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1 | AN ACT concerning criminal law, which may be referred to as | ||||||
2 | the Child Protection Act of 2008.
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3 | Be it enacted by the People of the State of Illinois,
| ||||||
4 | represented in the General Assembly:
| ||||||
5 | Section 1. Short title. This Act may be cited as the | ||||||
6 | Illinois Child Online Exploitation Reporting Act. | ||||||
7 | Section 5. Definitions. As used in this Act unless the | ||||||
8 | context otherwise requires: | ||||||
9 | "Electronic communications service" means any service | ||||||
10 | which provides to users thereof the ability to send or receive | ||||||
11 | wire or electronic communications. | ||||||
12 | "Remote computing service" means the provision to the | ||||||
13 | public of computer storage or processing services by means of | ||||||
14 | an electronic communications system.
| ||||||
15 | Section 10. Registration. Any entity, subject to the | ||||||
16 | reporting requirements of 42 U.S.C. 13032, while engaged in | ||||||
17 | providing an electronic communications service or a remote | ||||||
18 | computing service to the public, must provide the following | ||||||
19 | information to the Cyber Tipline at the National Center for | ||||||
20 | Missing and Exploited Children in order to facilitate the | ||||||
21 | required reporting of child pornography crimes, pursuant to 42 | ||||||
22 | U.S.C. 13032: |
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| |||||||
1 | (a) the agent's name, phone number, and email address; and | ||||||
2 | (b) the name of the agent's employer. | ||||||
3 | Section 15. Scope. This Act is applicable to electronic | ||||||
4 | communications services and remote computing services | ||||||
5 | incorporated or organized under the laws of this State or | ||||||
6 | maintaining property or assets in this State. | ||||||
7 | Section 20. Penalties. A provider of electronic | ||||||
8 | communications services or remote computing services who | ||||||
9 | violates this Act by failing to register under Section 10 is | ||||||
10 | subject to a civil penalty in an amount not to exceed $500 for | ||||||
11 | each day that the violation continues. The Attorney General may | ||||||
12 | bring an action in the name of the People of the State of | ||||||
13 | Illinois to enforce the provisions of this Act.
| ||||||
14 | Section 105. The Criminal Code of 1961 is amended by | ||||||
15 | changing Sections 11-9.4, 11-20.2, 11-21, 11-23, and 11-24 and | ||||||
16 | by adding Sections 10-8.1 and 11-6.6 as follows: | ||||||
17 | (720 ILCS 5/10-8.1 new) | ||||||
18 | Sec. 10-8.1. Unlawful sending of a public conveyance travel | ||||||
19 | ticket to a minor. | ||||||
20 | (a) In this Section, "public conveyance" has the meaning | ||||||
21 | ascribed to it in Section 10-8 of this Code. | ||||||
22 | (b) A person commits the offense of unlawful sending of a |
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| |||||||
1 | public conveyance travel ticket to a minor when the person | ||||||
2 | without the consent of the minor's parent or guardian: | ||||||
3 | (1) knowingly sends, causes to be sent, or purchases a | ||||||
4 | public conveyance travel ticket to any location for a | ||||||
5 | person known by the offender to be an unemancipated minor | ||||||
6 | under 17 years of age or a person he or she believes to be a | ||||||
7 | minor under 17 years of age, other than for a lawful | ||||||
8 | purpose under Illinois law; or | ||||||
9 | (2) knowingly arranges for travel to any location on | ||||||
10 | any public conveyance for a person known by the offender to | ||||||
11 | be an unemancipated minor under 17 years of age or a person | ||||||
12 | he or she believes to be a minor under 17 years of age, | ||||||
13 | other than for a lawful purpose under Illinois law. | ||||||
14 | (b-5) Telecommunications carriers, commercial mobile | ||||||
15 | service providers, and providers of information services, | ||||||
16 | including, but not limited to, Internet service providers and | ||||||
17 | hosting service providers, are not liable under this Section, | ||||||
18 | except for willful and wanton misconduct, by virtue of the | ||||||
19 | transmission, storage, or caching of electronic communications | ||||||
20 | or messages of others or by virtue of the provision of other | ||||||
21 | related telecommunications, commercial mobile services, or | ||||||
22 | information services used by others in violation of this | ||||||
23 | Section. | ||||||
24 | (c) Sentence.
Unlawful sending of a public conveyance | ||||||
25 | travel ticket to a minor is a Class A misdemeanor.
A person who | ||||||
26 | commits unlawful sending of a public conveyance travel ticket |
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1 | to a minor
who believes that he or she is at least 5 years older | ||||||
2 | than the minor is guilty of a Class 4 felony. | ||||||
3 | (720 ILCS 5/11-6.6 new) | ||||||
4 | Sec. 11-6.6. Solicitation to meet a child. | ||||||
5 | (a) A person of the age of 18 or more years commits the | ||||||
6 | offense of solicitation to meet a child if the person while | ||||||
7 | using a computer, cellular telephone, or any other device, with | ||||||
8 | the intent to meet a child or one whom he or she believes to be | ||||||
9 | a child, solicits, entices, induces, or arranges with the child | ||||||
10 | to meet at a location without the knowledge of the child's | ||||||
11 | parent or guardian and the meeting with the child is arranged | ||||||
12 | for a purpose other than a lawful purpose under Illinois law. | ||||||
13 | (b) Sentence. Solicitation to meet a child is a Class A | ||||||
14 | misdemeanor.
Solicitation to meet a child is a Class 4 felony | ||||||
15 | when the solicitor believes he or she is 5 or more years older | ||||||
16 | than the child. | ||||||
17 | (c) For purposes of this Section, "child" means any person | ||||||
18 | under 17 years of age; and "computer" has the meaning ascribed | ||||||
19 | to it in Section 16D-2 of this Code.
| ||||||
20 | (720 ILCS 5/11-9.4)
| ||||||
21 | (Text of Section after amendment by P.A. 95-640 ) | ||||||
22 | Sec. 11-9.4. Approaching, contacting, residing, or | ||||||
23 | communicating with a
child within certain places by child sex | ||||||
24 | offenders
prohibited.
