SB1607 EnrolledLRB100 11093 RLC 21351 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 Illinois Criminal Justice Information Act is
5amended by changing Section 7 as follows:
 
6    (20 ILCS 3930/7)  (from Ch. 38, par. 210-7)
7    Sec. 7. Powers and Duties. The Authority shall have the
8following powers, duties, and responsibilities:
9        (a) To develop and operate comprehensive information
10    systems for the improvement and coordination of all aspects
11    of law enforcement, prosecution, and corrections;
12        (b) To define, develop, evaluate, and correlate State
13    and local programs and projects associated with the
14    improvement of law enforcement and the administration of
15    criminal justice;
16        (c) To act as a central repository and clearing house
17    for federal, state, and local research studies, plans,
18    projects, proposals, and other information relating to all
19    aspects of criminal justice system improvement and to
20    encourage educational programs for citizen support of
21    State and local efforts to make such improvements;
22        (d) To undertake research studies to aid in
23    accomplishing its purposes;

 

 

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1        (e) To monitor the operation of existing criminal
2    justice information systems in order to protect the
3    constitutional rights and privacy of individuals about
4    whom criminal history record information has been
5    collected;
6        (f) To provide an effective administrative forum for
7    the protection of the rights of individuals concerning
8    criminal history record information;
9        (g) To issue regulations, guidelines, and procedures
10    which ensure the privacy and security of criminal history
11    record information consistent with State and federal laws;
12        (h) To act as the sole administrative appeal body in
13    the State of Illinois to conduct hearings and make final
14    determinations concerning individual challenges to the
15    completeness and accuracy of criminal history record
16    information;
17        (i) To act as the sole, official, criminal justice body
18    in the State of Illinois to conduct annual and periodic
19    audits of the procedures, policies, and practices of the
20    State central repositories for criminal history record
21    information to verify compliance with federal and state
22    laws and regulations governing such information;
23        (j) To advise the Authority's Statistical Analysis
24    Center;
25        (k) To apply for, receive, establish priorities for,
26    allocate, disburse, and spend grants of funds that are made

 

 

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1    available by and received on or after January 1, 1983 from
2    private sources or from the United States pursuant to the
3    federal Crime Control Act of 1973, as amended, and similar
4    federal legislation, and to enter into agreements with the
5    United States government to further the purposes of this
6    Act, or as may be required as a condition of obtaining
7    federal funds;
8        (l) To receive, expend, and account for such funds of
9    the State of Illinois as may be made available to further
10    the purposes of this Act;
11        (m) To enter into contracts and to cooperate with units
12    of general local government or combinations of such units,
13    State agencies, and criminal justice system agencies of
14    other states for the purpose of carrying out the duties of
15    the Authority imposed by this Act or by the federal Crime
16    Control Act of 1973, as amended;
17        (n) To enter into contracts and cooperate with units of
18    general local government outside of Illinois, other
19    states' agencies, and private organizations outside of
20    Illinois to provide computer software or design that has
21    been developed for the Illinois criminal justice system, or
22    to participate in the cooperative development or design of
23    new software or systems to be used by the Illinois criminal
24    justice system. Revenues received as a result of such
25    arrangements shall be deposited in the Criminal Justice
26    Information Systems Trust Fund;

 

 

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1        (o) To establish general policies concerning criminal
2    justice information systems and to promulgate such rules,
3    regulations, and procedures as are necessary to the
4    operation of the Authority and to the uniform consideration
5    of appeals and audits;
6        (p) To advise and to make recommendations to the
7    Governor and the General Assembly on policies relating to
8    criminal justice information systems;
9        (q) To direct all other agencies under the jurisdiction
10    of the Governor to provide whatever assistance and
11    information the Authority may lawfully require to carry out
12    its functions;
13        (r) To exercise any other powers that are reasonable
14    and necessary to fulfill the responsibilities of the
15    Authority under this Act and to comply with the
16    requirements of applicable federal law or regulation;
17        (s) To exercise the rights, powers, and duties which
18    have been vested in the Authority by the "Illinois Uniform
19    Conviction Information Act", enacted by the 85th General
20    Assembly, as hereafter amended;
21        (t) (Blank);
22        (u) To exercise the rights, powers, and duties vested
23    in the Authority by the Illinois Public Safety Agency
24    Network Act;
25        (v) To provide technical assistance in the form of
26    training to local governmental entities within Illinois

 

 

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1    requesting such assistance for the purposes of procuring
2    grants for gang intervention and gang prevention programs
3    or other criminal justice programs from the United States
4    Department of Justice; and
5        (w) To conduct strategic planning and provide
6    technical assistance to implement comprehensive trauma
7    recovery services for violent crime victims in underserved
8    communities with high levels of violent crime, with the
9    goal of providing a safe, community-based, culturally
10    competent environment in which to access services
11    necessary to facilitate recovery from the effects of
12    chronic and repeat exposure to trauma. Services may
13    include, but are not limited to, behavioral health
14    treatment, financial recovery, family support and
15    relocation assistance, and support in navigating the legal
16    system; and .
17        (x) To coordinate statewide violence prevention
18    efforts and assist in the implementation of trauma recovery
19    centers and analyze trauma recovery services. The
20    Authority shall develop, publish, and facilitate the
21    implementation of a 4-year statewide violence prevention
22    plan, which shall incorporate public health, public
23    safety, victim services, and trauma recovery centers and
24    services.
25    The requirement for reporting to the General Assembly shall
26be satisfied by filing copies of the report with the Speaker,

 

 

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1the Minority Leader, and the Clerk of the House of
2Representatives, and the President, the Minority Leader, and
3the Secretary of the Senate, and the Legislative Research Unit,
4as required by Section 3.1 of the General Assembly Organization
5Act "An Act to revise the law in relation to the General
6Assembly", approved February 25, 1874, as amended, and filing
7such additional copies with the State Government Report
8Distribution Center for the General Assembly as is required
9under paragraph (t) of Section 7 of the State Library Act.
10(Source: P.A. 99-938, eff. 1-1-18; 100-373, eff. 1-1-18;
11revised 10-2-17.)
 
12    Section 10. The Illinois Vehicle Code is amended by
13changing Section 6-303 as follows:
 
14    (625 ILCS 5/6-303)  (from Ch. 95 1/2, par. 6-303)
15    (Text of Section before amendment by P.A. 100-149)
16    Sec. 6-303. Driving while driver's license, permit or
17privilege to operate a motor vehicle is suspended or revoked.
18    (a) Except as otherwise provided in subsection (a-5), any
19person who drives or is in actual physical control of a motor
20vehicle on any highway of this State at a time when such
21person's driver's license, permit or privilege to do so or the
22privilege to obtain a driver's license or permit is revoked or
23suspended as provided by this Code or the law of another state,
24except as may be specifically allowed by a judicial driving

 

 

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1permit issued prior to January 1, 2009, monitoring device
2driving permit, family financial responsibility driving
3permit, probationary license to drive, or a restricted driving
4permit issued pursuant to this Code or under the law of another
5state, shall be guilty of a Class A misdemeanor.
6    (a-3) A second or subsequent violation of subsection (a) of
7this Section is a Class 4 felony if committed by a person whose
8driving or operation of a motor vehicle is the proximate cause
9of a motor vehicle accident that causes personal injury or
10death to another. For purposes of this subsection, a personal
11injury includes any Type A injury as indicated on the traffic
12accident report completed by a law enforcement officer that
13requires immediate professional attention in either a doctor's
14office or a medical facility. A Type A injury includes severe
15bleeding wounds, distorted extremities, and injuries that
16require the injured party to be carried from the scene.
17    (a-5) Any person who violates this Section as provided in
18subsection (a) while his or her driver's license, permit or
19privilege is revoked because of a violation of Section 9-3 of
20the Criminal Code of 1961 or the Criminal Code of 2012,
21relating to the offense of reckless homicide or a similar
22provision of a law of another state, is guilty of a Class 4
23felony. The person shall be required to undergo a professional
24evaluation, as provided in Section 11-501 of this Code, to
25determine if an alcohol, drug, or intoxicating compound problem
26exists and the extent of the problem, and to undergo the

 

 

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1imposition of treatment as appropriate.
2    (a-10) A person's driver's license, permit, or privilege to
3obtain a driver's license or permit may be subject to multiple
4revocations, multiple suspensions, or any combination of both
5simultaneously. No revocation or suspension shall serve to
6negate, invalidate, cancel, postpone, or in any way lessen the
7effect of any other revocation or suspension entered prior or
8subsequent to any other revocation or suspension.
9    (b) (Blank).
10    (b-1) Upon receiving a report of the conviction of any
11violation indicating a person was operating a motor vehicle
12during the time when the person's driver's license, permit or
13privilege was suspended by the Secretary of State or the
14driver's licensing administrator of another state, except as
15specifically allowed by a probationary license, judicial
16driving permit, restricted driving permit or monitoring device
17driving permit the Secretary shall extend the suspension for
18the same period of time as the originally imposed suspension
19unless the suspension has already expired, in which case the
20Secretary shall be authorized to suspend the person's driving
21privileges for the same period of time as the originally
22imposed suspension.
23    (b-2) Except as provided in subsection (b-6), upon
24receiving a report of the conviction of any violation
25indicating a person was operating a motor vehicle when the
26person's driver's license, permit or privilege was revoked by

 

 

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1the Secretary of State or the driver's license administrator of
2any other state, except as specifically allowed by a restricted
3driving permit issued pursuant to this Code or the law of
4another state, the Secretary shall not issue a driver's license
5for an additional period of one year from the date of such
6conviction indicating such person was operating a vehicle
7during such period of revocation.
8    (b-3) (Blank).
9    (b-4) When the Secretary of State receives a report of a
10conviction of any violation indicating a person was operating a
11motor vehicle that was not equipped with an ignition interlock
12device during a time when the person was prohibited from
13operating a motor vehicle not equipped with such a device, the
14Secretary shall not issue a driver's license to that person for
15an additional period of one year from the date of the
16conviction.
17    (b-5) Any person convicted of violating this Section shall
18serve a minimum term of imprisonment of 30 consecutive days or
19300 hours of community service when the person's driving
20privilege was revoked or suspended as a result of a violation
21of Section 9-3 of the Criminal Code of 1961 or the Criminal
22Code of 2012, relating to the offense of reckless homicide, or
23a similar provision of a law of another state. The court may
24give credit toward the fulfillment of community service hours
25for participation in activities and treatment as determined by
26court services.

 

 

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1    (b-6) Upon receiving a report of a first conviction of
2operating a motor vehicle while the person's driver's license,
3permit or privilege was revoked where the revocation was for a
4violation of Section 9-3 of the Criminal Code of 1961 or the
5Criminal Code of 2012 relating to the offense of reckless
6homicide or a similar out-of-state offense, the Secretary shall
7not issue a driver's license for an additional period of three
8years from the date of such conviction.
9    (c) Except as provided in subsections (c-3) and (c-4), any
10person convicted of violating this Section shall serve a
11minimum term of imprisonment of 10 consecutive days or 30 days
12of community service when the person's driving privilege was
13revoked or suspended as a result of:
14        (1) a violation of Section 11-501 of this Code or a
15    similar provision of a local ordinance relating to the
16    offense of operating or being in physical control of a
17    vehicle while under the influence of alcohol, any other
18    drug or any combination thereof; or
19        (2) a violation of paragraph (b) of Section 11-401 of
20    this Code or a similar provision of a local ordinance
21    relating to the offense of leaving the scene of a motor
22    vehicle accident involving personal injury or death; or
23        (3) a statutory summary suspension or revocation under
24    Section 11-501.1 of this Code.
25    Such sentence of imprisonment or community service shall
26not be subject to suspension in order to reduce such sentence.

 

 

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1    (c-1) Except as provided in subsections (c-5) and (d), any
2person convicted of a second violation of this Section shall be
3ordered by the court to serve a minimum of 100 hours of
4community service. The court may give credit toward the
5fulfillment of community service hours for participation in
6activities and treatment as determined by court services.
7    (c-2) In addition to other penalties imposed under this
8Section, the court may impose on any person convicted a fourth
9time of violating this Section any of the following:
10        (1) Seizure of the license plates of the person's
11    vehicle.
12        (2) Immobilization of the person's vehicle for a period
13    of time to be determined by the court.
14    (c-3) Any person convicted of a violation of this Section
15during a period of summary suspension imposed pursuant to
16Section 11-501.1 when the person was eligible for a MDDP shall
17be guilty of a Class 4 felony and shall serve a minimum term of
18imprisonment of 30 days.
19    (c-4) Any person who has been issued a MDDP or a restricted
20driving permit which requires the person to operate only motor
21vehicles equipped with an ignition interlock device and who is
22convicted of a violation of this Section as a result of
23operating or being in actual physical control of a motor
24vehicle not equipped with an ignition interlock device at the
25time of the offense shall be guilty of a Class 4 felony and
26shall serve a minimum term of imprisonment of 30 days.

 

 

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1    (c-5) Any person convicted of a second violation of this
2Section is guilty of a Class 2 felony, is not eligible for
3probation or conditional discharge, and shall serve a mandatory
4term of imprisonment, if:
5         (1) the current violation occurred when the person's
6    driver's license was suspended or revoked for a violation
7    of Section 9-3 of the Criminal Code of 1961 or the Criminal
8    Code of 2012, relating to the offense of reckless homicide,
9    or a similar out-of-state offense; and
10        (2) the prior conviction under this Section occurred
11    while the person's driver's license was suspended or
12    revoked for a violation of Section 9-3 of the Criminal Code
13    of 1961 or the Criminal Code of 2012 relating to the
14    offense of reckless homicide, or a similar out-of-state
15    offense, or was suspended or revoked for a violation of
16    Section 11-401 or 11-501 of this Code, a similar
17    out-of-state offense, a similar provision of a local
18    ordinance, or a statutory summary suspension or revocation
19    under Section 11-501.1 of this Code.
20    (d) Any person convicted of a second violation of this
21Section shall be guilty of a Class 4 felony and shall serve a
22minimum term of imprisonment of 30 days or 300 hours of
23community service, as determined by the court, if:
24        (1) the current violation occurred when the person's
25    driver's license was suspended or revoked for a violation
26    of Section 11-401 or 11-501 of this Code, a similar

 

 

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1    out-of-state offense, a similar provision of a local
2    ordinance, or a statutory summary suspension or revocation
3    under Section 11-501.1 of this Code; and
4        (2) the prior conviction under this Section occurred
5    while the person's driver's license was suspended or
6    revoked for a violation of Section 11-401 or 11-501 of this
7    Code, a similar out-of-state offense, a similar provision
8    of a local ordinance, or a statutory summary suspension or
9    revocation under Section 11-501.1 of this Code, or for a
10    violation of Section 9-3 of the Criminal Code of 1961 or
11    the Criminal Code of 2012, relating to the offense of
12    reckless homicide, or a similar out-of-state offense.
13        (3) The court may give credit toward the fulfillment of
14    community service hours for participation in activities
15    and treatment as determined by court services.
16    (d-1) Except as provided in subsections (d-2), (d-2.5), and
17(d-3), any person convicted of a third or subsequent violation
18of this Section shall serve a minimum term of imprisonment of
1930 days or 300 hours of community service, as determined by the
20court. The court may give credit toward the fulfillment of
21community service hours for participation in activities and
22treatment as determined by court services.
23    (d-2) Any person convicted of a third violation of this
24Section is guilty of a Class 4 felony and must serve a minimum
25term of imprisonment of 30 days, if:
26        (1) the current violation occurred when the person's

 

 

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1    driver's license was suspended or revoked for a violation
2    of Section 11-401 or 11-501 of this Code, or a similar
3    out-of-state offense, or a similar provision of a local
4    ordinance, or a statutory summary suspension or revocation
5    under Section 11-501.1 of this Code; and
6        (2) the prior convictions under this Section occurred
7    while the person's driver's license was suspended or
8    revoked for a violation of Section 11-401 or 11-501 of this
9    Code, a similar out-of-state offense, a similar provision
10    of a local ordinance, or a statutory summary suspension or
11    revocation under Section 11-501.1 of this Code, or for a
12    violation of Section 9-3 of the Criminal Code of 1961 or
13    the Criminal Code of 2012, relating to the offense of
14    reckless homicide, or a similar out-of-state offense.
15    (d-2.5) Any person convicted of a third violation of this
16Section is guilty of a Class 1 felony, is not eligible for
17probation or conditional discharge, and must serve a mandatory
18term of imprisonment, if:
19        (1) the current violation occurred while the person's
20    driver's license was suspended or revoked for a violation
21    of Section 9-3 of the Criminal Code of 1961 or the Criminal
22    Code of 2012, relating to the offense of reckless homicide,
23    or a similar out-of-state offense. The person's driving
24    privileges shall be revoked for the remainder of the
25    person's life; and
26        (2) the prior convictions under this Section occurred

 

 

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1    while the person's driver's license was suspended or
2    revoked for a violation of Section 9-3 of the Criminal Code
3    of 1961 or the Criminal Code of 2012, relating to the
4    offense of reckless homicide, or a similar out-of-state
5    offense, or was suspended or revoked for a violation of
6    Section 11-401 or 11-501 of this Code, a similar
7    out-of-state offense, a similar provision of a local
8    ordinance, or a statutory summary suspension or revocation
9    under Section 11-501.1 of this Code.
10    (d-3) Any person convicted of a fourth, fifth, sixth,
11seventh, eighth, or ninth violation of this Section is guilty
12of a Class 4 felony and must serve a minimum term of
13imprisonment of 180 days, if:
14        (1) the current violation occurred when the person's
15    driver's license was suspended or revoked for a violation
16    of Section 11-401 or 11-501 of this Code, a similar
17    out-of-state offense, a similar provision of a local
18    ordinance, or a statutory summary suspension or revocation
19    under Section 11-501.1 of this Code; and
20        (2) the prior convictions under this Section occurred
21    while the person's driver's license was suspended or
22    revoked for a violation of Section 11-401 or 11-501 of this
23    Code, a similar out-of-state offense, a similar provision
24    of a local ordinance, or a statutory summary suspension or
25    revocation under Section 11-501.1 of this Code, or for a
26    violation of Section 9-3 of the Criminal Code of 1961 or

 

 

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1    the Criminal Code of 2012, relating to the offense of
2    reckless homicide, or a similar out-of-state offense.
3    (d-3.5) Any person convicted of a fourth or subsequent
4violation of this Section is guilty of a Class 1 felony, is not
5eligible for probation or conditional discharge, and must serve
6a mandatory term of imprisonment, and is eligible for an
7extended term, if:
8        (1) the current violation occurred when the person's
9    driver's license was suspended or revoked for a violation
10    of Section 9-3 of the Criminal Code of 1961 or the Criminal
11    Code of 2012, relating to the offense of reckless homicide,
12    or a similar out-of-state offense; and
13        (2) the prior convictions under this Section occurred
14    while the person's driver's license was suspended or
15    revoked for a violation of Section 9-3 of the Criminal Code
16    of 1961 or the Criminal Code of 2012, relating to the
17    offense of reckless homicide, or a similar out-of-state
18    offense, or was suspended or revoked for a violation of
19    Section 11-401 or 11-501 of this Code, a similar
20    out-of-state offense, a similar provision of a local
21    ordinance, or a statutory summary suspension or revocation
22    under Section 11-501.1 of this Code.
23    (d-4) Any person convicted of a tenth, eleventh, twelfth,
24thirteenth, or fourteenth violation of this Section is guilty
25of a Class 3 felony, and is not eligible for probation or
26conditional discharge, if:

 

 

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1        (1) the current violation occurred when the person's
2    driver's license was suspended or revoked for a violation
3    of Section 11-401 or 11-501 of this Code, or a similar
4    out-of-state offense, or a similar provision of a local
5    ordinance, or a statutory summary suspension or revocation
6    under Section 11-501.1 of this Code; and
7        (2) the prior convictions under this Section occurred
8    while the person's driver's license was suspended or
9    revoked for a violation of Section 11-401 or 11-501 of this
10    Code, a similar out-of-state offense, a similar provision
11    of a local ordinance, or a statutory suspension or
12    revocation under Section 11-501.1 of this Code, or for a
13    violation of Section 9-3 of the Criminal Code of 1961 or
14    the Criminal Code of 2012, relating to the offense of
15    reckless homicide, or a similar out-of-state offense.
16    (d-5) Any person convicted of a fifteenth or subsequent
17violation of this Section is guilty of a Class 2 felony, and is
18not eligible for probation or conditional discharge, if:
19        (1) the current violation occurred when the person's
20    driver's license was suspended or revoked for a violation
21    of Section 11-401 or 11-501 of this Code, or a similar
22    out-of-state offense, or a similar provision of a local
23    ordinance, or a statutory summary suspension or revocation
24    under Section 11-501.1 of this Code; and
25        (2) the prior convictions under this Section occurred
26    while the person's driver's license was suspended or

 

 

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1    revoked for a violation of Section 11-401 or 11-501 of this
2    Code, a similar out-of-state offense, a similar provision
3    of a local ordinance, or a statutory summary suspension or
4    revocation under Section 11-501.1 of this Code, or for a
5    violation of Section 9-3 of the Criminal Code of 1961 or
6    the Criminal Code of 2012, relating to the offense of
7    reckless homicide, or a similar out-of-state offense.
8    (e) Any person in violation of this Section who is also in
9violation of Section 7-601 of this Code relating to mandatory
10insurance requirements, in addition to other penalties imposed
11under this Section, shall have his or her motor vehicle
12immediately impounded by the arresting law enforcement
13officer. The motor vehicle may be released to any licensed
14driver upon a showing of proof of insurance for the vehicle
15that was impounded and the notarized written consent for the
16release by the vehicle owner.
17    (f) For any prosecution under this Section, a certified
18copy of the driving abstract of the defendant shall be admitted
19as proof of any prior conviction.
20    (g) The motor vehicle used in a violation of this Section
21is subject to seizure and forfeiture as provided in Sections
2236-1 and 36-2 of the Criminal Code of 2012 if the person's
23driving privilege was revoked or suspended as a result of:
24        (1) a violation of Section 11-501 of this Code, a
25    similar provision of a local ordinance, or a similar
26    provision of a law of another state;

 

 

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1        (2) a violation of paragraph (b) of Section 11-401 of
2    this Code, a similar provision of a local ordinance, or a
3    similar provision of a law of another state;
4        (3) a statutory summary suspension or revocation under
5    Section 11-501.1 of this Code or a similar provision of a
6    law of another state; or
7        (4) a violation of Section 9-3 of the Criminal Code of
8    1961 or the Criminal Code of 2012 relating to the offense
9    of reckless homicide, or a similar provision of a law of
10    another state.
11(Source: P.A. 98-285, eff. 1-1-14; 98-418, eff. 8-16-13;
1298-573, eff. 8-27-13; 98-756, eff. 7-16-14; 99-290, eff.
131-1-16.)
 
14    (Text of Section after amendment by P.A. 100-149)
15    Sec. 6-303. Driving while driver's license, permit or
16privilege to operate a motor vehicle is suspended or revoked.
17    (a) Except as otherwise provided in subsection (a-5), any
18person who drives or is in actual physical control of a motor
19vehicle on any highway of this State at a time when such
20person's driver's license, permit or privilege to do so or the
21privilege to obtain a driver's license or permit is revoked or
22suspended as provided by this Code or the law of another state,
23except as may be specifically allowed by a judicial driving
24permit issued prior to January 1, 2009, monitoring device
25driving permit, family financial responsibility driving

 

 

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1permit, probationary license to drive, or a restricted driving
2permit issued pursuant to this Code or under the law of another
3state, shall be guilty of a Class A misdemeanor.
4    (a-3) A second or subsequent violation of subsection (a) of
5this Section is a Class 4 felony if committed by a person whose
6driving or operation of a motor vehicle is the proximate cause
7of a motor vehicle accident that causes personal injury or
8death to another. For purposes of this subsection, a personal
9injury includes any Type A injury as indicated on the traffic
10accident report completed by a law enforcement officer that
11requires immediate professional attention in either a doctor's
12office or a medical facility. A Type A injury includes severe
13bleeding wounds, distorted extremities, and injuries that
14require the injured party to be carried from the scene.
15    (a-5) Any person who violates this Section as provided in
16subsection (a) while his or her driver's license, permit or
17privilege is revoked because of a violation of Section 9-3 of
18the Criminal Code of 1961 or the Criminal Code of 2012,
19relating to the offense of reckless homicide, or a violation of
20subparagraph (F) of paragraph (1) of subsection (d) of Section
2111-501 of this Code, relating to the offense of aggravated
22driving under the influence of alcohol, other drug or drugs, or
23intoxicating compound or compounds, or any combination thereof
24when the violation was a proximate cause of a death, or a
25similar provision of a law of another state, is guilty of a
26Class 4 felony. The person shall be required to undergo a

 

 

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1professional evaluation, as provided in Section 11-501 of this
2Code, to determine if an alcohol, drug, or intoxicating
3compound problem exists and the extent of the problem, and to
4undergo the imposition of treatment as appropriate.
5    (a-10) A person's driver's license, permit, or privilege to
6obtain a driver's license or permit may be subject to multiple
7revocations, multiple suspensions, or any combination of both
8simultaneously. No revocation or suspension shall serve to
9negate, invalidate, cancel, postpone, or in any way lessen the
10effect of any other revocation or suspension entered prior or
11subsequent to any other revocation or suspension.
12    (b) (Blank).
13    (b-1) Upon receiving a report of the conviction of any
14violation indicating a person was operating a motor vehicle
15during the time when the person's driver's license, permit or
16privilege was suspended by the Secretary of State or the
17driver's licensing administrator of another state, except as
18specifically allowed by a probationary license, judicial
19driving permit, restricted driving permit or monitoring device
20driving permit the Secretary shall extend the suspension for
21the same period of time as the originally imposed suspension
22unless the suspension has already expired, in which case the
23Secretary shall be authorized to suspend the person's driving
24privileges for the same period of time as the originally
25imposed suspension.
26    (b-2) Except as provided in subsection (b-6), upon

 

 

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1receiving a report of the conviction of any violation
2indicating a person was operating a motor vehicle when the
3person's driver's license, permit or privilege was revoked by
4the Secretary of State or the driver's license administrator of
5any other state, except as specifically allowed by a restricted
6driving permit issued pursuant to this Code or the law of
7another state, the Secretary shall not issue a driver's license
8for an additional period of one year from the date of such
9conviction indicating such person was operating a vehicle
10during such period of revocation.
11    (b-3) (Blank).
12    (b-4) When the Secretary of State receives a report of a
13conviction of any violation indicating a person was operating a
14motor vehicle that was not equipped with an ignition interlock
15device during a time when the person was prohibited from
16operating a motor vehicle not equipped with such a device, the
17Secretary shall not issue a driver's license to that person for
18an additional period of one year from the date of the
19conviction.
20    (b-5) Any person convicted of violating this Section shall
21serve a minimum term of imprisonment of 30 consecutive days or
22300 hours of community service when the person's driving
23privilege was revoked or suspended as a result of a violation
24of Section 9-3 of the Criminal Code of 1961 or the Criminal
25Code of 2012, relating to the offense of reckless homicide, or
26a violation of subparagraph (F) of paragraph (1) of subsection

 

 

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1(d) of Section 11-501 of this Code, relating to the offense of
2aggravated driving under the influence of alcohol, other drug
3or drugs, or intoxicating compound or compounds, or any
4combination thereof when the violation was a proximate cause of
5a death, or a similar provision of a law of another state. The
6court may give credit toward the fulfillment of community
7service hours for participation in activities and treatment as
8determined by court services.
9    (b-6) Upon receiving a report of a first conviction of
10operating a motor vehicle while the person's driver's license,
11permit or privilege was revoked where the revocation was for a
12violation of Section 9-3 of the Criminal Code of 1961 or the
13Criminal Code of 2012 relating to the offense of reckless
14homicide, or a violation of subparagraph (F) of paragraph (1)
15of subsection (d) of Section 11-501 of this Code, relating to
16the offense of aggravated driving under the influence of
17alcohol, other drug or drugs, or intoxicating compound or
18compounds, or any combination thereof when the violation was a
19proximate cause of a death, or a similar out-of-state offense,
20the Secretary shall not issue a driver's license for an
21additional period of three years from the date of such
22conviction.
23    (c) Except as provided in subsections (c-3) and (c-4), any
24person convicted of violating this Section shall serve a
25minimum term of imprisonment of 10 consecutive days or 30 days
26of community service when the person's driving privilege was

 

 

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1revoked or suspended as a result of:
2        (1) a violation of Section 11-501 of this Code or a
3    similar provision of a local ordinance relating to the
4    offense of operating or being in physical control of a
5    vehicle while under the influence of alcohol, any other
6    drug or any combination thereof; or
7        (2) a violation of paragraph (b) of Section 11-401 of
8    this Code or a similar provision of a local ordinance
9    relating to the offense of leaving the scene of a motor
10    vehicle accident involving personal injury or death; or
11        (3) a statutory summary suspension or revocation under
12    Section 11-501.1 of this Code.
13    Such sentence of imprisonment or community service shall
14not be subject to suspension in order to reduce such sentence.
15    (c-1) Except as provided in subsections (c-5) and (d), any
16person convicted of a second violation of this Section shall be
17ordered by the court to serve a minimum of 100 hours of
18community service. The court may give credit toward the
19fulfillment of community service hours for participation in
20activities and treatment as determined by court services.
21    (c-2) In addition to other penalties imposed under this
22Section, the court may impose on any person convicted a fourth
23time of violating this Section any of the following:
24        (1) Seizure of the license plates of the person's
25    vehicle.
26        (2) Immobilization of the person's vehicle for a period

 

 

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1    of time to be determined by the court.
2    (c-3) Any person convicted of a violation of this Section
3during a period of summary suspension imposed pursuant to
4Section 11-501.1 when the person was eligible for a MDDP shall
5be guilty of a Class 4 felony and shall serve a minimum term of
6imprisonment of 30 days.
7    (c-4) Any person who has been issued a MDDP or a restricted
8driving permit which requires the person to operate only motor
9vehicles equipped with an ignition interlock device and who is
10convicted of a violation of this Section as a result of
11operating or being in actual physical control of a motor
12vehicle not equipped with an ignition interlock device at the
13time of the offense shall be guilty of a Class 4 felony and
14shall serve a minimum term of imprisonment of 30 days.
15    (c-5) Any person convicted of a second violation of this
16Section is guilty of a Class 2 felony, is not eligible for
17probation or conditional discharge, and shall serve a mandatory
18term of imprisonment, if:
19         (1) the current violation occurred when the person's
20    driver's license was suspended or revoked for a violation
21    of Section 9-3 of the Criminal Code of 1961 or the Criminal
22    Code of 2012, relating to the offense of reckless homicide,
23    or a violation of subparagraph (F) of paragraph (1) of
24    subsection (d) of Section 11-501 of this Code, relating to
25    the offense of aggravated driving under the influence of
26    alcohol, other drug or drugs, or intoxicating compound or

 

 

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1    compounds, or any combination thereof when the violation
2    was a proximate cause of a death, or a similar out-of-state
3    offense; and
4        (2) the prior conviction under this Section occurred
5    while the person's driver's license was suspended or
6    revoked for a violation of Section 9-3 of the Criminal Code
7    of 1961 or the Criminal Code of 2012 relating to the
8    offense of reckless homicide, or a violation of
9    subparagraph (F) of paragraph (1) of subsection (d) of
10    Section 11-501 of this Code, relating to the offense of
11    aggravated driving under the influence of alcohol, other
12    drug or drugs, or intoxicating compound or compounds, or
13    any combination thereof when the violation was a proximate
14    cause of a death, or a similar out-of-state offense, or was
15    suspended or revoked for a violation of Section 11-401 or
16    11-501 of this Code, a similar out-of-state offense, a
17    similar provision of a local ordinance, or a statutory
18    summary suspension or revocation under Section 11-501.1 of
19    this Code.
20    (d) Any person convicted of a second violation of this
21Section shall be guilty of a Class 4 felony and shall serve a
22minimum term of imprisonment of 30 days or 300 hours of
23community service, as determined by the court, if:
24        (1) the current violation occurred when the person's
25    driver's license was suspended or revoked for a violation
26    of Section 11-401 or 11-501 of this Code, a similar

 

 

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1    out-of-state offense, a similar provision of a local
2    ordinance, or a statutory summary suspension or revocation
3    under Section 11-501.1 of this Code; and
4        (2) the prior conviction under this Section occurred
5    while the person's driver's license was suspended or
6    revoked for a violation of Section 11-401 or 11-501 of this
7    Code, a similar out-of-state offense, a similar provision
8    of a local ordinance, or a statutory summary suspension or
9    revocation under Section 11-501.1 of this Code, or for a
10    violation of Section 9-3 of the Criminal Code of 1961 or
11    the Criminal Code of 2012, relating to the offense of
12    reckless homicide, or a violation of subparagraph (F) of
13    paragraph (1) of subsection (d) of Section 11-501 of this
14    Code, relating to the offense of aggravated driving under
15    the influence of alcohol, other drug or drugs, or
16    intoxicating compound or compounds, or any combination
17    thereof when the violation was a proximate cause of a
18    death, or a similar out-of-state offense.
19        (3) The court may give credit toward the fulfillment of
20    community service hours for participation in activities
21    and treatment as determined by court services.
22    (d-1) Except as provided in subsections (d-2), (d-2.5), and
23(d-3), any person convicted of a third or subsequent violation
24of this Section shall serve a minimum term of imprisonment of
2530 days or 300 hours of community service, as determined by the
26court. The court may give credit toward the fulfillment of

 

 

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1community service hours for participation in activities and
2treatment as determined by court services.
3    (d-2) Any person convicted of a third violation of this
4Section is guilty of a Class 4 felony and must serve a minimum
5term of imprisonment of 30 days, if:
6        (1) the current violation occurred when the person's
7    driver's license was suspended or revoked for a violation
8    of Section 11-401 or 11-501 of this Code, or a similar
9    out-of-state offense, or a similar provision of a local
10    ordinance, or a statutory summary suspension or revocation
11    under Section 11-501.1 of this Code; and
12        (2) the prior convictions under this Section occurred
13    while the person's driver's license was suspended or
14    revoked for a violation of Section 11-401 or 11-501 of this
15    Code, a similar out-of-state offense, a similar provision
16    of a local ordinance, or a statutory summary suspension or
17    revocation under Section 11-501.1 of this Code, or for a
18    violation of Section 9-3 of the Criminal Code of 1961 or
19    the Criminal Code of 2012, relating to the offense of
20    reckless homicide, or a violation of subparagraph (F) of
21    paragraph (1) of subsection (d) of Section 11-501 of this
22    Code, relating to the offense of aggravated driving under
23    the influence of alcohol, other drug or drugs, or
24    intoxicating compound or compounds, or any combination
25    thereof when the violation was a proximate cause of a
26    death, or a similar out-of-state offense.

