100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3344

 

Introduced , by Rep. Elgie R. Sims, Jr.

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 550/10  from Ch. 56 1/2, par. 710
720 ILCS 570/410  from Ch. 56 1/2, par. 1410
720 ILCS 646/70
725 ILCS 5/110-14  from Ch. 38, par. 110-14
730 ILCS 5/5-3-2  from Ch. 38, par. 1005-3-2
730 ILCS 5/5-6-3.1  from Ch. 38, par. 1005-6-3.1

    Amends the Cannabis Control Act, the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act. Provides that at the time a defendant is placed on probation, the court shall set a date at the conclusion of the period to determine whether the defendant has complied with the terms and conditions of probation. Amends the Code of Criminal Procedure of 1963. Provides that a person incarcerated on a bailable offense who does not supply bail and against whom a fine is levied on conviction of the offense shall be allowed a credit of $20 (rather than $5) for each day the person is incarcerated toward any fine imposed. Amends the Unified Code of Corrections. Provides that in felony cases, the presentence report shall set forth the financial impact of incarceration based on the financial impact statement filed with the clerk of the court by the Department of Corrections. Provides that at the time a defendant is placed on supervision, the court shall set a date at the conclusion of the period to determine whether the defendant has complied with the terms and conditions of supervision.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3344LRB100 00022 RLC 10023 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Cannabis Control Act is amended by changing
5Section 10 as follows:
 
6    (720 ILCS 550/10)  (from Ch. 56 1/2, par. 710)
7    Sec. 10. (a) Whenever any person who has not previously
8been convicted of, or placed on probation or court supervision
9for, any offense under this Act or any law of the United States
10or of any State relating to cannabis, or controlled substances
11as defined in the Illinois Controlled Substances Act, pleads
12guilty to or is found guilty of violating Sections 4(a), 4(b),
134(c), 5(a), 5(b), 5(c) or 8 of this Act, the court may, without
14entering a judgment and with the consent of such person,
15sentence him to probation.
16    (b) When a person is placed on probation, the court shall
17enter an order specifying a period of probation of 24 months,
18and shall defer further proceedings in the case until the
19conclusion of the period or until the filing of a petition
20alleging violation of a term or condition of probation. At the
21time the person is placed on probation, the court shall set a
22date at the conclusion of the period to determine whether the
23person has complied with the terms and conditions of probation.

 

 

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1    (c) The conditions of probation shall be that the person:
2(1) not violate any criminal statute of any jurisdiction; (2)
3refrain from possession of a firearm or other dangerous weapon;
4(3) submit to periodic drug testing at a time and in a manner
5as ordered by the court, but no less than 3 times during the
6period of the probation, with the cost of the testing to be
7paid by the probationer; and (4) perform no less than 30 hours
8of community service, provided community service is available
9in the jurisdiction and is funded and approved by the county
10board.
11    (d) The court may, in addition to other conditions, require
12that the person:
13        (1) make a report to and appear in person before or
14    participate with the court or such courts, person, or
15    social service agency as directed by the court in the order
16    of probation;
17        (2) pay a fine and costs;
18        (3) work or pursue a course of study or vocational
19    training;
20        (4) undergo medical or psychiatric treatment; or
21    treatment for drug addiction or alcoholism;
22        (5) attend or reside in a facility established for the
23    instruction or residence of defendants on probation;
24        (6) support his dependents;
25        (7) refrain from possessing a firearm or other
26    dangerous weapon;

 

 

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1        (7-5) refrain from having in his or her body the
2    presence of any illicit drug prohibited by the Cannabis
3    Control Act, the Illinois Controlled Substances Act, or the
4    Methamphetamine Control and Community Protection Act,
5    unless prescribed by a physician, and submit samples of his
6    or her blood or urine or both for tests to determine the
7    presence of any illicit drug;
8        (8) and 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            (iv) contribute to his own support at home or in a
13        foster home.
14    (e) Upon violation of a term or condition of probation, the
15court may enter a judgment on its original finding of guilt and
16proceed as otherwise provided.
17    (f) At the conclusion of the period of probation, if the
18court determines that the person has complied with Upon
19fulfillment of the terms and conditions of probation, the court
20shall discharge the such person and dismiss the proceedings
21against him or her.
22    (g) A disposition of probation is considered to be a
23conviction for the purposes of imposing the conditions of
24probation and for appeal, however, discharge and dismissal
25under this Section is not a conviction for purposes of
26disqualification or disabilities imposed by law upon

 

 

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1conviction of a crime (including the additional penalty imposed
2for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d)
3of this Act).
4    (h) Discharge and dismissal under this Section, Section 410
5of the Illinois Controlled Substances Act, Section 70 of the
6Methamphetamine Control and Community Protection Act, Section
75-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or
8subsection (c) of Section 11-14 of the Criminal Code of 1961 or
9the Criminal Code of 2012 may occur only once with respect to
10any person.
11    (i) If a person is convicted of an offense under this Act,
12the Illinois Controlled Substances Act, or the Methamphetamine
13Control and Community Protection Act within 5 years subsequent
14to a discharge and dismissal under this Section, the discharge
15and dismissal under this Section shall be admissible in the
16sentencing proceeding for that conviction as a factor in
17aggravation.
18    (j) Notwithstanding subsection (a), before a person is
19sentenced to probation under this Section, the court may refer
20the person to the drug court established in that judicial
21circuit pursuant to Section 15 of the Drug Court Treatment Act.
22The drug court team shall evaluate the person's likelihood of
23successfully completing a sentence of probation under this
24Section and shall report the results of its evaluation to the
25court. If the drug court team finds that the person suffers
26from a substance abuse problem that makes him or her