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1 | (a) It is unlawful for a child sex offender to knowingly be | ||||||
2 | present in any
public park building or on real property | ||||||
3 | comprising any public park
when persons under the age of
18 are
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4 | present in the building or on the grounds
and to approach, | ||||||
5 | contact, or communicate with a child under 18 years of
age,
| ||||||
6 | unless the
offender
is a parent or guardian of a person under | ||||||
7 | 18 years of age present in the
building or on the
grounds.
| ||||||
8 | (b) It is unlawful for a child sex offender to knowingly | ||||||
9 | loiter on a public
way within 500 feet of a public park | ||||||
10 | building or real property comprising any
public park
while | ||||||
11 | persons under the age of 18 are present in the building or on | ||||||
12 | the
grounds
and to approach, contact, or communicate with a | ||||||
13 | child under 18 years of
age,
unless the offender
is a parent or | ||||||
14 | guardian of a person under 18 years of age present in the
| ||||||
15 | building or on the grounds.
| ||||||
16 | (b-5) It is unlawful for a child sex offender to knowingly | ||||||
17 | reside within
500 feet of a playground, child care institution, | ||||||
18 | day care center, part day child care facility, or a facility | ||||||
19 | providing programs or services
exclusively directed toward | ||||||
20 | persons under 18 years of age. Nothing in this
subsection (b-5) | ||||||
21 | prohibits a child sex offender from residing within 500 feet
of | ||||||
22 | a playground or a facility providing programs or services | ||||||
23 | exclusively
directed toward persons under 18 years of age if | ||||||
24 | the property is owned by the
child sex offender and was | ||||||
25 | purchased before the effective date of this
amendatory Act of | ||||||
26 | the 91st General Assembly. Nothing in this
subsection (b-5) |
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1 | prohibits a child sex offender from residing within 500 feet
of | ||||||
2 | a child care institution, day care center, or part day child | ||||||
3 | care facility if the property is owned by the
child sex | ||||||
4 | offender and was purchased before the effective date of this
| ||||||
5 | amendatory Act of the 94th General Assembly.
| ||||||
6 | (b-6) It is unlawful for a child sex offender to knowingly | ||||||
7 | reside within
500 feet of the victim of the sex offense. | ||||||
8 | Nothing in this
subsection (b-6) prohibits a child sex offender | ||||||
9 | from residing within 500 feet
of the victim
if the property in | ||||||
10 | which the child sex offender resides is owned by the
child sex | ||||||
11 | offender and was purchased before the effective date of this
| ||||||
12 | amendatory Act of the 92nd General Assembly.
| ||||||
13 | This subsection (b-6) does not apply if the victim of the | ||||||
14 | sex offense
is 21 years of age or older.
| ||||||
15 | (b-7) It is unlawful for a child sex offender to knowingly | ||||||
16 | communicate, other than for a lawful purpose under Illinois | ||||||
17 | law, using the Internet or any other digital media, with a | ||||||
18 | person under 18 years of age or with a person whom he or she | ||||||
19 | believes to be a person under 18 years of age,
unless the | ||||||
20 | offender
is a parent or guardian of the person under 18 years | ||||||
21 | of age. | ||||||
22 | (c) It is unlawful for a child sex offender to knowingly | ||||||
23 | operate, manage,
be employed by, volunteer at, be associated | ||||||
24 | with, or knowingly be present at
any: (i) facility providing
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25 | programs or services exclusively directed towards persons | ||||||
26 | under the age of 18; (ii) day care center; (iii) part day child |
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1 | care facility; (iv) child care institution, or (v) school | ||||||
2 | providing before and after school programs for children under | ||||||
3 | 18 years of age.
This does not prohibit a child sex offender | ||||||
4 | from owning the real property upon
which the programs or | ||||||
5 | services are offered or upon which the day care center, part | ||||||
6 | day child care facility, child care institution, or school | ||||||
7 | providing before and after school programs for children under | ||||||
8 | 18 years of age is located, provided the child sex offender
| ||||||
9 | refrains from being present on the premises for the hours | ||||||
10 | during which: (1) the
programs or services are being offered or | ||||||
11 | (2) the day care center, part day child care facility, child | ||||||
12 | care institution, or school providing before and after school | ||||||
13 | programs for children under 18 years of age is operated.
| ||||||
14 | (c-5) It is unlawful for a child sex offender to knowingly | ||||||
15 | operate, manage, be employed by, or be associated with any | ||||||
16 | county fair when persons under the age of 18 are present.
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17 | (d) Definitions. In this Section:
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18 | (1) "Child sex offender" means any person who:
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19 | (i) has been charged under Illinois law, or any | ||||||
20 | substantially similar
federal law
or law of another | ||||||
21 | state, with a sex offense set forth in
paragraph (2) of | ||||||
22 | this subsection (d) or the attempt to commit an | ||||||
23 | included sex
offense, and:
| ||||||
24 | (A) is convicted of such offense or an attempt | ||||||
25 | to commit such offense;
or
| ||||||
26 | (B) is found not guilty by reason of insanity |
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1 | of such offense or an
attempt to commit such | ||||||
2 | offense; or
| ||||||
3 | (C) is found not guilty by reason of insanity | ||||||
4 | pursuant to subsection
(c) of Section 104-25 of the | ||||||
5 | Code of Criminal Procedure of 1963 of such offense
| ||||||
6 | or an attempt to commit such offense; or
| ||||||
7 | (D) is the subject of a finding not resulting | ||||||
8 | in an acquittal at a
hearing conducted pursuant to | ||||||
9 | subsection (a) of Section 104-25 of the Code of
| ||||||
10 | Criminal Procedure of 1963 for the alleged | ||||||
11 | commission or attempted commission
of such | ||||||
12 | offense; or
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13 | (E) is found not guilty by reason of insanity | ||||||
14 | following a hearing
conducted pursuant to a | ||||||
15 | federal law or the law of another state | ||||||
16 | substantially
similar to subsection (c) of Section | ||||||
17 | 104-25 of the Code of Criminal Procedure
of 1963 of | ||||||
18 | such offense or of the attempted commission of such | ||||||
19 | offense; or
| ||||||
20 | (F) is the subject of a finding not resulting | ||||||
21 | in an acquittal at a
hearing
conducted pursuant to | ||||||
22 | a federal law or the law of another state | ||||||
23 | substantially
similar to subsection (a) of Section | ||||||
24 | 104-25 of the Code of Criminal Procedure
of 1963 | ||||||
25 | for the alleged violation or attempted commission | ||||||
26 | of such offense; or
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1 | (ii) is certified as a sexually dangerous person | ||||||
2 | pursuant to the
Illinois
Sexually Dangerous Persons | ||||||
3 | Act, or any substantially similar federal
law or the | ||||||
4 | law of another state, when any conduct giving rise to | ||||||
5 | such
certification is committed or attempted against a | ||||||
6 | person less than 18 years of
age; or
| ||||||
7 | (iii) is subject to the provisions of Section 2 of | ||||||
8 | the Interstate
Agreements on Sexually Dangerous | ||||||
9 | Persons Act.
