||||||
7 | (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | ||||||
8 | 94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; | ||||||
9 | 95-579, eff. 6-1-08; 95-640, eff. 6-1-08; revised 12-26-07.) | ||||||
10 | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
| ||||||
11 | (Text of Section after amendment by P.A. 95-464, 95-578, | ||||||
12 | and 95-696 ) | ||||||
13 | Sec. 5-6-3. Conditions of Probation and of Conditional | ||||||
14 | Discharge.
| ||||||
15 | (a) The conditions of probation and of conditional | ||||||
16 | discharge shall be
that the person:
| ||||||
17 | (1) not violate any criminal statute of any | ||||||
18 | jurisdiction;
| ||||||
19 | (2) report to or appear in person before such person or | ||||||
20 | agency as
directed by the court;
| ||||||
21 | (3) refrain from possessing a firearm or other | ||||||
22 | dangerous weapon;
| ||||||
23 | (4) not leave the State without the consent of the | ||||||
24 | court or, in
circumstances in which the reason for the | ||||||
25 | absence is of such an emergency
nature that prior consent |
| |||||||
| |||||||
1 | by the court is not possible, without the prior
| ||||||
2 | notification and approval of the person's probation
| ||||||
3 | officer. Transfer of a person's probation or conditional | ||||||
4 | discharge
supervision to another state is subject to | ||||||
5 | acceptance by the other state
pursuant to the Interstate | ||||||
6 | Compact for Adult Offender Supervision;
| ||||||
7 | (5) permit the probation officer to visit
him at his | ||||||
8 | home or elsewhere
to the extent necessary to discharge his | ||||||
9 | duties;
| ||||||
10 | (6) perform no less than 30 hours of community service | ||||||
11 | and not more than
120 hours of community service, if | ||||||
12 | community service is available in the
jurisdiction and is | ||||||
13 | funded and approved by the county board where the offense
| ||||||
14 | was committed, where the offense was related to or in | ||||||
15 | furtherance of the
criminal activities of an organized gang | ||||||
16 | and was motivated by the offender's
membership in or | ||||||
17 | allegiance to an organized gang. The community service | ||||||
18 | shall
include, but not be limited to, the cleanup and | ||||||
19 | repair of any damage caused by
a violation of Section | ||||||
20 | 21-1.3 of the Criminal Code of 1961 and similar damage
to | ||||||
21 | property located within the municipality or county in which | ||||||
22 | the violation
occurred. When possible and reasonable, the | ||||||
23 | community service should be
performed in the offender's | ||||||
24 | neighborhood. For purposes of this Section,
"organized | ||||||
25 | gang" has the meaning ascribed to it in Section 10 of the | ||||||
26 | Illinois
Streetgang Terrorism Omnibus Prevention Act;
|
| |||||||
| |||||||
1 | (7) if he or she is at least 17 years of age and has | ||||||
2 | been sentenced to
probation or conditional discharge for a | ||||||
3 | misdemeanor or felony in a county of
3,000,000 or more | ||||||
4 | inhabitants and has not been previously convicted of a
| ||||||
5 | misdemeanor or felony, may be required by the sentencing | ||||||
6 | court to attend
educational courses designed to prepare the | ||||||
7 | defendant for a high school diploma
and to work toward a | ||||||
8 | high school diploma or to work toward passing the high
| ||||||
9 | school level Test of General Educational Development (GED) | ||||||
10 | or to work toward
completing a vocational training program | ||||||
11 | approved by the court. The person on
probation or | ||||||
12 | conditional discharge must attend a public institution of
| ||||||
13 | education to obtain the educational or vocational training | ||||||
14 | required by this
clause (7). The court shall revoke the | ||||||
15 | probation or conditional discharge of a
person who wilfully | ||||||
16 | fails to comply with this clause (7). The person on
| ||||||
17 | probation or conditional discharge shall be required to pay | ||||||
18 | for the cost of the
educational courses or GED test, if a | ||||||
19 | fee is charged for those courses or
test. The court shall | ||||||
20 | resentence the offender whose probation or conditional
| ||||||
21 | discharge has been revoked as provided in Section 5-6-4. | ||||||
22 | This clause (7) does
not apply to a person who has a high | ||||||
23 | school diploma or has successfully passed
the GED test. | ||||||
24 | This clause (7) does not apply to a person who is | ||||||
25 | determined by
the court to be developmentally disabled or | ||||||
26 | otherwise mentally incapable of
completing the educational |
| |||||||
| |||||||
1 | or vocational program;
| ||||||
2 | (8) if convicted of possession of a substance | ||||||
3 | prohibited
by the Cannabis Control Act, the Illinois | ||||||
4 | Controlled Substances Act, or the Methamphetamine Control | ||||||
5 | and Community Protection Act
after a previous conviction or | ||||||
6 | disposition of supervision for possession of a
substance | ||||||
7 | prohibited by the Cannabis Control Act or Illinois | ||||||
8 | Controlled