 

 

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1substantially unlikely to successfully complete a sentence of
2probation under this Section, then the drug court shall set
3forth its findings in the form of a written order, and the
4person shall not be sentenced to probation under this Section,
5but may be considered for the drug court program.
6(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
 
7    Section 10. The Illinois Controlled Substances Act is
8amended by changing Section 410 as follows:
 
9    (720 ILCS 570/410)  (from Ch. 56 1/2, par. 1410)
10    Sec. 410. (a) Whenever any person who has not previously
11been convicted of, or placed on probation or court supervision
12for any offense under this Act or any law of the United States
13or of any State relating to cannabis or controlled substances,
14pleads guilty to or is found guilty of possession of a
15controlled or counterfeit substance under subsection (c) of
16Section 402 or of unauthorized possession of prescription form
17under Section 406.2, the court, without entering a judgment and
18with the consent of such person, may sentence him or her to
19probation.
20    (b) When a person is placed on probation, the court shall
21enter an order specifying a period of probation of 24 months
22and shall defer further proceedings in the case until the
23conclusion of the period or until the filing of a petition
24alleging violation of a term or condition of probation. At the

 

 

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1time the person is placed on probation, the court shall set a
2date at the conclusion of the period to determine whether the
3person has complied with the terms and conditions of probation.
4    (c) The conditions of probation shall be that the person:
5(1) not violate any criminal statute of any jurisdiction; (2)
6refrain from possessing a firearm or other dangerous weapon;
7(3) submit to periodic drug testing at a time and in a manner
8as ordered by the court, but no less than 3 times during the
9period of the probation, with the cost of the testing to be
10paid by the probationer; and (4) perform no less than 30 hours
11of community service, provided community service is available
12in the jurisdiction and is funded and approved by the county
13board.
14    (d) The court may, in addition to other conditions, require
15that the person:
16        (1) make a report to and appear in person before or
17    participate with the court or such courts, person, or
18    social service agency as directed by the court in the order
19    of probation;
20        (2) pay a fine and costs;
21        (3) work or pursue a course of study or vocational
22    training;
23        (4) undergo medical or psychiatric treatment; or
24    treatment or rehabilitation approved by the Illinois
25    Department of Human Services;
26        (5) attend or reside in a facility established for the

 

 

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1    instruction or residence of defendants on probation;
2        (6) support his or her dependents;
3        (6-5) refrain from having in his or her body the
4    presence of any illicit drug prohibited by the Cannabis
5    Control Act, the Illinois Controlled Substances Act, or the
6    Methamphetamine Control and Community Protection Act,
7    unless prescribed by a physician, and submit samples of his
8    or her blood or urine or both for tests to determine the
9    presence of any illicit drug;
10        (7) and in addition, if a minor:
11            (i) reside with his or her parents or in a foster
12        home;
13            (ii) attend school;
14            (iii) attend a non-residential program for youth;
15            (iv) contribute to his or her own support at home
16        or in a foster home.
17    (e) Upon violation of a term or condition of probation, the
18court may enter a judgment on its original finding of guilt and
19proceed as otherwise provided.
20    (f) At the conclusion of the period of probation, if the
21court determines that the person has complied with Upon
22fulfillment of the terms and conditions of probation, the court
23shall discharge the person and dismiss the proceedings against
24him or her.
25    (g) A disposition of probation is considered to be a
26conviction for the purposes of imposing the conditions of

 

 

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1probation and for appeal, however, discharge and dismissal
2under this Section is not a conviction for purposes of this Act
3or for purposes of disqualifications or disabilities imposed by
4law upon conviction of a crime.
5    (h) There may be only one discharge and dismissal under
6this Section, Section 10 of the Cannabis Control Act, Section
770 of the Methamphetamine Control and Community Protection Act,
8Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections,
9or subsection (c) of Section 11-14 of the Criminal Code of 1961
10or the Criminal Code of 2012 with respect to any person.
11    (i) If a person is convicted of an offense under this Act,
12the Cannabis Control Act, or the Methamphetamine Control and
13Community Protection Act within 5 years subsequent to a
14discharge and dismissal under this Section, the discharge and
15dismissal under this Section shall be admissible in the
16sentencing proceeding for that conviction as evidence in
17aggravation.
18    (j) Notwithstanding subsection (a), before a person is
19sentenced to probation under this Section, the court may refer
20the person to the drug court established in that judicial
21circuit pursuant to Section 15 of the Drug Court Treatment Act.
22The drug court team shall evaluate the person's likelihood of
23successfully completing a sentence of probation under this
24Section and shall report the results of its evaluation to the
25court. If the drug court team finds that the person suffers
26from a substance abuse problem that makes him or her