| ||||||
10 | Convictions that result from or are connected with the | ||||||
11 | same act, or result
from offenses committed at the same | ||||||
12 | time, shall be counted for the purpose of
this Section as | ||||||
13 | one conviction. Any conviction set aside pursuant to law is
| ||||||
14 | not a conviction for purposes of this Section.
| ||||||
15 | (2) Except as otherwise provided in paragraph (2.5), | ||||||
16 | "sex offense"
means:
| ||||||
17 | (i) A violation of any of the following Sections of | ||||||
18 | the Criminal Code of
1961: 10-7 (aiding and abetting | ||||||
19 | child abduction under Section 10-5(b)(10)),
| ||||||
20 | 10-5(b)(10) (child luring), 11-6 (indecent | ||||||
21 | solicitation of a child), 11-6.5
(indecent | ||||||
22 | solicitation of an adult),
11-9 (public indecency when | ||||||
23 | committed in a school, on the real property
comprising | ||||||
24 | a school, on a conveyance owned, leased, or contracted | ||||||
25 | by a
school to transport students to or from school or | ||||||
26 | a school related activity, or
in a public park),
11-9.1 |
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| |||||||
1 | (sexual exploitation of a child), 11-15.1 (soliciting | ||||||
2 | for a juvenile
prostitute), 11-17.1 (keeping a place of | ||||||
3 | juvenile prostitution), 11-18.1
(patronizing a | ||||||
4 | juvenile prostitute), 11-19.1 (juvenile pimping),
| ||||||
5 | 11-19.2 (exploitation of a child), 11-20.1 (child | ||||||
6 | pornography), 11-20.3 (aggravated child pornography), | ||||||
7 | 11-21 (harmful
material), 12-14.1
(predatory criminal | ||||||
8 | sexual assault of a child), 12-33 (ritualized abuse of | ||||||
9 | a
child), 11-20 (obscenity) (when that offense was | ||||||
10 | committed in any school, on
real property comprising | ||||||
11 | any school, on any conveyance owned,
leased, or | ||||||
12 | contracted by a school to transport students to or from | ||||||
13 | school or a
school related activity, or in a public | ||||||
14 | park). An attempt to commit any of
these offenses.
| ||||||
15 | (ii) A violation of any of the following Sections | ||||||
16 | of the Criminal Code
of 1961, when the victim is a | ||||||
17 | person under 18 years of age: 12-13 (criminal
sexual | ||||||
18 | assault), 12-14 (aggravated criminal sexual assault), | ||||||
19 | 12-15 (criminal
sexual abuse), 12-16 (aggravated | ||||||
20 | criminal sexual abuse). An attempt to commit
any of | ||||||
21 | these offenses.
| ||||||
22 | (iii) A violation of any of the following Sections | ||||||
23 | of the Criminal Code
of 1961, when the victim is a | ||||||
24 | person under 18 years of age and the defendant is
not a | ||||||
25 | parent of the victim:
| ||||||
26 | 10-1 (kidnapping),
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1 | 10-2 (aggravated kidnapping),
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2 | 10-3 (unlawful restraint),
| ||||||
3 | 10-3.1 (aggravated unlawful restraint).
| ||||||
4 | An attempt to commit any of these offenses.
| ||||||
5 | (iv) A violation of any former law of this State | ||||||
6 | substantially
equivalent to any offense listed in | ||||||
7 | clause (2)(i) of this subsection (d).
| ||||||
8 | (2.5) For the purposes of subsection (b-5) only, a sex | ||||||
9 | offense means:
| ||||||
10 | (i) A violation of any of the following Sections of | ||||||
11 | the Criminal Code of
1961:
| ||||||
12 | 10-5(b)(10) (child luring), 10-7 (aiding and | ||||||
13 | abetting child abduction
under Section | ||||||
14 | 10-5(b)(10)), 11-6 (indecent solicitation of
a
| ||||||
15 | child), 11-6.5 (indecent solicitation of an | ||||||
16 | adult), 11-15.1 (soliciting for a
juvenile
| ||||||
17 | prostitute), 11-17.1 (keeping a place of juvenile | ||||||
18 | prostitution), 11-18.1
(patronizing a juvenile | ||||||
19 | prostitute), 11-19.1 (juvenile pimping),
11-19.2 | ||||||
20 | (exploitation of a child), 11-20.1 (child | ||||||
21 | pornography), 11-20.3 (aggravated child | ||||||
22 | pornography), 12-14.1
(predatory criminal sexual | ||||||
23 | assault of a child), or 12-33 (ritualized abuse of | ||||||
24 | a
child). An attempt
to commit any of
these | ||||||
25 | offenses.
| ||||||
26 | (ii) A violation of any of the following Sections |
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| |||||||
1 | of the Criminal Code
of 1961, when the victim is a | ||||||
2 | person under 18 years of age: 12-13 (criminal
sexual | ||||||
3 | assault), 12-14 (aggravated criminal sexual assault),
| ||||||
4 | 12-16 (aggravated criminal sexual abuse), and | ||||||
5 | subsection (a) of Section 12-15
(criminal sexual | ||||||
6 | abuse). An attempt to commit
any of these offenses.
| ||||||
7 | (iii) A violation of any of the following Sections | ||||||
8 | of the Criminal Code
of 1961, when the victim is a | ||||||
9 | person under 18 years of age and the defendant is
not a | ||||||
10 | parent of the victim:
| ||||||
11 | 10-1 (kidnapping),
| ||||||
12 | 10-2 (aggravated kidnapping),
| ||||||
13 | 10-3 (unlawful restraint),
| ||||||
14 | 10-3.1 (aggravated unlawful restraint).
| ||||||
15 | An attempt to commit any of these offenses.
| ||||||
16 | (iv) A violation of any former law of this State | ||||||
17 | substantially
equivalent to any offense listed in this | ||||||
18 | paragraph (2.5) of
this subsection.
| ||||||
19 | (3) A conviction for an offense of federal law or the | ||||||
20 | law of another state
that is substantially equivalent to | ||||||
21 | any offense listed in paragraph (2) of this
subsection (d) | ||||||
22 | shall constitute a conviction for the purpose of
this | ||||||
23 | Section. A finding or adjudication as a sexually dangerous | ||||||
24 | person under
any federal law or law of another state that | ||||||
25 | is substantially equivalent to the
Sexually Dangerous | ||||||
26 | Persons Act shall constitute an adjudication for the
|
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1 | purposes of this Section.