Substances Act or after a sentence of probation | ||||||
9 | under Section 10 of the
Cannabis
Control Act, Section 410 | ||||||
10 | of the Illinois Controlled Substances Act, or Section 70 of | ||||||
11 | the Methamphetamine Control and Community Protection Act | ||||||
12 | and upon a
finding by the court that the person is | ||||||
13 | addicted, undergo treatment at a
substance abuse program | ||||||
14 | approved by the court;
| ||||||
15 | (8.5) if convicted of a felony sex offense as defined | ||||||
16 | in the Sex
Offender
Management Board Act, the person shall | ||||||
17 | undergo and successfully complete sex
offender treatment | ||||||
18 | by a treatment provider approved by the Board and conducted
| ||||||
19 | in conformance with the standards developed under the Sex
| ||||||
20 | Offender Management Board Act;
| ||||||
21 | (8.6) 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; | ||||||
6 | (8.7) if convicted for an offense committed on or after | ||||||
7 | the effective date of this amendatory Act of the 95th | ||||||
8 | General Assembly that would qualify the accused as a child | ||||||
9 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
10 | Criminal Code of 1961, refrain from communicating with or | ||||||
11 | contacting, by means of the Internet, a person who is not | ||||||
12 | related to the accused and whom the accused reasonably | ||||||
13 | believes to be under 18 years of age; for purposes of this | ||||||
14 | paragraph (8.7), "Internet" has the meaning ascribed to it | ||||||
15 | in Section 16J-5 of the Criminal Code of 1961 , as added by | ||||||
16 | Public Act 94-179 ; and a person is not related to the | ||||||
17 | accused if the person is not: (i) the spouse, brother, or | ||||||
18 | sister of the accused; (ii) a descendant of the accused; | ||||||
19 | (iii) a first or second cousin of the accused; or (iv) a | ||||||
20 | step-child or adopted child of the accused; | ||||||
21 | (8.8) if convicted for an offense that would qualify | ||||||
22 | the person as a sex offender or sexual predator under the | ||||||
23 | Sex Offender Registration Act committed on or after the | ||||||
24 | effective date of this amendatory Act of the 95th General | ||||||
25 | Assembly, where the trier of fact at the person's trial | ||||||
26 | made a finding that a computer or any other device with |
| |||||||
| |||||||
1 | Internet capability was used to facilitate the commission | ||||||
2 | of the offense: | ||||||
3 | (i) not access or use a computer or any other | ||||||
4 | device with Internet capability without the prior | ||||||
5 | written approval of the person's probation officer; | ||||||
6 | except the person may use a computer or any other | ||||||
7 | device with Internet capability in connection with | ||||||
8 | that person's employment or search for employment with | ||||||
9 | the prior approval of the person's probation officer; | ||||||
10 | (ii) submit to periodic unannounced examinations | ||||||
11 | of the person's computer or any other device with | ||||||
12 | Internet capability by the person's probation officer, | ||||||
13 | a law enforcement officer, or assigned computer or | ||||||
14 | information technology specialist, including the | ||||||
15 | retrieval and copying of all data from the computer or | ||||||
16 | device and any internal or external peripherals and | ||||||
17 | removal of such information, equipment, or device to | ||||||
18 | conduct a more thorough inspection; | ||||||
19 | (iii) submit to the installation on the person's | ||||||
20 | computer or device with Internet capability, at the | ||||||
21 | person's expense, of one or more hardware or software | ||||||
22 | systems to monitor the Internet use; and | ||||||
23 | (iv) submit to any other appropriate restrictions | ||||||
24 | concerning the person's use of or access to a computer | ||||||
25 | or any other device with Internet capability imposed by | ||||||
26 | the person's probation officer. |
| |||||||
| |||||||
1 | For purposes of this paragraph (8.8): | ||||||
2 | "Computer" has the meaning ascribed to it in | ||||||
3 | Section 16J-5 of the Criminal Code of 1961. | ||||||
4 | "Internet" means the global information system | ||||||
5 | that is
logically linked together by a globally unique | ||||||
6 | address space based on
the Internet Protocol (IP), or | ||||||
7 | its subsequent extensions, and that
is able to support | ||||||
8 | communications using the Transmission Control
| ||||||
9 | Protocol/Internet Protocol (TCP/IP) suite, or its | ||||||
10 | subsequent
extensions, or other IP-compatible | ||||||
11 | protocols, and that provides,
uses, or makes | ||||||
12 | accessible, either publicly or privately, high level
| ||||||
13 | services layered on the communications and related | ||||||
14 | infrastructure; | ||||||
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 | (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | ||||||
6 | 94-556, eff. 9-11-05; 95-331, eff. 8-21-07; 95-464, eff. | ||||||
7 | 6-1-08; 95-578, eff. 6-1-08; 95-696, eff. 6-1-08; revised | ||||||
8 | 12-26-07.)