 

 

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1substantially unlikely to successfully complete a sentence of
2probation under this Section, then the drug court shall set
3forth its findings in the form of a written order, and the
4person shall not be sentenced to probation under this Section,
5but may be considered for the drug court program.
6(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
 
7    Section 15. The Methamphetamine Control and Community
8Protection Act is amended by changing Section 70 as follows:
 
9    (720 ILCS 646/70)
10    Sec. 70. Probation.
11    (a) Whenever any person who has not previously been
12convicted of, or placed on probation or court supervision for
13any offense under this Act, the Illinois Controlled Substances
14Act, the Cannabis Control Act, or any law of the United States
15or of any state relating to cannabis or controlled substances,
16pleads guilty to or is found guilty of possession of less than
1715 grams of methamphetamine under paragraph (1) or (2) of
18subsection (b) of Section 60 of this Act, the court, without
19entering a judgment and with the consent of the person, may
20sentence him or her to probation.
21    (b) When a person is placed on probation, the court shall
22enter an order specifying a period of probation of 24 months
23and shall defer further proceedings in the case until the
24conclusion of the period or until the filing of a petition

 

 

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1alleging violation of a term or condition of probation. At the
2time the person is placed on probation, the court shall set a
3date at the conclusion of the period to determine whether the
4person has complied with the terms and conditions of probation.
5    (c) The conditions of probation shall be that the person:
6        (1) not violate any criminal statute of any
7    jurisdiction;
8        (2) refrain from possessing a firearm or other
9    dangerous weapon;
10        (3) submit to periodic drug testing at a time and in a
11    manner as ordered by the court, but no less than 3 times
12    during the period of the probation, with the cost of the
13    testing to be paid by the probationer; and
14        (4) perform no less than 30 hours of community service,
15    if community service is available in the jurisdiction and
16    is funded and approved by the county board.
17    (d) The court may, in addition to other conditions, require
18that the person take one or more of the following actions:
19        (1) make a report to and appear in person before or
20    participate with the court or such courts, person, or
21    social service agency as directed by the court in the order
22    of probation;
23        (2) pay a fine and costs;
24        (3) work or pursue a course of study or vocational
25    training;
26        (4) undergo medical or psychiatric treatment; or

 

 

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1    treatment or rehabilitation approved by the Illinois
2    Department of Human Services;
3        (5) attend or reside in a facility established for the
4    instruction or residence of defendants on probation;
5        (6) support his or her dependents;
6        (7) refrain from having in his or her body the presence
7    of any illicit drug prohibited by this Act, the Cannabis
8    Control Act, or the Illinois Controlled Substances Act,
9    unless prescribed by a physician, and submit samples of his
10    or her blood or urine or both for tests to determine the
11    presence of any illicit drug; or
12        (8) if a minor:
13            (i) reside with his or her parents or in a foster
14        home;
15            (ii) attend school;
16            (iii) attend a non-residential program for youth;
17        or
18            (iv) contribute to his or her own support at home
19        or in a foster home.
20    (e) Upon violation of a term or condition of probation, the
21court may enter a judgment on its original finding of guilt and
22proceed as otherwise provided.
23    (f) At the conclusion of the period of probation, if the
24court determines that the person has complied with Upon
25fulfillment of the terms and conditions of probation, the court
26shall discharge the person and dismiss the proceedings against

 

 

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1the person.
2    (g) A disposition of probation is considered to be a
3conviction for the purposes of imposing the conditions of
4probation and for appeal, however, discharge and dismissal
5under this Section is not a conviction for purposes of this Act
6or for purposes of disqualifications or disabilities imposed by
7law upon conviction of a crime.
8    (h) There may be only one discharge and dismissal under
9this Section, Section 410 of the Illinois Controlled Substances
10Act, Section 10 of the Cannabis Control Act, Section 5-6-3.3 or
115-6-3.4 of the Unified Code of Corrections, or subsection (c)
12of Section 11-14 of the Criminal Code of 1961 or the Criminal
13Code of 2012 with respect to any person.
14    (i) If a person is convicted of an offense under this Act,
15the Cannabis Control Act, or the Illinois Controlled Substances
16Act within 5 years subsequent to a discharge and dismissal
17under this Section, the discharge and dismissal under this
18Section are admissible in the sentencing proceeding for that
19conviction as evidence in aggravation.
20    (j) Notwithstanding subsection (a), before a person is
21sentenced to probation under this Section, the court may refer
22the person to the drug court established in that judicial
23circuit pursuant to Section 15 of the Drug Court Treatment Act.
24The drug court team shall evaluate the person's likelihood of
25successfully completing a sentence of probation under this
26Section and shall report the results of its evaluation to the

 

 

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1court. If the drug court team finds that the person suffers
2from a substance abuse problem that makes him or her
3substantially unlikely to successfully complete a sentence of
4probation under this Section, then the drug court shall set
5forth its findings in the form of a written order, and the
6person shall not be sentenced to probation under this Section,
7but may be considered for the drug court program.
8(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
 