| ||||||
2 | (4) "Public park" includes a park, forest preserve, or
| ||||||
3 | conservation
area
under the jurisdiction of the State or a | ||||||
4 | unit of local government.
| ||||||
5 | (5) "Facility providing programs or services directed | ||||||
6 | towards persons
under
the age of 18" means any facility | ||||||
7 | providing programs or services exclusively
directed | ||||||
8 | towards persons under the age of 18.
| ||||||
9 | (6) "Loiter" means:
| ||||||
10 | (i) Standing, sitting idly, whether or not the | ||||||
11 | person is in a vehicle or
remaining in or around public | ||||||
12 | park property.
| ||||||
13 | (ii) Standing, sitting idly, whether or not the | ||||||
14 | person is in a vehicle
or remaining in or around public | ||||||
15 | park property, for the purpose of committing
or
| ||||||
16 | attempting to commit a sex offense.
| ||||||
17 | (7) "Playground" means a piece of land owned or | ||||||
18 | controlled by a unit
of
local government that is designated | ||||||
19 | by the unit of local government for use
solely or primarily | ||||||
20 | for children's recreation.
| ||||||
21 | (8) "Child care institution" has the meaning ascribed | ||||||
22 | to it in Section 2.06 of the Child Care Act of 1969.
| ||||||
23 | (9) "Day care center" has the meaning ascribed to it in | ||||||
24 | Section 2.09 of the Child Care Act of 1969. | ||||||
25 | (10) "Part day child care facility" has the meaning | ||||||
26 | ascribed to it in Section 2.10 of the Child Care Act of |
| |||||||
| |||||||
1 | 1969.
| ||||||
2 | (11) "Internet" means an interactive computer service | ||||||
3 | or system or an
information service, system, or access | ||||||
4 | software provider that provides or
enables computer access | ||||||
5 | by multiple users to a computer server, and includes,
but | ||||||
6 | is not limited to, an information service, system, or | ||||||
7 | access software
provider that provides access to a network | ||||||
8 | system commonly known as the
Internet, or any comparable | ||||||
9 | system or service and also includes, but is not
limited to, | ||||||
10 | a World Wide Web page, newsgroup, message board, mailing | ||||||
11 | list, or
chat area on any interactive computer service or | ||||||
12 | system or other online
service. | ||||||
13 | (e) Sentence. A person who violates this Section is guilty | ||||||
14 | of a Class 4
felony.
| ||||||
15 | (Source: P.A. 94-925, eff. 6-26-06; 95-32, eff. 1-1-08; 95-640, | ||||||
16 | eff. 6-1-08; revised 10-30-07.)
| ||||||
17 | (720 ILCS 5/11-20.2) (from Ch. 38, par. 11-20.2)
| ||||||
18 | Sec. 11-20.2. Duty to report child pornography.
| ||||||
19 | (a) Any commercial film and photographic print processor or | ||||||
20 | computer technician who
has knowledge of or observes, within | ||||||
21 | the scope of his professional capacity
or employment, any film, | ||||||
22 | photograph, videotape, negative ,
or slide , computer hard drive | ||||||
23 | or any other magnetic or optical media which
depicts a child | ||||||
24 | whom the processor or computer technician knows or reasonably | ||||||
25 | should know to be
under the age of 18 where such child is:
|
| |||||||
| |||||||
1 | (i) actually or by simulation engaged in any act of sexual | ||||||
2 | penetration or sexual conduct
intercourse
with any person or | ||||||
3 | animal; or
| ||||||
4 | (ii) actually or by simulation engaged in any act of sexual | ||||||
5 | penetration or sexual conduct
contact
involving the sex organs | ||||||
6 | of the child and the mouth, anus, or sex organs of
another | ||||||
7 | person or animal; or which involves the mouth, anus or sex | ||||||
8 | organs
of the child and the sex organs of another person or | ||||||
9 | animal; or
| ||||||
10 | (iii) actually or by simulation engaged in any act of | ||||||
11 | masturbation; or
| ||||||
12 | (iv) actually or by simulation portrayed as being the | ||||||
13 | object of, or
otherwise engaged in, any act of lewd fondling, | ||||||
14 | touching, or caressing
involving another person or animal; or
| ||||||
15 | (v) actually or by simulation engaged in any act of | ||||||
16 | excretion or
urination within a sexual context; or
| ||||||
17 | (vi) actually or by simulation portrayed or depicted as | ||||||
18 | bound, fettered,
or subject to sadistic, masochistic, or | ||||||
19 | sadomasochistic abuse in any sexual
context; or
| ||||||
20 | (vii) depicted or portrayed in any pose, posture or setting | ||||||
21 | involving a lewd exhibition of the unclothed or transparently | ||||||
22 | clothed genitals, pubic area, buttocks, or, if such person is | ||||||
23 | female, a fully or partially developed breast of the child or | ||||||
24 | other person;
| ||||||
25 | shall report or cause a report to be made pursuant to | ||||||
26 | subsections (b) and (c) such instance to a peace officer |
| |||||||
| |||||||
1 | immediately or as
soon as reasonably possible. Failure to make | ||||||
2 | such report shall be a business offense
with a fine of $1,000 .
| ||||||
3 | (b) Commercial film and photographic film processors shall | ||||||
4 | report or cause a report to be made to the local law | ||||||
5 | enforcement agency of the jurisdiction in which the image or | ||||||
6 | images described in subsection (a) are discovered. | ||||||
7 | (c) Computer technicians shall report or cause the report | ||||||
8 | to be made to the local law enforcement agency of the | ||||||
9 | jurisdiction in which the image or images described in | ||||||
10 | subsection (a) are discovered or to the Illinois Child | ||||||
11 | Exploitation e-Tipline at reportchildporn@atg.state.il.us. | ||||||
12 | (d) Reports required by this Act shall include the | ||||||
13 | following information:
(i) name, address, and telephone number | ||||||
14 | of the person filing the report;
(ii) the employer of the | ||||||
15 | person filing the report, if any;
(iii) the name, address and | ||||||
16 | telephone number of the person whose property is the subject of | ||||||
17 | the report, if known;
(iv) the circumstances which led to the | ||||||
18 | filing of the report, including a description of the reported | ||||||
19 | content. | ||||||
20 | (e) If a report is filed with the Cyber Tipline at the | ||||||
21 | National Center for Missing and Exploited Children or in | ||||||
22 | accordance with the requirements of 42 U.S.C. 13032, the | ||||||
23 | requirements of this Act will be deemed to have been met. | ||||||
24 | (f) A computer technician or an employer caused to report | ||||||
25 | child pornography under this Section is immune from any | ||||||
26 | criminal, civil, or administrative liability in connection |
| |||||||
| |||||||
1 | with making the report, except for willful or wanton | ||||||
2 | misconduct. | ||||||
3 | (g) For the purposes of this Section, a "computer | ||||||
4 | technician" is a person who installs, maintains, | ||||||
5 | troubleshoots, repairs or upgrades computer hardware, | ||||||
6 | software, computer networks, peripheral equipment, electronic | ||||||
7 | mail systems, or provides user assistance for any of the | ||||||
8 | aforementioned tasks .