| ||||||
9 | (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
| ||||||
10 | (Text of Section after amendment by P.A. 95-464 and 95-696 ) | ||||||
11 | Sec. 5-6-3.1. Incidents and Conditions of Supervision.
| ||||||
12 | (a) When a defendant is placed on supervision, the court | ||||||
13 | shall enter
an order for supervision specifying the period of | ||||||
14 | such supervision, and
shall defer further proceedings in the | ||||||
15 | case until the conclusion of the
period.
| ||||||
16 | (b) The period of supervision shall be reasonable under all | ||||||
17 | of the
circumstances of the case, but may not be longer than 2 | ||||||
18 | years, unless the
defendant has failed to pay the assessment | ||||||
19 | required by Section 10.3 of the
Cannabis Control Act,
Section | ||||||
20 | 411.2 of the Illinois Controlled
Substances Act, or Section 80 | ||||||
21 | of the Methamphetamine Control and Community Protection Act, in | ||||||
22 | which case the court may extend supervision beyond 2 years.
| ||||||
23 | Additionally, the court shall order the defendant to perform no | ||||||
24 | less than 30
hours of community service and not more than 120 | ||||||
25 | hours of community service, if
community service is available |
| |||||||
| |||||||
1 | in the
jurisdiction and is funded and approved by the county | ||||||
2 | board where the offense
was committed,
when the offense (1) was
| ||||||
3 | related to or in furtherance of the criminal activities of an | ||||||
4 | organized gang or
was motivated by the defendant's membership | ||||||
5 | in or allegiance to an organized
gang; or (2) is a violation of | ||||||
6 | any Section of Article 24 of the Criminal
Code of 1961 where a | ||||||
7 | disposition of supervision is not prohibited by Section
5-6-1 | ||||||
8 | of this Code.
The
community service shall include, but not be | ||||||
9 | limited to, the cleanup and repair
of any damage caused by | ||||||
10 | violation of Section 21-1.3 of the Criminal Code of
1961 and | ||||||
11 | similar damages to property located within the municipality or | ||||||
12 | county
in which the violation occurred. Where possible and | ||||||
13 | reasonable, the community
service should be performed in the | ||||||
14 | offender's neighborhood.
| ||||||
15 | For the purposes of this
Section, "organized gang" has the | ||||||
16 | meaning ascribed to it in Section 10 of the
Illinois Streetgang | ||||||
17 | Terrorism Omnibus Prevention Act.