9    Section 20. The Code of Criminal Procedure of 1963 is
10amended by changing Section 110-14 as follows:
 
11    (725 ILCS 5/110-14)  (from Ch. 38, par. 110-14)
12    Sec. 110-14. Credit for Incarceration on Bailable Offense.
13    (a) Any person incarcerated on a bailable offense who does
14not supply bail and against whom a fine is levied on conviction
15of such offense shall be allowed a credit of $20 $5 for each
16day so incarcerated upon application of the defendant. However,
17in no case shall the amount so allowed or credited exceed the
18amount of the fine.
19    (b) Subsection (a) does not apply to a person incarcerated
20for sexual assault as defined in paragraph (1) of subsection
21(a) of Section 5-9-1.7 of the Unified Code of Corrections.
22(Source: P.A. 93-699, eff. 1-1-05.)
 
23    Section 25. The Unified Code of Corrections is amended by

 

 

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1changing Sections 5-3-2 and 5-6-3.1 as follows:
 
2    (730 ILCS 5/5-3-2)  (from Ch. 38, par. 1005-3-2)
3    Sec. 5-3-2. Presentence Report.
4    (a) In felony cases, the presentence report shall set
5forth:
6        (1) the defendant's history of delinquency or
7    criminality, physical and mental history and condition,
8    family situation and background, economic status,
9    education, occupation and personal habits;
10        (2) information about special resources within the
11    community which might be available to assist the
12    defendant's rehabilitation, including treatment centers,
13    residential facilities, vocational training services,
14    correctional manpower programs, employment opportunities,
15    special educational programs, alcohol and drug abuse
16    programming, psychiatric and marriage counseling, and
17    other programs and facilities which could aid the
18    defendant's successful reintegration into society;
19        (3) the effect the offense committed has had upon the
20    victim or victims thereof, and any compensatory benefit
21    that various sentencing alternatives would confer on such
22    victim or victims;
23        (3.5) information provided by the victim's spouse,
24    guardian, parent, grandparent, and other immediate family
25    and household members about the effect the offense

 

 

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1    committed has had on the victim and on the person providing
2    the information; if the victim's spouse, guardian, parent,
3    grandparent, or other immediate family or household member
4    has provided a written statement, the statement shall be
5    attached to the report;
6        (4) information concerning the defendant's status
7    since arrest, including his record if released on his own
8    recognizance, or the defendant's achievement record if
9    released on a conditional pre-trial supervision program;
10        (5) when appropriate, a plan, based upon the personal,
11    economic and social adjustment needs of the defendant,
12    utilizing public and private community resources as an
13    alternative to institutional sentencing;
14        (6) any other matters that the investigatory officer
15    deems relevant or the court directs to be included; and
16        (7) information concerning defendant's eligibility for
17    a sentence to a county impact incarceration program under
18    Section 5-8-1.2 of this Code; and .
19        (8) the financial impact of incarceration based on the
20    financial impact statement filed with the clerk of the
21    court by the Department of Corrections.
22    (b) The investigation shall include a physical and mental
23examination of the defendant when so ordered by the court. If
24the court determines that such an examination should be made,
25it shall issue an order that the defendant submit to
26examination at such time and place as designated by the court

 

 

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1and that such examination be conducted by a physician,
2psychologist or psychiatrist designated by the court. Such an
3examination may be conducted in a court clinic if so ordered by
4the court. The cost of such examination shall be paid by the
5county in which the trial is held.
6    (b-5) In cases involving felony sex offenses in which the
7offender is being considered for probation only or any felony
8offense that is sexually motivated as defined in the Sex
9Offender Management Board Act in which the offender is being
10considered for probation only, the investigation shall include
11a sex offender evaluation by an evaluator approved by the Board
12and conducted in conformance with the standards developed under
13the Sex Offender Management Board Act. In cases in which the
14offender is being considered for any mandatory prison sentence,
15the investigation shall not include a sex offender evaluation.
16    (c) In misdemeanor, business offense or petty offense
17cases, except as specified in subsection (d) of this Section,
18when a presentence report has been ordered by the court, such
19presentence report shall contain information on the
20defendant's history of delinquency or criminality and shall
21further contain only those matters listed in any of paragraphs
22(1) through (6) of subsection (a) or in subsection (b) of this
23Section as are specified by the court in its order for the
24report.
25    (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or
2612-30 of the Criminal Code of 1961 or the Criminal Code of

 

 

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12012, the presentence report shall set forth information about
2alcohol, drug abuse, psychiatric, and marriage counseling or
3other treatment programs and facilities, information on the
4defendant's history of delinquency or criminality, and shall
5contain those additional matters listed in any of paragraphs
6(1) through (6) of subsection (a) or in subsection (b) of this
7Section as are specified by the court.
8    (e) Nothing in this Section shall cause the defendant to be
9held without bail or to have his bail revoked for the purpose
10of preparing the presentence report or making an examination.
11(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;
1298-372, eff. 1-1-14.)
 