 

 

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1    (d-2.5) Any person convicted of a third violation of this
2Section is guilty of a Class 1 felony, is not eligible for
3probation or conditional discharge, and must serve a mandatory
4term of imprisonment, if:
5        (1) the current violation occurred while the person's
6    driver's license was suspended or revoked for a violation
7    of Section 9-3 of the Criminal Code of 1961 or the Criminal
8    Code of 2012, relating to the offense of reckless homicide,
9    or a violation of subparagraph (F) of paragraph (1) of
10    subsection (d) of Section 11-501 of this Code, relating to
11    the offense of aggravated driving under the influence of
12    alcohol, other drug or drugs, or intoxicating compound or
13    compounds, or any combination thereof when the violation
14    was a proximate cause of a death, or a similar out-of-state
15    offense. The person's driving privileges shall be revoked
16    for the remainder of the person's life; and
17        (2) the prior convictions under this Section occurred
18    while the person's driver's license was suspended or
19    revoked for a violation of Section 9-3 of the Criminal Code
20    of 1961 or the Criminal Code of 2012, relating to the
21    offense of reckless homicide, or a violation of
22    subparagraph (F) of paragraph (1) of subsection (d) of
23    Section 11-501 of this Code, relating to the offense of
24    aggravated driving under the influence of alcohol, other
25    drug or drugs, or intoxicating compound or compounds, or
26    any combination thereof when the violation was a proximate

 

 

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1    cause of a death, or a similar out-of-state offense, or was
2    suspended or revoked for a violation of Section 11-401 or
3    11-501 of this Code, a similar out-of-state offense, a
4    similar provision of a local ordinance, or a statutory
5    summary suspension or revocation under Section 11-501.1 of
6    this Code.
7    (d-3) Any person convicted of a fourth, fifth, sixth,
8seventh, eighth, or ninth violation of this Section is guilty
9of a Class 4 felony and must serve a minimum term of
10imprisonment of 180 days, if:
11        (1) the current violation occurred when the person's
12    driver's license was suspended or revoked for a violation
13    of Section 11-401 or 11-501 of this Code, a similar
14    out-of-state offense, a similar provision of a local
15    ordinance, or a statutory summary suspension or revocation
16    under Section 11-501.1 of this Code; and
17        (2) the prior convictions under this Section occurred
18    while the person's driver's license was suspended or
19    revoked for a violation of Section 11-401 or 11-501 of this
20    Code, a similar out-of-state offense, a similar provision
21    of a local ordinance, or a statutory summary suspension or
22    revocation under Section 11-501.1 of this Code, or for a
23    violation of Section 9-3 of the Criminal Code of 1961 or
24    the Criminal Code of 2012, relating to the offense of
25    reckless homicide, or a violation of subparagraph (F) of
26    paragraph (1) of subsection (d) of Section 11-501 of this

 

 

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1    Code, relating to the offense of aggravated driving under
2    the influence of alcohol, other drug or drugs, or
3    intoxicating compound or compounds, or any combination
4    thereof when the violation was a proximate cause of a
5    death, or a similar out-of-state offense.
6    (d-3.5) Any person convicted of a fourth or subsequent
7violation of this Section is guilty of a Class 1 felony, is not
8eligible for probation or conditional discharge, and must serve
9a mandatory term of imprisonment, and is eligible for an
10extended term, if:
11        (1) the current violation occurred when the person's
12    driver's license was suspended or revoked for a violation
13    of Section 9-3 of the Criminal Code of 1961 or the Criminal
14    Code of 2012, relating to the offense of reckless homicide,
15    or a violation of subparagraph (F) of paragraph (1) of
16    subsection (d) of Section 11-501 of this Code, relating to
17    the offense of aggravated driving under the influence of
18    alcohol, other drug or drugs, or intoxicating compound or
19    compounds, or any combination thereof when the violation
20    was a proximate cause of a death, or a similar out-of-state
21    offense; and
22        (2) the prior convictions under this Section occurred
23    while the person's driver's license was suspended or
24    revoked for a violation of Section 9-3 of the Criminal Code
25    of 1961 or the Criminal Code of 2012, relating to the
26    offense of reckless homicide, or a violation of

 

 

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1    subparagraph (F) of paragraph (1) of subsection (d) of
2    Section 11-501 of this Code, relating to the offense of
3    aggravated driving under the influence of alcohol, other
4    drug or drugs, or intoxicating compound or compounds, or
5    any combination thereof when the violation was a proximate
6    cause of a death, or a similar out-of-state offense, or was
7    suspended or revoked for a violation of Section 11-401 or
8    11-501 of this Code, a similar out-of-state offense, a
9    similar provision of a local ordinance, or a statutory
10    summary suspension or revocation under Section 11-501.1 of
11    this Code.
12    (d-4) Any person convicted of a tenth, eleventh, twelfth,
13thirteenth, or fourteenth violation of this Section is guilty
14of a Class 3 felony, and is not eligible for probation or
15conditional discharge, if:
16        (1) the current violation occurred when the person's
17    driver's license was suspended or revoked for a violation
18    of Section 11-401 or 11-501 of this Code, or a similar
19    out-of-state offense, or a similar provision of a local
20    ordinance, or a statutory summary suspension or revocation
21    under Section 11-501.1 of this Code; and
22        (2) the prior convictions under this Section occurred
23    while the person's driver's license was suspended or
24    revoked for a violation of Section 11-401 or 11-501 of this
25    Code, a similar out-of-state offense, a similar provision
26    of a local ordinance, or a statutory suspension or

 

 

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1    revocation under Section 11-501.1 of this Code, or for a
2    violation of Section 9-3 of the Criminal Code of 1961 or
3    the Criminal Code of 2012, relating to the offense of
4    reckless homicide, or a violation of subparagraph (F) of
5    paragraph (1) of subsection (d) of Section 11-501 of this
6    Code, relating to the offense of aggravated driving under
7    the influence of alcohol, other drug or drugs, or
8    intoxicating compound or compounds, or any combination
9    thereof when the violation was a proximate cause of a
10    death, or a similar out-of-state offense.
11    (d-5) Any person convicted of a fifteenth or subsequent
12violation of this Section is guilty of a Class 2 felony, and is
13not eligible for probation or conditional discharge, if:
14        (1) the current violation occurred when the person's
15    driver's license was suspended or revoked for a violation
16    of Section 11-401 or 11-501 of this Code, or a similar
17    out-of-state offense, or a similar provision of a local
18    ordinance, or a statutory summary suspension or revocation
19    under Section 11-501.1 of this Code; and
20        (2) the prior convictions under this Section occurred
21    while the person's driver's license was suspended or
22    revoked for a violation of Section 11-401 or 11-501 of this
23    Code, a similar out-of-state offense, a similar provision
24    of a local ordinance, or a statutory summary suspension or
25    revocation under Section 11-501.1 of this Code, or for a
26    violation of Section 9-3 of the Criminal Code of 1961 or

 

 

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1    the Criminal Code of 2012, relating to the offense of
2    reckless homicide, or a violation of subparagraph (F) of
3    paragraph (1) of subsection (d) of Section 11-501 of this
4    Code, relating to the offense of aggravated driving under
5    the influence of alcohol, other drug or drugs, or
6    intoxicating compound or compounds, or any combination
7    thereof when the violation was a proximate cause of a
8    death, or a similar out-of-state offense.
9    (e) Any person in violation of this Section who is also in
10violation of Section 7-601 of this Code relating to mandatory
11insurance requirements, in addition to other penalties imposed
12under this Section, shall have his or her motor vehicle
13immediately impounded by the arresting law enforcement
14officer. The motor vehicle may be released to any licensed
15driver upon a showing of proof of insurance for the vehicle
16that was impounded and the notarized written consent for the
17release by the vehicle owner.
18    (f) For any prosecution under this Section, a certified
19copy of the driving abstract of the defendant shall be admitted
20as proof of any prior conviction.
21    (g) The motor vehicle used in a violation of this Section
22is subject to seizure and forfeiture as provided in Sections
2336-1 and 36-2 of the Criminal Code of 2012 if the person's
24driving privilege was revoked or suspended as a result of:
25        (1) a violation of Section 11-501 of this Code, a
26    similar provision of a local ordinance, or a similar

 

 

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1    provision of a law of another state;
2        (2) a violation of paragraph (b) of Section 11-401 of
3    this Code, a similar provision of a local ordinance, or a
4    similar provision of a law of another state;
5        (3) a statutory summary suspension or revocation under
6    Section 11-501.1 of this Code or a similar provision of a
7    law of another state; or
8        (4) a violation of Section 9-3 of the Criminal Code of
9    1961 or the Criminal Code of 2012 relating to the offense
10    of reckless homicide, or a violation of subparagraph (F) of
11    paragraph (1) of subsection (d) of Section 11-501 of this
12    Code, relating to the offense of aggravated driving under
13    the influence of alcohol, other drug or drugs, or
14    intoxicating compound or compounds, or any combination
15    thereof when the violation was a proximate cause of a
16    death, or a similar provision of a law of another state.
17(Source: P.A. 99-290, eff. 1-1-16; 100-149, eff. 1-1-18.)
 
18    Section 15. The Cannabis Control Act is amended by changing
19Section 10 as follows:
 
20    (720 ILCS 550/10)  (from Ch. 56 1/2, par. 710)
21    (Text of Section before amendment by P.A. 100-3)
22    Sec. 10. (a) Whenever any person who has not previously
23been convicted of, or placed on probation or court supervision
24for, any offense under this Act or any law of the United States

 

 

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1or of any State relating to cannabis, or controlled substances
2as defined in the Illinois Controlled Substances Act, pleads
3guilty to or is found guilty of violating Sections 4(a), 4(b),
44(c), 5(a), 5(b), 5(c) or 8 of this Act, the court may, without
5entering a judgment and with the consent of such person,
6sentence him to probation.
7    (b) When a person is placed on probation, the court shall
8enter an order specifying a period of probation of 24 months,
9and shall defer further proceedings in the case until the
10conclusion of the period or until the filing of a petition
11alleging violation of a term or condition of probation.
12    (c) The conditions of probation shall be that the person:
13(1) not violate any criminal statute of any jurisdiction; (2)
14refrain from possession of a firearm or other dangerous weapon;
15(3) submit to periodic drug testing at a time and in a manner
16as ordered by the court, but no less than 3 times during the
17period of the probation, with the cost of the testing to be
18paid by the probationer; and (4) perform no less than 30 hours
19of community service, provided community service is available
20in the jurisdiction and is funded and approved by the county
21board. The court may give credit toward the fulfillment of
22community service hours for participation in activities and
23treatment as determined by court services.
24    (d) The court may, in addition to other conditions, require
25that the person:
26        (1) make a report to and appear in person before or

 

 

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1    participate with the court or such courts, person, or
2    social service agency as directed by the court in the order
3    of probation;
4        (2) pay a fine and costs;
5        (3) work or pursue a course of study or vocational
6    training;
7        (4) undergo medical or psychiatric treatment; or
8    treatment for drug addiction or alcoholism;
9        (5) attend or reside in a facility established for the
10    instruction or residence of defendants on probation;
11        (6) support his dependents;
12        (7) refrain from possessing a firearm or other
13    dangerous weapon;
14        (7-5) refrain from having in his or her body the
15    presence of any illicit drug prohibited by the Cannabis
16    Control Act, the Illinois Controlled Substances Act, or the
17    Methamphetamine Control and Community Protection Act,
18    unless prescribed by a physician, and submit samples of his
19    or her blood or urine or both for tests to determine the
20    presence of any illicit drug;
21        (8) and in addition, if a minor:
22            (i) reside with his parents or in a foster home;
23            (ii) attend school;
24            (iii) attend a non-residential program for youth;
25            (iv) contribute to his own support at home or in a
26        foster home.

 

 

SB1607 Enrolled- 38 -LRB100 11093 RLC 21351 b

1    (e) Upon violation of a term or condition of probation, the
2court may enter a judgment on its original finding of guilt and
3proceed as otherwise provided.
4    (f) Upon fulfillment of the terms and conditions of
5probation, the court shall discharge such person and dismiss
6the proceedings against him.
7    (g) A disposition of probation is considered to be a
8conviction for the purposes of imposing the conditions of
9probation and for appeal, however, discharge and dismissal
10under this Section is not a conviction for purposes of
11disqualification or disabilities imposed by law upon
12conviction of a crime (including the additional penalty imposed
13for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d)
14of this Act).
15    (h) Discharge and dismissal under this Section, Section 410
16of the Illinois Controlled Substances Act, Section 70 of the
17Methamphetamine Control and Community Protection Act, Section
185-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or
19subsection (c) of Section 11-14 of the Criminal Code of 1961 or
20the Criminal Code of 2012 may occur only once with respect to
21any person.
22    (i) If a person is convicted of an offense under this Act,
23the Illinois Controlled Substances Act, or the Methamphetamine
24Control and Community Protection Act within 5 years subsequent
25to a discharge and dismissal under this Section, the discharge
26and dismissal under this Section shall be admissible in the

 

 

SB1607 Enrolled- 39 -LRB100 11093 RLC 21351 b

1sentencing proceeding for that conviction as a factor in
2aggravation.
3    (j) Notwithstanding subsection (a), before a person is
4sentenced to probation under this Section, the court may refer
5the person to the drug court established in that judicial
6circuit pursuant to Section 15 of the Drug Court Treatment Act.
7The drug court team shall evaluate the person's likelihood of
8successfully completing a sentence of probation under this
9Section and shall report the results of its evaluation to the
10court. If the drug court team finds that the person suffers
11from a substance abuse problem that makes him or her
12substantially unlikely to successfully complete a sentence of
13probation under this Section, then the drug court shall set
14forth its findings in the form of a written order, and the
15person shall not be sentenced to probation under this Section,
16but may be considered for the drug court program.
17(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
 
18    (Text of Section after amendment by P.A. 100-3)
19    Sec. 10. (a) Whenever any person who has not previously
20been convicted of any felony offense under this Act or any law
21of the United States or of any State relating to cannabis, or
22controlled substances as defined in the Illinois Controlled
23Substances Act, pleads guilty to or is found guilty of
24violating Sections 4(a), 4(b), 4(c), 5(a), 5(b), 5(c) or 8 of
25this Act, the court may, without entering a judgment and with

 

 

SB1607 Enrolled- 40 -LRB100 11093 RLC 21351 b

1the consent of such person, sentence him to probation.
2    (b) When a person is placed on probation, the court shall
3enter an order specifying a period of probation of 24 months,
4and shall defer further proceedings in the case until the
5conclusion of the period or until the filing of a petition
6alleging violation of a term or condition of probation.
7    (c) The conditions of probation shall be that the person:
8(1) not violate any criminal statute of any jurisdiction; (2)
9refrain from possession of a firearm or other dangerous weapon;
10(3) submit to periodic drug testing at a time and in a manner
11as ordered by the court, but no less than 3 times during the
12period of the probation, with the cost of the testing to be
13paid by the probationer; and (4) perform no less than 30 hours
14of community service, provided community service is available
15in the jurisdiction and is funded and approved by the county
16board. The court may give credit toward the fulfillment of
17community service hours for participation in activities and
18treatment as determined by court services.
19    (d) The court may, in addition to other conditions, require
20that the person:
21        (1) make a report to and appear in person before or
22    participate with the court or such courts, person, or
23    social service agency as directed by the court in the order
24    of probation;
25        (2) pay a fine and costs;
26        (3) work or pursue a course of study or vocational

 

 

SB1607 Enrolled- 41 -LRB100 11093 RLC 21351 b

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

 

 

SB1607 Enrolled- 42 -LRB100 11093 RLC 21351 b

1the proceedings against him.
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
6disqualification or disabilities imposed by law upon
7conviction of a crime (including the additional penalty imposed
8for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d)
9of this Act).
10    (h) A person may not have more than one discharge and
11dismissal under this Section within a 4-year period.
12    (i) If a person is convicted of an offense under this Act,
13the Illinois Controlled Substances Act, or the Methamphetamine
14Control and Community Protection Act within 5 years subsequent
15to a discharge and dismissal under this Section, the discharge
16and dismissal under this Section shall be admissible in the
17sentencing proceeding for that conviction as a factor in
18aggravation.
19    (j) Notwithstanding subsection (a), before a person is
20sentenced to probation under this Section, the court may refer
21the person to the drug court established in that judicial
22circuit pursuant to Section 15 of the Drug Court Treatment Act.
23The drug court team shall evaluate the person's likelihood of
24successfully completing a sentence of probation under this
25Section and shall report the results of its evaluation to the
26court. If the drug court team finds that the person suffers

 

 

SB1607 Enrolled- 43 -LRB100 11093 RLC 21351 b

1from a substance abuse problem that makes him or her
2substantially unlikely to successfully complete a sentence of
3probation under this Section, then the drug court shall set
4forth its findings in the form of a written order, and the
5person shall not be sentenced to probation under this Section,
6but shall be considered for the drug court program.
7(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18.)
 
8    Section 20. The Illinois Controlled Substances Act is
9amended by changing Section 410 as follows:
 
10    (720 ILCS 570/410)  (from Ch. 56 1/2, par. 1410)
11    (Text of Section before amendment by P.A. 100-3)
12    Sec. 410. (a) Whenever any person who has not previously
13been convicted of, or placed on probation or court supervision
14for any offense under this 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 a
17controlled or counterfeit substance under subsection (c) of
18Section 402 or of unauthorized possession of prescription form
19under Section 406.2, the court, without entering a judgment and
20with the consent of such person, may sentence him or her to
21probation.
22    (b) When a person is placed on probation, the court shall
23enter an order specifying a period of probation of 24 months
24and shall defer further proceedings in the case until the

 

 

SB1607 Enrolled- 44 -LRB100 11093 RLC 21351 b

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

 

 

SB1607 Enrolled- 45 -LRB100 11093 RLC 21351 b

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

 

 

SB1607 Enrolled- 46 -LRB100 11093 RLC 21351 b

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

 

 

SB1607 Enrolled- 47 -LRB100 11093 RLC 21351 b

1probation under this Section, then the drug court shall set
2forth its findings in the form of a written order, and the
3person shall not be sentenced to probation under this Section,
4but may be considered for the drug court program.
5(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
 
6    (Text of Section after amendment by P.A. 100-3)
7    Sec. 410. (a) Whenever any person who has not previously
8been convicted of any felony offense under this Act or any law
9of the United States or of any State relating to cannabis or
10controlled substances, pleads guilty to or is found guilty of
11possession of a controlled or counterfeit substance under
12subsection (c) of Section 402 or of unauthorized possession of
13prescription form under Section 406.2, the court, without
14entering a judgment and with the consent of such person, may
15sentence him or her 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.
21    (c) The conditions of probation shall be that the person:
22(1) not violate any criminal statute of any jurisdiction; (2)
23refrain from possessing a firearm or other dangerous weapon;
24(3) submit to periodic drug testing at a time and in a manner
25as ordered by the court, but no less than 3 times during the

 

 

SB1607 Enrolled- 48 -LRB100 11093 RLC 21351 b

1period of the probation, with the cost of the testing to be
2paid by the probationer; and (4) perform no less than 30 hours
3of community service, provided community service is available
4in the jurisdiction and is funded and approved by the county
5board. The court may give credit toward the fulfillment of
6community service hours for participation in activities and
7treatment as determined by court services.
8    (d) The court may, in addition to other conditions, require
9that the person:
10        (1) make a report to and appear in person before or
11    participate with the court or such courts, person, or
12    social service agency as directed by the court in the order
13    of probation;
14        (2) pay a fine and costs;
15        (3) work or pursue a course of study or vocational
16    training;
17        (4) undergo medical or psychiatric treatment; or
18    treatment or rehabilitation approved by the Illinois
19    Department of Human Services;
20        (5) attend or reside in a facility established for the
21    instruction or residence of defendants on probation;
22        (6) support his or her dependents;
23        (6-5) refrain from having in his or her body the
24    presence of any illicit drug prohibited by the Cannabis
25    Control Act, the Illinois Controlled Substances Act, or the
26    Methamphetamine Control and Community Protection Act,

 

 

SB1607 Enrolled- 49 -LRB100 11093 RLC 21351 b

1    unless prescribed by a physician, and submit samples of his
2    or her blood or urine or both for tests to determine the
3    presence of any illicit drug;
4        (7) and in addition, if a minor:
5            (i) reside with his or her parents or in a foster
6        home;
7            (ii) attend school;
8            (iii) attend a non-residential program for youth;
9            (iv) contribute to his or her own support at home
10        or in a foster home.
11    (e) Upon violation of a term or condition of probation, the
12court may enter a judgment on its original finding of guilt and
13proceed as otherwise provided.
14    (f) Upon fulfillment of the terms and conditions of
15probation, the court shall discharge the person and dismiss the
16proceedings against him or her.
17    (g) A disposition of probation is considered to be a
18conviction for the purposes of imposing the conditions of
19probation and for appeal, however, discharge and dismissal
20under this Section is not a conviction for purposes of this Act
21or for purposes of disqualifications or disabilities imposed by
22law upon conviction of a crime.
23    (h) A person may not have more than one discharge and
24dismissal under this Section within a 4-year period.
25    (i) If a person is convicted of an offense under this Act,
26the Cannabis Control Act, or the Methamphetamine Control and

 

 

SB1607 Enrolled- 50 -LRB100 11093 RLC 21351 b

1Community Protection Act within 5 years subsequent to a
2discharge and dismissal under this Section, the discharge and
3dismissal under this Section shall be admissible in the
4sentencing proceeding for that conviction as evidence in
5aggravation.
6    (j) Notwithstanding subsection (a), before a person is
7sentenced to probation under this Section, the court may refer
8the person to the drug court established in that judicial
9circuit pursuant to Section 15 of the Drug Court Treatment Act.
10The drug court team shall evaluate the person's likelihood of
11successfully completing a sentence of probation under this
12Section and shall report the results of its evaluation to the
13court. If the drug court team finds that the person suffers
14from a substance abuse problem that makes him or her
15substantially unlikely to successfully complete a sentence of
16probation under this Section, then the drug court shall set
17forth its findings in the form of a written order, and the
18person shall not be sentenced to probation under this Section,
19but shall be considered for the drug court program.
20(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18.)
 
21    Section 25. The Methamphetamine Control and Community
22Protection Act is amended by changing Section 70 as follows:
 
23    (720 ILCS 646/70)
24    (Text of Section before amendment by P.A. 100-3)

 

 

SB1607 Enrolled- 51 -LRB100 11093 RLC 21351 b

1    Sec. 70. Probation.
2    (a) Whenever any person who has not previously been
3convicted of, or placed on probation or court supervision for
4any offense under this Act, the Illinois Controlled Substances
5Act, the Cannabis Control Act, or any law of the United States
6or of any state relating to cannabis or controlled substances,
7pleads guilty to or is found guilty of possession of less than
815 grams of methamphetamine under paragraph (1) or (2) of
9subsection (b) of Section 60 of this Act, the court, without
10entering a judgment and with the consent of the person, may
11sentence him or her to probation.
12    (b) When a person is placed on probation, the court shall
13enter an order specifying a period of probation of 24 months
14and shall defer further proceedings in the case until the
15conclusion of the period or until the filing of a petition
16alleging violation of a term or condition of probation.
17    (c) The conditions of probation shall be that the person:
18        (1) not violate any criminal statute of any
19    jurisdiction;
20        (2) refrain from possessing a firearm or other
21    dangerous weapon;
22        (3) submit to periodic drug testing at a time and in a
23    manner as ordered by the court, but no less than 3 times
24    during the period of the probation, with the cost of the
25    testing to be paid by the probationer; and
26        (4) perform no less than 30 hours of community service,

 

 

SB1607 Enrolled- 52 -LRB100 11093 RLC 21351 b

1    if community service is available in the jurisdiction and
2    is funded and approved by the county board. The court may
3    give credit toward the fulfillment of community service
4    hours for participation in activities and treatment as
5    determined by court services.
6    (d) The court may, in addition to other conditions, require
7that the person take one or more of the following actions:
8        (1) make a report to and appear in person before or
9    participate with the court or such courts, person, or
10    social service agency as directed by the court in the order
11    of probation;
12        (2) pay a fine and costs;
13        (3) work or pursue a course of study or vocational
14    training;
15        (4) undergo medical or psychiatric treatment; or
16    treatment or rehabilitation approved by the Illinois
17    Department of Human Services;
18        (5) attend or reside in a facility established for the
19    instruction or residence of defendants on probation;
20        (6) support his or her dependents;
21        (7) refrain from having in his or her body the presence
22    of any illicit drug prohibited by this Act, the Cannabis
23    Control Act, or the Illinois Controlled Substances Act,
24    unless prescribed by a physician, and submit samples of his
25    or her blood or urine or both for tests to determine the
26    presence of any illicit drug; or

 

 

SB1607 Enrolled- 53 -LRB100 11093 RLC 21351 b

1        (8) if a minor:
2            (i) reside with his or her parents or in a foster
3        home;
4            (ii) attend school;
5            (iii) attend a non-residential program for youth;
6        or
7            (iv) contribute to his or her own support at home
8        or in a foster home.
9    (e) Upon violation of a term or condition of probation, the
10court may enter a judgment on its original finding of guilt and
11proceed as otherwise provided.
12    (f) Upon fulfillment of the terms and conditions of
13probation, the court shall discharge the person and dismiss the
14proceedings against the person.
15    (g) A disposition of probation is considered to be a
16conviction for the purposes of imposing the conditions of
17probation and for appeal, however, discharge and dismissal
18under this Section is not a conviction for purposes of this Act
19or for purposes of disqualifications or disabilities imposed by
20law upon conviction of a crime.
21    (h) There may be only one discharge and dismissal under
22this Section, Section 410 of the Illinois Controlled Substances
23Act, Section 10 of the Cannabis Control Act, Section 5-6-3.3 or
245-6-3.4 of the Unified Code of Corrections, or subsection (c)
25of Section 11-14 of the Criminal Code of 1961 or the Criminal
26Code of 2012 with respect to any person.

