95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4875

 

Introduced , by Rep. Sandra M. Pihos - Bob Biggins - Renée Kosel - Dennis M. Reboletti - Tom Cross, et al.

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/16D-2   from Ch. 38, par. 16D-2
720 ILCS 5/16D-5.5 new
730 ILCS 5/3-3-7   from Ch. 38, par. 1003-3-7
730 ILCS 5/5-6-3   from Ch. 38, par. 1005-6-3
730 ILCS 5/5-6-3.1   from Ch. 38, par. 1005-6-3.1

    Amends the Criminal Code of 1961. Provides that it is a Class 4 felony for a person required to register as a sex offender under the Sex Offender Registration Act to access or use a social networking website during the period for which the sex offender is required to register under that Act. Amends the Unified Code of Corrections. Requires as condition of parole, mandatory supervised release, probation, conditional discharge, or supervision that a sex offender refrain from accessing or using a social networking website during the period for which the sex offender is required to register under the Sex Offender Registration Act.


LRB095 14000 RLC 39827 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4875 LRB095 14000 RLC 39827 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 16D-2 and by adding Section 16D-5.5 as follows:
 
6     (720 ILCS 5/16D-2)  (from Ch. 38, par. 16D-2)
7     Sec. 16D-2. Definitions. As used in this Article, unless
8 the context otherwise indicates:
9     (a) "Computer" means a device that accepts, processes,
10 stores, retrieves or outputs data, and includes but is not
11 limited to auxiliary storage and telecommunications devices
12 connected to computers.
13     (a-5) "Computer network" means a set of related, remotely
14 connected devices and any communications facilities including
15 more than one computer with the capability to transmit data
16 among them through the communications facilities.
17     (b) "Computer program" or "program" means a series of coded
18 instructions or statements in a form acceptable to a computer
19 which causes the computer to process data and supply the
20 results of the data processing.
21     (b-5) "Computer services" means computer time or services,
22 including data processing services, Internet services,
23 electronic mail services, electronic message services, or

 

 

HB4875 - 2 - LRB095 14000 RLC 39827 b

1 information or data stored in connection therewith.
2     (c) "Data" means a representation of information,
3 knowledge, facts, concepts or instructions, including program
4 documentation, which is prepared in a formalized manner and is
5 stored or processed in or transmitted by a computer. Data shall
6 be considered property and may be in any form including but not
7 limited to printouts, magnetic or optical storage media, punch
8 cards or data stored internally in the memory of the computer.
9     (c-5) "Electronic mail service provider" means any person
10 who (1) is an intermediary in sending or receiving electronic
11 mail and (2) provides to end-users of electronic mail services
12 the ability to send or receive electronic mail.
13     (d) In addition to its meaning as defined in Section 15-1
14 of this Code, "property" means: (1) electronic impulses; (2)
15 electronically produced data; (3) confidential, copyrighted or
16 proprietary information; (4) private identification codes or
17 numbers which permit access to a computer by authorized
18 computer users or generate billings to consumers for purchase
19 of goods and services, including but not limited to credit card
20 transactions and telecommunications services or permit
21 electronic fund transfers; (5) software or programs in either
22 machine or human readable form; or (6) any other tangible or
23 intangible item relating to a computer or any part thereof.
24     (e) "Access" means to use, instruct, communicate with,
25 store data in, retrieve or intercept data from, or otherwise
26 utilize any services of a computer.

 

 

HB4875 - 3 - LRB095 14000 RLC 39827 b

1     (f) "Services" includes but is not limited to computer
2 time, data manipulation or storage functions.
3     (g) "Vital services or operations" means those services or
4 operations required to provide, operate, maintain, and repair
5 network cabling, transmission, distribution, or computer
6 facilities necessary to ensure or protect the public health,
7 safety, or welfare. Public health, safety, or welfare include,
8 but are not limited to, services provided by medical personnel
9 or institutions, fire departments, emergency services
10 agencies, national defense contractors, armed forces or
11 militia personnel, private and public utility companies, or law
12 enforcement agencies.
13     (h) "Social networking website" means an Internet website
14 containing profile web pages of the members of the website that
15 include the names or nicknames of such members, photographs
16 placed on the profile web pages by such members, or any other
17 personal or personally identifying information about such
18 members and links to other profile web pages on social
19 networking websites of friends or associates of such members
20 that can be accessed by other members or visitors to the
21 website. A social networking website provides members of or
22 visitors to such website the ability to leave messages or
23 comments on the profile web page that are visible to all or
24 some visitors to the profile web page and may also include a
25 form of electronic mail for members of the social networking
26 website.

 

 

HB4875 - 4 - LRB095 14000 RLC 39827 b

1 (Source: P.A. 91-233, eff. 1-1-00.)
 
2     (720 ILCS 5/16D-5.5 new)
3     Sec. 16D-5.5. Use of social networking websites by sex
4 offenders prohibited.
5     (a) The access to or use of a social networking website by
6 a person required to register as a sex offender under the Sex
7 Offender Registration Act is prohibited during the period for
8 which the sex offender is required to register under that Act.
9     (b) Sentence. A violation of subsection (a) of this Section
10 is a Class 4 felony.
 