| ||||||
18 | (c) The court may in addition to other reasonable | ||||||
19 | conditions
relating to the nature of the offense or the | ||||||
20 | rehabilitation of the
defendant as determined for each | ||||||
21 | defendant in the proper discretion of
the court require that | ||||||
22 | the person:
| ||||||
23 | (1) make a report to and appear in person before or | ||||||
24 | participate with
the court or such courts, person, or | ||||||
25 | social service agency as directed
by the court in the order | ||||||
26 | of supervision;
|
| |||||||
| |||||||
1 | (2) pay a fine and costs;
| ||||||
2 | (3) work or pursue a course of study or vocational | ||||||
3 | training;
| ||||||
4 | (4) undergo medical, psychological or psychiatric | ||||||
5 | treatment; or
treatment for drug addiction or alcoholism;
| ||||||
6 | (5) attend or reside in a facility established for the | ||||||
7 | instruction
or residence of defendants on probation;
| ||||||
8 | (6) support his dependents;
| ||||||
9 | (7) refrain from possessing a firearm or other | ||||||
10 | dangerous weapon;
| ||||||
11 | (8) and in addition, if a minor:
| ||||||
12 | (i) reside with his parents or in a foster home;
| ||||||
13 | (ii) attend school;
| ||||||
14 | (iii) attend a non-residential program for youth;
| ||||||
15 | (iv) contribute to his own support at home or in a | ||||||
16 | foster home; or
| ||||||
17 | (v) with the consent of the superintendent of the
| ||||||
18 | facility, attend an educational program at a facility | ||||||
19 | other than the school
in which the
offense was | ||||||
20 | committed if he
or she is placed on supervision for a | ||||||
21 | crime of violence as
defined in
Section 2 of the Crime | ||||||
22 | Victims Compensation Act committed in a school, on the
| ||||||
23 | real
property
comprising a school, or within 1,000 feet | ||||||
24 | of the real property comprising a
school;
| ||||||
25 | (9) make restitution or reparation in an amount not to | ||||||
26 | exceed actual
loss or damage to property and pecuniary loss |
| |||||||
| |||||||
1 | or make restitution under Section
5-5-6 to a domestic | ||||||
2 | violence shelter. The court shall
determine the amount and | ||||||
3 | conditions of payment;
| ||||||
4 | (10) perform some reasonable public or community | ||||||
5 | service;
| ||||||
6 | (11) comply with the terms and conditions of an order | ||||||
7 | of protection
issued by the court pursuant to the Illinois | ||||||
8 | Domestic Violence Act of 1986 or
an order of protection | ||||||
9 | issued by the court of another state, tribe, or United
| ||||||
10 | States territory.
If the court has ordered the defendant to | ||||||
11 | make a report and appear in
person under paragraph (1) of | ||||||
12 | this subsection, a copy of the order of
protection shall be | ||||||
13 | transmitted to the person or agency so designated
by the | ||||||
14 | court;
| ||||||
15 | (12) reimburse any "local anti-crime program" as | ||||||
16 | defined in Section 7 of
the Anti-Crime Advisory Council Act | ||||||
17 | for any reasonable expenses incurred by the
program on the | ||||||
18 | offender's case, not to exceed the maximum amount of the
| ||||||
19 | fine authorized for the offense for which the defendant was | ||||||
20 | sentenced;
| ||||||
21 | (13) contribute a reasonable sum of money, not to
| ||||||
22 | exceed the maximum amount of the fine authorized for the | ||||||
23 | offense for which
the defendant was sentenced, (i) to a | ||||||
24 | "local anti-crime program", as defined
in Section 7 of the | ||||||
25 | Anti-Crime Advisory Council Act, or (ii) for offenses under | ||||||
26 | the jurisdiction of the Department of Natural Resources, to |
| |||||||
| |||||||
1 | the fund established by the Department of Natural Resources | ||||||
2 | for the purchase of evidence for investigation purposes and | ||||||
3 | to conduct investigations as outlined in Section 805-105 of | ||||||
4 | the Department of Natural Resources (Conservation) Law;
| ||||||
5 | (14) refrain from entering into a designated | ||||||
6 | geographic area except
upon such terms as the court finds | ||||||
7 | appropriate. Such terms may include
consideration of the | ||||||
8 | purpose of the entry, the time of day, other persons
| ||||||
9 | accompanying the defendant, and advance approval by a | ||||||
10 | probation officer;
| ||||||
11 | (15) refrain from having any contact, directly or | ||||||
12 | indirectly, with
certain specified persons or particular | ||||||
13 | types of person, including but not
limited to members of | ||||||
14 | street gangs and drug users or dealers;
| ||||||
15 | (16) refrain from having in his or her body the | ||||||