 

 

SB1607 Enrolled- 54 -LRB100 11093 RLC 21351 b

1    (i) If a person is convicted of an offense under this Act,
2the Cannabis Control Act, or the Illinois Controlled Substances
3Act within 5 years subsequent to a discharge and dismissal
4under this Section, the discharge and dismissal under this
5Section are admissible in the sentencing proceeding for that
6conviction as evidence in aggravation.
7    (j) Notwithstanding subsection (a), before a person is
8sentenced to probation under this Section, the court may refer
9the person to the drug court established in that judicial
10circuit pursuant to Section 15 of the Drug Court Treatment Act.
11The drug court team shall evaluate the person's likelihood of
12successfully completing a sentence of probation under this
13Section and shall report the results of its evaluation to the
14court. If the drug court team finds that the person suffers
15from a substance abuse problem that makes him or her
16substantially unlikely to successfully complete a sentence of
17probation under this Section, then the drug court shall set
18forth its findings in the form of a written order, and the
19person shall not be sentenced to probation under this Section,
20but may be considered for the drug court program.
21(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
 
22    (Text of Section after amendment by P.A. 100-3)
23    Sec. 70. Probation.
24    (a) Whenever any person who has not previously been
25convicted of any felony offense under this Act, the Illinois

 

 

SB1607 Enrolled- 55 -LRB100 11093 RLC 21351 b

1Controlled Substances Act, the Cannabis Control Act, or any law
2of the United States or of any state relating to cannabis or
3controlled substances, pleads guilty to or is found guilty of
4possession of less than 15 grams of methamphetamine under
5paragraph (1) or (2) of subsection (b) of Section 60 of this
6Act, the court, without entering a judgment and with the
7consent of the person, may sentence him or her to probation.
8    (b) When a person is placed on probation, the court shall
9enter an order specifying a period of probation of 24 months
10and shall defer further proceedings in the case until the
11conclusion of the period or until the filing of a petition
12alleging violation of a term or condition of probation.
13    (c) The conditions of probation shall be that the person:
14        (1) not violate any criminal statute of any
15    jurisdiction;
16        (2) refrain from possessing a firearm or other
17    dangerous weapon;
18        (3) submit to periodic drug testing at a time and in a
19    manner as ordered by the court, but no less than 3 times
20    during the period of the probation, with the cost of the
21    testing to be paid by the probationer; and
22        (4) perform no less than 30 hours of community service,
23    if community service is available in the jurisdiction and
24    is funded and approved by the county board. The court may
25    give credit toward the fulfillment of community service
26    hours for participation in activities and treatment as

 

 

SB1607 Enrolled- 56 -LRB100 11093 RLC 21351 b

1    determined by court services.
2    (d) The court may, in addition to other conditions, require
3that the person take one or more of the following actions:
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 probation;
8        (2) pay a fine and costs;
9        (3) work or pursue a course of study or vocational
10    training;
11        (4) undergo medical or psychiatric treatment; or
12    treatment or rehabilitation approved by the Illinois
13    Department of Human Services;
14        (5) attend or reside in a facility established for the
15    instruction or residence of defendants on probation;
16        (6) support his or her dependents;
17        (7) refrain from having in his or her body the presence
18    of any illicit drug prohibited by this Act, the Cannabis
19    Control Act, or the Illinois Controlled Substances Act,
20    unless prescribed by a physician, and submit samples of his
21    or her blood or urine or both for tests to determine the
22    presence of any illicit drug; or
23        (8) if a minor:
24            (i) reside with his or her parents or in a foster
25        home;
26            (ii) attend school;

 

 

SB1607 Enrolled- 57 -LRB100 11093 RLC 21351 b

1            (iii) attend a non-residential program for youth;
2        or
3            (iv) contribute to his or her own support at home
4        or in a foster home.
5    (e) Upon violation of a term or condition of probation, the
6court may enter a judgment on its original finding of guilt and
7proceed as otherwise provided.
8    (f) Upon fulfillment of the terms and conditions of
9probation, the court shall discharge the person and dismiss the
10proceedings against the person.
11    (g) A disposition of probation is considered to be a
12conviction for the purposes of imposing the conditions of
13probation and for appeal, however, discharge and dismissal
14under this Section is not a conviction for purposes of this Act
15or for purposes of disqualifications or disabilities imposed by
16law upon conviction of a crime.
17    (h) A person may not have more than one discharge and
18dismissal under this Section within a 4-year period.
19    (i) If a person is convicted of an offense under this Act,
20the Cannabis Control Act, or the Illinois Controlled Substances
21Act within 5 years subsequent to a discharge and dismissal
22under this Section, the discharge and dismissal under this
23Section are admissible in the sentencing proceeding for that
24conviction as evidence in aggravation.
25    (j) Notwithstanding subsection (a), before a person is
26sentenced to probation under this Section, the court may refer

 

 

SB1607 Enrolled- 58 -LRB100 11093 RLC 21351 b

1the person to the drug court established in that judicial
2circuit pursuant to Section 15 of the Drug Court Treatment Act.
3The drug court team shall evaluate the person's likelihood of
4successfully completing a sentence of probation under this
5Section and shall report the results of its evaluation to the
6court. If the drug court team finds that the person suffers
7from a substance abuse problem that makes him or her
8substantially unlikely to successfully complete a sentence of
9probation under this Section, then the drug court shall set
10forth its findings in the form of a written order, and the
11person shall not be sentenced to probation under this Section,
12but shall be considered for the drug court program.
13(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18.)
 
14    Section 30. The Unified Code of Corrections is amended by
15changing Sections 3-3-7, 3-6-3, 5-5-3, 5-6-3, 5-6-3.3,
165-6-3.4, and 5-8A-3 and by adding Section 5-8A-4.2 as follows:
 
17    (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
18    (Text of Section before amendment by P.A. 100-260)
19    Sec. 3-3-7. Conditions of parole or mandatory supervised
20release.
21    (a) The conditions of parole or mandatory supervised
22release shall be such as the Prisoner Review Board deems
23necessary to assist the subject in leading a law-abiding life.
24The conditions of every parole and mandatory supervised release

 

 

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1are that the subject:
2        (1) not violate any criminal statute of any
3    jurisdiction during the parole or release term;
4        (2) refrain from possessing a firearm or other
5    dangerous weapon;
6        (3) report to an agent of the Department of
7    Corrections;
8        (4) permit the agent to visit him or her at his or her
9    home, employment, or elsewhere to the extent necessary for
10    the agent to discharge his or her duties;
11        (5) attend or reside in a facility established for the
12    instruction or residence of persons on parole or mandatory
13    supervised release;
14        (6) secure permission before visiting or writing a
15    committed person in an Illinois Department of Corrections
16    facility;
17        (7) report all arrests to an agent of the Department of
18    Corrections as soon as permitted by the arresting authority
19    but in no event later than 24 hours after release from
20    custody and immediately report service or notification of
21    an order of protection, a civil no contact order, or a
22    stalking no contact order to an agent of the Department of
23    Corrections;
24        (7.5) if convicted of a sex offense as defined in the
25    Sex Offender Management Board Act, the individual shall
26    undergo and successfully complete sex offender treatment

 

 

SB1607 Enrolled- 60 -LRB100 11093 RLC 21351 b

1    conducted in conformance with the standards developed by
2    the Sex Offender Management Board Act by a treatment
3    provider approved by the Board;
4        (7.6) if convicted of a sex offense as defined in the
5    Sex Offender Management Board Act, refrain from residing at
6    the same address or in the same condominium unit or
7    apartment unit or in the same condominium complex or
8    apartment complex with another person he or she knows or
9    reasonably should know is a convicted sex offender or has
10    been placed on supervision for a sex offense; the
11    provisions of this paragraph do not apply to a person
12    convicted of a sex offense who is placed in a Department of
13    Corrections licensed transitional housing facility for sex
14    offenders, or is in any facility operated or licensed by
15    the Department of Children and Family Services or by the
16    Department of Human Services, or is in any licensed medical
17    facility;
18        (7.7) if convicted for an offense that would qualify
19    the accused as a sexual predator under the Sex Offender
20    Registration Act on or after January 1, 2007 (the effective
21    date of Public Act 94-988), wear an approved electronic
22    monitoring device as defined in Section 5-8A-2 for the
23    duration of the person's parole, mandatory supervised
24    release term, or extended mandatory supervised release
25    term and if convicted for an offense of criminal sexual
26    assault, aggravated criminal sexual assault, predatory

 

 

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1    criminal sexual assault of a child, criminal sexual abuse,
2    aggravated criminal sexual abuse, or ritualized abuse of a
3    child committed on or after August 11, 2009 (the effective
4    date of Public Act 96-236) when the victim was under 18
5    years of age at the time of the commission of the offense
6    and the defendant used force or the threat of force in the
7    commission of the offense wear an approved electronic
8    monitoring device as defined in Section 5-8A-2 that has
9    Global Positioning System (GPS) capability for the
10    duration of the person's parole, mandatory supervised
11    release term, or extended mandatory supervised release
12    term;
13        (7.8) if convicted for an offense committed on or after
14    June 1, 2008 (the effective date of Public Act 95-464) that
15    would qualify the accused as a child sex offender as
16    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
17    1961 or the Criminal Code of 2012, refrain from
18    communicating with or contacting, by means of the Internet,
19    a person who is not related to the accused and whom the
20    accused reasonably believes to be under 18 years of age;
21    for purposes of this paragraph (7.8), "Internet" has the
22    meaning ascribed to it in Section 16-0.1 of the Criminal
23    Code of 2012; and a person is not related to the accused if
24    the person is not: (i) the spouse, brother, or sister of
25    the accused; (ii) a descendant of the accused; (iii) a
26    first or second cousin of the accused; or (iv) a step-child

 

 

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1    or adopted child of the accused;
2        (7.9) if convicted under Section 11-6, 11-20.1,
3    11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or
4    the Criminal Code of 2012, consent to search of computers,
5    PDAs, cellular phones, and other devices under his or her
6    control that are capable of accessing the Internet or
7    storing electronic files, in order to confirm Internet
8    protocol addresses reported in accordance with the Sex
9    Offender Registration Act and compliance with conditions
10    in this Act;
11        (7.10) if convicted for an offense that would qualify
12    the accused as a sex offender or sexual predator under the
13    Sex Offender Registration Act on or after June 1, 2008 (the
14    effective date of Public Act 95-640), not possess
15    prescription drugs for erectile dysfunction;
16        (7.11) if convicted for an offense under Section 11-6,
17    11-9.1, 11-14.4 that involves soliciting for a juvenile
18    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
19    of the Criminal Code of 1961 or the Criminal Code of 2012,
20    or any attempt to commit any of these offenses, committed
21    on or after June 1, 2009 (the effective date of Public Act
22    95-983):
23            (i) not access or use a computer or any other
24        device with Internet capability without the prior
25        written approval of the Department;
26            (ii) submit to periodic unannounced examinations

 

 

SB1607 Enrolled- 63 -LRB100 11093 RLC 21351 b

1        of the offender's computer or any other device with
2        Internet capability by the offender's supervising
3        agent, a law enforcement officer, or assigned computer
4        or information technology specialist, including the
5        retrieval and copying of all data from the computer or
6        device and any internal or external peripherals and
7        removal of such information, equipment, or device to
8        conduct a more thorough inspection;
9            (iii) submit to the installation on the offender's
10        computer or device with Internet capability, at the
11        offender's expense, of one or more hardware or software
12        systems to monitor the Internet use; and
13            (iv) submit to any other appropriate restrictions
14        concerning the offender's use of or access to a
15        computer or any other device with Internet capability
16        imposed by the Board, the Department or the offender's
17        supervising agent;
18        (7.12) if convicted of a sex offense as defined in the
19    Sex Offender Registration Act committed on or after January
20    1, 2010 (the effective date of Public Act 96-262), refrain
21    from accessing or using a social networking website as
22    defined in Section 17-0.5 of the Criminal Code of 2012;
23        (7.13) if convicted of a sex offense as defined in
24    Section 2 of the Sex Offender Registration Act committed on
25    or after January 1, 2010 (the effective date of Public Act
26    96-362) that requires the person to register as a sex

 

 

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1    offender under that Act, may not knowingly use any computer
2    scrub software on any computer that the sex offender uses;
3        (8) obtain permission of an agent of the Department of
4    Corrections before leaving the State of Illinois;
5        (9) obtain permission of an agent of the Department of
6    Corrections before changing his or her residence or
7    employment;
8        (10) consent to a search of his or her person,
9    property, or residence under his or her control;
10        (11) refrain from the use or possession of narcotics or
11    other controlled substances in any form, or both, or any
12    paraphernalia related to those substances and submit to a
13    urinalysis test as instructed by a parole agent of the
14    Department of Corrections;
15        (12) not frequent places where controlled substances
16    are illegally sold, used, distributed, or administered;
17        (13) not knowingly associate with other persons on
18    parole or mandatory supervised release without prior
19    written permission of his or her parole agent, except when
20    the association involves activities related to community
21    programs, worship services, volunteering, and engaging
22    families, and not associate with persons who are members of
23    an organized gang as that term is defined in the Illinois
24    Streetgang Terrorism Omnibus Prevention Act;
25        (14) provide true and accurate information, as it
26    relates to his or her adjustment in the community while on

 

 

SB1607 Enrolled- 65 -LRB100 11093 RLC 21351 b

1    parole or mandatory supervised release or to his or her
2    conduct while incarcerated, in response to inquiries by his
3    or her parole agent or of the Department of Corrections;
4        (15) follow any specific instructions provided by the
5    parole agent that are consistent with furthering
6    conditions set and approved by the Prisoner Review Board or
7    by law, exclusive of placement on electronic detention, to
8    achieve the goals and objectives of his or her parole or
9    mandatory supervised release or to protect the public.
10    These instructions by the parole agent may be modified at
11    any time, as the agent deems appropriate;
12        (16) if convicted of a sex offense as defined in
13    subsection (a-5) of Section 3-1-2 of this Code, unless the
14    offender is a parent or guardian of the person under 18
15    years of age present in the home and no non-familial minors
16    are present, not participate in a holiday event involving
17    children under 18 years of age, such as distributing candy
18    or other items to children on Halloween, wearing a Santa
19    Claus costume on or preceding Christmas, being employed as
20    a department store Santa Claus, or wearing an Easter Bunny
21    costume on or preceding Easter;
22        (17) if convicted of a violation of an order of
23    protection under Section 12-3.4 or Section 12-30 of the
24    Criminal Code of 1961 or the Criminal Code of 2012, be
25    placed under electronic surveillance as provided in
26    Section 5-8A-7 of this Code;

 

 

SB1607 Enrolled- 66 -LRB100 11093 RLC 21351 b

1        (18) comply with the terms and conditions of an order
2    of protection issued pursuant to the Illinois Domestic
3    Violence Act of 1986; an order of protection issued by the
4    court of another state, tribe, or United States territory;
5    a no contact order issued pursuant to the Civil No Contact
6    Order Act; or a no contact order issued pursuant to the
7    Stalking No Contact Order Act; and
8        (19) if convicted of a violation of the Methamphetamine
9    Control and Community Protection Act, the Methamphetamine
10    Precursor Control Act, or a methamphetamine related
11    offense, be:
12            (A) prohibited from purchasing, possessing, or
13        having under his or her control any product containing
14        pseudoephedrine unless prescribed by a physician; and
15            (B) prohibited from purchasing, possessing, or
16        having under his or her control any product containing
17        ammonium nitrate; and
18        (20) be evaluated by the Department of Corrections
19    prior to release using a validated risk assessment and be
20    subject to a corresponding level of supervision. In
21    accordance with the findings of that evaluation:
22            (A) All subjects found to be at a moderate or high
23        risk to recidivate, or on parole or mandatory
24        supervised release for first degree murder, a forcible
25        felony as defined in Section 2-8 of the Criminal Code
26        of 2012, any felony that requires registration as a sex

 

 

SB1607 Enrolled- 67 -LRB100 11093 RLC 21351 b

1        offender under the Sex Offender Registration Act, or a
2        Class X felony or Class 1 felony that is not a
3        violation of the Cannabis Control Act, the Illinois
4        Controlled Substances Act, or the Methamphetamine
5        Control and Community Protection Act, shall be subject
6        to high level supervision. The Department shall define
7        high level supervision based upon evidence-based and
8        research-based practices. Notwithstanding this
9        placement on high level supervision, placement of the
10        subject on electronic monitoring or detention shall
11        not occur unless it is required by law or expressly
12        ordered or approved by the Prisoner Review Board.
13            (B) All subjects found to be at a low risk to
14        recidivate shall be subject to low-level supervision,
15        except for those subjects on parole or mandatory
16        supervised release for first degree murder, a forcible
17        felony as defined in Section 2-8 of the Criminal Code
18        of 2012, any felony that requires registration as a sex
19        offender under the Sex Offender Registration Act, or a
20        Class X felony or Class 1 felony that is not a
21        violation of the Cannabis Control Act, the Illinois
22        Controlled Substances Act, or the Methamphetamine
23        Control and Community Protection Act. Low level
24        supervision shall require the subject to check in with
25        the supervising officer via phone or other electronic
26        means. Notwithstanding this placement on low level

 

 

SB1607 Enrolled- 68 -LRB100 11093 RLC 21351 b

1        supervision, placement of the subject on electronic
2        monitoring or detention shall not occur unless it is
3        required by law or expressly ordered or approved by the
4        Prisoner Review Board.
5    (b) The Board may in addition to other conditions require
6that the subject:
7        (1) work or pursue a course of study or vocational
8    training;
9        (2) undergo medical or psychiatric treatment, or
10    treatment for drug addiction or alcoholism;
11        (3) attend or reside in a facility established for the
12    instruction or residence of persons on probation or parole;
13        (4) support his or her dependents;
14        (5) (blank);
15        (6) (blank);
16        (7) (blank);
17        (7.5) if convicted for an offense committed on or after
18    the effective date of this amendatory Act of the 95th
19    General Assembly that would qualify the accused as a child
20    sex offender as defined in Section 11-9.3 or 11-9.4 of the
21    Criminal Code of 1961 or the Criminal Code of 2012, refrain
22    from communicating with or contacting, by means of the
23    Internet, a person who is related to the accused and whom
24    the accused reasonably believes to be under 18 years of
25    age; for purposes of this paragraph (7.5), "Internet" has
26    the meaning ascribed to it in Section 16-0.1 of the

 

 

SB1607 Enrolled- 69 -LRB100 11093 RLC 21351 b

1    Criminal Code of 2012; and a person is related to the
2    accused if the person is: (i) the spouse, brother, or
3    sister of the accused; (ii) a descendant of the accused;
4    (iii) a first or second cousin of the accused; or (iv) a
5    step-child or adopted child of the accused;
6        (7.6) if convicted for an offense committed on or after
7    June 1, 2009 (the effective date of Public Act 95-983) that
8    would qualify as a sex offense as defined in the Sex
9    Offender Registration Act:
10            (i) not access or use a computer or any other
11        device with Internet capability without the prior
12        written approval of the Department;
13            (ii) submit to periodic unannounced examinations
14        of the offender's computer or any other device with
15        Internet capability by the offender's supervising
16        agent, a law enforcement officer, or assigned computer
17        or information technology specialist, including the
18        retrieval and copying of all data from the computer or
19        device and any internal or external peripherals and
20        removal of such information, equipment, or device to
21        conduct a more thorough inspection;
22            (iii) submit to the installation on the offender's
23        computer or device with Internet capability, at the
24        offender's expense, of one or more hardware or software
25        systems to monitor the Internet use; and
26            (iv) submit to any other appropriate restrictions

 

 

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1        concerning the offender's use of or access to a
2        computer or any other device with Internet capability
3        imposed by the Board, the Department or the offender's
4        supervising agent; and
5        (8) in addition, if a minor:
6            (i) reside with his or her parents or in a foster
7        home;
8            (ii) attend school;
9            (iii) attend a non-residential program for youth;
10        or
11            (iv) contribute to his or her own support at home
12        or in a foster home.
13    (b-1) In addition to the conditions set forth in
14subsections (a) and (b), persons required to register as sex
15offenders pursuant to the Sex Offender Registration Act, upon
16release from the custody of the Illinois Department of
17Corrections, may be required by the Board to comply with the
18following specific conditions of release:
19        (1) reside only at a Department approved location;
20        (2) comply with all requirements of the Sex Offender
21    Registration Act;
22        (3) notify third parties of the risks that may be
23    occasioned by his or her criminal record;
24        (4) obtain the approval of an agent of the Department
25    of Corrections prior to accepting employment or pursuing a
26    course of study or vocational training and notify the

 

 

SB1607 Enrolled- 71 -LRB100 11093 RLC 21351 b

1    Department prior to any change in employment, study, or
2    training;
3        (5) not be employed or participate in any volunteer
4    activity that involves contact with children, except under
5    circumstances approved in advance and in writing by an
6    agent of the Department of Corrections;
7        (6) be electronically monitored for a minimum of 12
8    months from the date of release as determined by the Board;
9        (7) refrain from entering into a designated geographic
10    area except upon terms approved in advance by an agent of
11    the Department of Corrections. The terms may include
12    consideration of the purpose of the entry, the time of day,
13    and others accompanying the person;
14        (8) refrain from having any contact, including written
15    or oral communications, directly or indirectly, personally
16    or by telephone, letter, or through a third party with
17    certain specified persons including, but not limited to,
18    the victim or the victim's family without the prior written
19    approval of an agent of the Department of Corrections;
20        (9) refrain from all contact, directly or indirectly,
21    personally, by telephone, letter, or through a third party,
22    with minor children without prior identification and
23    approval of an agent of the Department of Corrections;
24        (10) neither possess or have under his or her control
25    any material that is sexually oriented, sexually
26    stimulating, or that shows male or female sex organs or any

 

 

SB1607 Enrolled- 72 -LRB100 11093 RLC 21351 b

1    pictures depicting children under 18 years of age nude or
2    any written or audio material describing sexual
3    intercourse or that depicts or alludes to sexual activity,
4    including but not limited to visual, auditory, telephonic,
5    or electronic media, or any matter obtained through access
6    to any computer or material linked to computer access use;
7        (11) not patronize any business providing sexually
8    stimulating or sexually oriented entertainment nor utilize
9    "900" or adult telephone numbers;
10        (12) not reside near, visit, or be in or about parks,
11    schools, day care centers, swimming pools, beaches,
12    theaters, or any other places where minor children
13    congregate without advance approval of an agent of the
14    Department of Corrections and immediately report any
15    incidental contact with minor children to the Department;
16        (13) not possess or have under his or her control
17    certain specified items of contraband related to the
18    incidence of sexually offending as determined by an agent
19    of the Department of Corrections;
20        (14) may be required to provide a written daily log of
21    activities if directed by an agent of the Department of
22    Corrections;
23        (15) comply with all other special conditions that the
24    Department may impose that restrict the person from
25    high-risk situations and limit access to potential
26    victims;

 

 

SB1607 Enrolled- 73 -LRB100 11093 RLC 21351 b

1        (16) take an annual polygraph exam;
2        (17) maintain a log of his or her travel; or
3        (18) obtain prior approval of his or her parole officer
4    before driving alone in a motor vehicle.
5    (c) The conditions under which the parole or mandatory
6supervised release is to be served shall be communicated to the
7person in writing prior to his or her release, and he or she
8shall sign the same before release. A signed copy of these
9conditions, including a copy of an order of protection where
10one had been issued by the criminal court, shall be retained by
11the person and another copy forwarded to the officer in charge
12of his or her supervision.
13    (d) After a hearing under Section 3-3-9, the Prisoner
14Review Board may modify or enlarge the conditions of parole or
15mandatory supervised release.
16    (e) The Department shall inform all offenders committed to
17the Department of the optional services available to them upon
18release and shall assist inmates in availing themselves of such
19optional services upon their release on a voluntary basis.
20    (f) (Blank).
21(Source: P.A. 99-628, eff. 1-1-17; 99-698, eff. 7-29-16;
22100-201, eff. 8-18-17.)
 
23    (Text of Section after amendment by P.A. 100-260)
24    Sec. 3-3-7. Conditions of parole or mandatory supervised
25release.

 

 

SB1607 Enrolled- 74 -LRB100 11093 RLC 21351 b

1    (a) The conditions of parole or mandatory supervised
2release shall be such as the Prisoner Review Board deems
3necessary to assist the subject in leading a law-abiding life.
4The conditions of every parole and mandatory supervised release
5are that the subject:
6        (1) not violate any criminal statute of any
7    jurisdiction during the parole or release term;
8        (2) refrain from possessing a firearm or other
9    dangerous weapon;
10        (3) report to an agent of the Department of
11    Corrections;
12        (4) permit the agent to visit him or her at his or her
13    home, employment, or elsewhere to the extent necessary for
14    the agent to discharge his or her duties;
15        (5) attend or reside in a facility established for the
16    instruction or residence of persons on parole or mandatory
17    supervised release;
18        (6) secure permission before visiting or writing a
19    committed person in an Illinois Department of Corrections
20    facility;
21        (7) report all arrests to an agent of the Department of
22    Corrections as soon as permitted by the arresting authority
23    but in no event later than 24 hours after release from
24    custody and immediately report service or notification of
25    an order of protection, a civil no contact order, or a
26    stalking no contact order to an agent of the Department of

 

 

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1    Corrections;
2        (7.5) if convicted of a sex offense as defined in the
3    Sex Offender Management Board Act, the individual shall
4    undergo and successfully complete sex offender treatment
5    conducted in conformance with the standards developed by
6    the Sex Offender Management Board Act by a treatment
7    provider approved by the Board;
8        (7.6) if convicted of a sex offense as defined in the
9    Sex Offender Management Board Act, refrain from residing at
10    the same address or in the same condominium unit or
11    apartment unit or in the same condominium complex or
12    apartment complex with another person he or she knows or
13    reasonably should know is a convicted sex offender or has
14    been placed on supervision for a sex offense; the
15    provisions of this paragraph do not apply to a person
16    convicted of a sex offense who is placed in a Department of
17    Corrections licensed transitional housing facility for sex
18    offenders, or is in any facility operated or licensed by
19    the Department of Children and Family Services or by the
20    Department of Human Services, or is in any licensed medical
21    facility;
22        (7.7) if convicted for an offense that would qualify
23    the accused as a sexual predator under the Sex Offender
24    Registration Act on or after January 1, 2007 (the effective
25    date of Public Act 94-988), wear an approved electronic
26    monitoring device as defined in Section 5-8A-2 for the

 

 

SB1607 Enrolled- 76 -LRB100 11093 RLC 21351 b

1    duration of the person's parole, mandatory supervised
2    release term, or extended mandatory supervised release
3    term and if convicted for an offense of criminal sexual
4    assault, aggravated criminal sexual assault, predatory
5    criminal sexual assault of a child, criminal sexual abuse,
6    aggravated criminal sexual abuse, or ritualized abuse of a
7    child committed on or after August 11, 2009 (the effective
8    date of Public Act 96-236) when the victim was under 18
9    years of age at the time of the commission of the offense
10    and the defendant used force or the threat of force in the
11    commission of the offense wear an approved electronic
12    monitoring device as defined in Section 5-8A-2 that has
13    Global Positioning System (GPS) capability for the
14    duration of the person's parole, mandatory supervised
15    release term, or extended mandatory supervised release
16    term;
17        (7.8) if convicted for an offense committed on or after
18    June 1, 2008 (the effective date of Public Act 95-464) that
19    would qualify the accused as a child sex offender as
20    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
21    1961 or the Criminal Code of 2012, refrain from
22    communicating with or contacting, by means of the Internet,
23    a person who is not related to the accused and whom the
24    accused reasonably believes to be under 18 years of age;
25    for purposes of this paragraph (7.8), "Internet" has the
26    meaning ascribed to it in Section 16-0.1 of the Criminal

 

 

SB1607 Enrolled- 77 -LRB100 11093 RLC 21351 b

1    Code of 2012; and a person is not related to the accused if
2    the person is not: (i) the spouse, brother, or sister of
3    the accused; (ii) a descendant of the accused; (iii) a
4    first or second cousin of the accused; or (iv) a step-child
5    or adopted child of the accused;
6        (7.9) if convicted under Section 11-6, 11-20.1,
7    11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or
8    the Criminal Code of 2012, consent to search of computers,
9    PDAs, cellular phones, and other devices under his or her
10    control that are capable of accessing the Internet or
11    storing electronic files, in order to confirm Internet
12    protocol addresses reported in accordance with the Sex
13    Offender Registration Act and compliance with conditions
14    in this Act;
15        (7.10) if convicted for an offense that would qualify
16    the accused as a sex offender or sexual predator under the
17    Sex Offender Registration Act on or after June 1, 2008 (the
18    effective date of Public Act 95-640), not possess
19    prescription drugs for erectile dysfunction;
20        (7.11) if convicted for an offense under Section 11-6,
21    11-9.1, 11-14.4 that involves soliciting for a juvenile
22    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
23    of the Criminal Code of 1961 or the Criminal Code of 2012,
24    or any attempt to commit any of these offenses, committed
25    on or after June 1, 2009 (the effective date of Public Act
26    95-983):

 

 

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1            (i) not access or use a computer or any other
2        device with Internet capability without the prior
3        written approval of the Department;
4            (ii) submit to periodic unannounced examinations
5        of the offender's computer or any other device with
6        Internet capability by the offender's supervising
7        agent, a law enforcement officer, or assigned computer
8        or information technology specialist, including the
9        retrieval and copying of all data from the computer or
10        device and any internal or external peripherals and
11        removal of such information, equipment, or device to
12        conduct a more thorough inspection;
13            (iii) submit to the installation on the offender's
14        computer or device with Internet capability, at the
15        offender's expense, of one or more hardware or software
16        systems to monitor the Internet use; and
17            (iv) submit to any other appropriate restrictions
18        concerning the offender's use of or access to a
19        computer or any other device with Internet capability
20        imposed by the Board, the Department or the offender's
21        supervising agent;
22        (7.12) if convicted of a sex offense as defined in the
23    Sex Offender Registration Act committed on or after January
24    1, 2010 (the effective date of Public Act 96-262), refrain
25    from accessing or using a social networking website as
26    defined in Section 17-0.5 of the Criminal Code of 2012;

 

 

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1        (7.13) if convicted of a sex offense as defined in
2    Section 2 of the Sex Offender Registration Act committed on
3    or after January 1, 2010 (the effective date of Public Act
4    96-362) that requires the person to register as a sex
5    offender under that Act, may not knowingly use any computer
6    scrub software on any computer that the sex offender uses;
7        (8) obtain permission of an agent of the Department of
8    Corrections before leaving the State of Illinois;
9        (9) obtain permission of an agent of the Department of
10    Corrections before changing his or her residence or
11    employment;
12        (10) consent to a search of his or her person,
13    property, or residence under his or her control;
14        (11) refrain from the use or possession of narcotics or
15    other controlled substances in any form, or both, or any
16    paraphernalia related to those substances and submit to a
17    urinalysis test as instructed by a parole agent of the
18    Department of Corrections;
19        (12) not frequent places where controlled substances
20    are illegally sold, used, distributed, or administered;
21        (13) not knowingly associate with other persons on
22    parole or mandatory supervised release without prior
23    written permission of his or her parole agent, except when
24    the association involves activities related to community
25    programs, worship services, volunteering, and engaging
26    families, and not associate with persons who are members of

 

 

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1    an organized gang as that term is defined in the Illinois
2    Streetgang Terrorism Omnibus Prevention Act;
3        (14) provide true and accurate information, as it
4    relates to his or her adjustment in the community while on
5    parole or mandatory supervised release or to his or her
6    conduct while incarcerated, in response to inquiries by his
7    or her parole agent or of the Department of Corrections;
8        (15) follow any specific instructions provided by the
9    parole agent that are consistent with furthering
10    conditions set and approved by the Prisoner Review Board or
11    by law, exclusive of placement on electronic detention, to
12    achieve the goals and objectives of his or her parole or
13    mandatory supervised release or to protect the public.
14    These instructions by the parole agent may be modified at
15    any time, as the agent deems appropriate;
16        (16) if convicted of a sex offense as defined in
17    subsection (a-5) of Section 3-1-2 of this Code, unless the
18    offender is a parent or guardian of the person under 18
19    years of age present in the home and no non-familial minors
20    are present, not participate in a holiday event involving
21    children under 18 years of age, such as distributing candy
22    or other items to children on Halloween, wearing a Santa
23    Claus costume on or preceding Christmas, being employed as
24    a department store Santa Claus, or wearing an Easter Bunny
25    costume on or preceding Easter;
26        (17) if convicted of a violation of an order of

 

 

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1    protection under Section 12-3.4 or Section 12-30 of the
2    Criminal Code of 1961 or the Criminal Code of 2012, be
3    placed under electronic surveillance as provided in
4    Section 5-8A-7 of this Code;
5        (18) comply with the terms and conditions of an order
6    of protection issued pursuant to the Illinois Domestic
7    Violence Act of 1986; an order of protection issued by the
8    court of another state, tribe, or United States territory;
9    a no contact order issued pursuant to the Civil No Contact
10    Order Act; or a no contact order issued pursuant to the
11    Stalking No Contact Order Act;
12        (19) if convicted of a violation of the Methamphetamine
13    Control and Community Protection Act, the Methamphetamine
14    Precursor Control Act, or a methamphetamine related
15    offense, be:
16            (A) prohibited from purchasing, possessing, or
17        having under his or her control any product containing
18        pseudoephedrine unless prescribed by a physician; and
19            (B) prohibited from purchasing, possessing, or
20        having under his or her control any product containing
21        ammonium nitrate; and
22        (20) if convicted of a hate crime under Section 12-7.1
23    of the Criminal Code of 2012, perform public or community
24    service of no less than 200 hours and enroll in an
25    educational program discouraging hate crimes involving the
26    protected class identified in subsection (a) of Section