11     Section 10. The Unified Code of Corrections is amended by
12 changing Sections 3-3-7, 5-6-3, and 5-6-3.1 as follows:
 
13     (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
14     (Text of Section after amendment by P.A. 95-464, 95-579,
15 95-640)
16     Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
17 Release.
18     (a) The conditions of parole or mandatory supervised
19 release shall be such as the Prisoner Review Board deems
20 necessary to assist the subject in leading a law-abiding life.
21 The conditions of every parole and mandatory supervised release
22 are that the subject:
23         (1) not violate any criminal statute of any

 

 

HB4875 - 5 - LRB095 14000 RLC 39827 b

1     jurisdiction during the parole or release term;
2         (2) refrain from possessing a firearm or other
3     dangerous weapon;
4         (3) report to an agent of the Department of
5     Corrections;
6         (4) permit the agent to visit him or her at his or her
7     home, employment, or elsewhere to the extent necessary for
8     the agent to discharge his or her duties;
9         (5) attend or reside in a facility established for the
10     instruction or residence of persons on parole or mandatory
11     supervised release;
12         (6) secure permission before visiting or writing a
13     committed person in an Illinois Department of Corrections
14     facility;
15         (7) report all arrests to an agent of the Department of
16     Corrections as soon as permitted by the arresting authority
17     but in no event later than 24 hours after release from
18     custody;
19         (7.5) if convicted of a sex offense as defined in the
20     Sex Offender Management Board Act, the individual shall
21     undergo and successfully complete sex offender treatment
22     conducted in conformance with the standards developed by
23     the Sex Offender Management Board Act by a treatment
24     provider approved by the Board;
25         (7.6) if convicted of a sex offense as defined in the
26     Sex Offender Management Board Act, refrain from residing at

 

 

HB4875 - 6 - LRB095 14000 RLC 39827 b

1     the same address or in the same condominium unit or
2     apartment unit or in the same condominium complex or
3     apartment complex with another person he or she knows or
4     reasonably should know is a convicted sex offender or has
5     been placed on supervision for a sex offense; the
6     provisions of this paragraph do not apply to a person
7     convicted of a sex offense who is placed in a Department of
8     Corrections licensed transitional housing facility for sex
9     offenders, or is in any facility operated or licensed by
10     the Department of Children and Family Services or by the
11     Department of Human Services, or is in any licensed medical
12     facility;
13         (7.7) if convicted for an offense that would qualify
14     the accused as a sexual predator under the Sex Offender
15     Registration Act on or after the effective date of this
16     amendatory Act of the 94th General Assembly, wear an
17     approved electronic monitoring device as defined in
18     Section 5-8A-2 for the duration of the person's parole,
19     mandatory supervised release term, or extended mandatory
20     supervised release term;
21         (7.8) if convicted for an offense committed on or after
22     the effective date of this amendatory Act of the 95th
23     General Assembly that would qualify the accused as a child
24     sex offender as defined in Section 11-9.3 or 11-9.4 of the
25     Criminal Code of 1961, refrain from communicating with or
26     contacting, by means of the Internet, a person who is not

 

 

HB4875 - 7 - LRB095 14000 RLC 39827 b

1     related to the accused and whom the accused reasonably
2     believes to be under 18 years of age; for purposes of this
3     paragraph (7.8), "Internet" has the meaning ascribed to it
4     in Section 16J-5 of the Criminal Code of 1961, as added by
5     Public Act 94-179; and a person is not related to the
6     accused if the person is not: (i) the spouse, brother, or
7     sister of the accused; (ii) a descendant of the accused;
8     (iii) a first or second cousin of the accused; or (iv) a
9     step-child or adopted child of the accused;
10         (7.9) (7.8) if convicted under Section 11-6, 11-20.1,
11     11-20.3, or 11-21 of the Criminal Code of 1961, consent to
12     search of computers, PDAs, cellular phones, and other
13     devices under his or her control that are capable of
14     accessing the Internet or storing electronic files, in
15     order to confirm Internet protocol addresses reported in
16     accordance with the Sex Offender Registration Act and
17     compliance with conditions in this Act;
18         (7.10) (7.8) if convicted for an offense that would
19     qualify the accused as a sex offender or sexual predator
20     under the Sex Offender Registration Act on or after the
21     effective date of this amendatory Act of the 95th General
22     Assembly, not possess prescription drugs for erectile
23     dysfunction;
24         (7.11) if convicted of a sex offense as defined in the
25     Sex Offender Registration Act committed on or after the
26     effective date of this amendatory Act of the 95th General

 

 

HB4875 - 8 - LRB095 14000 RLC 39827 b

1     Assembly, refrain from accessing or using a social
2     networking website as defined in Section 16D-2 of the
3     Criminal Code of 1961 during the period for which the sex
4     offender is required to register under the Sex Offender
5     Registration Act;
6         (8) obtain permission of an agent of the Department of
7     Corrections before leaving the State of Illinois;
8         (9) obtain permission of an agent of the Department of
9     Corrections before changing his or her residence or
10     employment;
11         (10) consent to a search of his or her person,
12     property, or residence under his or her control;
13         (11) refrain from the use or possession of narcotics or
14     other controlled substances in any form, or both, or any
15     paraphernalia related to those substances and submit to a
16     urinalysis test as instructed by a parole agent of the
17     Department of Corrections;
18         (12) not frequent places where controlled substances
19     are illegally sold, used, distributed, or administered;
20         (13) not knowingly associate with other persons on
21     parole or mandatory supervised release without prior
22     written permission of his or her parole agent and not
23     associate with persons who are members of an organized gang
24     as that term is defined in the Illinois Streetgang
25     Terrorism Omnibus Prevention Act;
26         (14) provide true and accurate information, as it

 

 

HB4875 - 9 - LRB095 14000 RLC 39827 b

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

 

 