| ||||||
9 | (Source: P.A. 84-1280.)
| ||||||
10 | (720 ILCS 5/11-21) (from Ch. 38, par. 11-21)
| ||||||
11 | Sec. 11-21. Harmful material.
| ||||||
12 | (a) As used in this Section:
| ||||||
13 | "Distribute" means transfer possession of, whether | ||||||
14 | with or without consideration.
| ||||||
15 | "Harmful to minors" means that quality of any | ||||||
16 | description or representation, in whatever form, of | ||||||
17 | nudity, sexual conduct, sexual excitement, or | ||||||
18 | sado-masochistic abuse, when, taken as a whole, it (i) | ||||||
19 | predominately appeals to the prurient interest in sex of | ||||||
20 | minors, (ii) is patently offensive to prevailing standards | ||||||
21 | in the adult community in the State as a whole with respect | ||||||
22 | to what is suitable material for minors, and (iii) lacks | ||||||
23 | serious literary, artistic, political, or scientific value | ||||||
24 | for minors.
| ||||||
25 | "Knowingly" means having knowledge of the contents of |
| |||||||
| |||||||
1 | the subject matter, or recklessly failing to exercise | ||||||
2 | reasonable inspection which would have disclosed the | ||||||
3 | contents.
| ||||||
4 | "Material" means (i) any picture, photograph, drawing, | ||||||
5 | sculpture, film, video game, computer game, video or | ||||||
6 | similar visual depiction, including any such | ||||||
7 | representation or image which is stored electronically, or | ||||||
8 | (ii) any book, magazine, printed matter however | ||||||
9 | reproduced, or recorded audio of any sort.
| ||||||
10 | "Minor" means any person under the age of 18.
| ||||||
11 | "Nudity" means the showing of the human male or female | ||||||
12 | genitals, pubic area or buttocks with less than a full | ||||||
13 | opaque covering, or the showing of the female breast with | ||||||
14 | less than a fully opaque covering of any portion below the | ||||||
15 | top of the nipple, or the depiction of covered male | ||||||
16 | genitals in a discernably turgid state.
| ||||||
17 | "Sado-masochistic abuse" means flagellation or torture | ||||||
18 | by or upon a person clad in undergarments, a mask or | ||||||
19 | bizarre costume, or the condition of being fettered, bound | ||||||
20 | or otherwise physically restrained on the part of one | ||||||
21 | clothed for sexual gratification or stimulation.
| ||||||
22 | "Sexual conduct" means acts of masturbation, sexual | ||||||
23 | intercourse, or physical contact with a person's clothed or | ||||||
24 | unclothed genitals, pubic area, buttocks or, if such person | ||||||
25 | be a female, breast.
| ||||||
26 | "Sexual excitement" means the condition of human male |
| |||||||
| |||||||
1 | or female genitals when in a state of sexual stimulation or | ||||||
2 | arousal.
| ||||||
3 | (b) A person is guilty of distributing harmful material to | ||||||
4 | a minor when he or she:
| ||||||
5 | (1) knowingly sells, lends, distributes, or gives away | ||||||
6 | to a minor, knowing that the minor is under the age of 18 | ||||||
7 | or failing to exercise reasonable care in ascertaining the | ||||||
8 | person's true age:
| ||||||
9 | (A) any material which depicts nudity, sexual | ||||||
10 | conduct or sado-masochistic abuse, or which contains | ||||||
11 | explicit and detailed verbal descriptions or narrative | ||||||
12 | accounts of sexual excitement, sexual conduct or | ||||||
13 | sado-masochistic abuse, and which taken as a whole is | ||||||
14 | harmful to minors;
| ||||||
15 | (B) a motion picture, show, or other presentation | ||||||
16 | which depicts nudity, sexual conduct or | ||||||
17 | sado-masochistic abuse and is harmful to minors; or
| ||||||
18 | (C) an admission ticket or pass to premises where | ||||||
19 | there is exhibited or to be exhibited such a motion | ||||||
20 | picture, show, or other presentation; or
| ||||||
21 | (2) admits a minor to premises where there is exhibited | ||||||
22 | or to be exhibited such a motion picture, show, or other | ||||||
23 | presentation, knowing that the minor is a person under the | ||||||
24 | age of 18 or failing to exercise reasonable care in | ||||||
25 | ascertaining the person's true age.
| ||||||
26 | (c) In any prosecution arising under this Section, it is an |
| |||||||
| |||||||
1 | affirmative defense:
| ||||||
2 | (1) that the minor as to whom the offense is alleged to | ||||||
3 | have been committed exhibited to the accused a draft card, | ||||||
4 | driver's license, birth certificate or other official or | ||||||
5 | apparently official document purporting to establish that | ||||||
6 | the minor was 18 years of age or older, which was relied | ||||||
7 | upon by the accused;
| ||||||
8 | (2) that the defendant was in a parental or | ||||||
9 | guardianship relationship with the minor or that the minor | ||||||
10 | was accompanied by a parent or legal guardian;
| ||||||
11 | (3) that the defendant was a bona fide school, museum, | ||||||
12 | or public library, or was a person acting in the course of | ||||||
13 | his or her employment as an employee or official of such | ||||||
14 | organization or retail outlet affiliated with and serving | ||||||
15 | the educational purpose of such organization;
| ||||||
16 | (4) that the act charged was committed in aid of | ||||||
17 | legitimate scientific or educational purposes; or
| ||||||
18 | (5) that an advertisement of harmful material as | ||||||
19 | defined in this Section culminated in the sale or | ||||||
20 | distribution of such harmful material to a child under | ||||||
21 | circumstances where there was no personal confrontation of | ||||||
22 | the child by the defendant, his employees, or agents, as | ||||||
23 | where the order or request for such harmful material was | ||||||
24 | transmitted by mail, telephone, Internet or similar means | ||||||
25 | of communication, and delivery of such harmful material to | ||||||
26 | the child was by mail, freight, Internet or similar means |
| |||||||
| |||||||
1 | of transport, which advertisement contained the following | ||||||
2 | statement, or a substantially similar statement, and that | ||||||
3 | the defendant required the purchaser to certify that he or | ||||||
4 | she was not under the age of 18 and that the purchaser | ||||||
5 | falsely stated that he or she was not under the age of 18: | ||||||
6 | "NOTICE: It is unlawful for any person under the age of 18 | ||||||
7 | to purchase the matter advertised. Any person under the age | ||||||
8 | of 18 that falsely states that he or she is not under the | ||||||
9 | age of 18 for the purpose of obtaining the material | ||||||
10 | advertised is guilty of a Class B misdemeanor under the | ||||||
11 | laws of the State."