 

 

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1    12-7.1 of the Criminal Code of 2012 that gave rise to the
2    offense the offender committed ordered by the court; and
3        (21) be evaluated by the Department of Corrections
4    prior to release using a validated risk assessment and be
5    subject to a corresponding level of supervision. In
6    accordance with the findings of that evaluation:
7            (A) All subjects found to be at a moderate or high
8        risk to recidivate, or on parole or mandatory
9        supervised release for first degree murder, a forcible
10        felony as defined in Section 2-8 of the Criminal Code
11        of 2012, any felony that requires registration as a sex
12        offender under the Sex Offender Registration Act, or a
13        Class X felony or Class 1 felony that is not a
14        violation of the Cannabis Control Act, the Illinois
15        Controlled Substances Act, or the Methamphetamine
16        Control and Community Protection Act, shall be subject
17        to high level supervision. The Department shall define
18        high level supervision based upon evidence-based and
19        research-based practices. Notwithstanding this
20        placement on high level supervision, placement of the
21        subject on electronic monitoring or detention shall
22        not occur unless it is required by law or expressly
23        ordered or approved by the Prisoner Review Board.
24            (B) All subjects found to be at a low risk to
25        recidivate shall be subject to low-level supervision,
26        except for those subjects on parole or mandatory

 

 

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1        supervised release for first degree murder, a forcible
2        felony as defined in Section 2-8 of the Criminal Code
3        of 2012, any felony that requires registration as a sex
4        offender under the Sex Offender Registration Act, or a
5        Class X felony or Class 1 felony that is not a
6        violation of the Cannabis Control Act, the Illinois
7        Controlled Substances Act, or the Methamphetamine
8        Control and Community Protection Act. Low level
9        supervision shall require the subject to check in with
10        the supervising officer via phone or other electronic
11        means. Notwithstanding this placement on low level
12        supervision, placement of the subject on electronic
13        monitoring or detention shall not occur unless it is
14        required by law or expressly ordered or approved by the
15        Prisoner Review Board.
16    (b) The Board may in addition to other conditions require
17that the subject:
18        (1) work or pursue a course of study or vocational
19    training;
20        (2) undergo medical or psychiatric treatment, or
21    treatment for drug addiction or alcoholism;
22        (3) attend or reside in a facility established for the
23    instruction or residence of persons on probation or parole;
24        (4) support his or her dependents;
25        (5) (blank);
26        (6) (blank);

 

 

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1        (7) (blank);
2        (7.5) if convicted for an offense committed on or after
3    the effective date of this amendatory Act of the 95th
4    General Assembly that would qualify the accused as a child
5    sex offender as defined in Section 11-9.3 or 11-9.4 of the
6    Criminal Code of 1961 or the Criminal Code of 2012, refrain
7    from communicating with or contacting, by means of the
8    Internet, a person who is related to the accused and whom
9    the accused reasonably believes to be under 18 years of
10    age; for purposes of this paragraph (7.5), "Internet" has
11    the meaning ascribed to it in Section 16-0.1 of the
12    Criminal Code of 2012; and a person is related to the
13    accused if the person is: (i) the spouse, brother, or
14    sister of the accused; (ii) a descendant of the accused;
15    (iii) a first or second cousin of the accused; or (iv) a
16    step-child or adopted child of the accused;
17        (7.6) if convicted for an offense committed on or after
18    June 1, 2009 (the effective date of Public Act 95-983) that
19    would qualify as a sex offense as defined in the Sex
20    Offender Registration Act:
21            (i) not access or use a computer or any other
22        device with Internet capability without the prior
23        written approval of the Department;
24            (ii) submit to periodic unannounced examinations
25        of the offender's computer or any other device with
26        Internet capability by the offender's supervising

 

 

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1        agent, a law enforcement officer, or assigned computer
2        or information technology specialist, including the
3        retrieval and copying of all data from the computer or
4        device and any internal or external peripherals and
5        removal of such information, equipment, or device to
6        conduct a more thorough inspection;
7            (iii) submit to the installation on the offender's
8        computer or device with Internet capability, at the
9        offender's expense, of one or more hardware or software
10        systems to monitor the Internet use; and
11            (iv) submit to any other appropriate restrictions
12        concerning the offender's use of or access to a
13        computer or any other device with Internet capability
14        imposed by the Board, the Department or the offender's
15        supervising agent; and
16        (8) in addition, if a minor:
17            (i) reside with his or her parents or in a foster
18        home;
19            (ii) attend school;
20            (iii) attend a non-residential program for youth;
21        or
22            (iv) contribute to his or her own support at home
23        or in a foster home.
24    (b-1) In addition to the conditions set forth in
25subsections (a) and (b), persons required to register as sex
26offenders pursuant to the Sex Offender Registration Act, upon

 

 

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1release from the custody of the Illinois Department of
2Corrections, may be required by the Board to comply with the
3following specific conditions of release:
4        (1) reside only at a Department approved location;
5        (2) comply with all requirements of the Sex Offender
6    Registration Act;
7        (3) notify third parties of the risks that may be
8    occasioned by his or her criminal record;
9        (4) obtain the approval of an agent of the Department
10    of Corrections prior to accepting employment or pursuing a
11    course of study or vocational training and notify the
12    Department prior to any change in employment, study, or
13    training;
14        (5) not be employed or participate in any volunteer
15    activity that involves contact with children, except under
16    circumstances approved in advance and in writing by an
17    agent of the Department of Corrections;
18        (6) be electronically monitored for a minimum of 12
19    months from the date of release as determined by the Board;
20        (7) refrain from entering into a designated geographic
21    area except upon terms approved in advance by an agent of
22    the Department of Corrections. The terms may include
23    consideration of the purpose of the entry, the time of day,
24    and others accompanying the person;
25        (8) refrain from having any contact, including written
26    or oral communications, directly or indirectly, personally

 

 

SB1607 Enrolled- 87 -LRB100 11093 RLC 21351 b

1    or by telephone, letter, or through a third party with
2    certain specified persons including, but not limited to,
3    the victim or the victim's family without the prior written
4    approval of an agent of the Department of Corrections;
5        (9) refrain from all contact, directly or indirectly,
6    personally, by telephone, letter, or through a third party,
7    with minor children without prior identification and
8    approval of an agent of the Department of Corrections;
9        (10) neither possess or have under his or her control
10    any material that is sexually oriented, sexually
11    stimulating, or that shows male or female sex organs or any
12    pictures depicting children under 18 years of age nude or
13    any written or audio material describing sexual
14    intercourse or that depicts or alludes to sexual activity,
15    including but not limited to visual, auditory, telephonic,
16    or electronic media, or any matter obtained through access
17    to any computer or material linked to computer access use;
18        (11) not patronize any business providing sexually
19    stimulating or sexually oriented entertainment nor utilize
20    "900" or adult telephone numbers;
21        (12) not reside near, visit, or be in or about parks,
22    schools, day care centers, swimming pools, beaches,
23    theaters, or any other places where minor children
24    congregate without advance approval of an agent of the
25    Department of Corrections and immediately report any
26    incidental contact with minor children to the Department;

 

 

SB1607 Enrolled- 88 -LRB100 11093 RLC 21351 b

1        (13) not possess or have under his or her control
2    certain specified items of contraband related to the
3    incidence of sexually offending as determined by an agent
4    of the Department of Corrections;
5        (14) may be required to provide a written daily log of
6    activities if directed by an agent of the Department of
7    Corrections;
8        (15) comply with all other special conditions that the
9    Department may impose that restrict the person from
10    high-risk situations and limit access to potential
11    victims;
12        (16) take an annual polygraph exam;
13        (17) maintain a log of his or her travel; or
14        (18) obtain prior approval of his or her parole officer
15    before driving alone in a motor vehicle.
16    (c) The conditions under which the parole or mandatory
17supervised release is to be served shall be communicated to the
18person in writing prior to his or her release, and he or she
19shall sign the same before release. A signed copy of these
20conditions, including a copy of an order of protection where
21one had been issued by the criminal court, shall be retained by
22the person and another copy forwarded to the officer in charge
23of his or her supervision.
24    (d) After a hearing under Section 3-3-9, the Prisoner
25Review Board may modify or enlarge the conditions of parole or
26mandatory supervised release.

 

 

SB1607 Enrolled- 89 -LRB100 11093 RLC 21351 b

1    (e) The Department shall inform all offenders committed to
2the Department of the optional services available to them upon
3release and shall assist inmates in availing themselves of such
4optional services upon their release on a voluntary basis.
5    (f) (Blank).
6(Source: P.A. 99-628, eff. 1-1-17; 99-698, eff. 7-29-16;
7100-201, eff. 8-18-17; 100-260, eff. 1-1-18.)
 
8    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
9    (Text of Section from P.A. 99-642)
10    Sec. 3-6-3. Rules and regulations for sentence credit.
11    (a)(1) The Department of Corrections shall prescribe rules
12and regulations for awarding and revoking sentence credit for
13persons committed to the Department which shall be subject to
14review by the Prisoner Review Board.
15    (1.5) As otherwise provided by law, sentence credit may be
16awarded for the following:
17        (A) successful completion of programming while in
18    custody of the Department or while in custody prior to
19    sentencing;
20        (B) compliance with the rules and regulations of the
21    Department; or
22        (C) service to the institution, service to a community,
23    or service to the State.
24    (2) The rules and regulations on sentence credit shall
25provide, with respect to offenses listed in clause (i), (ii),

 

 

SB1607 Enrolled- 90 -LRB100 11093 RLC 21351 b

1or (iii) of this paragraph (2) committed on or after June 19,
21998 or with respect to the offense listed in clause (iv) of
3this paragraph (2) committed on or after June 23, 2005 (the
4effective date of Public Act 94-71) or with respect to offense
5listed in clause (vi) committed on or after June 1, 2008 (the
6effective date of Public Act 95-625) or with respect to the
7offense of being an armed habitual criminal committed on or
8after August 2, 2005 (the effective date of Public Act 94-398)
9or with respect to the offenses listed in clause (v) of this
10paragraph (2) committed on or after August 13, 2007 (the
11effective date of Public Act 95-134) or with respect to the
12offense of aggravated domestic battery committed on or after
13July 23, 2010 (the effective date of Public Act 96-1224) or
14with respect to the offense of attempt to commit terrorism
15committed on or after January 1, 2013 (the effective date of
16Public Act 97-990), the following:
17        (i) that a prisoner who is serving a term of
18    imprisonment for first degree murder or for the offense of
19    terrorism shall receive no sentence credit and shall serve
20    the entire sentence imposed by the court;
21        (ii) that a prisoner serving a sentence for attempt to
22    commit terrorism, attempt to commit first degree murder,
23    solicitation of murder, solicitation of murder for hire,
24    intentional homicide of an unborn child, predatory
25    criminal sexual assault of a child, aggravated criminal
26    sexual assault, criminal sexual assault, aggravated

 

 

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1    kidnapping, aggravated battery with a firearm as described
2    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
3    (e)(4) of Section 12-3.05, heinous battery as described in
4    Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
5    being an armed habitual criminal, aggravated battery of a
6    senior citizen as described in Section 12-4.6 or
7    subdivision (a)(4) of Section 12-3.05, or aggravated
8    battery of a child as described in Section 12-4.3 or
9    subdivision (b)(1) of Section 12-3.05 shall receive no more
10    than 4.5 days of sentence credit for each month of his or
11    her sentence of imprisonment;
12        (iii) that a prisoner serving a sentence for home
13    invasion, armed robbery, aggravated vehicular hijacking,
14    aggravated discharge of a firearm, or armed violence with a
15    category I weapon or category II weapon, when the court has
16    made and entered a finding, pursuant to subsection (c-1) of
17    Section 5-4-1 of this Code, that the conduct leading to
18    conviction for the enumerated offense resulted in great
19    bodily harm to a victim, shall receive no more than 4.5
20    days of sentence credit for each month of his or her
21    sentence of imprisonment;
22        (iv) that a prisoner serving a sentence for aggravated
23    discharge of a firearm, whether or not the conduct leading
24    to conviction for the offense resulted in great bodily harm
25    to the victim, shall receive no more than 4.5 days of
26    sentence credit for each month of his or her sentence of

 

 

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1    imprisonment;
2        (v) that a person serving a sentence for gunrunning,
3    narcotics racketeering, controlled substance trafficking,
4    methamphetamine trafficking, drug-induced homicide,
5    aggravated methamphetamine-related child endangerment,
6    money laundering pursuant to clause (c) (4) or (5) of
7    Section 29B-1 of the Criminal Code of 1961 or the Criminal
8    Code of 2012, or a Class X felony conviction for delivery
9    of a controlled substance, possession of a controlled
10    substance with intent to manufacture or deliver,
11    calculated criminal drug conspiracy, criminal drug
12    conspiracy, street gang criminal drug conspiracy,
13    participation in methamphetamine manufacturing, aggravated
14    participation in methamphetamine manufacturing, delivery
15    of methamphetamine, possession with intent to deliver
16    methamphetamine, aggravated delivery of methamphetamine,
17    aggravated possession with intent to deliver
18    methamphetamine, methamphetamine conspiracy when the
19    substance containing the controlled substance or
20    methamphetamine is 100 grams or more shall receive no more
21    than 7.5 days sentence credit for each month of his or her
22    sentence of imprisonment;
23        (vi) that a prisoner serving a sentence for a second or
24    subsequent offense of luring a minor shall receive no more
25    than 4.5 days of sentence credit for each month of his or
26    her sentence of imprisonment; and

 

 

SB1607 Enrolled- 93 -LRB100 11093 RLC 21351 b

1        (vii) that a prisoner serving a sentence for aggravated
2    domestic battery shall receive no more than 4.5 days of
3    sentence credit for each month of his or her sentence of
4    imprisonment.
5    (2.1) For all offenses, other than those enumerated in
6subdivision (a)(2)(i), (ii), or (iii) committed on or after
7June 19, 1998 or subdivision (a)(2)(iv) committed on or after
8June 23, 2005 (the effective date of Public Act 94-71) or
9subdivision (a)(2)(v) committed on or after August 13, 2007
10(the effective date of Public Act 95-134) or subdivision
11(a)(2)(vi) committed on or after June 1, 2008 (the effective
12date of Public Act 95-625) or subdivision (a)(2)(vii) committed
13on or after July 23, 2010 (the effective date of Public Act
1496-1224), and other than the offense of aggravated driving
15under the influence of alcohol, other drug or drugs, or
16intoxicating compound or compounds, or any combination thereof
17as defined in subparagraph (F) of paragraph (1) of subsection
18(d) of Section 11-501 of the Illinois Vehicle Code, and other
19than the offense of aggravated driving under the influence of
20alcohol, other drug or drugs, or intoxicating compound or
21compounds, or any combination thereof as defined in
22subparagraph (C) of paragraph (1) of subsection (d) of Section
2311-501 of the Illinois Vehicle Code committed on or after
24January 1, 2011 (the effective date of Public Act 96-1230), the
25rules and regulations shall provide that a prisoner who is
26serving a term of imprisonment shall receive one day of

 

 

SB1607 Enrolled- 94 -LRB100 11093 RLC 21351 b

1sentence credit for each day of his or her sentence of
2imprisonment or recommitment under Section 3-3-9. Each day of
3sentence credit shall reduce by one day the prisoner's period
4of imprisonment or recommitment under Section 3-3-9.
5    (2.2) A prisoner serving a term of natural life
6imprisonment or a prisoner who has been sentenced to death
7shall receive no sentence credit.
8    (2.3) The rules and regulations on sentence credit shall
9provide that a prisoner who is serving a sentence for
10aggravated driving under the influence of alcohol, other drug
11or drugs, or intoxicating compound or compounds, or any
12combination thereof as defined in subparagraph (F) of paragraph
13(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
14Code, shall receive no more than 4.5 days of sentence credit
15for each month of his or her sentence of imprisonment.
16    (2.4) The rules and regulations on sentence credit shall
17provide with respect to the offenses of aggravated battery with
18a machine gun or a firearm equipped with any device or
19attachment designed or used for silencing the report of a
20firearm or aggravated discharge of a machine gun or a firearm
21equipped with any device or attachment designed or used for
22silencing the report of a firearm, committed on or after July
2315, 1999 (the effective date of Public Act 91-121), that a
24prisoner serving a sentence for any of these offenses shall
25receive no more than 4.5 days of sentence credit for each month
26of his or her sentence of imprisonment.

 

 

SB1607 Enrolled- 95 -LRB100 11093 RLC 21351 b

1    (2.5) The rules and regulations on sentence credit shall
2provide that a prisoner who is serving a sentence for
3aggravated arson committed on or after July 27, 2001 (the
4effective date of Public Act 92-176) shall receive no more than
54.5 days of sentence credit for each month of his or her
6sentence of imprisonment.
7    (2.6) The rules and regulations on sentence credit shall
8provide that a prisoner who is serving a sentence for
9aggravated driving under the influence of alcohol, other drug
10or drugs, or intoxicating compound or compounds or any
11combination thereof as defined in subparagraph (C) of paragraph
12(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
13Code committed on or after January 1, 2011 (the effective date
14of Public Act 96-1230) shall receive no more than 4.5 days of
15sentence credit for each month of his or her sentence of
16imprisonment.
17    (3) The rules and regulations shall also provide that the
18Director may award up to 180 days additional sentence credit
19for good conduct in specific instances as the Director deems
20proper. The good conduct may include, but is not limited to,
21compliance with the rules and regulations of the Department,
22service to the Department, service to a community, or service
23to the State. However, the Director shall not award more than
2490 days of sentence credit for good conduct to any prisoner who
25is serving a sentence for conviction of first degree murder,
26reckless homicide while under the influence of alcohol or any

 

 

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1other drug, or aggravated driving under the influence of
2alcohol, other drug or drugs, or intoxicating compound or
3compounds, or any combination thereof as defined in
4subparagraph (F) of paragraph (1) of subsection (d) of Section
511-501 of the Illinois Vehicle Code, aggravated kidnapping,
6kidnapping, predatory criminal sexual assault of a child,
7aggravated criminal sexual assault, criminal sexual assault,
8deviate sexual assault, aggravated criminal sexual abuse,
9aggravated indecent liberties with a child, indecent liberties
10with a child, child pornography, heinous battery as described
11in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
12aggravated battery of a spouse, aggravated battery of a spouse
13with a firearm, stalking, aggravated stalking, aggravated
14battery of a child as described in Section 12-4.3 or
15subdivision (b)(1) of Section 12-3.05, endangering the life or
16health of a child, or cruelty to a child. Notwithstanding the
17foregoing, sentence credit for good conduct shall not be
18awarded on a sentence of imprisonment imposed for conviction
19of: (i) one of the offenses enumerated in subdivision
20(a)(2)(i), (ii), or (iii) when the offense is committed on or
21after June 19, 1998 or subdivision (a)(2)(iv) when the offense
22is committed on or after June 23, 2005 (the effective date of
23Public Act 94-71) or subdivision (a)(2)(v) when the offense is
24committed on or after August 13, 2007 (the effective date of
25Public Act 95-134) or subdivision (a)(2)(vi) when the offense
26is committed on or after June 1, 2008 (the effective date of

 

 

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1Public Act 95-625) or subdivision (a)(2)(vii) when the offense
2is committed on or after July 23, 2010 (the effective date of
3Public Act 96-1224), (ii) aggravated driving under the
4influence of alcohol, other drug or drugs, or intoxicating
5compound or compounds, or any combination thereof as defined in
6subparagraph (F) of paragraph (1) of subsection (d) of Section
711-501 of the Illinois Vehicle Code, (iii) one of the offenses
8enumerated in subdivision (a)(2.4) when the offense is
9committed on or after July 15, 1999 (the effective date of
10Public Act 91-121), (iv) aggravated arson when the offense is
11committed on or after July 27, 2001 (the effective date of
12Public Act 92-176), (v) offenses that may subject the offender
13to commitment under the Sexually Violent Persons Commitment
14Act, or (vi) aggravated driving under the influence of alcohol,
15other drug or drugs, or intoxicating compound or compounds or
16any combination thereof as defined in subparagraph (C) of
17paragraph (1) of subsection (d) of Section 11-501 of the
18Illinois Vehicle Code committed on or after January 1, 2011
19(the effective date of Public Act 96-1230).
20    Eligible inmates for an award of sentence credit under this
21paragraph (3) may be selected to receive the credit at the
22Director's or his or her designee's sole discretion.
23Consideration may be based on, but not limited to, any
24available risk assessment analysis on the inmate, any history
25of conviction for violent crimes as defined by the Rights of
26Crime Victims and Witnesses Act, facts and circumstances of the

 

 

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1inmate's holding offense or offenses, and the potential for
2rehabilitation.
3    The Director shall not award sentence credit under this
4paragraph (3) to an inmate unless the inmate has served a
5minimum of 60 days of the sentence; except nothing in this
6paragraph shall be construed to permit the Director to extend
7an inmate's sentence beyond that which was imposed by the
8court. Prior to awarding credit under this paragraph (3), the
9Director shall make a written determination that the inmate:
10        (A) is eligible for the sentence credit;
11        (B) has served a minimum of 60 days, or as close to 60
12    days as the sentence will allow; and
13        (C) has met the eligibility criteria established by
14    rule.
15    The Director shall determine the form and content of the
16written determination required in this subsection.
17    (3.5) The Department shall provide annual written reports
18to the Governor and the General Assembly on the award of
19sentence credit for good conduct, with the first report due
20January 1, 2014. The Department must publish both reports on
21its website within 48 hours of transmitting the reports to the
22Governor and the General Assembly. The reports must include:
23        (A) the number of inmates awarded sentence credit for
24    good conduct;
25        (B) the average amount of sentence credit for good
26    conduct awarded;

 

 

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1        (C) the holding offenses of inmates awarded sentence
2    credit for good conduct; and
3        (D) the number of sentence credit for good conduct
4    revocations.
5    (4) The rules and regulations shall also provide that the
6sentence credit accumulated and retained under paragraph (2.1)
7of subsection (a) of this Section by any inmate during specific
8periods of time in which such inmate is engaged full-time in
9substance abuse programs, correctional industry assignments,
10educational programs, behavior modification programs, life
11skills courses, or re-entry planning provided by the Department
12under this paragraph (4) and satisfactorily completes the
13assigned program as determined by the standards of the
14Department, shall be multiplied by a factor of 1.25 for program
15participation before August 11, 1993 and 1.50 for program
16participation on or after that date. The rules and regulations
17shall also provide that sentence credit, subject to the same
18offense limits and multiplier provided in this paragraph, may
19be provided to an inmate who was held in pre-trial detention
20prior to his or her current commitment to the Department of
21Corrections and successfully completed a full-time, 60-day or
22longer substance abuse program, educational program, behavior
23modification program, life skills course, or re-entry planning
24provided by the county department of corrections or county
25jail. Calculation of this county program credit shall be done
26at sentencing as provided in Section 5-4.5-100 of this Code and

 

 

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1shall be included in the sentencing order. However, no inmate
2shall be eligible for the additional sentence credit under this
3paragraph (4) or (4.1) of this subsection (a) while assigned to
4a boot camp or electronic detention, or if convicted of an
5offense enumerated in subdivision (a)(2)(i), (ii), or (iii) of
6this Section that is committed on or after June 19, 1998 or
7subdivision (a)(2)(iv) of this Section that is committed on or
8after June 23, 2005 (the effective date of Public Act 94-71) or
9subdivision (a)(2)(v) of this Section that is committed on or
10after August 13, 2007 (the effective date of Public Act 95-134)
11or subdivision (a)(2)(vi) when the offense is committed on or
12after June 1, 2008 (the effective date of Public Act 95-625) or
13subdivision (a)(2)(vii) when the offense is committed on or
14after July 23, 2010 (the effective date of Public Act 96-1224),
15or if convicted of aggravated driving under the influence of
16alcohol, other drug or drugs, or intoxicating compound or
17compounds or any combination thereof as defined in subparagraph
18(F) of paragraph (1) of subsection (d) of Section 11-501 of the
19Illinois Vehicle Code, or if convicted of aggravated driving
20under the influence of alcohol, other drug or drugs, or
21intoxicating compound or compounds or any combination thereof
22as defined in subparagraph (C) of paragraph (1) of subsection
23(d) of Section 11-501 of the Illinois Vehicle Code committed on
24or after January 1, 2011 (the effective date of Public Act
2596-1230), or if convicted of an offense enumerated in paragraph
26(a)(2.4) of this Section that is committed on or after July 15,

 

 

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11999 (the effective date of Public Act 91-121), or first degree
2murder, a Class X felony, criminal sexual assault, felony
3criminal sexual abuse, aggravated criminal sexual abuse,
4aggravated battery with a firearm as described in Section
512-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
6Section 12-3.05, or any predecessor or successor offenses with
7the same or substantially the same elements, or any inchoate
8offenses relating to the foregoing offenses. No inmate shall be
9eligible for the additional good conduct credit under this
10paragraph (4) who (i) has previously received increased good
11conduct credit under this paragraph (4) and has subsequently
12been convicted of a felony, or (ii) has previously served more
13than one prior sentence of imprisonment for a felony in an
14adult correctional facility.
15    Educational, vocational, substance abuse, behavior
16modification programs, life skills courses, re-entry planning,
17and correctional industry programs under which sentence credit
18may be increased under this paragraph (4) and paragraph (4.1)
19of this subsection (a) shall be evaluated by the Department on
20the basis of documented standards. The Department shall report
21the results of these evaluations to the Governor and the
22General Assembly by September 30th of each year. The reports
23shall include data relating to the recidivism rate among
24program participants.
25    Availability of these programs shall be subject to the
26limits of fiscal resources appropriated by the General Assembly

 

 

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1for these purposes. Eligible inmates who are denied immediate
2admission shall be placed on a waiting list under criteria
3established by the Department. The inability of any inmate to
4become engaged in any such programs by reason of insufficient
5program resources or for any other reason established under the
6rules and regulations of the Department shall not be deemed a
7cause of action under which the Department or any employee or
8agent of the Department shall be liable for damages to the
9inmate.
10    (4.1) The rules and regulations shall also provide that an
11additional 90 days of sentence credit shall be awarded to any
12prisoner who passes high school equivalency testing while the
13prisoner is committed to the Department of Corrections. The
14sentence credit awarded under this paragraph (4.1) shall be in
15addition to, and shall not affect, the award of sentence credit
16under any other paragraph of this Section, but shall also be
17pursuant to the guidelines and restrictions set forth in
18paragraph (4) of subsection (a) of this Section. The sentence
19credit provided for in this paragraph shall be available only
20to those prisoners who have not previously earned a high school
21diploma or a high school equivalency certificate. If, after an
22award of the high school equivalency testing sentence credit
23has been made, the Department determines that the prisoner was
24not eligible, then the award shall be revoked. The Department
25may also award 90 days of sentence credit to any committed
26person who passed high school equivalency testing while he or

 

 

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1she was held in pre-trial detention prior to the current
2commitment to the Department of Corrections.
3    (4.5) The rules and regulations on sentence credit shall
4also provide that when the court's sentencing order recommends
5a prisoner for substance abuse treatment and the crime was
6committed on or after September 1, 2003 (the effective date of
7Public Act 93-354), the prisoner shall receive no sentence
8credit awarded under clause (3) of this subsection (a) unless
9he or she participates in and completes a substance abuse
10treatment program. The Director may waive the requirement to
11participate in or complete a substance abuse treatment program
12and award the sentence credit in specific instances if the
13prisoner is not a good candidate for a substance abuse
14treatment program for medical, programming, or operational
15reasons. Availability of substance abuse treatment shall be
16subject to the limits of fiscal resources appropriated by the
17General Assembly for these purposes. If treatment is not
18available and the requirement to participate and complete the
19treatment has not been waived by the Director, the prisoner
20shall be placed on a waiting list under criteria established by
21the Department. The Director may allow a prisoner placed on a
22waiting list to participate in and complete a substance abuse
23education class or attend substance abuse self-help meetings in
24lieu of a substance abuse treatment program. A prisoner on a
25waiting list who is not placed in a substance abuse program
26prior to release may be eligible for a waiver and receive

 

 

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1sentence credit under clause (3) of this subsection (a) at the
2discretion of the Director.
3    (4.6) The rules and regulations on sentence credit shall
4also provide that a prisoner who has been convicted of a sex
5offense as defined in Section 2 of the Sex Offender
6Registration Act shall receive no sentence credit unless he or
7she either has successfully completed or is participating in
8sex offender treatment as defined by the Sex Offender
9Management Board. However, prisoners who are waiting to receive
10treatment, but who are unable to do so due solely to the lack
11of resources on the part of the Department, may, at the
12Director's sole discretion, be awarded sentence credit at a
13rate as the Director shall determine.
14    (5) Whenever the Department is to release any inmate
15earlier than it otherwise would because of a grant of sentence
16credit for good conduct under paragraph (3) of subsection (a)
17of this Section given at any time during the term, the
18Department shall give reasonable notice of the impending
19release not less than 14 days prior to the date of the release
20to the State's Attorney of the county where the prosecution of
21the inmate took place, and if applicable, the State's Attorney
22of the county into which the inmate will be released. The
23Department must also make identification information and a
24recent photo of the inmate being released accessible on the
25Internet by means of a hyperlink labeled "Community
26Notification of Inmate Early Release" on the Department's World

 

 

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1Wide Web homepage. The identification information shall
2include the inmate's: name, any known alias, date of birth,
3physical characteristics, commitment offense and county where
4conviction was imposed. The identification information shall
5be placed on the website within 3 days of the inmate's release
6and the information may not be removed until either: completion
7of the first year of mandatory supervised release or return of
8the inmate to custody of the Department.
9    (b) Whenever a person is or has been committed under
10several convictions, with separate sentences, the sentences
11shall be construed under Section 5-8-4 in granting and
12forfeiting of sentence credit.
13    (c) The Department shall prescribe rules and regulations
14for revoking sentence credit, including revoking sentence
15credit awarded for good conduct under paragraph (3) of
16subsection (a) of this Section. The Department shall prescribe
17rules and regulations for suspending or reducing the rate of
18accumulation of sentence credit for specific rule violations,
19during imprisonment. These rules and regulations shall provide
20that no inmate may be penalized more than one year of sentence
21credit for any one infraction.
22    When the Department seeks to revoke, suspend or reduce the
23rate of accumulation of any sentence credits for an alleged
24infraction of its rules, it shall bring charges therefor
25against the prisoner sought to be so deprived of sentence
26credits before the Prisoner Review Board as provided in

 

 

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1subparagraph (a)(4) of Section 3-3-2 of this Code, if the
2amount of credit at issue exceeds 30 days or when during any 12
3month period, the cumulative amount of credit revoked exceeds
430 days except where the infraction is committed or discovered
5within 60 days of scheduled release. In those cases, the
6Department of Corrections may revoke up to 30 days of sentence
7credit. The Board may subsequently approve the revocation of
8additional sentence credit, if the Department seeks to revoke
9sentence credit in excess of 30 days. However, the Board shall
10not be empowered to review the Department's decision with
11respect to the loss of 30 days of sentence credit within any
12calendar year for any prisoner or to increase any penalty
13beyond the length requested by the Department.
14    The Director of the Department of Corrections, in
15appropriate cases, may restore up to 30 days of sentence
16credits which have been revoked, suspended or reduced. Any
17restoration of sentence credits in excess of 30 days shall be
18subject to review by the Prisoner Review Board. However, the
19Board may not restore sentence credit in excess of the amount
20requested by the Director.
21    Nothing contained in this Section shall prohibit the
22Prisoner Review Board from ordering, pursuant to Section
233-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
24sentence imposed by the court that was not served due to the
25accumulation of sentence credit.
26    (d) If a lawsuit is filed by a prisoner in an Illinois or

 

 

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1federal court against the State, the Department of Corrections,
2or the Prisoner Review Board, or against any of their officers
3or employees, and the court makes a specific finding that a
4pleading, motion, or other paper filed by the prisoner is
5frivolous, the Department of Corrections shall conduct a
6hearing to revoke up to 180 days of sentence credit by bringing
7charges against the prisoner sought to be deprived of the
8sentence credits before the Prisoner Review Board as provided
9in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
10prisoner has not accumulated 180 days of sentence credit at the
11time of the finding, then the Prisoner Review Board may revoke
12all sentence credit accumulated by the prisoner.
13    For purposes of this subsection (d):
14        (1) "Frivolous" means that a pleading, motion, or other
15    filing which purports to be a legal document filed by a
16    prisoner in his or her lawsuit meets any or all of the
17    following criteria:
18            (A) it lacks an arguable basis either in law or in
19        fact;
20            (B) it is being presented for any improper purpose,
21        such as to harass or to cause unnecessary delay or
22        needless increase in the cost of litigation;
23            (C) the claims, defenses, and other legal
24        contentions therein are not warranted by existing law
25        or by a nonfrivolous argument for the extension,
26        modification, or reversal of existing law or the

 

 

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1        establishment of new law;
2            (D) the allegations and other factual contentions
3        do not have evidentiary support or, if specifically so
4        identified, are not likely to have evidentiary support
5        after a reasonable opportunity for further
6        investigation or discovery; or
7            (E) the denials of factual contentions are not
8        warranted on the evidence, or if specifically so
9        identified, are not reasonably based on a lack of
10        information or belief.
11        (2) "Lawsuit" means a motion pursuant to Section 116-3
12    of the Code of Criminal Procedure of 1963, a habeas corpus
13    action under Article X of the Code of Civil Procedure or
14    under federal law (28 U.S.C. 2254), a petition for claim
15    under the Court of Claims Act, an action under the federal
16    Civil Rights Act (42 U.S.C. 1983), or a second or
17    subsequent petition for post-conviction relief under
18    Article 122 of the Code of Criminal Procedure of 1963
19    whether filed with or without leave of court or a second or
20    subsequent petition for relief from judgment under Section
21    2-1401 of the Code of Civil Procedure.
22    (e) Nothing in Public Act 90-592 or 90-593 affects the
23validity of Public Act 89-404.
24    (f) Whenever the Department is to release any inmate who
25has been convicted of a violation of an order of protection
26under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or

 

 

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1the Criminal Code of 2012, earlier than it otherwise would
2because of a grant of sentence credit, the Department, as a
3condition of release, shall require that the person, upon
4release, be placed under electronic surveillance as provided in
5Section 5-8A-7 of this Code.
6(Source: P.A. 99-241, eff. 1-1-16; 99-275, eff. 1-1-16; 99-642,
7eff. 7-28-16; 100-3, eff. 1-1-18.)
 