HB4875 - 10 - LRB095 14000 RLC 39827 b

1         (2) undergo medical or psychiatric treatment, or
2     treatment for drug addiction or alcoholism;
3         (3) attend or reside in a facility established for the
4     instruction or residence of persons on probation or parole;
5         (4) support his dependents;
6         (5) (blank);
7         (6) (blank);
8         (7) comply with the terms and conditions of an order of
9     protection issued pursuant to the Illinois Domestic
10     Violence Act of 1986, enacted by the 84th General Assembly,
11     or an order of protection issued by the court of another
12     state, tribe, or United States territory;
13         (7.5) if convicted for an offense committed on or after
14     the effective date of this amendatory Act of the 95th
15     General Assembly that would qualify the accused as a child
16     sex offender as defined in Section 11-9.3 or 11-9.4 of the
17     Criminal Code of 1961, refrain from communicating with or
18     contacting, by means of the Internet, a person who is
19     related to the accused and whom the accused reasonably
20     believes to be under 18 years of age; for purposes of this
21     paragraph (7.5), "Internet" has the meaning ascribed to it
22     in Section 16J-5 of the Criminal Code of 1961, as added by
23     Public Act 94-179; and a person is related to the accused
24     if the person is: (i) the spouse, brother, or sister of the
25     accused; (ii) a descendant of the accused; (iii) a first or
26     second cousin of the accused; or (iv) a step-child or

 

 

HB4875 - 11 - LRB095 14000 RLC 39827 b

1     adopted child of the accused; and
2         (8) in addition, if a minor:
3             (i) reside with his parents or in a foster home;
4             (ii) attend school;
5             (iii) attend a non-residential program for youth;
6         or
7             (iv) contribute to his own support at home or in a
8         foster home.
9     (b-1) In addition to the conditions set forth in
10 subsections (a) and (b), persons required to register as sex
11 offenders pursuant to the Sex Offender Registration Act, upon
12 release from the custody of the Illinois Department of
13 Corrections, may be required by the Board to comply with the
14 following specific conditions of release:
15         (1) reside only at a Department approved location;
16         (2) comply with all requirements of the Sex Offender
17     Registration Act;
18         (3) notify third parties of the risks that may be
19     occasioned by his or her criminal record;
20         (4) obtain the approval of an agent of the Department
21     of Corrections prior to accepting employment or pursuing a
22     course of study or vocational training and notify the
23     Department prior to any change in employment, study, or
24     training;
25         (5) not be employed or participate in any volunteer
26     activity that involves contact with children, except under

 

 

HB4875 - 12 - LRB095 14000 RLC 39827 b

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

 

 

HB4875 - 13 - LRB095 14000 RLC 39827 b

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

 

 

HB4875 - 14 - LRB095 14000 RLC 39827 b

1     (c) The conditions under which the parole or mandatory
2 supervised release is to be served shall be communicated to the
3 person in writing prior to his release, and he shall sign the
4 same before release. A signed copy of these conditions,
5 including a copy of an order of protection where one had been
6 issued by the criminal court, shall be retained by the person
7 and another copy forwarded to the officer in charge of his
8 supervision.
9     (d) After a hearing under Section 3-3-9, the Prisoner
10 Review Board may modify or enlarge the conditions of parole or
11 mandatory supervised release.
12     (e) The Department shall inform all offenders committed to
13 the Department of the optional services available to them upon
14 release and shall assist inmates in availing themselves of such
15 optional services upon their release on a voluntary basis.
16     (f) When the subject is in compliance with all conditions
17 of his or her parole or mandatory supervised release, the
18 subject shall receive a reduction of the period of his or her
19 parole or mandatory supervised release of 90 days upon passage
20 of the high school level Test of General Educational
21 Development during the period of his or her parole or mandatory
22 supervised release. This reduction in the period of a subject's
23 term of parole or mandatory supervised release shall be
24 available only to subjects who have not previously earned a
25 high school diploma or who have not previously passed the high
26 school level Test of General Educational Development.

 

 

HB4875 - 15 - LRB095 14000 RLC 39827 b

1 (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05;
2 94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08;
3 95-579, eff. 6-1-08; 95-640, eff. 6-1-08; revised 10-17-07.)
 
4     (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
5     (Text of Section after amendment by P.A. 95-464, 95-578)
6     Sec. 5-6-3. Conditions of Probation and of Conditional
7 Discharge.
8     (a) The conditions of probation and of conditional
9 discharge shall be that the person:
10         (1) not violate any criminal statute of any
11     jurisdiction;
12         (2) report to or appear in person before such person or
13     agency as directed by the court;
14         (3) refrain from possessing a firearm or other
15     dangerous weapon;
16         (4) not leave the State without the consent of the
17     court or, in circumstances in which the reason for the
18     absence is of such an emergency nature that prior consent
19     by the court is not possible, without the prior
20     notification and approval of the person's probation
21     officer. Transfer of a person's probation or conditional
22     discharge supervision to another state is subject to
23     acceptance by the other state pursuant to the Interstate
24     Compact for Adult Offender Supervision;
25         (5) permit the probation officer to visit him at his

 

 

HB4875 - 16 - LRB095 14000 RLC 39827 b

1     home or elsewhere to the extent necessary to discharge his
2     duties;
3         (6) perform no less than 30 hours of community service
4     and not more than 120 hours of community service, if
5     community service is available in the jurisdiction and is
6     funded and approved by the county board where the offense
7     was committed, where the offense was related to or in
8     furtherance of the criminal activities of an organized gang
9     and was motivated by the offender's membership in or
10     allegiance to an organized gang. The community service
11     shall include, but not be limited to, the cleanup and
12     repair of any damage caused by a violation of Section
13     21-1.3 of the Criminal Code of 1961 and similar damage to
14     property located within the municipality or county in which
15     the violation occurred. When possible and reasonable, the
16     community service should be performed in the offender's
17     neighborhood. For purposes of this Section, "organized
18     gang" has the meaning ascribed to it in Section 10 of the
19     Illinois Streetgang Terrorism Omnibus Prevention Act;
20         (7) if he or she is at least 17 years of age and has
21     been sentenced to probation or conditional discharge for a
22     misdemeanor or felony in a county of 3,000,000 or more
23     inhabitants and has not been previously convicted of a
24     misdemeanor or felony, may be required by the sentencing
25     court to attend educational courses designed to prepare the
26     defendant for a high school diploma and to work toward a