13    (730 ILCS 5/5-6-3.1)  (from Ch. 38, par. 1005-6-3.1)
14    Sec. 5-6-3.1. Incidents and conditions of supervision.
15    (a) When a defendant is placed on supervision, the court
16shall enter an order for supervision specifying the period of
17such supervision, and shall defer further proceedings in the
18case until the conclusion of the period. At the time a
19defendant is placed on supervision, the court shall set a date
20at the conclusion of the period to determine whether the
21defendant has complied with the conditions of supervision.
22    (b) The period of supervision shall be reasonable under all
23of the circumstances of the case, but may not be longer than 2
24years, unless the defendant has failed to pay the assessment
25required by Section 10.3 of the Cannabis Control Act, Section

 

 

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1411.2 of the Illinois Controlled Substances Act, or Section 80
2of the Methamphetamine Control and Community Protection Act, in
3which case the court may extend supervision beyond 2 years.
4Additionally, the court shall order the defendant to perform no
5less than 30 hours of community service and not more than 120
6hours of community service, if community service is available
7in the jurisdiction and is funded and approved by the county
8board where the offense was committed, when the offense (1) was
9related to or in furtherance of the criminal activities of an
10organized gang or was motivated by the defendant's membership
11in or allegiance to an organized gang; or (2) is a violation of
12any Section of Article 24 of the Criminal Code of 1961 or the
13Criminal Code of 2012 where a disposition of supervision is not
14prohibited by Section 5-6-1 of this Code. The community service
15shall include, but not be limited to, the cleanup and repair of
16any damage caused by violation of Section 21-1.3 of the
17Criminal Code of 1961 or the Criminal Code of 2012 and similar
18damages to property located within the municipality or county
19in which the violation occurred. Where possible and reasonable,
20the community service should be performed in the offender's
21neighborhood.
22    For the purposes of this Section, "organized gang" has the
23meaning ascribed to it in Section 10 of the Illinois Streetgang
24Terrorism Omnibus Prevention Act.
25    (c) The court may in addition to other reasonable
26conditions relating to the nature of the offense or the

 

 

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1rehabilitation of the defendant as determined for each
2defendant in the proper discretion of the court require that
3the person:
4        (1) make a report to and appear in person before or
5    participate with the court or such courts, person, or
6    social service agency as directed by the court in the order
7    of supervision;
8        (2) pay a fine and costs;
9        (3) work or pursue a course of study or vocational
10    training;
11        (4) undergo medical, psychological or psychiatric
12    treatment; or treatment for drug addiction or alcoholism;
13        (5) attend or reside in a facility established for the
14    instruction or residence of defendants on probation;
15        (6) support his dependents;
16        (7) refrain from possessing a firearm or other
17    dangerous weapon;
18        (8) and in addition, if a minor:
19            (i) reside with his parents or in a foster home;
20            (ii) attend school;
21            (iii) attend a non-residential program for youth;
22            (iv) contribute to his own support at home or in a
23        foster home; or
24            (v) with the consent of the superintendent of the
25        facility, attend an educational program at a facility
26        other than the school in which the offense was

 

 

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1        committed if he or she is placed on supervision for a
2        crime of violence as defined in Section 2 of the Crime
3        Victims Compensation Act committed in a school, on the
4        real property comprising a school, or within 1,000 feet
5        of the real property comprising a school;
6        (9) make restitution or reparation in an amount not to
7    exceed actual loss or damage to property and pecuniary loss
8    or make restitution under Section 5-5-6 to a domestic
9    violence shelter. The court shall determine the amount and
10    conditions of payment;
11        (10) perform some reasonable public or community
12    service;
13        (11) comply with the terms and conditions of an order
14    of protection issued by the court pursuant to the Illinois
15    Domestic Violence Act of 1986 or an order of protection
16    issued by the court of another state, tribe, or United
17    States territory. If the court has ordered the defendant to
18    make a report and appear in person under paragraph (1) of
19    this subsection, a copy of the order of protection shall be
20    transmitted to the person or agency so designated by the
21    court;
22        (12) reimburse any "local anti-crime program" as
23    defined in Section 7 of the Anti-Crime Advisory Council Act
24    for any reasonable expenses incurred by the program on the
25    offender's case, not to exceed the maximum amount of the
26    fine authorized for the offense for which the defendant was

 

 

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1    sentenced;
2        (13) contribute a reasonable sum of money, not to
3    exceed the maximum amount of the fine authorized for the
4    offense for which the defendant was sentenced, (i) to a
5    "local anti-crime program", as defined in Section 7 of the
6    Anti-Crime Advisory Council Act, or (ii) for offenses under
7    the jurisdiction of the Department of Natural Resources, to
8    the fund established by the Department of Natural Resources
9    for the purchase of evidence for investigation purposes and
10    to conduct investigations as outlined in Section 805-105 of
11    the Department of Natural Resources (Conservation) Law;
12        (14) refrain from entering into a designated
13    geographic area except upon such terms as the court finds
14    appropriate. Such terms may include consideration of the
15    purpose of the entry, the time of day, other persons
16    accompanying the defendant, and advance approval by a
17    probation officer;
18        (15) refrain from having any contact, directly or
19    indirectly, with certain specified persons or particular
20    types of person, including but not limited to members of
21    street gangs and drug users or dealers;
22        (16) refrain from having in his or her body the
23    presence of any illicit drug prohibited by the Cannabis
24    Control Act, the Illinois Controlled Substances Act, or the
25    Methamphetamine Control and Community Protection Act,
26    unless prescribed by a physician, and submit samples of his