8    (Text of Section from P.A. 99-938 and 100-3)
9    Sec. 3-6-3. Rules and regulations for sentence credit.
10    (a)(1) The Department of Corrections shall prescribe rules
11and regulations for awarding and revoking sentence credit for
12persons committed to the Department which shall be subject to
13review by the Prisoner Review Board.
14    (1.5) As otherwise provided by law, sentence credit may be
15awarded for the following:
16        (A) successful completion of programming while in
17    custody of the Department or while in custody prior to
18    sentencing;
19        (B) compliance with the rules and regulations of the
20    Department; or
21        (C) service to the institution, service to a community,
22    or service to the State.
23    (2) Except as provided in paragraph (4.7) of this
24subsection (a), the rules and regulations on sentence credit
25shall provide, with respect to offenses listed in clause (i),

 

 

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1(ii), or (iii) of this paragraph (2) committed on or after June
219, 1998 or with respect to the offense listed in clause (iv)
3of this paragraph (2) committed on or after June 23, 2005 (the
4effective date of Public Act 94-71) or with respect to offense
5listed in clause (vi) committed on or after June 1, 2008 (the
6effective date of Public Act 95-625) or with respect to the
7offense of being an armed habitual criminal committed on or
8after August 2, 2005 (the effective date of Public Act 94-398)
9or with respect to the offenses listed in clause (v) of this
10paragraph (2) committed on or after August 13, 2007 (the
11effective date of Public Act 95-134) or with respect to the
12offense of aggravated domestic battery committed on or after
13July 23, 2010 (the effective date of Public Act 96-1224) or
14with respect to the offense of attempt to commit terrorism
15committed on or after January 1, 2013 (the effective date of
16Public Act 97-990), the following:
17        (i) that a prisoner who is serving a term of
18    imprisonment for first degree murder or for the offense of
19    terrorism shall receive no sentence credit and shall serve
20    the entire sentence imposed by the court;
21        (ii) that a prisoner serving a sentence for attempt to
22    commit terrorism, attempt to commit first degree murder,
23    solicitation of murder, solicitation of murder for hire,
24    intentional homicide of an unborn child, predatory
25    criminal sexual assault of a child, aggravated criminal
26    sexual assault, criminal sexual assault, aggravated

 

 

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1    kidnapping, aggravated battery with a firearm as described
2    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
3    (e)(4) of Section 12-3.05, heinous battery as described in
4    Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
5    being an armed habitual criminal, aggravated battery of a
6    senior citizen as described in Section 12-4.6 or
7    subdivision (a)(4) of Section 12-3.05, or aggravated
8    battery of a child as described in Section 12-4.3 or
9    subdivision (b)(1) of Section 12-3.05 shall receive no more
10    than 4.5 days of sentence credit for each month of his or
11    her sentence of imprisonment;
12        (iii) that a prisoner serving a sentence for home
13    invasion, armed robbery, aggravated vehicular hijacking,
14    aggravated discharge of a firearm, or armed violence with a
15    category I weapon or category II weapon, when the court has
16    made and entered a finding, pursuant to subsection (c-1) of
17    Section 5-4-1 of this Code, that the conduct leading to
18    conviction for the enumerated offense resulted in great
19    bodily harm to a victim, shall receive no more than 4.5
20    days of sentence credit for each month of his or her
21    sentence of imprisonment;
22        (iv) that a prisoner serving a sentence for aggravated
23    discharge of a firearm, whether or not the conduct leading
24    to conviction for the offense resulted in great bodily harm
25    to the victim, shall receive no more than 4.5 days of
26    sentence credit for each month of his or her sentence of

 

 

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1    imprisonment;
2        (v) that a person serving a sentence for gunrunning,
3    narcotics racketeering, controlled substance trafficking,
4    methamphetamine trafficking, drug-induced homicide,
5    aggravated methamphetamine-related child endangerment,
6    money laundering pursuant to clause (c) (4) or (5) of
7    Section 29B-1 of the Criminal Code of 1961 or the Criminal
8    Code of 2012, or a Class X felony conviction for delivery
9    of a controlled substance, possession of a controlled
10    substance with intent to manufacture or deliver,
11    calculated criminal drug conspiracy, criminal drug
12    conspiracy, street gang criminal drug conspiracy,
13    participation in methamphetamine manufacturing, aggravated
14    participation in methamphetamine manufacturing, delivery
15    of methamphetamine, possession with intent to deliver
16    methamphetamine, aggravated delivery of methamphetamine,
17    aggravated possession with intent to deliver
18    methamphetamine, methamphetamine conspiracy when the
19    substance containing the controlled substance or
20    methamphetamine is 100 grams or more shall receive no more
21    than 7.5 days sentence credit for each month of his or her
22    sentence of imprisonment;
23        (vi) that a prisoner serving a sentence for a second or
24    subsequent offense of luring a minor shall receive no more
25    than 4.5 days of sentence credit for each month of his or
26    her sentence of imprisonment; and

 

 

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1        (vii) that a prisoner serving a sentence for aggravated
2    domestic battery shall receive no more than 4.5 days of
3    sentence credit for each month of his or her sentence of
4    imprisonment.
5    (2.1) For all offenses, other than those enumerated in
6subdivision (a)(2)(i), (ii), or (iii) committed on or after
7June 19, 1998 or subdivision (a)(2)(iv) committed on or after
8June 23, 2005 (the effective date of Public Act 94-71) or
9subdivision (a)(2)(v) committed on or after August 13, 2007
10(the effective date of Public Act 95-134) or subdivision
11(a)(2)(vi) committed on or after June 1, 2008 (the effective
12date of Public Act 95-625) or subdivision (a)(2)(vii) committed
13on or after July 23, 2010 (the effective date of Public Act
1496-1224), and other than the offense of aggravated driving
15under the influence of alcohol, other drug or drugs, or
16intoxicating compound or compounds, or any combination thereof
17as defined in subparagraph (F) of paragraph (1) of subsection
18(d) of Section 11-501 of the Illinois Vehicle Code, and other
19than the offense of aggravated driving under the influence of
20alcohol, other drug or drugs, or intoxicating compound or
21compounds, or any combination thereof as defined in
22subparagraph (C) of paragraph (1) of subsection (d) of Section
2311-501 of the Illinois Vehicle Code committed on or after
24January 1, 2011 (the effective date of Public Act 96-1230), the
25rules and regulations shall provide that a prisoner who is
26serving a term of imprisonment shall receive one day of

 

 

SB1607 Enrolled- 114 -LRB100 11093 RLC 21351 b

1sentence credit for each day of his or her sentence of
2imprisonment or recommitment under Section 3-3-9. Each day of
3sentence credit shall reduce by one day the prisoner's period
4of imprisonment or recommitment under Section 3-3-9.
5    (2.2) A prisoner serving a term of natural life
6imprisonment or a prisoner who has been sentenced to death
7shall receive no sentence credit.
8    (2.3) Except as provided in paragraph (4.7) of this
9subsection (a), the rules and regulations on sentence credit
10shall provide that a prisoner who is serving a sentence for
11aggravated driving under the influence of alcohol, other drug
12or drugs, or intoxicating compound or compounds, or any
13combination thereof as defined in subparagraph (F) of paragraph
14(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
15Code, shall receive no more than 4.5 days of sentence credit
16for each month of his or her sentence of imprisonment.
17    (2.4) Except as provided in paragraph (4.7) of this
18subsection (a), the rules and regulations on sentence credit
19shall provide with respect to the offenses of aggravated
20battery with a machine gun or a firearm equipped with any
21device or attachment designed or used for silencing the report
22of a firearm or aggravated discharge of a machine gun or a
23firearm equipped with any device or attachment designed or used
24for silencing the report of a firearm, committed on or after
25July 15, 1999 (the effective date of Public Act 91-121), that a
26prisoner serving a sentence for any of these offenses shall

 

 

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1receive no more than 4.5 days of sentence credit for each month
2of his or her sentence of imprisonment.
3    (2.5) Except as provided in paragraph (4.7) of this
4subsection (a), the rules and regulations on sentence credit
5shall provide that a prisoner who is serving a sentence for
6aggravated arson committed on or after July 27, 2001 (the
7effective date of Public Act 92-176) shall receive no more than
84.5 days of sentence credit for each month of his or her
9sentence of imprisonment.
10    (2.6) Except as provided in paragraph (4.7) of this
11subsection (a), the rules and regulations on sentence credit
12shall provide that a prisoner who is serving a sentence for
13aggravated driving under the influence of alcohol, other drug
14or drugs, or intoxicating compound or compounds or any
15combination thereof as defined in subparagraph (C) of paragraph
16(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
17Code committed on or after January 1, 2011 (the effective date
18of Public Act 96-1230) shall receive no more than 4.5 days of
19sentence credit for each month of his or her sentence of
20imprisonment.
21    (3) In addition to the sentence credits earned under
22paragraphs (2.1), (4), (4.1), and Except as provided in
23paragraph (4.7) of this subsection (a), the rules and
24regulations shall also provide that the Director may award up
25to 180 days of earned sentence credit for good conduct in
26specific instances as the Director deems proper. The good

 

 

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1conduct may include, but is not limited to, compliance with the
2rules and regulations of the Department, service to the
3Department, service to a community, or service to the State.
4    Eligible inmates for an award of earned sentence credit
5under this paragraph (3) may be selected to receive the credit
6at the Director's or his or her designee's sole discretion.
7Eligibility for the additional earned sentence credit under
8this paragraph (3) shall be based on, but is not limited to,
9the results of any available risk/needs assessment or other
10relevant assessments or evaluations administered by the
11Department using a validated instrument, the circumstances of
12the crime, any history of conviction for a forcible felony
13enumerated in Section 2-8 of the Criminal Code of 2012, the
14inmate's behavior and disciplinary history while incarcerated,
15and the inmate's commitment to rehabilitation, including
16participation in programming offered by the Department.
17    The Director shall not award sentence credit under this
18paragraph (3) to an inmate unless the inmate has served a
19minimum of 60 days of the sentence; except nothing in this
20paragraph shall be construed to permit the Director to extend
21an inmate's sentence beyond that which was imposed by the
22court. Prior to awarding credit under this paragraph (3), the
23Director shall make a written determination that the inmate:
24        (A) is eligible for the earned sentence credit;
25        (B) has served a minimum of 60 days, or as close to 60
26    days as the sentence will allow;

 

 

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1        (B-1) has received a risk/needs assessment or other
2    relevant evaluation or assessment administered by the
3    Department using a validated instrument; and
4        (C) has met the eligibility criteria established under
5    paragraph (4) of this subsection (a) and by rule for earned
6    sentence credit.
7    The Director shall determine the form and content of the
8written determination required in this subsection.
9    (3.5) The Department shall provide annual written reports
10to the Governor and the General Assembly on the award of earned
11sentence credit no later than February 1 of each year. The
12Department must publish both reports on its website within 48
13hours of transmitting the reports to the Governor and the
14General Assembly. The reports must include:
15        (A) the number of inmates awarded earned sentence
16    credit;
17        (B) the average amount of earned sentence credit
18    awarded;
19        (C) the holding offenses of inmates awarded earned
20    sentence credit; and
21        (D) the number of earned sentence credit revocations.
22    (4) Except as provided in paragraph (4.7) of this
23subsection (a), the rules and regulations shall also provide
24that the sentence credit accumulated and retained under
25paragraph (2.1) of subsection (a) of this Section by any inmate
26during specific periods of time in which such inmate is engaged

 

 

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1full-time in substance abuse programs, correctional industry
2assignments, educational programs, behavior modification
3programs, life skills courses, or re-entry planning provided by
4the Department under this paragraph (4) and satisfactorily
5completes the assigned program as determined by the standards
6of the Department, shall be multiplied by a factor of 1.25 for
7program participation before August 11, 1993 and 1.50 for
8program participation on or after that date. The rules and
9regulations shall also provide that sentence credit, subject to
10the same offense limits and multiplier provided in this
11paragraph, may be provided to an inmate who was held in
12pre-trial detention prior to his or her current commitment to
13the Department of Corrections and successfully completed a
14full-time, 60-day or longer substance abuse program,
15educational program, behavior modification program, life
16skills course, or re-entry planning provided by the county
17department of corrections or county jail. Calculation of this
18county program credit shall be done at sentencing as provided
19in Section 5-4.5-100 of this Code and shall be included in the
20sentencing order. However, no inmate shall be eligible for the
21additional sentence credit under this paragraph (4) or (4.1) of
22this subsection (a) while assigned to a boot camp or electronic
23detention.
24    Educational, vocational, substance abuse, behavior
25modification programs, life skills courses, re-entry planning,
26and correctional industry programs under which sentence credit

 

 

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1may be increased under this paragraph (4) and paragraph (4.1)
2of this subsection (a) shall be evaluated by the Department on
3the basis of documented standards. The Department shall report
4the results of these evaluations to the Governor and the
5General Assembly by September 30th of each year. The reports
6shall include data relating to the recidivism rate among
7program participants.
8    Availability of these programs shall be subject to the
9limits of fiscal resources appropriated by the General Assembly
10for these purposes. Eligible inmates who are denied immediate
11admission shall be placed on a waiting list under criteria
12established by the Department. The inability of any inmate to
13become engaged in any such programs by reason of insufficient
14program resources or for any other reason established under the
15rules and regulations of the Department shall not be deemed a
16cause of action under which the Department or any employee or
17agent of the Department shall be liable for damages to the
18inmate.
19    (4.1) Except as provided in paragraph (4.7) of this
20subsection (a), the rules and regulations shall also provide
21that an additional 90 days of sentence credit shall be awarded
22to any prisoner who passes high school equivalency testing
23while the prisoner is committed to the Department of
24Corrections. The sentence credit awarded under this paragraph
25(4.1) shall be in addition to, and shall not affect, the award
26of sentence credit under any other paragraph of this Section,

 

 

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1but shall also be pursuant to the guidelines and restrictions
2set forth in paragraph (4) of subsection (a) of this Section.
3The sentence credit provided for in this paragraph shall be
4available only to those prisoners who have not previously
5earned a high school diploma or a high school equivalency
6certificate. If, after an award of the high school equivalency
7testing sentence credit has been made, the Department
8determines that the prisoner was not eligible, then the award
9shall be revoked. The Department may also award 90 days of
10sentence credit to any committed person who passed high school
11equivalency testing while he or she was held in pre-trial
12detention prior to the current commitment to the Department of
13Corrections.
14    (4.5) The rules and regulations on sentence credit shall
15also provide that when the court's sentencing order recommends
16a prisoner for substance abuse treatment and the crime was
17committed on or after September 1, 2003 (the effective date of
18Public Act 93-354), the prisoner shall receive no sentence
19credit awarded under clause (3) of this subsection (a) unless
20he or she participates in and completes a substance abuse
21treatment program. The Director may waive the requirement to
22participate in or complete a substance abuse treatment program
23in specific instances if the prisoner is not a good candidate
24for a substance abuse treatment program for medical,
25programming, or operational reasons. Availability of substance
26abuse treatment shall be subject to the limits of fiscal

 

 

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1resources appropriated by the General Assembly for these
2purposes. If treatment is not available and the requirement to
3participate and complete the treatment has not been waived by
4the Director, the prisoner shall be placed on a waiting list
5under criteria established by the Department. The Director may
6allow a prisoner placed on a waiting list to participate in and
7complete a substance abuse education class or attend substance
8abuse self-help meetings in lieu of a substance abuse treatment
9program. A prisoner on a waiting list who is not placed in a
10substance abuse program prior to release may be eligible for a
11waiver and receive sentence credit under clause (3) of this
12subsection (a) at the discretion of the Director.
13    (4.6) The rules and regulations on sentence credit shall
14also provide that a prisoner who has been convicted of a sex
15offense as defined in Section 2 of the Sex Offender
16Registration Act shall receive no sentence credit unless he or
17she either has successfully completed or is participating in
18sex offender treatment as defined by the Sex Offender
19Management Board. However, prisoners who are waiting to receive
20treatment, but who are unable to do so due solely to the lack
21of resources on the part of the Department, may, at the
22Director's sole discretion, be awarded sentence credit at a
23rate as the Director shall determine.
24    (4.7) On or after the effective date of this amendatory Act
25of the 100th General Assembly, sentence credit under paragraph
26(3), (4), or (4.1) of this subsection (a) may be awarded to a

 

 

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1prisoner who is serving a sentence for an offense described in
2paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
3on or after the effective date of this amendatory Act of the
4100th General Assembly; provided, the award of the credits
5under this paragraph (4.7) shall not reduce the sentence of the
6prisoner to less than the following amounts:
7        (i) 85% of his or her sentence if the prisoner is
8    required to serve 85% of his or her sentence; or
9        (ii) 60% of his or her sentence if the prisoner is
10    required to serve 75% of his or her sentence, except if the
11    prisoner is serving a sentence for gunrunning his or her
12    sentence shall not be reduced to less than 75%.
13    This paragraph (4.7) shall not apply to a prisoner serving
14a sentence for an offense described in subparagraph (i) of
15paragraph (2) of this subsection (a).
16    (5) Whenever the Department is to release any inmate
17earlier than it otherwise would because of a grant of earned
18sentence credit under paragraph (3) of subsection (a) of this
19Section given at any time during the term, the Department shall
20give reasonable notice of the impending release not less than
2114 days prior to the date of the release to the State's
22Attorney of the county where the prosecution of the inmate took
23place, and if applicable, the State's Attorney of the county
24into which the inmate will be released. The Department must
25also make identification information and a recent photo of the
26inmate being released accessible on the Internet by means of a

 

 

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1hyperlink labeled "Community Notification of Inmate Early
2Release" on the Department's World Wide Web homepage. The
3identification information shall include the inmate's: name,
4any known alias, date of birth, physical characteristics,
5commitment offense and county where conviction was imposed. The
6identification information shall be placed on the website
7within 3 days of the inmate's release and the information may
8not be removed until either: completion of the first year of
9mandatory supervised release or return of the inmate to custody
10of the Department.
11    (b) Whenever a person is or has been committed under
12several convictions, with separate sentences, the sentences
13shall be construed under Section 5-8-4 in granting and
14forfeiting of sentence credit.
15    (c) The Department shall prescribe rules and regulations
16for revoking sentence credit, including revoking sentence
17credit awarded under paragraph (3) of subsection (a) of this
18Section. The Department shall prescribe rules and regulations
19for suspending or reducing the rate of accumulation of sentence
20credit for specific rule violations, during imprisonment.
21These rules and regulations shall provide that no inmate may be
22penalized more than one year of sentence credit for any one
23infraction.
24    When the Department seeks to revoke, suspend or reduce the
25rate of accumulation of any sentence credits for an alleged
26infraction of its rules, it shall bring charges therefor

 

 

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1against the prisoner sought to be so deprived of sentence
2credits before the Prisoner Review Board as provided in
3subparagraph (a)(4) of Section 3-3-2 of this Code, if the
4amount of credit at issue exceeds 30 days or when during any 12
5month period, the cumulative amount of credit revoked exceeds
630 days except where the infraction is committed or discovered
7within 60 days of scheduled release. In those cases, the
8Department of Corrections may revoke up to 30 days of sentence
9credit. The Board may subsequently approve the revocation of
10additional sentence credit, if the Department seeks to revoke
11sentence credit in excess of 30 days. However, the Board shall
12not be empowered to review the Department's decision with
13respect to the loss of 30 days of sentence credit within any
14calendar year for any prisoner or to increase any penalty
15beyond the length requested by the Department.
16    The Director of the Department of Corrections, in
17appropriate cases, may restore up to 30 days of sentence
18credits which have been revoked, suspended or reduced. Any
19restoration of sentence credits in excess of 30 days shall be
20subject to review by the Prisoner Review Board. However, the
21Board may not restore sentence credit in excess of the amount
22requested by the Director.
23    Nothing contained in this Section shall prohibit the
24Prisoner Review Board from ordering, pursuant to Section
253-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
26sentence imposed by the court that was not served due to the

 

 

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1accumulation of sentence credit.
2    (d) If a lawsuit is filed by a prisoner in an Illinois or
3federal court against the State, the Department of Corrections,
4or the Prisoner Review Board, or against any of their officers
5or employees, and the court makes a specific finding that a
6pleading, motion, or other paper filed by the prisoner is
7frivolous, the Department of Corrections shall conduct a
8hearing to revoke up to 180 days of sentence credit by bringing
9charges against the prisoner sought to be deprived of the
10sentence credits before the Prisoner Review Board as provided
11in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
12prisoner has not accumulated 180 days of sentence credit at the
13time of the finding, then the Prisoner Review Board may revoke
14all sentence credit accumulated by the prisoner.
15    For purposes of this subsection (d):
16        (1) "Frivolous" means that a pleading, motion, or other
17    filing which purports to be a legal document filed by a
18    prisoner in his or her lawsuit meets any or all of the
19    following criteria:
20            (A) it lacks an arguable basis either in law or in
21        fact;
22            (B) it is being presented for any improper purpose,
23        such as to harass or to cause unnecessary delay or
24        needless increase in the cost of litigation;
25            (C) the claims, defenses, and other legal
26        contentions therein are not warranted by existing law

 

 

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1        or by a nonfrivolous argument for the extension,
2        modification, or reversal of existing law or the
3        establishment of new law;
4            (D) the allegations and other factual contentions
5        do not have evidentiary support or, if specifically so
6        identified, are not likely to have evidentiary support
7        after a reasonable opportunity for further
8        investigation or discovery; or
9            (E) the denials of factual contentions are not
10        warranted on the evidence, or if specifically so
11        identified, are not reasonably based on a lack of
12        information or belief.
13        (2) "Lawsuit" means a motion pursuant to Section 116-3
14    of the Code of Criminal Procedure of 1963, a habeas corpus
15    action under Article X of the Code of Civil Procedure or
16    under federal law (28 U.S.C. 2254), a petition for claim
17    under the Court of Claims Act, an action under the federal
18    Civil Rights Act (42 U.S.C. 1983), or a second or
19    subsequent petition for post-conviction relief under
20    Article 122 of the Code of Criminal Procedure of 1963
21    whether filed with or without leave of court or a second or
22    subsequent petition for relief from judgment under Section
23    2-1401 of the Code of Civil Procedure.
24    (e) Nothing in Public Act 90-592 or 90-593 affects the
25validity of Public Act 89-404.
26    (f) Whenever the Department is to release any inmate who

 

 

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1has been convicted of a violation of an order of protection
2under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
3the Criminal Code of 2012, earlier than it otherwise would
4because of a grant of sentence credit, the Department, as a
5condition of release, shall require that the person, upon
6release, be placed under electronic surveillance as provided in
7Section 5-8A-7 of this Code.
8(Source: P.A. 99-241, eff. 1-1-16; 99-275, eff. 1-1-16; 99-642,
9eff. 7-28-16; 99-938, eff. 1-1-18; 100-3, eff. 1-1-18.)
 
10    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
11    (Text of Section before amendment by P.A. 99-938)
12    Sec. 5-5-3. Disposition.
13    (a) (Blank).
14    (b) (Blank).
15    (c) (1) (Blank).
16    (2) A period of probation, a term of periodic imprisonment
17or conditional discharge shall not be imposed for the following
18offenses. The court shall sentence the offender to not less
19than the minimum term of imprisonment set forth in this Code
20for the following offenses, and may order a fine or restitution
21or both in conjunction with such term of imprisonment:
22        (A) First degree murder where the death penalty is not
23    imposed.
24        (B) Attempted first degree murder.
25        (C) A Class X felony.

 

 

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1        (D) A violation of Section 401.1 or 407 of the Illinois
2    Controlled Substances Act, or a violation of subdivision
3    (c)(1.5) or (c)(2) of Section 401 of that Act which relates
4    to more than 5 grams of a substance containing cocaine,
5    fentanyl, or an analog thereof.
6        (D-5) A violation of subdivision (c)(1) of Section 401
7    of the Illinois Controlled Substances Act which relates to
8    3 or more grams of a substance containing heroin or an
9    analog thereof.
10        (E) A violation of Section 5.1 or 9 of the Cannabis
11    Control Act.
12        (F) A Class 2 or greater felony if the offender had
13    been convicted of a Class 2 or greater felony, including
14    any state or federal conviction for an offense that
15    contained, at the time it was committed, the same elements
16    as an offense now (the date of the offense committed after
17    the prior Class 2 or greater felony) classified as a Class
18    2 or greater felony, within 10 years of the date on which
19    the offender committed the offense for which he or she is
20    being sentenced, except as otherwise provided in Section
21    40-10 of the Alcoholism and Other Drug Abuse and Dependency
22    Act.
23        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
24    the Criminal Code of 1961 or the Criminal Code of 2012 for
25    which imprisonment is prescribed in those Sections.
26        (G) Residential burglary, except as otherwise provided

 

 

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1    in Section 40-10 of the Alcoholism and Other Drug Abuse and
2    Dependency Act.
3        (H) Criminal sexual assault.
4        (I) Aggravated battery of a senior citizen as described
5    in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
6    of the Criminal Code of 1961 or the Criminal Code of 2012.
7        (J) A forcible felony if the offense was related to the
8    activities of an organized gang.
9        Before July 1, 1994, for the purposes of this
10    paragraph, "organized gang" means an association of 5 or
11    more persons, with an established hierarchy, that
12    encourages members of the association to perpetrate crimes
13    or provides support to the members of the association who
14    do commit crimes.
15        Beginning July 1, 1994, for the purposes of this
16    paragraph, "organized gang" has the meaning ascribed to it
17    in Section 10 of the Illinois Streetgang Terrorism Omnibus
18    Prevention Act.
19        (K) Vehicular hijacking.
20        (L) A second or subsequent conviction for the offense
21    of hate crime when the underlying offense upon which the
22    hate crime is based is felony aggravated assault or felony
23    mob action.
24        (M) A second or subsequent conviction for the offense
25    of institutional vandalism if the damage to the property
26    exceeds $300.

 

 

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1        (N) A Class 3 felony violation of paragraph (1) of
2    subsection (a) of Section 2 of the Firearm Owners
3    Identification Card Act.
4        (O) A violation of Section 12-6.1 or 12-6.5 of the
5    Criminal Code of 1961 or the Criminal Code of 2012.
6        (P) A violation of paragraph (1), (2), (3), (4), (5),
7    or (7) of subsection (a) of Section 11-20.1 of the Criminal
8    Code of 1961 or the Criminal Code of 2012.
9        (Q) A violation of subsection (b) or (b-5) of Section
10    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
11    Code of 1961 or the Criminal Code of 2012.
12        (R) A violation of Section 24-3A of the Criminal Code
13    of 1961 or the Criminal Code of 2012.
14        (S) (Blank).
15        (T) A second or subsequent violation of the
16    Methamphetamine Control and Community Protection Act.
17        (U) A second or subsequent violation of Section 6-303
18    of the Illinois Vehicle Code committed while his or her
19    driver's license, permit, or privilege was revoked because
20    of a violation of Section 9-3 of the Criminal Code of 1961
21    or the Criminal Code of 2012, relating to the offense of
22    reckless homicide, or a similar provision of a law of
23    another state.
24        (V) A violation of paragraph (4) of subsection (c) of
25    Section 11-20.1B or paragraph (4) of subsection (c) of
26    Section 11-20.3 of the Criminal Code of 1961, or paragraph

 

 

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1    (6) of subsection (a) of Section 11-20.1 of the Criminal
2    Code of 2012 when the victim is under 13 years of age and
3    the defendant has previously been convicted under the laws
4    of this State or any other state of the offense of child
5    pornography, aggravated child pornography, aggravated
6    criminal sexual abuse, aggravated criminal sexual assault,
7    predatory criminal sexual assault of a child, or any of the
8    offenses formerly known as rape, deviate sexual assault,
9    indecent liberties with a child, or aggravated indecent
10    liberties with a child where the victim was under the age
11    of 18 years or an offense that is substantially equivalent
12    to those offenses.
13        (W) A violation of Section 24-3.5 of the Criminal Code
14    of 1961 or the Criminal Code of 2012.
15        (X) A violation of subsection (a) of Section 31-1a of
16    the Criminal Code of 1961 or the Criminal Code of 2012.
17        (Y) A conviction for unlawful possession of a firearm
18    by a street gang member when the firearm was loaded or
19    contained firearm ammunition.
20        (Z) A Class 1 felony committed while he or she was
21    serving a term of probation or conditional discharge for a
22    felony.
23        (AA) Theft of property exceeding $500,000 and not
24    exceeding $1,000,000 in value.
25        (BB) Laundering of criminally derived property of a
26    value exceeding $500,000.