 

 

HB4875 - 17 - LRB095 14000 RLC 39827 b

1     high school diploma or to work toward passing the high
2     school level Test of General Educational Development (GED)
3     or to work toward completing a vocational training program
4     approved by the court. The person on probation or
5     conditional discharge must attend a public institution of
6     education to obtain the educational or vocational training
7     required by this clause (7). The court shall revoke the
8     probation or conditional discharge of a person who wilfully
9     fails to comply with this clause (7). The person on
10     probation or conditional discharge shall be required to pay
11     for the cost of the educational courses or GED test, if a
12     fee is charged for those courses or test. The court shall
13     resentence the offender whose probation or conditional
14     discharge has been revoked as provided in Section 5-6-4.
15     This clause (7) does not apply to a person who has a high
16     school diploma or has successfully passed the GED test.
17     This clause (7) does not apply to a person who is
18     determined by the court to be developmentally disabled or
19     otherwise mentally incapable of completing the educational
20     or vocational program;
21         (8) if convicted of possession of a substance
22     prohibited by the Cannabis Control Act, the Illinois
23     Controlled Substances Act, or the Methamphetamine Control
24     and Community Protection Act after a previous conviction or
25     disposition of supervision for possession of a substance
26     prohibited by the Cannabis Control Act or Illinois

 

 

HB4875 - 18 - LRB095 14000 RLC 39827 b

1     Controlled Substances Act or after a sentence of probation
2     under Section 10 of the Cannabis Control Act, Section 410
3     of the Illinois Controlled Substances Act, or Section 70 of
4     the Methamphetamine Control and Community Protection Act
5     and upon a finding by the court that the person is
6     addicted, undergo treatment at a substance abuse program
7     approved by the court;
8         (8.5) if convicted of a felony sex offense as defined
9     in the Sex Offender Management Board Act, the person shall
10     undergo and successfully complete sex offender treatment
11     by a treatment provider approved by the Board and conducted
12     in conformance with the standards developed under the Sex
13     Offender Management Board Act;
14         (8.6) if convicted of a sex offense as defined in the
15     Sex Offender Management Board Act, refrain from residing at
16     the same address or in the same condominium unit or
17     apartment unit or in the same condominium complex or
18     apartment complex with another person he or she knows or
19     reasonably should know is a convicted sex offender or has
20     been placed on supervision for a sex offense; the
21     provisions of this paragraph do not apply to a person
22     convicted of a sex offense who is placed in a Department of
23     Corrections licensed transitional housing facility for sex
24     offenders;
25         (8.7) if convicted for an offense committed on or after
26     the effective date of this amendatory Act of the 95th

 

 

HB4875 - 19 - LRB095 14000 RLC 39827 b

1     General Assembly that would qualify the accused as a child
2     sex offender as defined in Section 11-9.3 or 11-9.4 of the
3     Criminal Code of 1961, refrain from communicating with or
4     contacting, by means of the Internet, a person who is not
5     related to the accused and whom the accused reasonably
6     believes to be under 18 years of age; for purposes of this
7     paragraph (8.7), "Internet" has the meaning ascribed to it
8     in Section 16J-5 of the Criminal Code of 1961, as added by
9     Public Act 94-179; and a person is not related to the
10     accused if the person is not: (i) the spouse, brother, or
11     sister of the accused; (ii) a descendant of the accused;
12     (iii) a first or second cousin of the accused; or (iv) a
13     step-child or adopted child of the accused;
14         (8.8) if convicted of a sex offense as defined in the
15     Sex Offender Registration Act committed on or after the
16     effective date of this amendatory Act of the 95th General
17     Assembly, refrain from accessing or using a social
18     networking website as defined in Section 16D-2 of the
19     Criminal Code of 1961 during the period for which the sex
20     offender is required to register under the Sex Offender
21     Registration Act;
22         (9) if convicted of a felony, physically surrender at a
23     time and place designated by the court, his or her Firearm
24     Owner's Identification Card and any and all firearms in his
25     or her possession; and
26         (10) if convicted of a sex offense as defined in

 

 

HB4875 - 20 - LRB095 14000 RLC 39827 b

1     subsection (a-5) of Section 3-1-2 of this Code, unless the
2     offender is a parent or guardian of the person under 18
3     years of age present in the home and no non-familial minors
4     are present, not participate in a holiday event involving
5     children under 18 years of age, such as distributing candy
6     or other items to children on Halloween, wearing a Santa
7     Claus costume on or preceding Christmas, being employed as
8     a department store Santa Claus, or wearing an Easter Bunny
9     costume on or preceding Easter.
10     (b) The Court may in addition to other reasonable
11 conditions relating to the nature of the offense or the
12 rehabilitation of the defendant as determined for each
13 defendant in the proper discretion of the Court require that
14 the person:
15         (1) serve a term of periodic imprisonment under Article
16     7 for a period not to exceed that specified in paragraph
17     (d) of Section 5-7-1;
18         (2) pay a fine and costs;
19         (3) work or pursue a course of study or vocational
20     training;
21         (4) undergo medical, psychological or psychiatric
22     treatment; or treatment for drug addiction or alcoholism;
23         (5) attend or reside in a facility established for the
24     instruction or residence of defendants on probation;
25         (6) support his dependents;
26         (7) and in addition, if a minor:

 

 

HB4875 - 21 - LRB095 14000 RLC 39827 b

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

 

 

HB4875 - 22 - LRB095 14000 RLC 39827 b

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

 

 

HB4875 - 23 - LRB095 14000 RLC 39827 b

1         impose a reasonable fee for each day of the use of the
2         device, as established by the county board in
3         subsection (g) of this Section, unless after
4         determining the inability of the defendant to pay the
5         fee, the court assesses a lesser fee or no fee as the
6         case may be. This fee shall be imposed in addition to
7         the fees imposed under subsections (g) and (i) of this
8         Section. The fee shall be collected by the clerk of the
9         circuit court. The clerk of the circuit court shall pay
10         all monies collected from this fee to the county
11         treasurer who shall use the monies collected to defray
12         the costs of corrections. The county treasurer shall
13         deposit the fee collected in the county working cash
14         fund under Section 6-27001 or Section 6-29002 of the
15         Counties Code, as the case may be.
16         (11) comply with the terms and conditions of an order
17     of protection issued by the court pursuant to the Illinois
18     Domestic Violence Act of 1986, as now or hereafter amended,
19     or an order of protection issued by the court of another
20     state, tribe, or United States territory. A copy of the
21     order of protection shall be transmitted to the probation
22     officer or agency having responsibility for the case;
23         (12) reimburse any "local anti-crime program" as
24     defined in Section 7 of the Anti-Crime Advisory Council Act
25     for any reasonable expenses incurred by the program on the
26     offender's case, not to exceed the maximum amount of the

 

 

HB4875 - 24 - LRB095 14000 RLC 39827 b

1     fine authorized for the offense for which the defendant was
2     sentenced;
3         (13) contribute a reasonable sum of money, not to
4     exceed the maximum amount of the fine authorized for the
5     offense for which the defendant was sentenced, to a "local
6     anti-crime program", as defined in Section 7 of the
7     Anti-Crime Advisory Council Act;
8         (14) refrain from entering into a designated
9     geographic area except upon such terms as the court finds
10     appropriate. Such terms may include consideration of the
11     purpose of the entry, the time of day, other persons
12     accompanying the defendant, and advance approval by a
13     probation officer, if the defendant has been placed on
14     probation or advance approval by the court, if the
15     defendant was placed on conditional discharge;
16         (15) refrain from having any contact, directly or
17     indirectly, with certain specified persons or particular
18     types of persons, including but not limited to members of
19     street gangs and drug users or dealers;
20         (16) refrain from having in his or her body the
21     presence of any illicit drug prohibited by the Cannabis
22     Control Act, the Illinois Controlled Substances Act, or the
23     Methamphetamine Control and Community Protection 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; and

 

 

HB4875 - 25 - LRB095 14000 RLC 39827 b

1         (17) if convicted for an offense committed on or after
2     the effective date of this amendatory Act of the 95th
3     General Assembly that would qualify the accused as a child
4     sex offender as defined in Section 11-9.3 or 11-9.4 of the
5     Criminal Code of 1961, refrain from communicating with or
6     contacting, by means of the Internet, a person who is
7     related to the accused and whom the accused reasonably
8     believes to be under 18 years of age; for purposes of this
9     paragraph (17), "Internet" has the meaning ascribed to it
10     in Section 16J-5 of the Criminal Code of 1961, as added by
11     Public Act 94-179; and a person is related to the accused
12     if the person is: (i) the spouse, brother, or sister of the
13     accused; (ii) a descendant of the accused; (iii) a first or
14     second cousin of the accused; or (iv) a step-child or
15     adopted child of the accused.
16     (c) The court may as a condition of probation or of
17 conditional discharge require that a person under 18 years of
18 age found guilty of any alcohol, cannabis or controlled
19 substance violation, refrain from acquiring a driver's license
20 during the period of probation or conditional discharge. If
21 such person is in possession of a permit or license, the court
22 may require that the minor refrain from driving or operating
23 any motor vehicle during the period of probation or conditional
24 discharge, except as may be necessary in the course of the
25 minor's lawful employment.
26     (d) An offender sentenced to probation or to conditional

 

 

HB4875 - 26 - LRB095 14000 RLC 39827 b

1 discharge shall be given a certificate setting forth the
2 conditions thereof.
3     (e) Except where the offender has committed a fourth or
4 subsequent violation of subsection (c) of Section 6-303 of the
5 Illinois Vehicle Code, the court shall not require as a
6 condition of the sentence of probation or conditional discharge
7 that the offender be committed to a period of imprisonment in
8 excess of 6 months. This 6 month limit shall not include
9 periods of confinement given pursuant to a sentence of county
10 impact incarceration under Section 5-8-1.2.
11     Persons committed to imprisonment as a condition of
12 probation or conditional discharge shall not be committed to
13 the Department of Corrections.
14     (f) The court may combine a sentence of periodic
15 imprisonment under Article 7 or a sentence to a county impact
16 incarceration program under Article 8 with a sentence of
17 probation or conditional discharge.
18     (g) An offender sentenced to probation or to conditional
19 discharge and who during the term of either undergoes mandatory
20 drug or alcohol testing, or both, or is assigned to be placed
21 on an approved electronic monitoring device, shall be ordered
22 to pay all costs incidental to such mandatory drug or alcohol
23 testing, or both, and all costs incidental to such approved
24 electronic monitoring in accordance with the defendant's
25 ability to pay those costs. The county board with the
26 concurrence of the Chief Judge of the judicial circuit in which