 

 

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1    or her blood or urine or both for tests to determine the
2    presence of any illicit drug;
3        (17) refrain from operating any motor vehicle not
4    equipped with an ignition interlock device as defined in
5    Section 1-129.1 of the Illinois Vehicle Code; under this
6    condition the court may allow a defendant who is not
7    self-employed to operate a vehicle owned by the defendant's
8    employer that is not equipped with an ignition interlock
9    device in the course and scope of the defendant's
10    employment; and
11        (18) if placed on supervision for a sex offense as
12    defined in subsection (a-5) of Section 3-1-2 of this Code,
13    unless the offender is a parent or guardian of the person
14    under 18 years of age present in the home and no
15    non-familial minors are present, not participate in a
16    holiday event involving children under 18 years of age,
17    such as distributing candy or other items to children on
18    Halloween, wearing a Santa Claus costume on or preceding
19    Christmas, being employed as a department store Santa
20    Claus, or wearing an Easter Bunny costume on or preceding
21    Easter.
22    (c-5) If payment of restitution as ordered has not been
23made, the victim shall file a petition notifying the sentencing
24court, any other person to whom restitution is owed, and the
25State's Attorney of the status of the ordered restitution
26payments unpaid at least 90 days before the supervision

 

 

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1expiration date. If payment as ordered has not been made, the
2court shall hold a review hearing prior to the expiration date,
3unless the hearing is voluntarily waived by the defendant with
4the knowledge that waiver may result in an extension of the
5supervision period or in a revocation of supervision. If the
6court does not extend supervision, it shall issue a judgment
7for the unpaid restitution and direct the clerk of the circuit
8court to file and enter the judgment in the judgment and lien
9docket, without fee, unless it finds that the victim has
10recovered a judgment against the defendant for the amount
11covered by the restitution order. If the court issues a
12judgment for the unpaid restitution, the court shall send to
13the defendant at his or her last known address written
14notification that a civil judgment has been issued for the
15unpaid restitution.
16    (d) The court shall defer entering any judgment on the
17charges until the conclusion of the supervision.
18    (e) At the conclusion of the period of supervision, if the
19court determines that the defendant has successfully complied
20with all of the conditions of supervision, the court shall
21discharge the defendant and enter a judgment dismissing the
22charges.
23    (f) Discharge and dismissal upon a successful conclusion of
24a disposition of supervision shall be deemed without
25adjudication of guilt and shall not be termed a conviction for
26purposes of disqualification or disabilities imposed by law

 

 

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1upon conviction of a crime. Two years after the discharge and
2dismissal under this Section, unless the disposition of
3supervision was for a violation of Sections 3-707, 3-708,
43-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
5similar provision of a local ordinance, or for a violation of
6Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961
7or the Criminal Code of 2012, in which case it shall be 5 years
8after discharge and dismissal, a person may have his record of
9arrest sealed or expunged as may be provided by law. However,
10any defendant placed on supervision before January 1, 1980, may
11move for sealing or expungement of his arrest record, as
12provided by law, at any time after discharge and dismissal
13under this Section. A person placed on supervision for a sexual
14offense committed against a minor as defined in clause
15(a)(1)(L) of Section 5.2 of the Criminal Identification Act or
16for a violation of Section 11-501 of the Illinois Vehicle Code
17or a similar provision of a local ordinance shall not have his
18or her record of arrest sealed or expunged.
19    (g) A defendant placed on supervision and who during the
20period of supervision undergoes mandatory drug or alcohol
21testing, or both, or is assigned to be placed on an approved
22electronic monitoring device, shall be ordered to pay the costs
23incidental to such mandatory drug or alcohol testing, or both,
24and costs incidental to such approved electronic monitoring in
25accordance with the defendant's ability to pay those costs. The
26county board with the concurrence of the Chief Judge of the

 

 

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1judicial circuit in which the county is located shall establish
2reasonable fees for the cost of maintenance, testing, and
3incidental expenses related to the mandatory drug or alcohol
4testing, or both, and all costs incidental to approved
5electronic monitoring, of all defendants placed on
6supervision. The concurrence of the Chief Judge shall be in the
7form of an administrative order. The fees shall be collected by
8the clerk of the circuit court, except as provided in an
9administrative order of the Chief Judge of the circuit court.
10The clerk of the circuit court shall pay all moneys collected
11from these fees to the county treasurer who shall use the
12moneys collected to defray the costs of drug testing, alcohol
13testing, and electronic monitoring. The county treasurer shall
14deposit the fees collected in the county working cash fund
15under Section 6-27001 or Section 6-29002 of the Counties Code,
16as the case may be.
17    The Chief Judge of the circuit court of the county may by
18administrative order establish a program for electronic
19monitoring of offenders, in which a vendor supplies and
20monitors the operation of the electronic monitoring device, and
21collects the fees on behalf of the county. The program shall
22include provisions for indigent offenders and the collection of
23unpaid fees. The program shall not unduly burden the offender
24and shall be subject to review by the Chief Judge.
25    The Chief Judge of the circuit court may suspend any
26additional charges or fees for late payment, interest, or