 

 

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1        (CC) Knowingly selling, offering for sale, holding for
2    sale, or using 2,000 or more counterfeit items or
3    counterfeit items having a retail value in the aggregate of
4    $500,000 or more.
5        (DD) A conviction for aggravated assault under
6    paragraph (6) of subsection (c) of Section 12-2 of the
7    Criminal Code of 1961 or the Criminal Code of 2012 if the
8    firearm is aimed toward the person against whom the firearm
9    is being used.
10        (EE) A conviction for a violation of paragraph (2) of
11    subsection (a) of Section 24-3B of the Criminal Code of
12    2012.
13    (3) (Blank).
14    (4) A minimum term of imprisonment of not less than 10
15consecutive days or 30 days of community service shall be
16imposed for a violation of paragraph (c) of Section 6-303 of
17the Illinois Vehicle Code.
18    (4.1) (Blank).
19    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
20this subsection (c), a minimum of 100 hours of community
21service shall be imposed for a second violation of Section
226-303 of the Illinois Vehicle Code.
23    (4.3) A minimum term of imprisonment of 30 days or 300
24hours of community service, as determined by the court, shall
25be imposed for a second violation of subsection (c) of Section
266-303 of the Illinois Vehicle Code.

 

 

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1    (4.4) Except as provided in paragraphs (4.5), (4.6), and
2(4.9) of this subsection (c), a minimum term of imprisonment of
330 days or 300 hours of community service, as determined by the
4court, shall be imposed for a third or subsequent violation of
5Section 6-303 of the Illinois Vehicle Code. The court may give
6credit toward the fulfillment of community service hours for
7participation in activities and treatment as determined by
8court services.
9    (4.5) A minimum term of imprisonment of 30 days shall be
10imposed for a third violation of subsection (c) of Section
116-303 of the Illinois Vehicle Code.
12    (4.6) Except as provided in paragraph (4.10) of this
13subsection (c), a minimum term of imprisonment of 180 days
14shall be imposed for a fourth or subsequent violation of
15subsection (c) of Section 6-303 of the Illinois Vehicle Code.
16    (4.7) A minimum term of imprisonment of not less than 30
17consecutive days, or 300 hours of community service, shall be
18imposed for a violation of subsection (a-5) of Section 6-303 of
19the Illinois Vehicle Code, as provided in subsection (b-5) of
20that Section.
21    (4.8) A mandatory prison sentence shall be imposed for a
22second violation of subsection (a-5) of Section 6-303 of the
23Illinois Vehicle Code, as provided in subsection (c-5) of that
24Section. The person's driving privileges shall be revoked for a
25period of not less than 5 years from the date of his or her
26release from prison.

 

 

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1    (4.9) A mandatory prison sentence of not less than 4 and
2not more than 15 years shall be imposed for a third violation
3of subsection (a-5) of Section 6-303 of the Illinois Vehicle
4Code, as provided in subsection (d-2.5) of that Section. The
5person's driving privileges shall be revoked for the remainder
6of his or her life.
7    (4.10) A mandatory prison sentence for a Class 1 felony
8shall be imposed, and the person shall be eligible for an
9extended term sentence, for a fourth or subsequent violation of
10subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
11as provided in subsection (d-3.5) of that Section. The person's
12driving privileges shall be revoked for the remainder of his or
13her life.
14    (5) The court may sentence a corporation or unincorporated
15association convicted of any offense to:
16        (A) a period of conditional discharge;
17        (B) a fine;
18        (C) make restitution to the victim under Section 5-5-6
19    of this Code.
20    (5.1) In addition to any other penalties imposed, and
21except as provided in paragraph (5.2) or (5.3), a person
22convicted of violating subsection (c) of Section 11-907 of the
23Illinois Vehicle Code shall have his or her driver's license,
24permit, or privileges suspended for at least 90 days but not
25more than one year, if the violation resulted in damage to the
26property of another person.

 

 

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1    (5.2) In addition to any other penalties imposed, and
2except as provided in paragraph (5.3), a person convicted of
3violating subsection (c) of Section 11-907 of the Illinois
4Vehicle Code shall have his or her driver's license, permit, or
5privileges suspended for at least 180 days but not more than 2
6years, if the violation resulted in injury to another person.
7    (5.3) In addition to any other penalties imposed, a person
8convicted of violating subsection (c) of Section 11-907 of the
9Illinois Vehicle Code shall have his or her driver's license,
10permit, or privileges suspended for 2 years, if the violation
11resulted in the death of another person.
12    (5.4) In addition to any other penalties imposed, a person
13convicted of violating Section 3-707 of the Illinois Vehicle
14Code shall have his or her driver's license, permit, or
15privileges suspended for 3 months and until he or she has paid
16a reinstatement fee of $100.
17    (5.5) In addition to any other penalties imposed, a person
18convicted of violating Section 3-707 of the Illinois Vehicle
19Code during a period in which his or her driver's license,
20permit, or privileges were suspended for a previous violation
21of that Section shall have his or her driver's license, permit,
22or privileges suspended for an additional 6 months after the
23expiration of the original 3-month suspension and until he or
24she has paid a reinstatement fee of $100.
25    (6) (Blank).
26    (7) (Blank).

 

 

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1    (8) (Blank).
2    (9) A defendant convicted of a second or subsequent offense
3of ritualized abuse of a child may be sentenced to a term of
4natural life imprisonment.
5    (10) (Blank).
6    (11) The court shall impose a minimum fine of $1,000 for a
7first offense and $2,000 for a second or subsequent offense
8upon a person convicted of or placed on supervision for battery
9when the individual harmed was a sports official or coach at
10any level of competition and the act causing harm to the sports
11official or coach occurred within an athletic facility or
12within the immediate vicinity of the athletic facility at which
13the sports official or coach was an active participant of the
14athletic contest held at the athletic facility. For the
15purposes of this paragraph (11), "sports official" means a
16person at an athletic contest who enforces the rules of the
17contest, such as an umpire or referee; "athletic facility"
18means an indoor or outdoor playing field or recreational area
19where sports activities are conducted; and "coach" means a
20person recognized as a coach by the sanctioning authority that
21conducted the sporting event.
22    (12) A person may not receive a disposition of court
23supervision for a violation of Section 5-16 of the Boat
24Registration and Safety Act if that person has previously
25received a disposition of court supervision for a violation of
26that Section.

 

 

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1    (13) A person convicted of or placed on court supervision
2for an assault or aggravated assault when the victim and the
3offender are family or household members as defined in Section
4103 of the Illinois Domestic Violence Act of 1986 or convicted
5of domestic battery or aggravated domestic battery may be
6required to attend a Partner Abuse Intervention Program under
7protocols set forth by the Illinois Department of Human
8Services under such terms and conditions imposed by the court.
9The costs of such classes shall be paid by the offender.
10    (d) In any case in which a sentence originally imposed is
11vacated, the case shall be remanded to the trial court. The
12trial court shall hold a hearing under Section 5-4-1 of the
13Unified Code of Corrections which may include evidence of the
14defendant's life, moral character and occupation during the
15time since the original sentence was passed. The trial court
16shall then impose sentence upon the defendant. The trial court
17may impose any sentence which could have been imposed at the
18original trial subject to Section 5-5-4 of the Unified Code of
19Corrections. If a sentence is vacated on appeal or on
20collateral attack due to the failure of the trier of fact at
21trial to determine beyond a reasonable doubt the existence of a
22fact (other than a prior conviction) necessary to increase the
23punishment for the offense beyond the statutory maximum
24otherwise applicable, either the defendant may be re-sentenced
25to a term within the range otherwise provided or, if the State
26files notice of its intention to again seek the extended

 

 

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1sentence, the defendant shall be afforded a new trial.
2    (e) In cases where prosecution for aggravated criminal
3sexual abuse under Section 11-1.60 or 12-16 of the Criminal
4Code of 1961 or the Criminal Code of 2012 results in conviction
5of a defendant who was a family member of the victim at the
6time of the commission of the offense, the court shall consider
7the safety and welfare of the victim and may impose a sentence
8of probation only where:
9        (1) the court finds (A) or (B) or both are appropriate:
10            (A) the defendant is willing to undergo a court
11        approved counseling program for a minimum duration of 2
12        years; or
13            (B) the defendant is willing to participate in a
14        court approved plan including but not limited to the
15        defendant's:
16                (i) removal from the household;
17                (ii) restricted contact with the victim;
18                (iii) continued financial support of the
19            family;
20                (iv) restitution for harm done to the victim;
21            and
22                (v) compliance with any other measures that
23            the court may deem appropriate; and
24        (2) the court orders the defendant to pay for the
25    victim's counseling services, to the extent that the court
26    finds, after considering the defendant's income and

 

 

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1    assets, that the defendant is financially capable of paying
2    for such services, if the victim was under 18 years of age
3    at the time the offense was committed and requires
4    counseling as a result of the offense.
5    Probation may be revoked or modified pursuant to Section
65-6-4; except where the court determines at the hearing that
7the defendant violated a condition of his or her probation
8restricting contact with the victim or other family members or
9commits another offense with the victim or other family
10members, the court shall revoke the defendant's probation and
11impose a term of imprisonment.
12    For the purposes of this Section, "family member" and
13"victim" shall have the meanings ascribed to them in Section
1411-0.1 of the Criminal Code of 2012.
15    (f) (Blank).
16    (g) Whenever a defendant is convicted of an offense under
17Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1811-14.3, 11-14.4 except for an offense that involves keeping a
19place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
2011-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
2112-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
22Criminal Code of 2012, the defendant shall undergo medical
23testing to determine whether the defendant has any sexually
24transmissible disease, including a test for infection with
25human immunodeficiency virus (HIV) or any other identified
26causative agent of acquired immunodeficiency syndrome (AIDS).

 

 

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1Any such medical test shall be performed only by appropriately
2licensed medical practitioners and may include an analysis of
3any bodily fluids as well as an examination of the defendant's
4person. Except as otherwise provided by law, the results of
5such test shall be kept strictly confidential by all medical
6personnel involved in the testing and must be personally
7delivered in a sealed envelope to the judge of the court in
8which the conviction was entered for the judge's inspection in
9camera. Acting in accordance with the best interests of the
10victim and the public, the judge shall have the discretion to
11determine to whom, if anyone, the results of the testing may be
12revealed. The court shall notify the defendant of the test
13results. The court shall also notify the victim if requested by
14the victim, and if the victim is under the age of 15 and if
15requested by the victim's parents or legal guardian, the court
16shall notify the victim's parents or legal guardian of the test
17results. The court shall provide information on the
18availability of HIV testing and counseling at Department of
19Public Health facilities to all parties to whom the results of
20the testing are revealed and shall direct the State's Attorney
21to provide the information to the victim when possible. A
22State's Attorney may petition the court to obtain the results
23of any HIV test administered under this Section, and the court
24shall grant the disclosure if the State's Attorney shows it is
25relevant in order to prosecute a charge of criminal
26transmission of HIV under Section 12-5.01 or 12-16.2 of the

 

 

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1Criminal Code of 1961 or the Criminal Code of 2012 against the
2defendant. The court shall order that the cost of any such test
3shall be paid by the county and may be taxed as costs against
4the convicted defendant.
5    (g-5) When an inmate is tested for an airborne communicable
6disease, as determined by the Illinois Department of Public
7Health including but not limited to tuberculosis, the results
8of the test shall be personally delivered by the warden or his
9or her designee in a sealed envelope to the judge of the court
10in which the inmate must appear for the judge's inspection in
11camera if requested by the judge. Acting in accordance with the
12best interests of those in the courtroom, the judge shall have
13the discretion to determine what if any precautions need to be
14taken to prevent transmission of the disease in the courtroom.
15    (h) Whenever a defendant is convicted of an offense under
16Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
17defendant shall undergo medical testing to determine whether
18the defendant has been exposed to human immunodeficiency virus
19(HIV) or any other identified causative agent of acquired
20immunodeficiency syndrome (AIDS). Except as otherwise provided
21by law, the results of such test shall be kept strictly
22confidential by all medical personnel involved in the testing
23and must be personally delivered in a sealed envelope to the
24judge of the court in which the conviction was entered for the
25judge's inspection in camera. Acting in accordance with the
26best interests of the public, the judge shall have the

 

 

SB1607 Enrolled- 142 -LRB100 11093 RLC 21351 b

1discretion to determine to whom, if anyone, the results of the
2testing may be revealed. The court shall notify the defendant
3of a positive test showing an infection with the human
4immunodeficiency virus (HIV). The court shall provide
5information on the availability of HIV testing and counseling
6at Department of Public Health facilities to all parties to
7whom the results of the testing are revealed and shall direct
8the State's Attorney to provide the information to the victim
9when possible. A State's Attorney may petition the court to
10obtain the results of any HIV test administered under this
11Section, and the court shall grant the disclosure if the
12State's Attorney shows it is relevant in order to prosecute a
13charge of criminal transmission of HIV under Section 12-5.01 or
1412-16.2 of the Criminal Code of 1961 or the Criminal Code of
152012 against the defendant. The court shall order that the cost
16of any such test shall be paid by the county and may be taxed as
17costs against the convicted defendant.
18    (i) All fines and penalties imposed under this Section for
19any violation of Chapters 3, 4, 6, and 11 of the Illinois
20Vehicle Code, or a similar provision of a local ordinance, and
21any violation of the Child Passenger Protection Act, or a
22similar provision of a local ordinance, shall be collected and
23disbursed by the circuit clerk as provided under Section 27.5
24of the Clerks of Courts Act.
25    (j) In cases when prosecution for any violation of Section
2611-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,

 

 

SB1607 Enrolled- 143 -LRB100 11093 RLC 21351 b

111-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
211-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
311-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
412-15, or 12-16 of the Criminal Code of 1961 or the Criminal
5Code of 2012, any violation of the Illinois Controlled
6Substances Act, any violation of the Cannabis Control Act, or
7any violation of the Methamphetamine Control and Community
8Protection Act results in conviction, a disposition of court
9supervision, or an order of probation granted under Section 10
10of the Cannabis Control Act, Section 410 of the Illinois
11Controlled Substances Act, or Section 70 of the Methamphetamine
12Control and Community Protection Act of a defendant, the court
13shall determine whether the defendant is employed by a facility
14or center as defined under the Child Care Act of 1969, a public
15or private elementary or secondary school, or otherwise works
16with children under 18 years of age on a daily basis. When a
17defendant is so employed, the court shall order the Clerk of
18the Court to send a copy of the judgment of conviction or order
19of supervision or probation to the defendant's employer by
20certified mail. If the employer of the defendant is a school,
21the Clerk of the Court shall direct the mailing of a copy of
22the judgment of conviction or order of supervision or probation
23to the appropriate regional superintendent of schools. The
24regional superintendent of schools shall notify the State Board
25of Education of any notification under this subsection.
26    (j-5) A defendant at least 17 years of age who is convicted

 

 

SB1607 Enrolled- 144 -LRB100 11093 RLC 21351 b

1of a felony and who has not been previously convicted of a
2misdemeanor or felony and who is sentenced to a term of
3imprisonment in the Illinois Department of Corrections shall as
4a condition of his or her sentence be required by the court to
5attend educational courses designed to prepare the defendant
6for a high school diploma and to work toward a high school
7diploma or to work toward passing high school equivalency
8testing or to work toward completing a vocational training
9program offered by the Department of Corrections. If a
10defendant fails to complete the educational training required
11by his or her sentence during the term of incarceration, the
12Prisoner Review Board shall, as a condition of mandatory
13supervised release, require the defendant, at his or her own
14expense, to pursue a course of study toward a high school
15diploma or passage of high school equivalency testing. The
16Prisoner Review Board shall revoke the mandatory supervised
17release of a defendant who wilfully fails to comply with this
18subsection (j-5) upon his or her release from confinement in a
19penal institution while serving a mandatory supervised release
20term; however, the inability of the defendant after making a
21good faith effort to obtain financial aid or pay for the
22educational training shall not be deemed a wilful failure to
23comply. The Prisoner Review Board shall recommit the defendant
24whose mandatory supervised release term has been revoked under
25this subsection (j-5) as provided in Section 3-3-9. This
26subsection (j-5) does not apply to a defendant who has a high

 

 

SB1607 Enrolled- 145 -LRB100 11093 RLC 21351 b

1school diploma or has successfully passed high school
2equivalency testing. This subsection (j-5) does not apply to a
3defendant who is determined by the court to be a person with a
4developmental disability or otherwise mentally incapable of
5completing the educational or vocational program.
6    (k) (Blank).
7    (l) (A) Except as provided in paragraph (C) of subsection
8(l), whenever a defendant, who is an alien as defined by the
9Immigration and Nationality Act, is convicted of any felony or
10misdemeanor offense, the court after sentencing the defendant
11may, upon motion of the State's Attorney, hold sentence in
12abeyance and remand the defendant to the custody of the
13Attorney General of the United States or his or her designated
14agent to be deported when:
15        (1) a final order of deportation has been issued
16    against the defendant pursuant to proceedings under the
17    Immigration and Nationality Act, and
18        (2) the deportation of the defendant would not
19    deprecate the seriousness of the defendant's conduct and
20    would not be inconsistent with the ends of justice.
21    Otherwise, the defendant shall be sentenced as provided in
22this Chapter V.
23    (B) If the defendant has already been sentenced for a
24felony or misdemeanor offense, or has been placed on probation
25under Section 10 of the Cannabis Control Act, Section 410 of
26the Illinois Controlled Substances Act, or Section 70 of the

 

 

SB1607 Enrolled- 146 -LRB100 11093 RLC 21351 b

1Methamphetamine Control and Community Protection Act, the
2court may, upon motion of the State's Attorney to suspend the
3sentence imposed, commit the defendant to the custody of the
4Attorney General of the United States or his or her designated
5agent when:
6        (1) a final order of deportation has been issued
7    against the defendant pursuant to proceedings under the
8    Immigration and Nationality Act, and
9        (2) the deportation of the defendant would not
10    deprecate the seriousness of the defendant's conduct and
11    would not be inconsistent with the ends of justice.
12    (C) This subsection (l) does not apply to offenders who are
13subject to the provisions of paragraph (2) of subsection (a) of
14Section 3-6-3.
15    (D) Upon motion of the State's Attorney, if a defendant
16sentenced under this Section returns to the jurisdiction of the
17United States, the defendant shall be recommitted to the
18custody of the county from which he or she was sentenced.
19Thereafter, the defendant shall be brought before the
20sentencing court, which may impose any sentence that was
21available under Section 5-5-3 at the time of initial
22sentencing. In addition, the defendant shall not be eligible
23for additional sentence credit for good conduct as provided
24under Section 3-6-3.
25    (m) A person convicted of criminal defacement of property
26under Section 21-1.3 of the Criminal Code of 1961 or the

 

 

SB1607 Enrolled- 147 -LRB100 11093 RLC 21351 b

1Criminal Code of 2012, in which the property damage exceeds
2$300 and the property damaged is a school building, shall be
3ordered to perform community service that may include cleanup,
4removal, or painting over the defacement.
5    (n) The court may sentence a person convicted of a
6violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
7subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
8of 1961 or the Criminal Code of 2012 (i) to an impact
9incarceration program if the person is otherwise eligible for
10that program under Section 5-8-1.1, (ii) to community service,
11or (iii) if the person is an addict or alcoholic, as defined in
12the Alcoholism and Other Drug Abuse and Dependency Act, to a
13substance or alcohol abuse program licensed under that Act.
14    (o) Whenever a person is convicted of a sex offense as
15defined in Section 2 of the Sex Offender Registration Act, the
16defendant's driver's license or permit shall be subject to
17renewal on an annual basis in accordance with the provisions of
18license renewal established by the Secretary of State.
19(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14;
2099-143, eff. 7-27-15; 99-885, eff. 8-23-16.)
 
21    (Text of Section after amendment by P.A. 99-938)
22    Sec. 5-5-3. Disposition.
23    (a) (Blank).
24    (b) (Blank).
25    (c) (1) (Blank).

 

 

SB1607 Enrolled- 148 -LRB100 11093 RLC 21351 b

1    (2) A period of probation, a term of periodic imprisonment
2or conditional discharge shall not be imposed for the following
3offenses. The court shall sentence the offender to not less
4than the minimum term of imprisonment set forth in this Code
5for the following offenses, and may order a fine or restitution
6or both in conjunction with such term of imprisonment:
7        (A) First degree murder where the death penalty is not
8    imposed.
9        (B) Attempted first degree murder.
10        (C) A Class X felony.
11        (D) A violation of Section 401.1 or 407 of the Illinois
12    Controlled Substances Act, or a violation of subdivision
13    (c)(1.5) of Section 401 of that Act which relates to more
14    than 5 grams of a substance containing fentanyl or an
15    analog thereof.
16        (D-5) A violation of subdivision (c)(1) of Section 401
17    of the Illinois Controlled Substances Act which relates to
18    3 or more grams of a substance containing heroin or an
19    analog thereof.
20        (E) (Blank).
21        (F) A Class 1 or greater felony if the offender had
22    been convicted of a Class 1 or greater felony, including
23    any state or federal conviction for an offense that
24    contained, at the time it was committed, the same elements
25    as an offense now (the date of the offense committed after
26    the prior Class 1 or greater felony) classified as a Class

 

 

SB1607 Enrolled- 149 -LRB100 11093 RLC 21351 b

1    1 or greater felony, within 10 years of the date on which
2    the offender committed the offense for which he or she is
3    being sentenced, except as otherwise provided in Section
4    40-10 of the Alcoholism and Other Drug Abuse and Dependency
5    Act.
6        (F-3) A Class 2 or greater felony sex offense or felony
7    firearm offense if the offender had been convicted of a
8    Class 2 or greater felony, including any state or federal
9    conviction for an offense that contained, at the time it
10    was committed, the same elements as an offense now (the
11    date of the offense committed after the prior Class 2 or
12    greater felony) classified as a Class 2 or greater felony,
13    within 10 years of the date on which the offender committed
14    the offense for which he or she is being sentenced, except
15    as otherwise provided in Section 40-10 of the Alcoholism
16    and Other Drug Abuse and Dependency Act.
17        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
18    the Criminal Code of 1961 or the Criminal Code of 2012 for
19    which imprisonment is prescribed in those Sections.
20        (G) Residential burglary, except as otherwise provided
21    in Section 40-10 of the Alcoholism and Other Drug Abuse and
22    Dependency Act.
23        (H) Criminal sexual assault.
24        (I) Aggravated battery of a senior citizen as described
25    in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
26    of the Criminal Code of 1961 or the Criminal Code of 2012.

 

 

SB1607 Enrolled- 150 -LRB100 11093 RLC 21351 b

1        (J) A forcible felony if the offense was related to the
2    activities of an organized gang.
3        Before July 1, 1994, for the purposes of this
4    paragraph, "organized gang" means an association of 5 or
5    more persons, with an established hierarchy, that
6    encourages members of the association to perpetrate crimes
7    or provides support to the members of the association who
8    do commit crimes.
9        Beginning July 1, 1994, for the purposes of this
10    paragraph, "organized gang" has the meaning ascribed to it
11    in Section 10 of the Illinois Streetgang Terrorism Omnibus
12    Prevention Act.
13        (K) Vehicular hijacking.
14        (L) A second or subsequent conviction for the offense
15    of hate crime when the underlying offense upon which the
16    hate crime is based is felony aggravated assault or felony
17    mob action.
18        (M) A second or subsequent conviction for the offense
19    of institutional vandalism if the damage to the property
20    exceeds $300.
21        (N) A Class 3 felony violation of paragraph (1) of
22    subsection (a) of Section 2 of the Firearm Owners
23    Identification Card Act.
24        (O) A violation of Section 12-6.1 or 12-6.5 of the
25    Criminal Code of 1961 or the Criminal Code of 2012.
26        (P) A violation of paragraph (1), (2), (3), (4), (5),

 

 

SB1607 Enrolled- 151 -LRB100 11093 RLC 21351 b

1    or (7) of subsection (a) of Section 11-20.1 of the Criminal
2    Code of 1961 or the Criminal Code of 2012.
3        (Q) A violation of subsection (b) or (b-5) of Section
4    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
5    Code of 1961 or the Criminal Code of 2012.
6        (R) A violation of Section 24-3A of the Criminal Code
7    of 1961 or the Criminal Code of 2012.
8        (S) (Blank).
9        (T) (Blank).
10        (U) A second or subsequent violation of Section 6-303
11    of the Illinois Vehicle Code committed while his or her
12    driver's license, permit, or privilege was revoked because
13    of a violation of Section 9-3 of the Criminal Code of 1961
14    or the Criminal Code of 2012, relating to the offense of
15    reckless homicide, or a similar provision of a law of
16    another state.
17        (V) A violation of paragraph (4) of subsection (c) of
18    Section 11-20.1B or paragraph (4) of subsection (c) of
19    Section 11-20.3 of the Criminal Code of 1961, or paragraph
20    (6) of subsection (a) of Section 11-20.1 of the Criminal
21    Code of 2012 when the victim is under 13 years of age and
22    the defendant has previously been convicted under the laws
23    of this State or any other state of the offense of child
24    pornography, aggravated child pornography, aggravated
25    criminal sexual abuse, aggravated criminal sexual assault,
26    predatory criminal sexual assault of a child, or any of the

 

 

SB1607 Enrolled- 152 -LRB100 11093 RLC 21351 b

1    offenses formerly known as rape, deviate sexual assault,
2    indecent liberties with a child, or aggravated indecent
3    liberties with a child where the victim was under the age
4    of 18 years or an offense that is substantially equivalent
5    to those offenses.
6        (W) A violation of Section 24-3.5 of the Criminal Code
7    of 1961 or the Criminal Code of 2012.
8        (X) A violation of subsection (a) of Section 31-1a of
9    the Criminal Code of 1961 or the Criminal Code of 2012.
10        (Y) A conviction for unlawful possession of a firearm
11    by a street gang member when the firearm was loaded or
12    contained firearm ammunition.
13        (Z) A Class 1 felony committed while he or she was
14    serving a term of probation or conditional discharge for a
15    felony.
16        (AA) Theft of property exceeding $500,000 and not
17    exceeding $1,000,000 in value.
18        (BB) Laundering of criminally derived property of a
19    value exceeding $500,000.
20        (CC) Knowingly selling, offering for sale, holding for
21    sale, or using 2,000 or more counterfeit items or
22    counterfeit items having a retail value in the aggregate of
23    $500,000 or more.
24        (DD) A conviction for aggravated assault under
25    paragraph (6) of subsection (c) of Section 12-2 of the
26    Criminal Code of 1961 or the Criminal Code of 2012 if the

 

 

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1    firearm is aimed toward the person against whom the firearm
2    is being used.
3        (EE) A conviction for a violation of paragraph (2) of
4    subsection (a) of Section 24-3B of the Criminal Code of
5    2012.
6    (3) (Blank).
7    (4) A minimum term of imprisonment of not less than 10
8consecutive days or 30 days of community service shall be
9imposed for a violation of paragraph (c) of Section 6-303 of
10the Illinois Vehicle Code.
11    (4.1) (Blank).
12    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
13this subsection (c), a minimum of 100 hours of community
14service shall be imposed for a second violation of Section
156-303 of the Illinois Vehicle Code.
16    (4.3) A minimum term of imprisonment of 30 days or 300
17hours of community service, as determined by the court, shall
18be imposed for a second violation of subsection (c) of Section
196-303 of the Illinois Vehicle Code.
20    (4.4) Except as provided in paragraphs (4.5), (4.6), and
21(4.9) of this subsection (c), a minimum term of imprisonment of
2230 days or 300 hours of community service, as determined by the
23court, shall be imposed for a third or subsequent violation of
24Section 6-303 of the Illinois Vehicle Code. The court may give
25credit toward the fulfillment of community service hours for
26participation in activities and treatment as determined by

 

 

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1court services.
2    (4.5) A minimum term of imprisonment of 30 days shall be
3imposed for a third violation of subsection (c) of Section
46-303 of the Illinois Vehicle Code.
5    (4.6) Except as provided in paragraph (4.10) of this
6subsection (c), a minimum term of imprisonment of 180 days
7shall be imposed for a fourth or subsequent violation of
8subsection (c) of Section 6-303 of the Illinois Vehicle Code.
9    (4.7) A minimum term of imprisonment of not less than 30
10consecutive days, or 300 hours of community service, shall be
11imposed for a violation of subsection (a-5) of Section 6-303 of
12the Illinois Vehicle Code, as provided in subsection (b-5) of
13that Section.
14    (4.8) A mandatory prison sentence shall be imposed for a
15second violation of subsection (a-5) of Section 6-303 of the
16Illinois Vehicle Code, as provided in subsection (c-5) of that
17Section. The person's driving privileges shall be revoked for a
18period of not less than 5 years from the date of his or her
19release from prison.
20    (4.9) A mandatory prison sentence of not less than 4 and
21not more than 15 years shall be imposed for a third violation
22of subsection (a-5) of Section 6-303 of the Illinois Vehicle
23Code, as provided in subsection (d-2.5) of that Section. The
24person's driving privileges shall be revoked for the remainder
25of his or her life.
26    (4.10) A mandatory prison sentence for a Class 1 felony

 

 

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1shall be imposed, and the person shall be eligible for an
2extended term sentence, for a fourth or subsequent violation of
3subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
4as provided in subsection (d-3.5) of that Section. The person's
5driving privileges shall be revoked for the remainder of his or
6her life.
7    (5) The court may sentence a corporation or unincorporated
8association convicted of any offense to:
9        (A) a period of conditional discharge;
10        (B) a fine;
11        (C) make restitution to the victim under Section 5-5-6
12    of this Code.
13    (5.1) In addition to any other penalties imposed, and
14except as provided in paragraph (5.2) or (5.3), a person
15convicted of violating subsection (c) of Section 11-907 of the
16Illinois Vehicle Code shall have his or her driver's license,
17permit, or privileges suspended for at least 90 days but not
18more than one year, if the violation resulted in damage to the
19property of another person.
20    (5.2) In addition to any other penalties imposed, and
21except as provided in paragraph (5.3), a person convicted of
22violating subsection (c) of Section 11-907 of the Illinois
23Vehicle Code shall have his or her driver's license, permit, or
24privileges suspended for at least 180 days but not more than 2
25years, if the violation resulted in injury to another person.
26    (5.3) In addition to any other penalties imposed, a person

 

 

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1convicted of violating subsection (c) of Section 11-907 of the
2Illinois Vehicle Code shall have his or her driver's license,
3permit, or privileges suspended for 2 years, if the violation
4resulted in the death of another person.
5    (5.4) In addition to any other penalties imposed, a person
6convicted of violating Section 3-707 of the Illinois Vehicle
7Code shall have his or her driver's license, permit, or
8privileges suspended for 3 months and until he or she has paid
9a reinstatement fee of $100.
10    (5.5) In addition to any other penalties imposed, a person
11convicted of violating Section 3-707 of the Illinois Vehicle
12Code during a period in which his or her driver's license,
13permit, or privileges were suspended for a previous violation
14of that Section shall have his or her driver's license, permit,
15or privileges suspended for an additional 6 months after the
16expiration of the original 3-month suspension and until he or
17she has paid a reinstatement fee of $100.
18    (6) (Blank).
19    (7) (Blank).
20    (8) (Blank).
21    (9) A defendant convicted of a second or subsequent offense
22of ritualized abuse of a child may be sentenced to a term of
23natural life imprisonment.
24    (10) (Blank).
25    (11) The court shall impose a minimum fine of $1,000 for a
26first offense and $2,000 for a second or subsequent offense