16 | presence of any illicit
drug prohibited by the Cannabis | ||||||
17 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
18 | Methamphetamine Control and Community Protection Act, | ||||||
19 | unless prescribed by a physician, and submit samples of
his | ||||||
20 | or her blood or urine or both for tests to determine the | ||||||
21 | presence of any
illicit drug;
| ||||||
22 | (17) refrain from operating any motor vehicle not | ||||||
23 | equipped with an
ignition interlock device as defined in | ||||||
24 | Section 1-129.1 of the Illinois
Vehicle Code ; under . Under | ||||||
25 | this condition the court may allow a defendant who is not
| ||||||
26 | self-employed to operate a vehicle owned by the defendant's |
| |||||||
| |||||||
1 | employer that is
not equipped with an ignition interlock | ||||||
2 | device in the course and scope of the
defendant's | ||||||
3 | employment; and
| ||||||
4 | (18) if placed on supervision for a sex offense as | ||||||
5 | defined in subsection (a-5) of Section 3-1-2 of this Code, | ||||||
6 | unless the offender is a parent or guardian of the person | ||||||
7 | under 18 years of age present in the home and no | ||||||
8 | non-familial minors are present, not participate in a | ||||||
9 | holiday event involving
children
under 18 years of age, | ||||||
10 | such as distributing candy or other items to children on
| ||||||
11 | Halloween,
wearing a Santa Claus costume on or preceding | ||||||
12 | Christmas, being employed as a
department store Santa | ||||||
13 | Claus, or wearing an Easter Bunny costume on or
preceding
| ||||||
14 | Easter. | ||||||
15 | (d) The court shall defer entering any judgment on the | ||||||
16 | charges
until the conclusion of the supervision.
| ||||||
17 | (e) At the conclusion of the period of supervision, if the | ||||||
18 | court
determines that the defendant has successfully complied | ||||||
19 | with all of the
conditions of supervision, the court shall | ||||||
20 | discharge the defendant and
enter a judgment dismissing the | ||||||
21 | charges.
| ||||||
22 | (f) Discharge and dismissal upon a successful conclusion of | ||||||
23 | a
disposition of supervision shall be deemed without | ||||||
24 | adjudication of guilt
and shall not be termed a conviction for | ||||||
25 | purposes of disqualification or
disabilities imposed by law | ||||||
26 | upon conviction of a crime. Two years after the
discharge and |
| |||||||
| |||||||
1 | dismissal under this Section, unless the disposition of
| ||||||
2 | supervision was for a violation of Sections 3-707, 3-708, | ||||||
3 | 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | ||||||
4 | similar
provision of a local ordinance, or for a violation of | ||||||
5 | Sections 12-3.2
or 16A-3 of the Criminal Code of 1961, in which | ||||||
6 | case it shall be 5
years after discharge and dismissal, a | ||||||
7 | person may have his record
of arrest sealed or expunged as may | ||||||
8 | be provided by law. However, any
defendant placed on | ||||||
9 | supervision before January 1, 1980, may move for
sealing or | ||||||
10 | expungement of his arrest record, as provided by law, at any
| ||||||
11 | time after discharge and dismissal under this Section.
A person | ||||||
12 | placed on supervision for a sexual offense committed against a | ||||||
13 | minor
as defined in subsection (g) of Section 5 of the Criminal | ||||||
14 | Identification Act
or for a violation of Section 11-501 of the | ||||||
15 | Illinois Vehicle Code or a
similar provision of a local | ||||||
16 | ordinance
shall not have his or her record of arrest sealed or | ||||||
17 | expunged.
| ||||||
18 | (g) A defendant placed on supervision and who during the | ||||||
19 | period of
supervision undergoes mandatory drug or alcohol | ||||||
20 | testing, or both, or is
assigned to be placed on an approved | ||||||
21 | electronic monitoring device, shall be
ordered to pay the costs | ||||||
22 | incidental to such mandatory drug or alcohol
testing, or both, | ||||||
23 | and costs incidental to such approved electronic
monitoring in | ||||||
24 | accordance with the defendant's ability to pay those costs.
The | ||||||
25 | county board with the concurrence of the Chief Judge of the | ||||||
26 | judicial
circuit in which the county is located shall establish |
| |||||||
| |||||||
1 | reasonable fees for
the cost of maintenance, testing, and | ||||||
2 | incidental expenses related to the
mandatory drug or alcohol | ||||||
3 | testing, or both, and all costs incidental to
approved | ||||||
4 | electronic monitoring, of all defendants placed on | ||||||
5 | supervision.
The concurrence of the Chief Judge shall be in the | ||||||
6 | form of an
administrative order.