 

 

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1damage to any device.
2    (h) A disposition of supervision is a final order for the
3purposes of appeal.
4    (i) The court shall impose upon a defendant placed on
5supervision after January 1, 1992 or to community service under
6the supervision of a probation or court services department
7after January 1, 2004, as a condition of supervision or
8supervised community service, a fee of $50 for each month of
9supervision or supervised community service ordered by the
10court, unless after determining the inability of the person
11placed on supervision or supervised community service to pay
12the fee, the court assesses a lesser fee. The court may not
13impose the fee on a minor who is made a ward of the State under
14the Juvenile Court Act of 1987 while the minor is in placement.
15The fee shall be imposed only upon a defendant who is actively
16supervised by the probation and court services department. The
17fee shall be collected by the clerk of the circuit court. The
18clerk of the circuit court shall pay all monies collected from
19this fee to the county treasurer for deposit in the probation
20and court services fund pursuant to Section 15.1 of the
21Probation and Probation Officers Act.
22    A circuit court may not impose a probation fee in excess of
23$25 per month unless the circuit court has adopted, by
24administrative order issued by the chief judge, a standard
25probation fee guide determining an offender's ability to pay.
26Of the amount collected as a probation fee, not to exceed $5 of

 

 

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1that fee collected per month may be used to provide services to
2crime victims and their families.
3    The Court may only waive probation fees based on an
4offender's ability to pay. The probation department may
5re-evaluate an offender's ability to pay every 6 months, and,
6with the approval of the Director of Court Services or the
7Chief Probation Officer, adjust the monthly fee amount. An
8offender may elect to pay probation fees due in a lump sum. Any
9offender that has been assigned to the supervision of a
10probation department, or has been transferred either under
11subsection (h) of this Section or under any interstate compact,
12shall be required to pay probation fees to the department
13supervising the offender, based on the offender's ability to
14pay.
15    (j) All fines and costs imposed under this Section for any
16violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
17Code, or a similar provision of a local ordinance, and any
18violation of the Child Passenger Protection Act, or a similar
19provision of a local ordinance, shall be collected and
20disbursed by the circuit clerk as provided under Section 27.5
21of the Clerks of Courts Act.
22    (k) A defendant at least 17 years of age who is placed on
23supervision for a misdemeanor in a county of 3,000,000 or more
24inhabitants and who has not been previously convicted of a
25misdemeanor or felony may as a condition of his or her
26supervision be required by the court to attend educational

 

 

HB3344- 28 -LRB100 00022 RLC 10023 b

1courses designed to prepare the defendant for a high school
2diploma and to work toward a high school diploma or to work
3toward passing high school equivalency testing or to work
4toward completing a vocational training program approved by the
5court. The defendant placed on supervision must attend a public
6institution of education to obtain the educational or
7vocational training required by this subsection (k). The
8defendant placed on supervision shall be required to pay for
9the cost of the educational courses or high school equivalency
10testing if a fee is charged for those courses or testing. The
11court shall revoke the supervision of a person who wilfully
12fails to comply with this subsection (k). The court shall
13resentence the defendant upon revocation of supervision as
14provided in Section 5-6-4. This subsection (k) does not apply
15to a defendant who has a high school diploma or has
16successfully passed high school equivalency testing. This
17subsection (k) does not apply to a defendant who is determined
18by the court to be a person with a developmental disability or
19otherwise mentally incapable of completing the educational or
20vocational program.
21    (l) The court shall require a defendant placed on
22supervision for possession of a substance prohibited by the
23Cannabis Control Act, the Illinois Controlled Substances Act,
24or the Methamphetamine Control and Community Protection Act
25after a previous conviction or disposition of supervision for
26possession of a substance prohibited by the Cannabis Control

 

 

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1Act, the Illinois Controlled Substances Act, or the
2Methamphetamine Control and Community Protection Act or a
3sentence of probation under Section 10 of the Cannabis Control
4Act or Section 410 of the Illinois Controlled Substances Act
5and after a finding by the court that the person is addicted,
6to undergo treatment at a substance abuse program approved by
7the court.
8    (m) The Secretary of State shall require anyone placed on
9court supervision for a violation of Section 3-707 of the
10Illinois Vehicle Code or a similar provision of a local
11ordinance to give proof of his or her financial responsibility
12as defined in Section 7-315 of the Illinois Vehicle Code. The
13proof shall be maintained by the individual in a manner
14satisfactory to the Secretary of State for a minimum period of
153 years after the date the proof is first filed. The proof
16shall be limited to a single action per arrest and may not be
17affected by any post-sentence disposition. The Secretary of
18State shall suspend the driver's license of any person
19determined by the Secretary to be in violation of this
20subsection.
21    (n) Any offender placed on supervision for any offense that
22the court or probation department has determined to be sexually
23motivated as defined in the Sex Offender Management Board Act
24shall be required to refrain from any contact, directly or
25indirectly, with any persons specified by the court and shall
26be available for all evaluations and treatment programs