 

 

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1upon a person convicted of or placed on supervision for battery
2when the individual harmed was a sports official or coach at
3any level of competition and the act causing harm to the sports
4official or coach occurred within an athletic facility or
5within the immediate vicinity of the athletic facility at which
6the sports official or coach was an active participant of the
7athletic contest held at the athletic facility. For the
8purposes of this paragraph (11), "sports official" means a
9person at an athletic contest who enforces the rules of the
10contest, such as an umpire or referee; "athletic facility"
11means an indoor or outdoor playing field or recreational area
12where sports activities are conducted; and "coach" means a
13person recognized as a coach by the sanctioning authority that
14conducted the sporting event.
15    (12) A person may not receive a disposition of court
16supervision for a violation of Section 5-16 of the Boat
17Registration and Safety Act if that person has previously
18received a disposition of court supervision for a violation of
19that Section.
20    (13) A person convicted of or placed on court supervision
21for an assault or aggravated assault when the victim and the
22offender are family or household members as defined in Section
23103 of the Illinois Domestic Violence Act of 1986 or convicted
24of domestic battery or aggravated domestic battery may be
25required to attend a Partner Abuse Intervention Program under
26protocols set forth by the Illinois Department of Human

 

 

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1Services under such terms and conditions imposed by the court.
2The costs of such classes shall be paid by the offender.
3    (d) In any case in which a sentence originally imposed is
4vacated, the case shall be remanded to the trial court. The
5trial court shall hold a hearing under Section 5-4-1 of the
6Unified Code of Corrections which may include evidence of the
7defendant's life, moral character and occupation during the
8time since the original sentence was passed. The trial court
9shall then impose sentence upon the defendant. The trial court
10may impose any sentence which could have been imposed at the
11original trial subject to Section 5-5-4 of the Unified Code of
12Corrections. If a sentence is vacated on appeal or on
13collateral attack due to the failure of the trier of fact at
14trial to determine beyond a reasonable doubt the existence of a
15fact (other than a prior conviction) necessary to increase the
16punishment for the offense beyond the statutory maximum
17otherwise applicable, either the defendant may be re-sentenced
18to a term within the range otherwise provided or, if the State
19files notice of its intention to again seek the extended
20sentence, the defendant shall be afforded a new trial.
21    (e) In cases where prosecution for aggravated criminal
22sexual abuse under Section 11-1.60 or 12-16 of the Criminal
23Code of 1961 or the Criminal Code of 2012 results in conviction
24of a defendant who was a family member of the victim at the
25time of the commission of the offense, the court shall consider
26the safety and welfare of the victim and may impose a sentence

 

 

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1of probation only where:
2        (1) the court finds (A) or (B) or both are appropriate:
3            (A) the defendant is willing to undergo a court
4        approved counseling program for a minimum duration of 2
5        years; or
6            (B) the defendant is willing to participate in a
7        court approved plan including but not limited to the
8        defendant's:
9                (i) removal from the household;
10                (ii) restricted contact with the victim;
11                (iii) continued financial support of the
12            family;
13                (iv) restitution for harm done to the victim;
14            and
15                (v) compliance with any other measures that
16            the court may deem appropriate; and
17        (2) the court orders the defendant to pay for the
18    victim's counseling services, to the extent that the court
19    finds, after considering the defendant's income and
20    assets, that the defendant is financially capable of paying
21    for such services, if the victim was under 18 years of age
22    at the time the offense was committed and requires
23    counseling as a result of the offense.
24    Probation may be revoked or modified pursuant to Section
255-6-4; except where the court determines at the hearing that
26the defendant violated a condition of his or her probation

 

 

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1restricting contact with the victim or other family members or
2commits another offense with the victim or other family
3members, the court shall revoke the defendant's probation and
4impose a term of imprisonment.
5    For the purposes of this Section, "family member" and
6"victim" shall have the meanings ascribed to them in Section
711-0.1 of the Criminal Code of 2012.
8    (f) (Blank).
9    (g) Whenever a defendant is convicted of an offense under
10Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1111-14.3, 11-14.4 except for an offense that involves keeping a
12place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1311-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1412-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
15Criminal Code of 2012, the defendant shall undergo medical
16testing to determine whether the defendant has any sexually
17transmissible disease, including a test for infection with
18human immunodeficiency virus (HIV) or any other identified
19causative agent of acquired immunodeficiency syndrome (AIDS).
20Any such medical test shall be performed only by appropriately
21licensed medical practitioners and may include an analysis of
22any bodily fluids as well as an examination of the defendant's
23person. Except as otherwise provided by law, the results of
24such test shall be kept strictly confidential by all medical
25personnel involved in the testing and must be personally
26delivered in a sealed envelope to the judge of the court in

 

 

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1which the conviction was entered for the judge's inspection in
2camera. Acting in accordance with the best interests of the
3victim and the public, the judge shall have the discretion to
4determine to whom, if anyone, the results of the testing may be
5revealed. The court shall notify the defendant of the test
6results. The court shall also notify the victim if requested by
7the victim, and if the victim is under the age of 15 and if
8requested by the victim's parents or legal guardian, the court
9shall notify the victim's parents or legal guardian of the test
10results. The court shall provide information on the
11availability of HIV testing and counseling at Department of
12Public Health facilities to all parties to whom the results of
13the testing are revealed and shall direct the State's Attorney
14to provide the information to the victim when possible. A
15State's Attorney may petition the court to obtain the results
16of any HIV test administered under this Section, and the court
17shall grant the disclosure if the State's Attorney shows it is
18relevant in order to prosecute a charge of criminal
19transmission of HIV under Section 12-5.01 or 12-16.2 of the
20Criminal Code of 1961 or the Criminal Code of 2012 against the
21defendant. The court shall order that the cost of any such test
22shall be paid by the county and may be taxed as costs against
23the convicted defendant.
24    (g-5) When an inmate is tested for an airborne communicable
25disease, as determined by the Illinois Department of Public
26Health including but not limited to tuberculosis, the results

 

 

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1of the test shall be personally delivered by the warden or his
2or her designee in a sealed envelope to the judge of the court
3in which the inmate must appear for the judge's inspection in
4camera if requested by the judge. Acting in accordance with the
5best interests of those in the courtroom, the judge shall have
6the discretion to determine what if any precautions need to be
7taken to prevent transmission of the disease in the courtroom.
8    (h) Whenever a defendant is convicted of an offense under
9Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
10defendant shall undergo medical testing to determine whether
11the defendant has been exposed to human immunodeficiency virus
12(HIV) or any other identified causative agent of acquired
13immunodeficiency syndrome (AIDS). Except as otherwise provided
14by law, the results of such test shall be kept strictly
15confidential by all medical personnel involved in the testing
16and must be personally delivered in a sealed envelope to the
17judge of the court in which the conviction was entered for the
18judge's inspection in camera. Acting in accordance with the
19best interests of the public, the judge shall have the
20discretion to determine to whom, if anyone, the results of the
21testing may be revealed. The court shall notify the defendant
22of a positive test showing an infection with the human
23immunodeficiency virus (HIV). The court shall provide
24information on the availability of HIV testing and counseling
25at Department of Public Health facilities to all parties to
26whom the results of the testing are revealed and shall direct

 

 

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1the State's Attorney to provide the information to the victim
2when possible. A State's Attorney may petition the court to
3obtain the results of any HIV test administered under this
4Section, and the court shall grant the disclosure if the
5State's Attorney shows it is relevant in order to prosecute a
6charge of criminal transmission of HIV under Section 12-5.01 or
712-16.2 of the Criminal Code of 1961 or the Criminal Code of
82012 against the defendant. The court shall order that the cost
9of any such test shall be paid by the county and may be taxed as
10costs against the convicted defendant.
11    (i) All fines and penalties imposed under this Section for
12any violation of Chapters 3, 4, 6, and 11 of the Illinois
13Vehicle Code, or a similar provision of a local ordinance, and
14any violation of the Child Passenger Protection Act, or a
15similar provision of a local ordinance, shall be collected and
16disbursed by the circuit clerk as provided under Section 27.5
17of the Clerks of Courts Act.
18    (j) In cases when prosecution for any violation of Section
1911-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
2011-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
2111-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
2211-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
2312-15, or 12-16 of the Criminal Code of 1961 or the Criminal
24Code of 2012, any violation of the Illinois Controlled
25Substances Act, any violation of the Cannabis Control Act, or
26any violation of the Methamphetamine Control and Community

 

 

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1Protection Act results in conviction, a disposition of court
2supervision, or an order of probation granted under Section 10
3of the Cannabis Control Act, Section 410 of the Illinois
4Controlled Substances Act, or Section 70 of the Methamphetamine
5Control and Community Protection Act of a defendant, the court
6shall determine whether the defendant is employed by a facility
7or center as defined under the Child Care Act of 1969, a public
8or private elementary or secondary school, or otherwise works
9with children under 18 years of age on a daily basis. When a
10defendant is so employed, the court shall order the Clerk of
11the Court to send a copy of the judgment of conviction or order
12of supervision or probation to the defendant's employer by
13certified mail. If the employer of the defendant is a school,
14the Clerk of the Court shall direct the mailing of a copy of
15the judgment of conviction or order of supervision or probation
16to the appropriate regional superintendent of schools. The
17regional superintendent of schools shall notify the State Board
18of Education of any notification under this subsection.
19    (j-5) A defendant at least 17 years of age who is convicted
20of a felony and who has not been previously convicted of a
21misdemeanor or felony and who is sentenced to a term of
22imprisonment in the Illinois Department of Corrections shall as
23a condition of his or her sentence be required by the court to
24attend educational courses designed to prepare the defendant
25for a high school diploma and to work toward a high school
26diploma or to work toward passing high school equivalency

 

 

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1testing or to work toward completing a vocational training
2program offered by the Department of Corrections. If a
3defendant fails to complete the educational training required
4by his or her sentence during the term of incarceration, the
5Prisoner Review Board shall, as a condition of mandatory
6supervised release, require the defendant, at his or her own
7expense, to pursue a course of study toward a high school
8diploma or passage of high school equivalency testing. The
9Prisoner Review Board shall revoke the mandatory supervised
10release of a defendant who wilfully fails to comply with this
11subsection (j-5) upon his or her release from confinement in a
12penal institution while serving a mandatory supervised release
13term; however, the inability of the defendant after making a
14good faith effort to obtain financial aid or pay for the
15educational training shall not be deemed a wilful failure to
16comply. The Prisoner Review Board shall recommit the defendant
17whose mandatory supervised release term has been revoked under
18this subsection (j-5) as provided in Section 3-3-9. This
19subsection (j-5) does not apply to a defendant who has a high
20school diploma or has successfully passed high school
21equivalency testing. This subsection (j-5) does not apply to a
22defendant who is determined by the court to be a person with a
23developmental disability or otherwise mentally incapable of
24completing the educational or vocational program.
25    (k) (Blank).
26    (l) (A) Except as provided in paragraph (C) of subsection

 

 

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1(l), whenever a defendant, who is an alien as defined by the
2Immigration and Nationality Act, is convicted of any felony or
3misdemeanor offense, the court after sentencing the defendant
4may, upon motion of the State's Attorney, hold sentence in
5abeyance and remand the defendant to the custody of the
6Attorney General of the United States or his or her designated
7agent to be deported when:
8        (1) a final order of deportation has been issued
9    against the defendant pursuant to proceedings under the
10    Immigration and Nationality Act, and
11        (2) the deportation of the defendant would not
12    deprecate the seriousness of the defendant's conduct and
13    would not be inconsistent with the ends of justice.
14    Otherwise, the defendant shall be sentenced as provided in
15this Chapter V.
16    (B) If the defendant has already been sentenced for a
17felony or misdemeanor offense, or has been placed on probation
18under Section 10 of the Cannabis Control Act, Section 410 of
19the Illinois Controlled Substances Act, or Section 70 of the
20Methamphetamine Control and Community Protection Act, the
21court may, upon motion of the State's Attorney to suspend the
22sentence imposed, commit the defendant to the custody of the
23Attorney General of the United States or his or her designated
24agent when:
25        (1) a final order of deportation has been issued
26    against the defendant pursuant to proceedings under the

 

 

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1    Immigration and Nationality Act, and
2        (2) the deportation of the defendant would not
3    deprecate the seriousness of the defendant's conduct and
4    would not be inconsistent with the ends of justice.
5    (C) This subsection (l) does not apply to offenders who are
6subject to the provisions of paragraph (2) of subsection (a) of
7Section 3-6-3.
8    (D) Upon motion of the State's Attorney, if a defendant
9sentenced under this Section returns to the jurisdiction of the
10United States, the defendant shall be recommitted to the
11custody of the county from which he or she was sentenced.
12Thereafter, the defendant shall be brought before the
13sentencing court, which may impose any sentence that was
14available under Section 5-5-3 at the time of initial
15sentencing. In addition, the defendant shall not be eligible
16for additional earned sentence credit as provided under Section
173-6-3.
18    (m) A person convicted of criminal defacement of property
19under Section 21-1.3 of the Criminal Code of 1961 or the
20Criminal Code of 2012, in which the property damage exceeds
21$300 and the property damaged is a school building, shall be
22ordered to perform community service that may include cleanup,
23removal, or painting over the defacement.
24    (n) The court may sentence a person convicted of a
25violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
26subsection (a) or (b) of Section 12-4.4a, of the Criminal Code

 

 

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1of 1961 or the Criminal Code of 2012 (i) to an impact
2incarceration program if the person is otherwise eligible for
3that program under Section 5-8-1.1, (ii) to community service,
4or (iii) if the person is an addict or alcoholic, as defined in
5the Alcoholism and Other Drug Abuse and Dependency Act, to a
6substance or alcohol abuse program licensed under that Act.
7    (o) Whenever a person is convicted of a sex offense as
8defined in Section 2 of the Sex Offender Registration Act, the
9defendant's driver's license or permit shall be subject to
10renewal on an annual basis in accordance with the provisions of
11license renewal established by the Secretary of State.
12(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14;
1399-143, eff. 7-27-15; 99-885, eff. 8-23-16; 99-938, eff.
141-1-18.)
 
15    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
16    Sec. 5-6-3. Conditions of probation and of conditional
17discharge.
18    (a) The conditions of probation and of conditional
19discharge shall be that the person:
20        (1) not violate any criminal statute of any
21    jurisdiction;
22        (2) report to or appear in person before such person or
23    agency as directed by the court;
24        (3) refrain from possessing a firearm or other
25    dangerous weapon where the offense is a felony or, if a

 

 

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1    misdemeanor, the offense involved the intentional or
2    knowing infliction of bodily harm or threat of bodily harm;
3        (4) not leave the State without the consent of the
4    court or, in circumstances in which the reason for the
5    absence is of such an emergency nature that prior consent
6    by the court is not possible, without the prior
7    notification and approval of the person's probation
8    officer. Transfer of a person's probation or conditional
9    discharge supervision to another state is subject to
10    acceptance by the other state pursuant to the Interstate
11    Compact for Adult Offender Supervision;
12        (5) permit the probation officer to visit him at his
13    home or elsewhere to the extent necessary to discharge his
14    duties;
15        (6) perform no less than 30 hours of community service
16    and not more than 120 hours of community service, if
17    community service is available in the jurisdiction and is
18    funded and approved by the county board where the offense
19    was committed, where the offense was related to or in
20    furtherance of the criminal activities of an organized gang
21    and was motivated by the offender's membership in or
22    allegiance to an organized gang. The community service
23    shall include, but not be limited to, the cleanup and
24    repair of any damage caused by a violation of Section
25    21-1.3 of the Criminal Code of 1961 or the Criminal Code of
26    2012 and similar damage to property located within the

 

 

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1    municipality or county in which the violation occurred.
2    When possible and reasonable, the community service should
3    be performed in the offender's neighborhood. For purposes
4    of this Section, "organized gang" has the meaning ascribed
5    to it in Section 10 of the Illinois Streetgang Terrorism
6    Omnibus Prevention Act. The court may give credit toward
7    the fulfillment of community service hours for
8    participation in activities and treatment as determined by
9    court services;
10        (7) if he or she is at least 17 years of age and has
11    been sentenced to probation or conditional discharge for a
12    misdemeanor or felony in a county of 3,000,000 or more
13    inhabitants and has not been previously convicted of a
14    misdemeanor or felony, may be required by the sentencing
15    court to attend educational courses designed to prepare the
16    defendant for a high school diploma and to work toward a
17    high school diploma or to work toward passing high school
18    equivalency testing or to work toward completing a
19    vocational training program approved by the court. The
20    person on probation or conditional discharge must attend a
21    public institution of education to obtain the educational
22    or vocational training required by this paragraph clause
23    (7). The court shall revoke the probation or conditional
24    discharge of a person who wilfully fails to comply with
25    this paragraph clause (7). The person on probation or
26    conditional discharge shall be required to pay for the cost

 

 

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1    of the educational courses or high school equivalency
2    testing if a fee is charged for those courses or testing.
3    The court shall resentence the offender whose probation or
4    conditional discharge has been revoked as provided in
5    Section 5-6-4. This paragraph clause (7) does not apply to
6    a person who has a high school diploma or has successfully
7    passed high school equivalency testing. This paragraph
8    clause (7) does not apply to a person who is determined by
9    the court to be a person with a developmental disability or
10    otherwise mentally incapable of completing the educational
11    or vocational program;
12        (8) if convicted of possession of a substance
13    prohibited by the Cannabis Control Act, the Illinois
14    Controlled Substances Act, or the Methamphetamine Control
15    and Community Protection Act after a previous conviction or
16    disposition of supervision for possession of a substance
17    prohibited by the Cannabis Control Act or Illinois
18    Controlled Substances Act or after a sentence of probation
19    under Section 10 of the Cannabis Control Act, Section 410
20    of the Illinois Controlled Substances Act, or Section 70 of
21    the Methamphetamine Control and Community Protection Act
22    and upon a finding by the court that the person is
23    addicted, undergo treatment at a substance abuse program
24    approved by the court;
25        (8.5) if convicted of a felony sex offense as defined
26    in the Sex Offender Management Board Act, the person shall

 

 

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1    undergo and successfully complete sex offender treatment
2    by a treatment provider approved by the Board and conducted
3    in conformance with the standards developed under the Sex
4    Offender Management Board Act;
5        (8.6) if convicted of a sex offense as defined in the
6    Sex Offender Management Board Act, refrain from residing at
7    the same address or in the same condominium unit or
8    apartment unit or in the same condominium complex or
9    apartment complex with another person he or she knows or
10    reasonably should know is a convicted sex offender or has
11    been placed on supervision for a sex offense; the
12    provisions of this paragraph do not apply to a person
13    convicted of a sex offense who is placed in a Department of
14    Corrections licensed transitional housing facility for sex
15    offenders;
16        (8.7) if convicted for an offense committed on or after
17    June 1, 2008 (the effective date of Public Act 95-464) that
18    would qualify the accused as a child sex offender as
19    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
20    1961 or the Criminal Code of 2012, refrain from
21    communicating with or contacting, by means of the Internet,
22    a person who is not related to the accused and whom the
23    accused reasonably believes to be under 18 years of age;
24    for purposes of this paragraph (8.7), "Internet" has the
25    meaning ascribed to it in Section 16-0.1 of the Criminal
26    Code of 2012; and a person is not related to the accused if

 

 

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1    the person is not: (i) the spouse, brother, or sister of
2    the accused; (ii) a descendant of the accused; (iii) a
3    first or second cousin of the accused; or (iv) a step-child
4    or adopted child of the accused;
5        (8.8) if convicted for an offense under Section 11-6,
6    11-9.1, 11-14.4 that involves soliciting for a juvenile
7    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
8    of the Criminal Code of 1961 or the Criminal Code of 2012,
9    or any attempt to commit any of these offenses, committed
10    on or after June 1, 2009 (the effective date of Public Act
11    95-983):
12            (i) not access or use a computer or any other
13        device with Internet capability without the prior
14        written approval of the offender's probation officer,
15        except in connection with the offender's employment or
16        search for employment with the prior approval of the
17        offender's probation officer;
18            (ii) submit to periodic unannounced examinations
19        of the offender's computer or any other device with
20        Internet capability by the offender's probation
21        officer, a law enforcement officer, or assigned
22        computer or information technology specialist,
23        including the retrieval and copying of all data from
24        the computer or device and any internal or external
25        peripherals and removal of such information,
26        equipment, or device to conduct a more thorough

 

 

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1        inspection;
2            (iii) submit to the installation on the offender's
3        computer or device with Internet capability, at the
4        offender's expense, of one or more hardware or software
5        systems to monitor the Internet use; and
6            (iv) submit to any other appropriate restrictions
7        concerning the offender's use of or access to a
8        computer or any other device with Internet capability
9        imposed by the offender's probation officer;
10        (8.9) if convicted of a sex offense as defined in the
11    Sex Offender Registration Act committed on or after January
12    1, 2010 (the effective date of Public Act 96-262), refrain
13    from accessing or using a social networking website as
14    defined in Section 17-0.5 of the Criminal Code of 2012;
15        (9) if convicted of a felony or of any misdemeanor
16    violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
17    12-3.5 of the Criminal Code of 1961 or the Criminal Code of
18    2012 that was determined, pursuant to Section 112A-11.1 of
19    the Code of Criminal Procedure of 1963, to trigger the
20    prohibitions of 18 U.S.C. 922(g)(9), physically surrender
21    at a time and place designated by the court, his or her
22    Firearm Owner's Identification Card and any and all
23    firearms in his or her possession. The Court shall return
24    to the Department of State Police Firearm Owner's
25    Identification Card Office the person's Firearm Owner's
26    Identification Card;

 

 

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1        (10) if convicted of a sex offense as defined in
2    subsection (a-5) of Section 3-1-2 of this Code, unless the
3    offender is a parent or guardian of the person under 18
4    years of age present in the home and no non-familial minors
5    are present, not participate in a holiday event involving
6    children under 18 years of age, such as distributing candy
7    or other items to children on Halloween, wearing a Santa
8    Claus costume on or preceding Christmas, being employed as
9    a department store Santa Claus, or wearing an Easter Bunny
10    costume on or preceding Easter;
11        (11) if convicted of a sex offense as defined in
12    Section 2 of the Sex Offender Registration Act committed on
13    or after January 1, 2010 (the effective date of Public Act
14    96-362) that requires the person to register as a sex
15    offender under that Act, may not knowingly use any computer
16    scrub software on any computer that the sex offender uses;
17        (12) if convicted of a violation of the Methamphetamine
18    Control and Community Protection Act, the Methamphetamine
19    Precursor Control Act, or a methamphetamine related
20    offense:
21            (A) prohibited from purchasing, possessing, or
22        having under his or her control any product containing
23        pseudoephedrine unless prescribed by a physician; and
24            (B) prohibited from purchasing, possessing, or
25        having under his or her control any product containing
26        ammonium nitrate; and

 

 

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1        (13) if convicted of a hate crime involving the
2    protected class identified in subsection (a) of Section
3    12-7.1 of the Criminal Code of 2012 that gave rise to the
4    offense the offender committed, perform public or
5    community service of no less than 200 hours and enroll in
6    an educational program discouraging hate crimes that
7    includes racial, ethnic, and cultural sensitivity training
8    ordered by the court.
9    (b) The Court may in addition to other reasonable
10conditions relating to the nature of the offense or the
11rehabilitation of the defendant as determined for each
12defendant in the proper discretion of the Court require that
13the person:
14        (1) serve a term of periodic imprisonment under Article
15    7 for a period not to exceed that specified in paragraph
16    (d) of Section 5-7-1;
17        (2) pay a fine and costs;
18        (3) work or pursue a course of study or vocational
19    training;
20        (4) undergo medical, psychological or psychiatric
21    treatment; or 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) and in addition, if a minor:
26            (i) reside with his parents or in a foster home;

 

 

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1            (ii) attend school;
2            (iii) attend a non-residential program for youth;
3            (iv) contribute to his own support at home or in a
4        foster home;
5            (v) with the consent of the superintendent of the
6        facility, attend an educational program at a facility
7        other than the school in which the offense was
8        committed if he or she is convicted of a crime of
9        violence as defined in Section 2 of the Crime Victims
10        Compensation Act committed in a school, on the real
11        property comprising a school, or within 1,000 feet of
12        the real property comprising a school;
13        (8) make restitution as provided in Section 5-5-6 of
14    this Code;
15        (9) perform some reasonable public or community
16    service;
17        (10) serve a term of home confinement. In addition to
18    any other applicable condition of probation or conditional
19    discharge, the conditions of home confinement shall be that
20    the offender:
21            (i) remain within the interior premises of the
22        place designated for his confinement during the hours
23        designated by the court;
24            (ii) admit any person or agent designated by the
25        court into the offender's place of confinement at any
26        time for purposes of verifying the offender's

 

 

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1        compliance with the conditions of his confinement; and
2            (iii) if further deemed necessary by the court or
3        the Probation or Court Services Department, be placed
4        on an approved electronic monitoring device, subject
5        to Article 8A of Chapter V;
6            (iv) for persons convicted of any alcohol,
7        cannabis or controlled substance violation who are
8        placed on an approved monitoring device as a condition
9        of probation or conditional discharge, the court shall
10        impose a reasonable fee for each day of the use of the
11        device, as established by the county board in
12        subsection (g) of this Section, unless after
13        determining the inability of the offender to pay the
14        fee, the court assesses a lesser fee or no fee as the
15        case may be. This fee shall be imposed in addition to
16        the fees imposed under subsections (g) and (i) of this
17        Section. The fee shall be collected by the clerk of the
18        circuit court, except as provided in an administrative
19        order of the Chief Judge of the circuit court. The
20        clerk of the circuit court shall pay all monies
21        collected from this fee to the county treasurer for
22        deposit in the substance abuse services fund under
23        Section 5-1086.1 of the Counties Code, except as
24        provided in an administrative order of the Chief Judge
25        of the circuit court.
26            The Chief Judge of the circuit court of the county

 

 

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1        may by administrative order establish a program for
2        electronic monitoring of offenders, in which a vendor
3        supplies and monitors the operation of the electronic
4        monitoring device, and collects the fees on behalf of
5        the county. The program shall include provisions for
6        indigent offenders and the collection of unpaid fees.
7        The program shall not unduly burden the offender and
8        shall be subject to review by the Chief Judge.
9            The Chief Judge of the circuit court may suspend
10        any additional charges or fees for late payment,
11        interest, or damage to any device; and
12            (v) for persons convicted of offenses other than
13        those referenced in clause (iv) above and who are
14        placed on an approved monitoring device as a condition
15        of probation or conditional discharge, the court shall
16        impose a reasonable fee for each day of the use of the
17        device, as established by the county board in
18        subsection (g) of this Section, unless after
19        determining the inability of the defendant to pay the
20        fee, the court assesses a lesser fee or no fee as the
21        case may be. This fee shall be imposed in addition to
22        the fees imposed under subsections (g) and (i) of this
23        Section. The fee shall be collected by the clerk of the
24        circuit court, except as provided in an administrative
25        order of the Chief Judge of the circuit court. The
26        clerk of the circuit court shall pay all monies

 

 

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1        collected from this fee to the county treasurer who
2        shall use the monies collected to defray the costs of
3        corrections. The county treasurer shall deposit the
4        fee collected in the probation and court services fund.
5        The Chief Judge of the circuit court of the county may
6        by administrative order establish a program for
7        electronic monitoring of offenders, in which a vendor
8        supplies and monitors the operation of the electronic
9        monitoring device, and collects the fees on behalf of
10        the county. The program shall include provisions for
11        indigent offenders and the collection of unpaid fees.
12        The program shall not unduly burden the offender and
13        shall be subject to review by the Chief Judge.
14            The Chief Judge of the circuit court may suspend
15        any additional charges or fees for late payment,
16        interest, or damage to any device.
17        (11) comply with the terms and conditions of an order
18    of protection issued by the court pursuant to the Illinois
19    Domestic Violence Act of 1986, as now or hereafter amended,
20    or an order of protection issued by the court of another
21    state, tribe, or United States territory. A copy of the
22    order of protection shall be transmitted to the probation
23    officer or agency having responsibility for the case;
24        (12) reimburse any "local anti-crime program" as
25    defined in Section 7 of the Anti-Crime Advisory Council Act
26    for any reasonable expenses incurred by the program on the

 

 

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

 

 

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1    presence of any illicit drug prohibited by the Cannabis
2    Control Act, the Illinois Controlled Substances Act, or the
3    Methamphetamine Control and Community Protection Act,
4    unless prescribed by a physician, and submit samples of his
5    or her blood or urine or both for tests to determine the
6    presence of any illicit drug;
7        (17) if convicted for an offense committed on or after
8    June 1, 2008 (the effective date of Public Act 95-464) that
9    would qualify the accused as a child sex offender as
10    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
11    1961 or the Criminal Code of 2012, refrain from
12    communicating with or contacting, by means of the Internet,
13    a person who is related to the accused and whom the accused
14    reasonably believes to be under 18 years of age; for
15    purposes of this paragraph (17), "Internet" has the meaning
16    ascribed to it in Section 16-0.1 of the Criminal Code of
17    2012; and a person is related to the accused if the person
18    is: (i) the spouse, brother, or sister of the accused; (ii)
19    a descendant of the accused; (iii) a first or second cousin
20    of the accused; or (iv) a step-child or adopted child of
21    the accused;
22        (18) if convicted for an offense committed on or after
23    June 1, 2009 (the effective date of Public Act 95-983) that
24    would qualify as a sex offense as defined in the Sex
25    Offender Registration Act:
26            (i) not access or use a computer or any other

 

 

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1        device with Internet capability without the prior
2        written approval of the offender's probation officer,
3        except in connection with the offender's employment or
4        search for employment with the prior approval of the
5        offender's probation officer;
6            (ii) submit to periodic unannounced examinations
7        of the offender's computer or any other device with
8        Internet capability by the offender's probation
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 offender'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 offender's use of or access to a
22        computer or any other device with Internet capability
23        imposed by the offender's probation officer; and
24        (19) refrain from possessing a firearm or other
25    dangerous weapon where the offense is a misdemeanor that
26    did not involve the intentional or knowing infliction of

 

 

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1    bodily harm or threat of bodily harm.
2    (c) The court may as a condition of probation or of
3conditional discharge require that a person under 18 years of
4age found guilty of any alcohol, cannabis or controlled
5substance violation, refrain from acquiring a driver's license
6during the period of probation or conditional discharge. If
7such person is in possession of a permit or license, the court
8may require that the minor refrain from driving or operating
9any motor vehicle during the period of probation or conditional
10discharge, except as may be necessary in the course of the
11minor's lawful employment.
12    (d) An offender sentenced to probation or to conditional
13discharge shall be given a certificate setting forth the
14conditions thereof.
15    (e) Except where the offender has committed a fourth or
16subsequent violation of subsection (c) of Section 6-303 of the
17Illinois Vehicle Code, the court shall not require as a
18condition of the sentence of probation or conditional discharge
19that the offender be committed to a period of imprisonment in
20excess of 6 months. This 6-month 6 month limit shall not
21include periods of confinement given pursuant to a sentence of
22county impact incarceration under Section 5-8-1.2.
23    Persons committed to imprisonment as a condition of
24probation or conditional discharge shall not be committed to
25the Department of Corrections.
26    (f) The court may combine a sentence of periodic