| ||||||
12 | (d) The predominant appeal to prurient interest of the | ||||||
13 | material shall be judged with reference to average children of | ||||||
14 | the same general age of the child to whom such material was | ||||||
15 | sold, lent, distributed or given, unless it appears from the | ||||||
16 | nature of the matter or the circumstances of its dissemination | ||||||
17 | or distribution that it is designed for specially susceptible | ||||||
18 | groups, in which case the predominant appeal of the material | ||||||
19 | shall be judged with reference to its intended or probable | ||||||
20 | recipient group.
| ||||||
21 | (e) Distribution of harmful material in violation of this | ||||||
22 | Section is a Class A misdemeanor. A second or subsequent | ||||||
23 | offense is a Class 4 felony.
| ||||||
24 | (f) Any person under the age of 18 that falsely states, | ||||||
25 | either orally or in writing, that he or she is not under the | ||||||
26 | age of 18, or that presents or offers to any person any |
| |||||||
| |||||||
1 | evidence of age and identity that is false or not actually his | ||||||
2 | or her own for the purpose of ordering, obtaining, viewing, or | ||||||
3 | otherwise procuring or attempting to procure or view any | ||||||
4 | harmful material is guilty of a Class B misdemeanor.
| ||||||
5 | (g) A person over the age of 18 who fails to exercise | ||||||
6 | reasonable care in ascertaining the true age of a minor, | ||||||
7 | knowingly distributes to, or sends, or causes to be sent, or | ||||||
8 | exhibits to, or offers to distribute, or exhibits any harmful | ||||||
9 | material to a person that he or she believes is a minor is | ||||||
10 | guilty of a Class A misdemeanor. If that person utilized a | ||||||
11 | computer web camera, cellular telephone, or any other type of | ||||||
12 | device to manufacture the harmful material, then each offense | ||||||
13 | is a Class 4 felony. | ||||||
14 | (h) Telecommunications carriers, commercial mobile service | ||||||
15 | providers, and providers of information services, including, | ||||||
16 | but not limited to, Internet service providers and hosting | ||||||
17 | service providers, are not liable under this Section, except | ||||||
18 | for willful and wanton misconduct, by virtue of the | ||||||
19 | transmission, storage, or caching of electronic communications | ||||||
20 | or messages of others or by virtue of the provision of other | ||||||
21 | related telecommunications, commercial mobile services, or | ||||||
22 | information services used by others in violation of this | ||||||
23 | Section. | ||||||
24 | (Source: P.A. 94-315, eff. 1-1-06.)
| ||||||
25 | (720 ILCS 5/11-23)
|
| |||||||
| |||||||
1 | Sec. 11-23. Posting of identifying or graphic information | ||||||
2 | on a pornographic
Internet site or possessing graphic | ||||||
3 | information with pornographic material .
| ||||||
4 | (a) A person at least 17 years of age who discloses on an | ||||||
5 | adult obscenity or
child
pornography Internet site the name, | ||||||
6 | address, telephone number, or e-mail
address of a person
under | ||||||
7 | 17 years of age at the time of the commission of
the offense or | ||||||
8 | of a person at least 17 years of age without the consent of
the | ||||||
9 | person at least 17 years of age is guilty of the offense of | ||||||
10 | posting of
identifying information on a pornographic Internet | ||||||
11 | site.
| ||||||
12 | (a-5) Any person who places, posts, reproduces, or | ||||||
13 | maintains on an adult obscenity or child pornography Internet | ||||||
14 | site a photograph, video, or digital image of a person under 18 | ||||||
15 | years of age that is not child pornography under Section | ||||||
16 | 11-20.1, without the knowledge and consent of the person under | ||||||
17 | 18 years of age, is guilty of the offense of posting of graphic | ||||||
18 | information on a pornographic Internet site. This provision | ||||||
19 | applies even if the person under 18 years of age is fully or | ||||||
20 | properly clothed in the photograph, video, or digital image. | ||||||
21 | (a-10) Any person who places, posts, reproduces, or | ||||||
22 | maintains on an adult obscenity or child pornography Internet | ||||||
23 | site, or possesses with obscene or child pornographic material | ||||||
24 | a photograph, video, or digital image of a person under 18 | ||||||
25 | years of age in which the child is posed in a suggestive manner | ||||||
26 | with the focus or concentration of the image on the child's |
| |||||||
| |||||||
1 | clothed genitals, clothed pubic area, clothed buttocks area, or | ||||||
2 | if the child is female, the breast exposed through transparent | ||||||
3 | clothing, and the photograph, video, or digital image is not | ||||||
4 | child pornography under Section 11-20.1, is guilty of posting | ||||||
5 | of graphic information on a pornographic Internet site or | ||||||
6 | possessing graphic information with pornographic material. | ||||||
7 | (b) Sentence. A person who violates subsection (a) of this | ||||||
8 | Section is guilty of a Class 4
felony if the victim is at least | ||||||
9 | 17 years of age at the time of the offense and
a
Class 3 felony | ||||||
10 | if the victim is under 17 years of age at the time of the
| ||||||
11 | offense. A person who violates subsection (a-5) of this Section | ||||||
12 | is guilty of a Class 4 felony. A person who violates subsection | ||||||
13 | (a-10) of this Section is guilty of a Class 3 felony.
| ||||||
14 | (c) Definitions. For purposes of this Section:
| ||||||
15 | (1) "Adult obscenity or child pornography Internet | ||||||
16 | site" means a site on
the Internet that contains material | ||||||
17 | that is obscene as defined in Section 11-20
of this Code or
| ||||||
18 | that is child pornography as defined in Section 11-20.1 of | ||||||
19 | this Code.
| ||||||
20 | (2) "Internet" includes the World Wide Web, electronic | ||||||
21 | mail, a
news group posting, or Internet file transfer.
| ||||||
22 | (Source: P.A. 91-222, eff. 7-22-99.)