 

 

HB4875 - 27 - LRB095 14000 RLC 39827 b

1 the county is located shall establish reasonable fees for the
2 cost of maintenance, testing, and incidental expenses related
3 to the mandatory drug or alcohol testing, or both, and all
4 costs incidental to approved electronic monitoring, involved
5 in a successful probation program for the county. The
6 concurrence of the Chief Judge shall be in the form of an
7 administrative order. The fees shall be collected by the clerk
8 of the circuit court. The clerk of the circuit court shall pay
9 all moneys collected from these fees to the county treasurer
10 who shall use the moneys collected to defray the costs of drug
11 testing, alcohol testing, and electronic monitoring. The
12 county treasurer shall deposit the fees collected in the county
13 working cash fund under Section 6-27001 or Section 6-29002 of
14 the Counties Code, as the case may be.
15     (h) Jurisdiction over an offender may be transferred from
16 the sentencing court to the court of another circuit with the
17 concurrence of both courts. Further transfers or retransfers of
18 jurisdiction are also authorized in the same manner. The court
19 to which jurisdiction has been transferred shall have the same
20 powers as the sentencing court.
21     (i) The court shall impose upon an offender sentenced to
22 probation after January 1, 1989 or to conditional discharge
23 after January 1, 1992 or to community service under the
24 supervision of a probation or court services department after
25 January 1, 2004, as a condition of such probation or
26 conditional discharge or supervised community service, a fee of

 

 

HB4875 - 28 - LRB095 14000 RLC 39827 b

1 $50 for each month of probation or conditional discharge
2 supervision or supervised community service ordered by the
3 court, unless after determining the inability of the person
4 sentenced to probation or conditional discharge or supervised
5 community service to pay the fee, the court assesses a lesser
6 fee. The court may not impose the fee on a minor who is made a
7 ward of the State under the Juvenile Court Act of 1987 while
8 the minor is in placement. The fee shall be imposed only upon
9 an offender who is actively supervised by the probation and
10 court services department. The fee shall be collected by the
11 clerk of the circuit court. The clerk of the circuit court
12 shall pay all monies collected from this fee to the county
13 treasurer for deposit in the probation and court services fund
14 under Section 15.1 of the Probation and Probation Officers Act.
15     A circuit court may not impose a probation fee under this
16 subsection (i) in excess of $25 per month unless: (1) the
17 circuit court has adopted, by administrative order issued by
18 the chief judge, a standard probation fee guide determining an
19 offender's ability to pay, under guidelines developed by the
20 Administrative Office of the Illinois Courts; and (2) the
21 circuit court has authorized, by administrative order issued by
22 the chief judge, the creation of a Crime Victim's Services
23 Fund, to be administered by the Chief Judge or his or her
24 designee, for services to crime victims and their families. Of
25 the amount collected as a probation fee, up to $5 of that fee
26 collected per month may be used to provide services to crime

 

 

HB4875 - 29 - LRB095 14000 RLC 39827 b

1 victims and their families.
2     This amendatory Act of the 93rd General Assembly deletes
3 the $10 increase in the fee under this subsection that was
4 imposed by Public Act 93-616. This deletion is intended to
5 control over any other Act of the 93rd General Assembly that
6 retains or incorporates that fee increase.
7     (i-5) In addition to the fees imposed under subsection (i)
8 of this Section, in the case of an offender convicted of a
9 felony sex offense (as defined in the Sex Offender Management
10 Board Act) or an offense that the court or probation department
11 has determined to be sexually motivated (as defined in the Sex
12 Offender Management Board Act), the court or the probation
13 department shall assess additional fees to pay for all costs of
14 treatment, assessment, evaluation for risk and treatment, and
15 monitoring the offender, based on that offender's ability to
16 pay those costs either as they occur or under a payment plan.
17     (j) All fines and costs imposed under this Section for any
18 violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
19 Code, or a similar provision of a local ordinance, and any
20 violation of the Child Passenger Protection Act, or a similar
21 provision of a local ordinance, shall be collected and
22 disbursed by the circuit clerk as provided under Section 27.5
23 of the Clerks of Courts Act.
24     (k) Any offender who is sentenced to probation or
25 conditional discharge for a felony sex offense as defined in
26 the Sex Offender Management Board Act or any offense that the

 

 

HB4875 - 30 - LRB095 14000 RLC 39827 b

1 court or probation department has determined to be sexually
2 motivated as defined in the Sex Offender Management Board Act
3 shall be required to refrain from any contact, directly or
4 indirectly, with any persons specified by the court and shall
5 be available for all evaluations and treatment programs
6 required by the court or the probation department.
7 (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05;
8 94-556, eff. 9-11-05; 95-331, eff. 8-21-07; 95-464, eff.
9 6-1-08; 95-578, eff. 6-1-08; revised 10-17-07.)
 