 

 

HB3344- 30 -LRB100 00022 RLC 10023 b

1required by the court or the probation department.
2    (o) An offender placed on supervision for a sex offense as
3defined in the Sex Offender Management Board Act shall refrain
4from residing at the same address or in the same condominium
5unit or apartment unit or in the same condominium complex or
6apartment complex with another person he or she knows or
7reasonably should know is a convicted sex offender or has been
8placed on supervision for a sex offense. The provisions of this
9subsection (o) do not apply to a person convicted of a sex
10offense who is placed in a Department of Corrections licensed
11transitional housing facility for sex offenders.
12    (p) An offender placed on supervision for an offense
13committed on or after June 1, 2008 (the effective date of
14Public Act 95-464) that would qualify the accused as a child
15sex offender as defined in Section 11-9.3 or 11-9.4 of the
16Criminal Code of 1961 or the Criminal Code of 2012 shall
17refrain from communicating with or contacting, by means of the
18Internet, a person who is not related to the accused and whom
19the accused reasonably believes to be under 18 years of age.
20For purposes of this subsection (p), "Internet" has the meaning
21ascribed to it in Section 16-0.1 of the Criminal Code of 2012;
22and a person is not related to the accused if the person is
23not: (i) the spouse, brother, or sister of the accused; (ii) a
24descendant of the accused; (iii) a first or second cousin of
25the accused; or (iv) a step-child or adopted child of the
26accused.

 

 

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1    (q) An offender placed on supervision for an offense
2committed on or after June 1, 2008 (the effective date of
3Public Act 95-464) that would qualify the accused as a child
4sex offender as defined in Section 11-9.3 or 11-9.4 of the
5Criminal Code of 1961 or the Criminal Code of 2012 shall, if so
6ordered by the court, refrain from communicating with or
7contacting, by means of the Internet, a person who is related
8to the accused and whom the accused reasonably believes to be
9under 18 years of age. For purposes of this subsection (q),
10"Internet" has the meaning ascribed to it in Section 16-0.1 of
11the Criminal Code of 2012; and a person is related to the
12accused if the person is: (i) the spouse, brother, or sister of
13the accused; (ii) a descendant of the accused; (iii) a first or
14second cousin of the accused; or (iv) a step-child or adopted
15child of the accused.
16    (r) An offender placed on supervision for an offense under
17Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a
18juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or
1911-21 of the Criminal Code of 1961 or the Criminal Code of
202012, or any attempt to commit any of these offenses, committed
21on or after June 1, 2009 (the effective date of Public Act
2295-983) this amendatory Act of the 95th General Assembly shall:
23        (i) not access or use a computer or any other device
24    with Internet capability without the prior written
25    approval of the court, except in connection with the
26    offender's employment or search for employment with the

 

 

HB3344- 32 -LRB100 00022 RLC 10023 b

1    prior approval of the court;
2        (ii) submit to periodic unannounced examinations of
3    the offender's computer or any other device with Internet
4    capability by the offender's probation officer, a law
5    enforcement officer, or assigned computer or information
6    technology specialist, including the retrieval and copying
7    of all data from the computer or device and any internal or
8    external peripherals and removal of such information,
9    equipment, or device to conduct a more thorough inspection;
10        (iii) submit to the installation on the offender's
11    computer or device with Internet capability, at the
12    offender's expense, of one or more hardware or software
13    systems to monitor the Internet use; and
14        (iv) submit to any other appropriate restrictions
15    concerning the offender's use of or access to a computer or
16    any other device with Internet capability imposed by the
17    court.
18    (s) An offender placed on supervision for an offense that
19is a sex offense as defined in Section 2 of the Sex Offender
20Registration Act that is committed on or after January 1, 2010
21(the effective date of Public Act 96-362) that requires the
22person to register as a sex offender under that Act, may not
23knowingly use any computer scrub software on any computer that
24the sex offender uses.
25    (t) An offender placed on supervision for a sex offense as
26defined in the Sex Offender Registration Act committed on or

 

 

HB3344- 33 -LRB100 00022 RLC 10023 b

1after January 1, 2010 (the effective date of Public Act 96-262)
2shall refrain from accessing or using a social networking
3website as defined in Section 17-0.5 of the Criminal Code of
42012.
5    (u) Jurisdiction over an offender may be transferred from
6the sentencing court to the court of another circuit with the
7concurrence of both courts. Further transfers or retransfers of
8jurisdiction are also authorized in the same manner. The court
9to which jurisdiction has been transferred shall have the same
10powers as the sentencing court. The probation department within
11the circuit to which jurisdiction has been transferred may
12impose probation fees upon receiving the transferred offender,
13as provided in subsection (i). The probation department from
14the original sentencing court shall retain all probation fees
15collected prior to the transfer.
16(Source: P.A. 98-718, eff. 1-1-15; 98-940, eff. 1-1-15; 99-78,
17eff. 7-20-15; 99-143, eff. 7-27-15; 99-642, eff. 7-28-16;
1899-797, eff. 8-12-16; revised 9-1-16.)