| ||||||
23 | (720 ILCS 5/11-24) | ||||||
24 | Sec. 11-24. Child photography by sex offender. | ||||||
25 | (a) In this Section: |
| |||||||
| |||||||
1 | "Child" means a person under 18 years of age. | ||||||
2 | "Child sex offender" has the meaning ascribed to it in
| ||||||
3 | Section 11-9.3 of this Code. | ||||||
4 | (b) It is unlawful for a child sex offender to
knowingly: | ||||||
5 | (1) conduct or operate any type of business in
which he | ||||||
6 | or she photographs, videotapes, or takes a
digital image of | ||||||
7 | a child; or | ||||||
8 | (2) conduct or operate any type of business in
which he | ||||||
9 | or she instructs or directs another person to
photograph, | ||||||
10 | videotape, or take a digital image of a
child ; or . | ||||||
11 | (3) photograph, videotape, or take a digital image of a | ||||||
12 | child, or instruct or direct another person to photograph, | ||||||
13 | videotape, or take a digital image of a child without the | ||||||
14 | consent of the parent or guardian. | ||||||
15 | (c) Sentence. A violation of this Section is a Class 2
| ||||||
16 | felony. A person who violates this Section at a playground, | ||||||
17 | park facility, school, forest preserve, day care facility, or | ||||||
18 | at a facility providing programs or services directed to | ||||||
19 | persons under 17 years of age is guilty of a Class 1 felony.
| ||||||
20 | (Source: P.A. 93-905, eff. 1-1-05.)
| ||||||
21 | Section 110. The Unified Code of Corrections is amended by | ||||||
22 | changing Sections 3-3-7, 5-6-3, 5-6-3.1, and 5-8-1 as follows: | ||||||
23 | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | ||||||
24 | (Text of Section after amendment by P.A. 95-464, 95-579, |
| |||||||
| |||||||
1 | and 95-640 ) | ||||||
2 | Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | ||||||
3 | Release.
| ||||||
4 | (a) The conditions of parole or mandatory
supervised | ||||||
5 | release shall be such as the Prisoner Review
Board deems | ||||||
6 | necessary to assist the subject in leading a
law-abiding life. | ||||||
7 | The conditions of every parole and mandatory
supervised release | ||||||
8 | are that the subject:
| ||||||
9 | (1) not violate any criminal statute of any | ||||||
10 | jurisdiction
during the parole or release term;
| ||||||
11 | (2) refrain from possessing a firearm or other | ||||||
12 | dangerous
weapon;
| ||||||
13 | (3) report to an agent of the Department of | ||||||
14 | Corrections;
| ||||||
15 | (4) permit the agent to visit him or her at his or her | ||||||
16 | home, employment,
or
elsewhere to the
extent necessary for | ||||||
17 | the agent to discharge his or her duties;
| ||||||
18 | (5) attend or reside in a facility established for the | ||||||
19 | instruction or
residence
of persons on
parole or mandatory | ||||||
20 | supervised release;
| ||||||
21 | (6) secure permission before visiting or writing a | ||||||
22 | committed person in an
Illinois Department
of Corrections | ||||||
23 | facility;
| ||||||
24 | (7) report all arrests to an agent of the Department of | ||||||
25 | Corrections as
soon as
permitted by the
arresting authority | ||||||
26 | but in no event later than 24 hours after release from
|
| |||||||
| |||||||
1 | custody;
| ||||||
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 the effective date of this | ||||||
25 | amendatory Act of the 94th General Assembly, wear an | ||||||
26 | approved electronic monitoring device as defined in |
| |||||||
| |||||||
1 | Section 5-8A-2 for the duration of the person's parole, | ||||||
2 | mandatory supervised release term, or extended mandatory | ||||||
3 | supervised release term;
| ||||||
4 | (7.8) if convicted for an offense committed on or after | ||||||
5 | the effective date of this amendatory Act of the 95th | ||||||
6 | General Assembly that would qualify the accused as a child | ||||||
7 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
8 | Criminal Code of 1961, refrain from communicating with or | ||||||
9 | contacting, by means of the Internet, a person who is not | ||||||
10 | related to the accused and whom the accused reasonably | ||||||
11 | believes to be under 18 years of age; for purposes of this | ||||||
12 | paragraph (7.8), "Internet" has the meaning ascribed to it | ||||||
13 | in Section 16J-5 of the Criminal Code of 1961 , as added by | ||||||
14 | Public Act 94-179 ; and a person is not related to the | ||||||
15 | accused if the person is not: (i) the spouse, brother, or | ||||||
16 | sister of the accused; (ii) a descendant of the accused; | ||||||
17 | (iii) a first or second cousin of the accused; or (iv) a | ||||||
18 | step-child or adopted child of the accused;
| ||||||
19 | (7.9)
(7.8) if convicted under Section 11-6, 11-20.1, | ||||||
20 | 11-20.3, or 11-21 of the Criminal Code of 1961, consent to | ||||||
21 | search of computers, PDAs, cellular phones, and other | ||||||
22 | devices under his or her control that are capable of | ||||||
23 | accessing the Internet or storing electronic files, in | ||||||
24 | order to confirm Internet protocol addresses reported in | ||||||
25 | accordance with the Sex Offender Registration Act and | ||||||
26 | compliance with conditions in this Act;
|
| |||||||
| |||||||
1 | (7.10)
(7.8) if convicted for an offense that would | ||||||
2 | qualify the accused as a sex offender or sexual predator | ||||||
3 | under the Sex Offender Registration Act on or after the | ||||||
4 | effective date of this amendatory Act of the 95th General | ||||||
5 | Assembly, not possess prescription drugs for erectile | ||||||
6 | dysfunction;
| ||||||
7 | (7.11) if convicted for an offense under Section 11-6, | ||||||
8 | 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal | ||||||
9 | Code of 1961, or any attempt to commit any of these | ||||||
10 | offenses, committed on or after the effective date of this | ||||||
11 | amendatory Act of the 95th General Assembly: | ||||||
12 | (i) not access or use a computer or any other | ||||||
13 | device with Internet capability without the prior | ||||||
14 | written approval of the Department; | ||||||
15 | (ii) submit to periodic unannounced examinations | ||||||
16 | of the offender's computer or any other device with | ||||||
17 | Internet capability by the offender's supervising | ||||||
18 | agent, a law enforcement officer, or assigned computer | ||||||
19 | or information technology specialist, including the | ||||||
20 | retrieval and copying of all data from the computer or | ||||||
21 | device and any internal or external peripherals and | ||||||
22 | removal of such information, equipment, or device to | ||||||
23 | conduct a more thorough inspection; | ||||||
24 | (iii) submit to the installation on the offender's | ||||||
25 | computer or device with Internet capability, at the | ||||||
26 | offender's expense, of one or more hardware or software |