The fees shall be collected by | ||||||
7 | the clerk of the circuit court. The clerk of
the circuit court | ||||||
8 | shall pay all moneys collected from these fees to the county
| ||||||
9 | treasurer who shall use the moneys collected to defray the | ||||||
10 | costs of
drug testing, alcohol testing, and electronic | ||||||
11 | monitoring.
The county treasurer shall deposit the fees | ||||||
12 | collected in the
county working cash fund under Section 6-27001 | ||||||
13 | or Section 6-29002 of the
Counties Code, as the case may be.
| ||||||
14 | (h) A disposition of supervision is a final order for the | ||||||
15 | purposes
of appeal.
| ||||||
16 | (i) The court shall impose upon a defendant placed on | ||||||
17 | supervision
after January 1, 1992 or to community service under | ||||||
18 | the supervision of a
probation or court services department | ||||||
19 | after January 1, 2004, as a condition
of supervision or | ||||||
20 | supervised community service, a fee of $50 for
each month of | ||||||
21 | supervision or supervised community service ordered by the
| ||||||
22 | court, unless after
determining the inability of the person | ||||||
23 | placed on supervision or supervised
community service to pay | ||||||
24 | the
fee, the court assesses a lesser fee. The court may not | ||||||
25 | impose the fee on a
minor who is made a ward of the State under | ||||||
26 | the Juvenile Court Act of 1987
while the minor is in placement.
|
| |||||||
| |||||||
1 | The fee shall be imposed only upon a
defendant who is actively | ||||||
2 | supervised by the
probation and court services
department. The | ||||||
3 | fee shall be collected by the clerk of the circuit court.
The | ||||||
4 | clerk of the circuit court shall pay all monies collected from | ||||||
5 | this fee
to the county treasurer for deposit in the probation | ||||||
6 | and court services
fund pursuant to Section 15.1 of the | ||||||
7 | Probation and
Probation Officers Act.
| ||||||
8 | A circuit court may not impose a probation fee in excess of | ||||||
9 | $25
per month unless: (1) the circuit court has adopted, by | ||||||
10 | administrative
order issued by the chief judge, a standard | ||||||
11 | probation fee guide
determining an offender's ability to pay, | ||||||
12 | under guidelines developed by
the Administrative
Office of the | ||||||
13 | Illinois Courts; and (2) the circuit court has authorized, by
| ||||||
14 | administrative order issued by the chief judge, the creation of | ||||||
15 | a Crime
Victim's Services Fund, to be administered by the Chief | ||||||
16 | Judge or his or
her designee, for services to crime victims and | ||||||
17 | their families. Of the
amount collected as a probation fee, not | ||||||
18 | to exceed $5 of that fee
collected per month may be used to | ||||||
19 | provide services to crime victims
and their families.
| ||||||
20 | (j) All fines and costs imposed under this Section for any
| ||||||
21 | violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
22 | Code, or a
similar provision of a local ordinance, and any | ||||||
23 | violation of the Child
Passenger Protection Act, or a similar | ||||||
24 | provision of a local ordinance, shall
be collected and | ||||||
25 | disbursed by the circuit clerk as provided under Section
27.5 | ||||||
26 | of the Clerks of Courts Act.
|
| |||||||
| |||||||
1 | (k) A defendant at least 17 years of age who is placed on | ||||||
2 | supervision
for a misdemeanor in a county of 3,000,000 or more | ||||||
3 | inhabitants
and who has not been previously convicted of a | ||||||
4 | misdemeanor or felony
may as a condition of his or her | ||||||
5 | supervision be required by the court to
attend educational | ||||||
6 | courses designed to prepare the defendant for a high school
| ||||||
7 | diploma and to work toward a high school diploma or to work | ||||||
8 | toward passing the
high school level Test of General | ||||||
9 | Educational Development (GED) or to work
toward completing a | ||||||
10 | vocational training program approved by the court. The
| ||||||
11 | defendant placed on supervision must attend a public | ||||||
12 | institution of education
to obtain the educational or | ||||||
13 | vocational training required by this subsection
(k). The | ||||||
14 | defendant placed on supervision shall be required to pay for | ||||||
15 | the cost
of the educational courses or GED test, if a fee is | ||||||
16 | charged for those courses
or test. The court shall revoke the | ||||||
17 | supervision of a person who wilfully fails
to comply with this | ||||||
18 | subsection (k). The court shall resentence the defendant
upon | ||||||
19 | revocation of supervision as provided in Section 5-6-4. This | ||||||
20 | subsection
(k) does not apply to a defendant who has a high | ||||||
21 | school diploma or has
successfully passed the GED test. This | ||||||
22 | subsection (k) does not apply to a
defendant who is determined | ||||||
23 | by the court to be developmentally disabled or
otherwise | ||||||
24 | mentally incapable of completing the
educational or vocational | ||||||
25 | program.