 

 

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1imprisonment under Article 7 or a sentence to a county impact
2incarceration program under Article 8 with a sentence of
3probation or conditional discharge.
4    (g) An offender sentenced to probation or to conditional
5discharge and who during the term of either undergoes mandatory
6drug or alcohol testing, or both, or is assigned to be placed
7on an approved electronic monitoring device, shall be ordered
8to pay all costs incidental to such mandatory drug or alcohol
9testing, or both, and all costs incidental to such approved
10electronic monitoring in accordance with the defendant's
11ability to pay those costs. The county board with the
12concurrence of the Chief Judge of the judicial circuit in which
13the county is located shall establish reasonable fees for the
14cost of maintenance, testing, and incidental expenses related
15to the mandatory drug or alcohol testing, or both, and all
16costs incidental to approved electronic monitoring, involved
17in a successful probation program for the county. The
18concurrence of the Chief Judge shall be in the form of an
19administrative order. The fees shall be collected by the clerk
20of the circuit court, except as provided in an administrative
21order of the Chief Judge of the circuit court. The clerk of the
22circuit court shall pay all moneys collected from these fees to
23the county treasurer who shall use the moneys collected to
24defray the costs of drug testing, alcohol testing, and
25electronic monitoring. The county treasurer shall deposit the
26fees collected in the county working cash fund under Section

 

 

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16-27001 or Section 6-29002 of the Counties Code, as the case
2may be. The Chief Judge of the circuit court of the county may
3by administrative order establish a program for electronic
4monitoring of offenders, in which a vendor supplies and
5monitors the operation of the electronic monitoring device, and
6collects the fees on behalf of the county. The program shall
7include provisions for indigent offenders and the collection of
8unpaid fees. The program shall not unduly burden the offender
9and shall be subject to review by the Chief Judge.
10    The Chief Judge of the circuit court may suspend any
11additional charges or fees for late payment, interest, or
12damage to any device.
13    (h) Jurisdiction over an offender may be transferred from
14the sentencing court to the court of another circuit with the
15concurrence of both courts. Further transfers or retransfers of
16jurisdiction are also authorized in the same manner. The court
17to which jurisdiction has been transferred shall have the same
18powers as the sentencing court. The probation department within
19the circuit to which jurisdiction has been transferred, or
20which has agreed to provide supervision, may impose probation
21fees upon receiving the transferred offender, as provided in
22subsection (i). For all transfer cases, as defined in Section
239b of the Probation and Probation Officers Act, the probation
24department from the original sentencing court shall retain all
25probation fees collected prior to the transfer. After the
26transfer, all probation fees shall be paid to the probation

 

 

SB1607 Enrolled- 187 -LRB100 11093 RLC 21351 b

1department within the circuit to which jurisdiction has been
2transferred.
3    (i) The court shall impose upon an offender sentenced to
4probation after January 1, 1989 or to conditional discharge
5after January 1, 1992 or to community service under the
6supervision of a probation or court services department after
7January 1, 2004, as a condition of such probation or
8conditional discharge or supervised community service, a fee of
9$50 for each month of probation or conditional discharge
10supervision or supervised community service ordered by the
11court, unless after determining the inability of the person
12sentenced to probation or conditional discharge or supervised
13community service to pay the fee, the court assesses a lesser
14fee. The court may not impose the fee on a minor who is placed
15in the guardianship or custody of the Department of Children
16and Family Services under the Juvenile Court Act of 1987 while
17the minor is in placement. The fee shall be imposed only upon
18an offender who is actively supervised by the probation and
19court services department. The fee shall be collected by the
20clerk of the circuit court. The clerk of the circuit court
21shall pay all monies collected from this fee to the county
22treasurer for deposit in the probation and court services fund
23under Section 15.1 of the Probation and Probation Officers Act.
24    A circuit court may not impose a probation fee under this
25subsection (i) in excess of $25 per month unless the circuit
26court has adopted, by administrative order issued by the chief

 

 

SB1607 Enrolled- 188 -LRB100 11093 RLC 21351 b

1judge, a standard probation fee guide determining an offender's
2ability to pay Of the amount collected as a probation fee, up
3to $5 of that fee collected per month may be used to provide
4services to crime victims and their families.
5    The Court may only waive probation fees based on an
6offender's ability to pay. The probation department may
7re-evaluate an offender's ability to pay every 6 months, and,
8with the approval of the Director of Court Services or the
9Chief Probation Officer, adjust the monthly fee amount. An
10offender may elect to pay probation fees due in a lump sum. Any
11offender that has been assigned to the supervision of a
12probation department, or has been transferred either under
13subsection (h) of this Section or under any interstate compact,
14shall be required to pay probation fees to the department
15supervising the offender, based on the offender's ability to
16pay.
17    Public Act 93-970 This amendatory Act of the 93rd General
18Assembly deletes the $10 increase in the fee under this
19subsection that was imposed by Public Act 93-616. This deletion
20is intended to control over any other Act of the 93rd General
21Assembly that retains or incorporates that fee increase.
22    (i-5) In addition to the fees imposed under subsection (i)
23of this Section, in the case of an offender convicted of a
24felony sex offense (as defined in the Sex Offender Management
25Board Act) or an offense that the court or probation department
26has determined to be sexually motivated (as defined in the Sex

 

 

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1Offender Management Board Act), the court or the probation
2department shall assess additional fees to pay for all costs of
3treatment, assessment, evaluation for risk and treatment, and
4monitoring the offender, based on that offender's ability to
5pay those costs either as they occur or under a payment plan.
6    (j) All fines and costs imposed under this Section for any
7violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
8Code, or a similar provision of a local ordinance, and any
9violation of the Child Passenger Protection Act, or a similar
10provision of a local ordinance, shall be collected and
11disbursed by the circuit clerk as provided under Section 27.5
12of the Clerks of Courts Act.
13    (k) Any offender who is sentenced to probation or
14conditional discharge for a felony sex offense as defined in
15the Sex Offender Management Board Act or any offense that the
16court or probation department has determined to be sexually
17motivated as defined in the Sex Offender Management Board Act
18shall be required to refrain from any contact, directly or
19indirectly, with any persons specified by the court and shall
20be available for all evaluations and treatment programs
21required by the court or the probation department.
22    (l) The court may order an offender who is sentenced to
23probation or conditional discharge for a violation of an order
24of protection be placed under electronic surveillance as
25provided in Section 5-8A-7 of this Code.
26(Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16;

 

 

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1100-159, eff. 8-18-17; 100-260, eff. 1-1-18; revised 10-5-17.)
 
2    (730 ILCS 5/5-6-3.3)
3    (Text of Section before amendment by P.A. 100-3)
4    Sec. 5-6-3.3. Offender Initiative Program.
5    (a) Statement of purpose. The General Assembly seeks to
6continue other successful programs that promote public safety,
7conserve valuable resources, and reduce recidivism by
8defendants who can lead productive lives by creating the
9Offender Initiative Program.
10    (a-1) Whenever any person who has not previously been
11convicted of, or placed on probation or conditional discharge
12for, any felony offense under the laws of this State, the laws
13of any other state, or the laws of the United States, is
14arrested for and charged with a probationable felony offense of
15theft, retail theft, forgery, possession of a stolen motor
16vehicle, burglary, possession of burglary tools, possession of
17cannabis, possession of a controlled substance, or possession
18of methamphetamine, the court, with the consent of the
19defendant and the State's Attorney, may continue this matter to
20allow a defendant to participate and complete the Offender
21Initiative Program.
22    (a-2) Exemptions. A defendant shall not be eligible for
23this Program if the offense he or she has been arrested for and
24charged with is a violent offense. For purposes of this
25Program, a "violent offense" is any offense where bodily harm

 

 

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1was inflicted or where force was used against any person or
2threatened against any person, any offense involving sexual
3conduct, sexual penetration, or sexual exploitation, any
4offense of domestic violence, domestic battery, violation of an
5order of protection, stalking, hate crime, driving under the
6influence of drugs or alcohol, and any offense involving the
7possession of a firearm or dangerous weapon. A defendant shall
8not be eligible for this Program if he or she has previously
9been adjudicated a delinquent minor for the commission of a
10violent offense as defined in this subsection.
11    (b) When a defendant is placed in the Program, after both
12the defendant and State's Attorney waive preliminary hearing
13pursuant to Section 109-3 of the Code of Criminal Procedure of
141963, the court shall enter an order specifying that the
15proceedings shall be suspended while the defendant is
16participating in a Program of not less 12 months.
17    (c) The conditions of the Program shall be that the
18defendant:
19        (1) not violate any criminal statute of this State or
20    any other jurisdiction;
21        (2) refrain from possessing a firearm or other
22    dangerous weapon;
23        (3) make full restitution to the victim or property
24    owner pursuant to Section 5-5-6 of this Code;
25        (4) obtain employment or perform not less than 30 hours
26    of community service, provided community service is

 

 

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1    available in the county and is funded and approved by the
2    county board; and
3        (5) attend educational courses designed to prepare the
4    defendant for obtaining a high school diploma or to work
5    toward passing high school equivalency testing or to work
6    toward completing a vocational training program.
7    (c-1) The court may give credit toward the fulfillment of
8community service hours for participation in activities and
9treatment as determined by court services.
10    (d) The court may, in addition to other conditions, require
11that the defendant:
12        (1) undergo medical or psychiatric treatment, or
13    treatment or rehabilitation approved by the Illinois
14    Department of Human Services;
15        (2) refrain from having in his or her body the presence
16    of any illicit drug prohibited by the Methamphetamine
17    Control and Community Protection Act, the Cannabis Control
18    Act or the Illinois Controlled Substances Act, unless
19    prescribed by a physician, and submit samples of his or her
20    blood or urine or both for tests to determine the presence
21    of any illicit drug;
22        (3) submit to periodic drug testing at a time, manner,
23    and frequency as ordered by the court;
24        (4) pay fines, fees and costs; and
25        (5) in addition, if a minor:
26            (i) reside with his or her parents or in a foster

 

 

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1        home;
2            (ii) attend school;
3            (iii) attend a non-residential program for youth;
4        or
5            (iv) contribute to his or her own support at home
6        or in a foster home.
7    (e) When the State's Attorney makes a factually specific
8offer of proof that the defendant has failed to successfully
9complete the Program or has violated any of the conditions of
10the Program, the court shall enter an order that the defendant
11has not successfully completed the Program and continue the
12case for arraignment pursuant to Section 113-1 of the Code of
13Criminal Procedure of 1963 for further proceedings as if the
14defendant had not participated in the Program.
15    (f) Upon fulfillment of the terms and conditions of the
16Program, the State's Attorney shall dismiss the case or the
17court shall discharge the person and dismiss the proceedings
18against the person.
19    (g) There may be only one discharge and dismissal under
20this Section with respect to any person.
21    (h) Notwithstanding subsection (a-1), if the court finds
22that the defendant suffers from a substance abuse problem, then
23before the person participates in the Program under this
24Section, the court may refer the person to the drug court
25established in that judicial circuit pursuant to Section 15 of
26the Drug Court Treatment Act. The drug court team shall

 

 

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1evaluate the person's likelihood of successfully fulfilling
2the terms and conditions of the Program under this Section and
3shall report the results of its evaluation to the court. If the
4drug court team finds that the person suffers from a substance
5abuse problem that makes him or her substantially unlikely to
6successfully fulfill the terms and conditions of the Program,
7then the drug court shall set forth its findings in the form of
8a written order, and the person shall be ineligible to
9participate in the Program under this Section, but may be
10considered for the drug court program.
11(Source: P.A. 98-718, eff. 1-1-15; 99-480, eff. 9-9-15.)
 
12    (Text of Section after amendment by P.A. 100-3)
13    Sec. 5-6-3.3. Offender Initiative Program.
14    (a) Statement of purpose. The General Assembly seeks to
15continue other successful programs that promote public safety,
16conserve valuable resources, and reduce recidivism by
17defendants who can lead productive lives by creating the
18Offender Initiative Program.
19    (a-1) Whenever any person who has not previously been
20convicted of any felony offense under the laws of this State,
21the laws of any other state, or the laws of the United States,
22is arrested for and charged with a probationable felony offense
23of theft, retail theft, forgery, possession of a stolen motor
24vehicle, burglary, possession of burglary tools, deceptive
25practices, disorderly conduct, criminal damage or trespass to

 

 

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1property under Article 21 of the Criminal Code of 2012,
2criminal trespass to a residence, obstructing justice, or an
3offense involving fraudulent identification, or possession of
4cannabis, possession of a controlled substance, or possession
5of methamphetamine, the court, with the consent of the
6defendant and the State's Attorney, may continue this matter to
7allow a defendant to participate and complete the Offender
8Initiative Program.
9    (a-2) Exemptions. A defendant shall not be eligible for
10this Program if the offense he or she has been arrested for and
11charged with is a violent offense. For purposes of this
12Program, a "violent offense" is any offense where bodily harm
13was inflicted or where force was used against any person or
14threatened against any person, any offense involving sexual
15conduct, sexual penetration, or sexual exploitation, any
16offense of domestic violence, domestic battery, violation of an
17order of protection, stalking, hate crime, and any offense
18involving the possession of a firearm or dangerous weapon. A
19defendant shall not be eligible for this Program if he or she
20has previously been adjudicated a delinquent minor for the
21commission of a violent offense as defined in this subsection.
22    (b) When a defendant is placed in the Program, after both
23the defendant and State's Attorney waive preliminary hearing
24pursuant to Section 109-3 of the Code of Criminal Procedure of
251963, the court shall enter an order specifying that the
26proceedings shall be suspended while the defendant is

 

 

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1participating in a Program of not less 12 months.
2    (c) The conditions of the Program shall be that the
3defendant:
4        (1) not violate any criminal statute of this State or
5    any other jurisdiction;
6        (2) refrain from possessing a firearm or other
7    dangerous weapon;
8        (3) make full restitution to the victim or property
9    owner pursuant to Section 5-5-6 of this Code;
10        (4) obtain employment or perform not less than 30 hours
11    of community service, provided community service is
12    available in the county and is funded and approved by the
13    county board; and
14        (5) attend educational courses designed to prepare the
15    defendant for obtaining a high school diploma or to work
16    toward passing high school equivalency testing or to work
17    toward completing a vocational training program.
18    (c-1) The court may give credit toward the fulfillment of
19community service hours for participation in activities and
20treatment as determined by court services.
21    (d) The court may, in addition to other conditions, require
22that the defendant:
23        (1) undergo medical or psychiatric treatment, or
24    treatment or rehabilitation approved by the Illinois
25    Department of Human Services;
26        (2) refrain from having in his or her body the presence

 

 

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1    of any illicit drug prohibited by the Methamphetamine
2    Control and Community Protection Act, the Cannabis Control
3    Act or the Illinois Controlled Substances Act, unless
4    prescribed by a physician, and submit samples of his or her
5    blood or urine or both for tests to determine the presence
6    of any illicit drug;
7        (3) submit to periodic drug testing at a time, manner,
8    and frequency as ordered by the court;
9        (4) pay fines, fees and costs; and
10        (5) 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        or
16            (iv) contribute to his or her own support at home
17        or in a foster home.
18    (e) When the State's Attorney makes a factually specific
19offer of proof that the defendant has failed to successfully
20complete the Program or has violated any of the conditions of
21the Program, the court shall enter an order that the defendant
22has not successfully completed the Program and continue the
23case for arraignment pursuant to Section 113-1 of the Code of
24Criminal Procedure of 1963 for further proceedings as if the
25defendant had not participated in the Program.
26    (f) Upon fulfillment of the terms and conditions of the

 

 

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1Program, the State's Attorney shall dismiss the case or the
2court shall discharge the person and dismiss the proceedings
3against the person.
4    (g) A person may only have one discharge and dismissal
5under this Section within a 4-year period.
6    (h) Notwithstanding subsection (a-1), if the court finds
7that the defendant suffers from a substance abuse problem, then
8before the person participates in the Program under this
9Section, the court may refer the person to the drug court
10established in that judicial circuit pursuant to Section 15 of
11the Drug Court Treatment Act. The drug court team shall
12evaluate the person's likelihood of successfully fulfilling
13the terms and conditions of the Program under this Section and
14shall report the results of its evaluation to the court. If the
15drug court team finds that the person suffers from a substance
16abuse problem that makes him or her substantially unlikely to
17successfully fulfill the terms and conditions of the Program,
18then the drug court shall set forth its findings in the form of
19a written order, and the person shall be ineligible to
20participate in the Program under this Section, but shall be
21considered for the drug court program.
22(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18.)
 
23    (730 ILCS 5/5-6-3.4)
24    (Text of Section before amendment by P.A. 100-3)
25    Sec. 5-6-3.4. Second Chance Probation.

 

 

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1    (a) Whenever any person who has not previously been
2convicted of, or placed on probation or conditional discharge
3for, any felony offense under the laws of this State, the laws
4of any other state, or the laws of the United States, including
5probation under Section 410 of the Illinois Controlled
6Substances Act, Section 70 of the Methamphetamine Control and
7Community Protection Act, Section 10 of the Cannabis Control
8Act, subsection (c) of Section 11-14 of the Criminal Code of
92012, Treatment Alternatives for Criminal Justice Clients
10(TASC) under Article 40 of the Alcoholism and Other Drug Abuse
11and Dependency Act, or prior successful completion of the
12Offender Initiative Program under Section 5-6-3.3 of this Code,
13and pleads guilty to, or is found guilty of, a probationable
14felony offense of possession of a controlled substance that is
15punishable as a Class 4 felony; possession of methamphetamine
16that is punishable as a Class 4 felony; theft that is
17punishable as a Class 3 felony based on the value of the
18property or punishable as a Class 4 felony if the theft was
19committed in a school or place of worship or if the theft was
20of governmental property; retail theft that is punishable as a
21Class 3 felony based on the value of the property; criminal
22damage to property that is punishable as a Class 4 felony;
23criminal damage to government supported property that is
24punishable as a Class 4 felony; or possession of cannabis which
25is punishable as a Class 4 felony, the court, with the consent
26of the defendant and the State's Attorney, may, without

 

 

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1entering a judgment, sentence the defendant to probation under
2this Section.
3    (a-1) Exemptions. A defendant is not eligible for this
4probation if the offense he or she pleads guilty to, or is
5found guilty of, is a violent offense, or he or she has
6previously been convicted of a violent offense. For purposes of
7this probation, a "violent offense" is any offense where bodily
8harm was inflicted or where force was used against any person
9or threatened against any person, any offense involving sexual
10conduct, sexual penetration, or sexual exploitation, any
11offense of domestic violence, domestic battery, violation of an
12order of protection, stalking, hate crime, driving under the
13influence of drugs or alcohol, and any offense involving the
14possession of a firearm or dangerous weapon. A defendant shall
15not be eligible for this probation if he or she has previously
16been adjudicated a delinquent minor for the commission of a
17violent offense as defined in this subsection.
18    (b) When a defendant is placed on probation, the court
19shall enter an order specifying a period of probation of not
20less than 24 months and shall defer further proceedings in the
21case until the conclusion of the period or until the filing of
22a petition alleging violation of a term or condition of
23probation.
24    (c) The conditions of probation shall be that the
25defendant:
26        (1) not violate any criminal statute of this State or

 

 

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1    any other jurisdiction;
2        (2) refrain from possessing a firearm or other
3    dangerous weapon;
4        (3) make full restitution to the victim or property
5    owner under Section 5-5-6 of this Code;
6        (4) obtain or attempt to obtain employment;
7        (5) pay fines and costs;
8        (6) attend educational courses designed to prepare the
9    defendant for obtaining a high school diploma or to work
10    toward passing high school equivalency testing or to work
11    toward completing a vocational training program;
12        (7) submit to periodic drug testing at a time and in a
13    manner as ordered by the court, but no less than 3 times
14    during the period of probation, with the cost of the
15    testing to be paid by the defendant; and
16        (8) perform a minimum of 30 hours of community service.
17    The court may give credit toward the fulfillment of
18    community service hours for participation in activities
19    and treatment as determined by court services.
20    (d) The court may, in addition to other conditions, require
21that the defendant:
22        (1) make a report to and appear in person before or
23    participate with the court or such courts, person, or
24    social service agency as directed by the court in the order
25    of probation;
26        (2) undergo medical or psychiatric treatment, or

 

 

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1    treatment or rehabilitation approved by the Illinois
2    Department of Human Services;
3        (3) attend or reside in a facility established for the
4    instruction or residence of defendants on probation;
5        (4) support his or her dependents; or
6        (5) refrain from having in his or her body the presence
7    of any illicit drug prohibited by the Methamphetamine
8    Control and Community Protection Act, the Cannabis Control
9    Act, or the Illinois Controlled Substances Act, unless
10    prescribed by a physician, and submit samples of his or her
11    blood or urine or both for tests to determine the presence
12    of any illicit drug.
13    (e) Upon violation of a term or condition of probation, the
14court may enter a judgment on its original finding of guilt and
15proceed as otherwise provided by law.
16    (f) Upon fulfillment of the terms and conditions of
17probation, the court shall discharge the person and dismiss the
18proceedings against the person.
19    (g) A disposition of probation is considered to be a
20conviction for the purposes of imposing the conditions of
21probation and for appeal; however, a discharge and dismissal
22under this Section is not a conviction for purposes of this
23Code or for purposes of disqualifications or disabilities
24imposed by law upon conviction of a crime.
25    (h) There may be only one discharge and dismissal under
26this Section, Section 410 of the Illinois Controlled Substances

 

 

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1Act, Section 70 of the Methamphetamine Control and Community
2Protection Act, Section 10 of the Cannabis Control Act,
3Treatment Alternatives for Criminal Justice Clients (TASC)
4under Article 40 of the Alcoholism and Other Drug Abuse and
5Dependency Act, the Offender Initiative Program under Section
65-6-3.3 of this Code, and subsection (c) of Section 11-14 of
7the Criminal Code of 2012 with respect to any person.
8    (i) If a person is convicted of any offense which occurred
9within 5 years subsequent to a discharge and dismissal under
10this Section, the discharge and dismissal under this Section
11shall be admissible in the sentencing proceeding for that
12conviction as evidence in aggravation.
13    (j) Notwithstanding subsection (a), if the court finds that
14the defendant suffers from a substance abuse problem, then
15before the person is placed on probation under this Section,
16the court may refer the person to the drug court established in
17that judicial circuit pursuant to Section 15 of the Drug Court
18Treatment Act. The drug court team shall evaluate the person's
19likelihood of successfully fulfilling the terms and conditions
20of probation under this Section and shall report the results of
21its evaluation to the court. If the drug court team finds that
22the person suffers from a substance abuse problem that makes
23him or her substantially unlikely to successfully fulfill the
24terms and conditions of probation under this Section, then the
25drug court shall set forth its findings in the form of a
26written order, and the person shall be ineligible to be placed

 

 

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1on probation under this Section, but may be considered for the
2drug court program.
3(Source: P.A. 98-164, eff. 1-1-14; 98-718, eff. 1-1-15; 99-480,
4eff. 9-9-15.)
 
5    (Text of Section after amendment by P.A. 100-3)
6    Sec. 5-6-3.4. Second Chance Probation.
7    (a) Whenever any person who has not previously been
8convicted of any felony offense under the laws of this State,
9the laws of any other state, or the laws of the United States,
10and pleads guilty to, or is found guilty of, possession of less
11than 15 grams of a controlled substance; possession of less
12than 15 grams of methamphetamine; or a probationable felony
13offense of possession of cannabis, theft, retail theft,
14forgery, deceptive practices, possession of a stolen motor
15vehicle, burglary, possession of burglary tools, disorderly
16conduct, criminal damage or trespass to property under Article
1721 of the Criminal Code of 2012, criminal trespass to a
18residence, an offense involving fraudulent identification, or
19obstructing justice; or possession of cannabis, the court, with
20the consent of the defendant and the State's Attorney, may,
21without entering a judgment, sentence the defendant to
22probation under this Section.
23    (a-1) Exemptions. A defendant is not eligible for this
24probation if the offense he or she pleads guilty to, or is
25found guilty of, is a violent offense, or he or she has

 

 

SB1607 Enrolled- 205 -LRB100 11093 RLC 21351 b

1previously been convicted of a violent offense. For purposes of
2this probation, a "violent offense" is any offense where bodily
3harm was inflicted or where force was used against any person
4or threatened against any person, any offense involving sexual
5conduct, sexual penetration, or sexual exploitation, any
6offense of domestic violence, domestic battery, violation of an
7order of protection, stalking, hate crime, and any offense
8involving the possession of a firearm or dangerous weapon. A
9defendant shall not be eligible for this probation if he or she
10has previously been adjudicated a delinquent minor for the
11commission of a violent offense as defined in this subsection.
12    (b) When a defendant is placed on probation, the court
13shall enter an order specifying a period of probation of not
14less than 24 months and shall defer further proceedings in the
15case until the conclusion of the period or until the filing of
16a petition alleging violation of a term or condition of
17probation.
18    (c) The conditions of probation shall be that the
19defendant:
20        (1) not violate any criminal statute of this State or
21    any other jurisdiction;
22        (2) refrain from possessing a firearm or other
23    dangerous weapon;
24        (3) make full restitution to the victim or property
25    owner under Section 5-5-6 of this Code;
26        (4) obtain or attempt to obtain employment;

 

 

SB1607 Enrolled- 206 -LRB100 11093 RLC 21351 b

1        (5) pay fines and costs;
2        (6) attend educational courses designed to prepare the
3    defendant for obtaining a high school diploma or to work
4    toward passing high school equivalency testing or to work
5    toward completing a vocational training program;
6        (7) submit to periodic drug testing at a time and in a
7    manner as ordered by the court, but no less than 3 times
8    during the period of probation, with the cost of the
9    testing to be paid by the defendant; and
10        (8) perform a minimum of 30 hours of community service.
11    The court may give credit toward the fulfillment of
12    community service hours for participation in activities
13    and treatment as determined by court services.
14    (d) The court may, in addition to other conditions, require
15that the defendant:
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) undergo medical or psychiatric treatment, or
21    treatment or rehabilitation approved by the Illinois
22    Department of Human Services;
23        (3) attend or reside in a facility established for the
24    instruction or residence of defendants on probation;
25        (4) support his or her dependents; or
26        (5) refrain from having in his or her body the presence

 

 

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1    of any illicit drug prohibited by the Methamphetamine
2    Control and Community Protection Act, the Cannabis Control
3    Act, or the Illinois Controlled Substances Act, unless
4    prescribed by a physician, and submit samples of his or her
5    blood or urine or both for tests to determine the presence
6    of any illicit drug.
7    (e) Upon violation of a term or condition of probation, the
8court may enter a judgment on its original finding of guilt and
9proceed as otherwise provided by law.
10    (f) Upon fulfillment of the terms and conditions of
11probation, the court shall discharge the person and dismiss the
12proceedings against the person.
13    (g) A disposition of probation is considered to be a
14conviction for the purposes of imposing the conditions of
15probation and for appeal; however, a discharge and dismissal
16under this Section is not a conviction for purposes of this
17Code or for purposes of disqualifications or disabilities
18imposed by law upon conviction of a crime.
19    (h) A person may only have one discharge and dismissal
20under this Section within a 4-year period.
21    (i) If a person is convicted of any offense which occurred
22within 5 years subsequent to a discharge and dismissal under
23this Section, the discharge and dismissal under this Section
24shall be admissible in the sentencing proceeding for that
25conviction as evidence in aggravation.
26    (j) Notwithstanding subsection (a), if the court finds that

 

 

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1the defendant suffers from a substance abuse problem, then
2before the person is placed on probation under this Section,
3the court may refer the person to the drug court established in
4that judicial circuit pursuant to Section 15 of the Drug Court
5Treatment Act. The drug court team shall evaluate the person's
6likelihood of successfully fulfilling the terms and conditions
7of probation under this Section and shall report the results of
8its evaluation to the court. If the drug court team finds that
9the person suffers from a substance abuse problem that makes
10him or her substantially unlikely to successfully fulfill the
11terms and conditions of probation under this Section, then the
12drug court shall set forth its findings in the form of a
13written order, and the person shall be ineligible to be placed
14on probation under this Section, but shall be considered for
15the drug court program.
16(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18.)
 
17    (730 ILCS 5/5-8A-3)  (from Ch. 38, par. 1005-8A-3)
18    Sec. 5-8A-3. Application.
19    (a) Except as provided in subsection (d), a person charged
20with or convicted of an excluded offense may not be placed in
21an electronic monitoring or home detention program, except for
22bond pending trial or appeal or while on parole, aftercare
23release, or mandatory supervised release.
24    (b) A person serving a sentence for a conviction of a Class
251 felony, other than an excluded offense, may be placed in an

 

 

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1electronic monitoring or home detention program for a period
2not to exceed the last 90 days of incarceration.
3    (c) A person serving a sentence for a conviction of a Class
4X felony, other than an excluded offense, may be placed in an
5electronic monitoring or home detention program for a period
6not to exceed the last 90 days of incarceration, provided that
7the person was sentenced on or after August 11, 1993 (the
8effective date of Public Act 88-311) and provided that the
9court has not prohibited the program for the person in the
10sentencing order.
11    (d) A person serving a sentence for conviction of an
12offense other than for predatory criminal sexual assault of a
13child, aggravated criminal sexual assault, criminal sexual
14assault, aggravated criminal sexual abuse, or felony criminal
15sexual abuse, may be placed in an electronic monitoring or home
16detention program for a period not to exceed the last 12 months
17of incarceration, provided that (i) the person is 55 years of
18age or older; (ii) the person is serving a determinate
19sentence; (iii) the person has served at least 25% of the
20sentenced prison term; and (iv) placement in an electronic
21monitoring or home detention program is approved by the
22Prisoner Review Board or the Department of Juvenile Justice.
23    (e) A person serving a sentence for conviction of a Class
242, 3, or 4 felony offense which is not an excluded offense may
25be placed in an electronic monitoring or home detention program
26pursuant to Department administrative directives. These

 

 

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1directives shall encourage inmates to apply for electronic
2detention to incentivize positive behavior and program
3participation prior to and following their return to the
4community, consistent with Section 5-8A-4.2 of this Code. These
5directives shall not prohibit application solely for prior
6mandatory supervised release violation history, outstanding
7municipal warrants, current security classification, and prior
8criminal history, though these factors may be considered when
9reviewing individual applications in conjunction with
10additional factors, such as the applicant's institution
11behavior, program participation, and reentry plan.
12    (f) Applications for electronic monitoring or home
13detention may include the following:
14
15        (1) pretrial or pre-adjudicatory detention;
16        (2) probation;
17        (3) conditional discharge;
18        (4) periodic imprisonment;
19        (5) parole, aftercare release, or mandatory supervised
20    release;
21        (6) work release;
22        (7) furlough; or
23        (8) post-trial incarceration.
24    (g) A person convicted of an offense described in clause
25(4) or (5) of subsection (d) of Section 5-8-1 of this Code
26shall be placed in an electronic monitoring or home detention

 

 

SB1607 Enrolled- 211 -LRB100 11093 RLC 21351 b

1program for at least the first 2 years of the person's
2mandatory supervised release term.
3(Source: P.A. 99-628, eff. 1-1-17; 99-797, eff. 8-12-16;
4100-201, eff. 8-18-17; 100-431, eff. 8-25-17.)
 
5    (730 ILCS 5/5-8A-4.2 new)