10     (730 ILCS 5/5-6-3.1)  (from Ch. 38, par. 1005-6-3.1)
11     Sec. 5-6-3.1. Incidents and Conditions of Supervision.
12     (a) When a defendant is placed on supervision, the court
13 shall enter an order for supervision specifying the period of
14 such supervision, and shall defer further proceedings in the
15 case until the conclusion of the period.
16     (b) The period of supervision shall be reasonable under all
17 of the circumstances of the case, but may not be longer than 2
18 years, unless the defendant has failed to pay the assessment
19 required by Section 10.3 of the Cannabis Control Act, Section
20 411.2 of the Illinois Controlled Substances Act, or Section 80
21 of the Methamphetamine Control and Community Protection Act, in
22 which case the court may extend supervision beyond 2 years.
23 Additionally, the court shall order the defendant to perform no
24 less than 30 hours of community service and not more than 120
25 hours of community service, if community service is available

 

 

HB4875 - 31 - LRB095 14000 RLC 39827 b

1 in the jurisdiction and is funded and approved by the county
2 board where the offense was committed, when the offense (1) was
3 related to or in furtherance of the criminal activities of an
4 organized gang or was motivated by the defendant's membership
5 in or allegiance to an organized gang; or (2) is a violation of
6 any Section of Article 24 of the Criminal Code of 1961 where a
7 disposition of supervision is not prohibited by Section 5-6-1
8 of this Code. The community service shall include, but not be
9 limited to, the cleanup and repair of any damage caused by
10 violation of Section 21-1.3 of the Criminal Code of 1961 and
11 similar damages to property located within the municipality or
12 county in which the violation occurred. Where possible and
13 reasonable, the community service should be performed in the
14 offender's neighborhood.
15     For the purposes of this Section, "organized gang" has the
16 meaning ascribed to it in Section 10 of the Illinois Streetgang
17 Terrorism Omnibus Prevention Act.
18     (c) The court may in addition to other reasonable
19 conditions relating to the nature of the offense or the
20 rehabilitation of the defendant as determined for each
21 defendant in the proper discretion of the court require that
22 the person:
23         (1) make a report to and appear in person before or
24     participate with the court or such courts, person, or
25     social service agency as directed by the court in the order
26     of supervision;

 

 

HB4875 - 32 - LRB095 14000 RLC 39827 b

1         (2) pay a fine and costs;
2         (3) work or pursue a course of study or vocational
3     training;
4         (4) undergo medical, psychological or psychiatric
5     treatment; or treatment for drug addiction or alcoholism;
6         (5) attend or reside in a facility established for the
7     instruction or residence of defendants on probation;
8         (6) support his dependents;
9         (7) refrain from possessing a firearm or other
10     dangerous weapon;
11         (8) and in addition, if a minor:
12             (i) reside with his parents or in a foster home;
13             (ii) attend school;
14             (iii) attend a non-residential program for youth;
15             (iv) contribute to his own support at home or in a
16         foster home; or
17             (v) with the consent of the superintendent of the
18         facility, attend an educational program at a facility
19         other than the school in which the offense was
20         committed if he or she is placed on supervision for a
21         crime of violence as defined in Section 2 of the Crime
22         Victims Compensation Act committed in a school, on the
23         real property comprising a school, or within 1,000 feet
24         of the real property comprising a school;
25         (9) make restitution or reparation in an amount not to
26     exceed actual loss or damage to property and pecuniary loss

 

 

HB4875 - 33 - LRB095 14000 RLC 39827 b

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

 

 

HB4875 - 34 - LRB095 14000 RLC 39827 b

1     geographic area except upon such terms as the court finds
2     appropriate. Such terms may include consideration of the
3     purpose of the entry, the time of day, other persons
4     accompanying the defendant, and advance approval by a
5     probation officer;
6         (15) refrain from having any contact, directly or
7     indirectly, with certain specified persons or particular
8     types of person, including but not limited to members of
9     street gangs and drug users or dealers;
10         (16) refrain from having in his or her body the
11     presence of any illicit drug prohibited by the Cannabis
12     Control Act, the Illinois Controlled Substances Act, or the
13     Methamphetamine Control and Community Protection Act,
14     unless prescribed by a physician, and submit samples of his
15     or her blood or urine or both for tests to determine the
16     presence of any illicit drug;
17         (17) refrain from operating any motor vehicle not
18     equipped with an ignition interlock device as defined in
19     Section 1-129.1 of the Illinois Vehicle Code. Under this
20     condition the court may allow a defendant who is not
21     self-employed to operate a vehicle owned by the defendant's
22     employer that is not equipped with an ignition interlock
23     device in the course and scope of the defendant's
24     employment; and
25         (18) if placed on supervision for a sex offense as
26     defined in subsection (a-5) of Section 3-1-2 of this Code,

 

 

HB4875 - 35 - LRB095 14000 RLC 39827 b

1     unless the offender is a parent or guardian of the person
2     under 18 years of age present in the home and no
3     non-familial minors are present, not participate in a
4     holiday event involving children under 18 years of age,
5     such as distributing candy or other items to children on
6     Halloween, wearing a Santa Claus costume on or preceding
7     Christmas, being employed as a department store Santa
8     Claus, or wearing an Easter Bunny costume on or preceding
9     Easter.
10     (d) The court shall defer entering any judgment on the
11 charges until the conclusion of the supervision.
12     (e) At the conclusion of the period of supervision, if the
13 court determines that the defendant has successfully complied
14 with all of the conditions of supervision, the court shall
15 discharge the defendant and enter a judgment dismissing the
16 charges.
17     (f) Discharge and dismissal upon a successful conclusion of
18 a disposition of supervision shall be deemed without
19 adjudication of guilt and shall not be termed a conviction for
20 purposes of disqualification or disabilities imposed by law
21 upon conviction of a crime. Two years after the discharge and
22 dismissal under this Section, unless the disposition of
23 supervision was for a violation of Sections 3-707, 3-708,
24 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
25 similar provision of a local ordinance, or for a violation of
26 Sections 12-3.2 or 16A-3 of the Criminal Code of 1961, in which

 

 