| ||||||
26 | (l) The court shall require a defendant placed on |
| |||||||
| |||||||
1 | supervision for
possession of a substance
prohibited by the | ||||||
2 | Cannabis Control Act, the Illinois Controlled Substances Act, | ||||||
3 | or the Methamphetamine Control and Community Protection Act
| ||||||
4 | after a previous conviction or disposition of supervision for | ||||||
5 | possession of a
substance prohibited by the Cannabis Control | ||||||
6 | Act, the Illinois Controlled
Substances Act, or the | ||||||
7 | Methamphetamine Control and Community Protection Act or a | ||||||
8 | sentence of probation under Section 10 of the Cannabis
Control | ||||||
9 | Act or Section 410 of the Illinois Controlled Substances Act
| ||||||
10 | and after a finding by the court that the person is addicted, | ||||||
11 | to undergo
treatment at a substance abuse program approved by | ||||||
12 | the court.
| ||||||
13 | (m) The Secretary of State shall require anyone placed on | ||||||
14 | court supervision
for a
violation of Section 3-707 of the | ||||||
15 | Illinois Vehicle Code or a similar provision
of a local | ||||||
16 | ordinance
to give proof of his or her financial
responsibility | ||||||
17 | as
defined in Section 7-315 of the Illinois Vehicle Code. The | ||||||
18 | proof shall be
maintained by the individual in a manner | ||||||
19 | satisfactory to the Secretary of State
for
a
minimum period of | ||||||
20 | 3 years after the date the proof is first filed.
The proof | ||||||
21 | shall be limited to a single action per arrest and may not be
| ||||||
22 | affected by any post-sentence disposition. The Secretary of | ||||||
23 | State shall
suspend the driver's license of any person
| ||||||
24 | determined by the Secretary to be in violation of this | ||||||
25 | subsection. | ||||||
26 | (n) Any offender placed on supervision for any offense that |
| |||||||
| |||||||
1 | the court or probation department has determined to be sexually | ||||||
2 | motivated as defined in the Sex Offender Management Board Act | ||||||
3 | shall be required to refrain from any contact, directly or | ||||||
4 | indirectly, with any persons specified by the court and shall | ||||||
5 | be available for all evaluations and treatment programs | ||||||
6 | required by the court or the probation department.
| ||||||
7 | (o) An offender placed on supervision for a sex offense as | ||||||
8 | defined in the Sex Offender
Management Board Act shall refrain | ||||||
9 | from residing at the same address or in the same condominium | ||||||
10 | unit or apartment unit or in the same condominium complex or | ||||||
11 | apartment complex with another person he or she knows or | ||||||
12 | reasonably should know is a convicted sex offender or has been | ||||||
13 | placed on supervision for a sex offense. The provisions of this | ||||||
14 | subsection (o) do not apply to a person convicted of a sex | ||||||
15 | offense who is placed in a Department of Corrections licensed | ||||||
16 | transitional housing facility for sex offenders. | ||||||
17 | (p) An offender placed on supervision for an offense | ||||||
18 | committed on or after June 1, 2008
( the effective date of | ||||||
19 | Public Act 95-464)
this amendatory Act of the 95th General | ||||||
20 | Assembly that would qualify the accused as a child sex offender | ||||||
21 | as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
22 | 1961 shall refrain from communicating with or contacting, by | ||||||
23 | means of the Internet, a person who is not related to the | ||||||
24 | accused and whom the accused reasonably believes to be under 18 | ||||||
25 | years of age. For purposes of this subsection (p), "Internet" | ||||||
26 | has the meaning ascribed to it in Section 16J-5 of the Criminal |
| |||||||
| |||||||
1 | Code of 1961 , as added by Public Act 94-179 ; and a person is | ||||||
2 | not related to the accused if the person is not: (i) the | ||||||
3 | spouse, brother, or sister of the accused; (ii) a descendant of | ||||||
4 | the accused; (iii) a first or second cousin of the accused; or | ||||||
5 | (iv) a step-child or adopted child of the accused.
| ||||||
6 | (q) An offender placed on supervision for an offense | ||||||
7 | committed on or after June 1, 2008
( the effective date of | ||||||
8 | Public Act 95-464)
this amendatory Act of the 95th General | ||||||
9 | Assembly that would qualify the accused as a child sex offender | ||||||
10 | as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
11 | 1961 shall, if so ordered by the court, refrain from | ||||||
12 | communicating with or contacting, by means of the Internet, a | ||||||
13 | person who is related to the accused and whom the accused | ||||||
14 | reasonably believes to be under 18 years of age. For purposes | ||||||
15 | of this subsection (q), "Internet" has the meaning ascribed to | ||||||
16 | it in Section 16J-5 of the Criminal Code of 1961 , as added by | ||||||
17 | Public Act 94-179 ; and a person is related to the accused if | ||||||
18 | the person is: (i) the spouse, brother, or sister of the | ||||||
19 | accused; (ii) a descendant of the accused; (iii) a first or | ||||||
20 | second cousin of the accused; or (iv) a step-child or adopted | ||||||
21 | child of the accused.
| ||||||
22 | (r) An offender placed on supervision for an offense that | ||||||
23 | would qualify the offender as a sex offender under the Sex | ||||||
24 | Offender Registration Act committed on or after the effective | ||||||
25 | date of this amendatory Act of the 95th General Assembly, where | ||||||
26 | the trier of fact at the offender's trial made a finding that a |
| |||||||
| |||||||
1 | computer or any other device with Internet capability was used | ||||||
2 | to facilitate the commission of the offense shall: | ||||||
3 | (i) not access or use a computer or any other | ||||||
4 | device with Internet capability without the prior | ||||||
5 | written approval of the court; except the offender may | ||||||
6 | use a computer or any other device with Internet | ||||||
7 | capability in connection with that offender's | ||||||
8 | employment or search for employment with the prior | ||||||
9 | approval of the court; | ||||||
10 | (ii) submit to periodic unannounced examinations | ||||||
11 | of the offender's computer or any other device with | ||||||
12 | Internet capability by the offender's probation | ||||||
13 | officer, a law enforcement officer, or assigned | ||||||
14 | computer or information technology specialist, | ||||||
15 | including the retrieval and copying of all data from | ||||||
16 | the computer or device and any internal or external | ||||||
17 | peripherals and removal of such information, | ||||||
18 | equipment, or device to conduct a more thorough | ||||||
19 | inspection; | ||||||
20 | (iii) submit to the installation on the offender's | ||||||
21 | computer or device with Internet capability, at the | ||||||
22 | offender's expense, of one or more hardware or software | ||||||
23 | systems to monitor the Internet use; and | ||||||
24 | (iv) submit to any other appropriate restrictions | ||||||
25 | concerning the offender's use of or access to a | ||||||
26 | computer or any other device with Internet capability |
| |||||||
| |||||||
1 | imposed by the court. | ||||||
2 | For purposes of this subsection (r): | ||||||
3 | "Computer" has the meaning ascribed to it in Section | ||||||
4 | 16J-5 of the Criminal Code of 1961. | ||||||
5 | "Internet" means the global information system that is
| ||||||
6 | logically linked together by a globally unique address | ||||||
7 | space based on
the Internet Protocol (IP), or its | ||||||
8 | subsequent extensions, and that
is able to support | ||||||
9 | communications using the Transmission Control
| ||||||
10 | Protocol/Internet Protocol (TCP/IP) suite, or its | ||||||
11 | subsequent
extensions, or other IP-compatible protocols, | ||||||
12 | and that provides,
uses, or makes accessible, either | ||||||
13 | publicly or privately, high level
services layered on the | ||||||
14 | communications and related infrastructure. | ||||||
15 | (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | ||||||
16 | 94-556, eff. 9-11-05; 95-211, eff. 1-1-08; 95-331, eff. | ||||||
17 | 8-21-07; 95-464, eff. 6-1-08; 95-696, eff. 6-1-08; revised | ||||||
18 | 11-19-07.)
|