HB4875 - 36 - LRB095 14000 RLC 39827 b

1 case it shall be 5 years after discharge and dismissal, a
2 person may have his record of arrest sealed or expunged as may
3 be provided by law. However, any defendant placed on
4 supervision before January 1, 1980, may move for sealing or
5 expungement of his arrest record, as provided by law, at any
6 time after discharge and dismissal under this Section. A person
7 placed on supervision for a sexual offense committed against a
8 minor as defined in subsection (g) of Section 5 of the Criminal
9 Identification Act or for a violation of Section 11-501 of the
10 Illinois Vehicle Code or a similar provision of a local
11 ordinance shall not have his or her record of arrest sealed or
12 expunged.
13     (g) A defendant placed on supervision and who during the
14 period of supervision undergoes mandatory drug or alcohol
15 testing, or both, or is assigned to be placed on an approved
16 electronic monitoring device, shall be ordered to pay the costs
17 incidental to such mandatory drug or alcohol testing, or both,
18 and costs incidental to such approved electronic monitoring in
19 accordance with the defendant's ability to pay those costs. The
20 county board with the concurrence of the Chief Judge of the
21 judicial circuit in which the county is located shall establish
22 reasonable fees for the cost of maintenance, testing, and
23 incidental expenses related to the mandatory drug or alcohol
24 testing, or both, and all costs incidental to approved
25 electronic monitoring, of all defendants placed on
26 supervision. The concurrence of the Chief Judge shall be in the

 

 

HB4875 - 37 - LRB095 14000 RLC 39827 b

1 form of an administrative order. The fees shall be collected by
2 the clerk of the circuit court. The clerk of the circuit court
3 shall pay all moneys collected from these fees to the county
4 treasurer who shall use the moneys collected to defray the
5 costs of drug testing, alcohol testing, and electronic
6 monitoring. The county treasurer shall deposit the fees
7 collected in the county working cash fund under Section 6-27001
8 or Section 6-29002 of the Counties Code, as the case may be.
9     (h) A disposition of supervision is a final order for the
10 purposes of appeal.
11     (i) The court shall impose upon a defendant placed on
12 supervision after January 1, 1992 or to community service under
13 the supervision of a probation or court services department
14 after January 1, 2004, as a condition of supervision or
15 supervised community service, a fee of $50 for each month of
16 supervision or supervised community service ordered by the
17 court, unless after determining the inability of the person
18 placed on supervision or supervised community service to pay
19 the fee, the court assesses a lesser fee. The court may not
20 impose the fee on a minor who is made a ward of the State under
21 the Juvenile Court Act of 1987 while the minor is in placement.
22 The fee shall be imposed only upon a defendant who is actively
23 supervised by the probation and court services department. The
24 fee shall be collected by the clerk of the circuit court. The
25 clerk of the circuit court shall pay all monies collected from
26 this fee to the county treasurer for deposit in the probation

 

 

HB4875 - 38 - LRB095 14000 RLC 39827 b

1 and court services fund pursuant to Section 15.1 of the
2 Probation and Probation Officers Act.
3     A circuit court may not impose a probation fee in excess of
4 $25 per month unless: (1) the circuit court has adopted, by
5 administrative order issued by the chief judge, a standard
6 probation fee guide determining an offender's ability to pay,
7 under guidelines developed by the Administrative Office of the
8 Illinois Courts; and (2) the circuit court has authorized, by
9 administrative order issued by the chief judge, the creation of
10 a Crime Victim's Services Fund, to be administered by the Chief
11 Judge or his or her designee, for services to crime victims and
12 their families. Of the amount collected as a probation fee, not
13 to exceed $5 of that fee collected per month may be used to
14 provide services to crime victims and their families.
15     (j) All fines and costs imposed under this Section for any
16 violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
17 Code, or a similar provision of a local ordinance, and any
18 violation of the Child Passenger Protection Act, or a similar
19 provision of a local ordinance, shall be collected and
20 disbursed by the circuit clerk as provided under Section 27.5
21 of the Clerks of Courts Act.
22     (k) A defendant at least 17 years of age who is placed on
23 supervision for a misdemeanor in a county of 3,000,000 or more
24 inhabitants and who has not been previously convicted of a
25 misdemeanor or felony may as a condition of his or her
26 supervision be required by the court to attend educational

 

 

HB4875 - 39 - LRB095 14000 RLC 39827 b

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

 

 

HB4875 - 40 - LRB095 14000 RLC 39827 b

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

 

 

HB4875 - 41 - LRB095 14000 RLC 39827 b

1 required by the court or the probation department.
2     (o) An offender placed on supervision for a sex offense as
3 defined in the Sex Offender Management Board Act shall refrain
4 from residing at the same address or in the same condominium
5 unit or apartment unit or in the same condominium complex or
6 apartment complex with another person he or she knows or
7 reasonably should know is a convicted sex offender or has been
8 placed on supervision for a sex offense. The provisions of this
9 subsection (o) do not apply to a person convicted of a sex
10 offense who is placed in a Department of Corrections licensed
11 transitional housing facility for sex offenders.
12     (p) An offender placed on supervision for a sex offense as
13 defined in the Sex Offender Registration Act committed on or
14 after the effective date of this amendatory Act of the 95th
15 General Assembly shall refrain from accessing or using a social
16 networking website as defined in Section 16D-2 of the Criminal
17 Code of 1961 during the period for which the sex offender is
18 required to register under the Sex Offender Registration Act.
19 (Source: P.A. 93-475, eff. 8-8-03; 93-970, eff. 8-20-04;
20 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; 94-556, eff.
21 9-11-05; revised 8-19-05.)