| |||||||
| |||||||
1 | systems to monitor the Internet use; and | ||||||
2 | (iv) submit to any other appropriate restrictions | ||||||
3 | concerning the offender's use of or access to a | ||||||
4 | computer or any other device with Internet capability | ||||||
5 | imposed by the Board, the Department or the offender's | ||||||
6 | supervising agent; | ||||||
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 and not
| ||||||
24 | associate with
persons who are members of an organized gang | ||||||
25 | as that term is defined in the
Illinois
Streetgang | ||||||
26 | Terrorism Omnibus Prevention Act;
|
| |||||||
| |||||||
1 | (14) provide true and accurate information, as it | ||||||
2 | relates to his or her
adjustment in the
community while on | ||||||
3 | parole or mandatory supervised release or to his or her
| ||||||
4 | conduct
while incarcerated, in response to inquiries by his | ||||||
5 | or her parole agent or of
the
Department of Corrections;
| ||||||
6 | (15) follow any specific instructions provided by the | ||||||
7 | parole agent that
are consistent
with furthering | ||||||
8 | conditions set and approved by the Prisoner Review Board or | ||||||
9 | by
law,
exclusive of placement on electronic detention, to | ||||||
10 | achieve the goals and
objectives of his
or her parole or | ||||||
11 | mandatory supervised release or to protect the public. | ||||||
12 | These
instructions by the parole agent may be modified at | ||||||
13 | any time, as the agent
deems
appropriate; and
| ||||||
14 | (16) if convicted of a sex offense as defined in | ||||||
15 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
16 | offender is a parent or guardian of the person under 18 | ||||||
17 | years of age present in the home and no non-familial minors | ||||||
18 | are present, not participate in a holiday event involving | ||||||
19 | children under 18 years of age, such as distributing candy | ||||||
20 | or other items to children on Halloween, wearing a Santa | ||||||
21 | Claus costume on or preceding Christmas, being employed as | ||||||
22 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
23 | costume on or preceding Easter. | ||||||
24 | (b) The Board may in addition to other conditions
require | ||||||
25 | that the subject:
| ||||||
26 | (1) work or pursue a course of study or vocational |
| |||||||
| |||||||
1 | training;
| ||||||
2 | (2) undergo medical or psychiatric treatment, or | ||||||
3 | treatment
for drug addiction or alcoholism;
| ||||||
4 | (3) attend or reside in a facility established for the
| ||||||
5 | instruction or residence of persons on probation or parole;
| ||||||
6 | (4) support his dependents;
| ||||||
7 | (5) (blank);
| ||||||
8 | (6) (blank);
| ||||||
9 | (7) comply with the terms and conditions of an order of | ||||||
10 | protection
issued pursuant to the Illinois Domestic | ||||||
11 | Violence Act of 1986, enacted by the
84th General Assembly, | ||||||
12 | or an order of protection issued by the court of another
| ||||||
13 | state, tribe, or United States territory;
| ||||||
14 | (7.5) if convicted for an offense committed on or after | ||||||
15 | the effective date of this amendatory Act of the 95th | ||||||
16 | General Assembly that would qualify the accused as a child | ||||||
17 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
18 | Criminal Code of 1961, refrain from communicating with or | ||||||
19 | contacting, by means of the Internet, a person who is | ||||||
20 | related to the accused and whom the accused reasonably | ||||||
21 | believes to be under 18 years of age; for purposes of this | ||||||
22 | paragraph (7.5), "Internet" has the meaning ascribed to it | ||||||
23 | in Section 16J-5 of the Criminal Code of 1961 , as added by | ||||||
24 | Public Act 94-179 ; and a person is related to the accused | ||||||
25 | if the person is: (i) the spouse, brother, or sister of the | ||||||
26 | accused; (ii) a descendant of the accused; (iii) a first or |
| |||||||
| |||||||
1 | second cousin of the accused; or (iv) a step-child or | ||||||
2 | adopted child of the accused; | ||||||
3 | (7.6) if convicted for an offense committed on or after | ||||||
4 | the effective date of this amendatory Act of the 95th | ||||||
5 | General Assembly that would qualify as a sex offense as | ||||||
6 | defined in the Sex Offender Registration Act: | ||||||
7 | (i) not access or use a computer or any other | ||||||
8 | device with Internet capability without the prior | ||||||
9 | written approval of the Department; | ||||||
10 | (ii) submit to periodic unannounced examinations | ||||||
11 | of the offender's computer or any other device with | ||||||
12 | Internet capability by the offender's supervising | ||||||
13 | agent, a law enforcement officer, or assigned computer | ||||||
14 | or information technology specialist, including the | ||||||
15 | retrieval and copying of all data from the computer or | ||||||
16 | device and any internal or external peripherals and | ||||||
17 | removal of such information, equipment, or device to | ||||||
18 | conduct a more thorough inspection; | ||||||
19 | (iii) submit to the installation on the offender's | ||||||
20 | computer or device with Internet capability, at the | ||||||
21 | offender's expense, of one or more hardware or software | ||||||
22 | systems to monitor the Internet use; and | ||||||
23 | (iv) submit to any other appropriate restrictions | ||||||
24 | concerning the offender's use of or access to a | ||||||
25 | computer or any other device with Internet capability | ||||||
26 | imposed by the Board, the Department or the offender's |
| |||||||
| |||||||
1 | supervising agent; 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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 12-26-07.) | ||||||
4 | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
| ||||||
5 | (Text of Section after amendment by P.A. 95-464, 95-578, | ||||||
6 | and 95-696 ) | ||||||
7 | Sec. 5-6-3. Conditions of Probation and of Conditional | ||||||
8 | Discharge.
| ||||||
9 | (a) The conditions of probation and of conditional | ||||||
10 | discharge shall be
that the person:
| ||||||
11 | (1) not violate any criminal statute of any | ||||||
12 | jurisdiction;
| ||||||
13 | (2) report to or appear in person before such person or | ||||||
14 | agency as
directed by the court;
| ||||||
15 | (3) refrain from possessing a firearm or other | ||||||
16 | dangerous weapon;
| ||||||
17 | (4) not leave the State without the consent of the | ||||||
18 | court or, in
circumstances in which the reason for the | ||||||
19 | absence is of such an emergency
nature that prior consent | ||||||
20 | by the court is not possible, without the prior
| ||||||
21 | notification and approval of the person's probation
| ||||||
22 | officer. Transfer of a person's probation or conditional | ||||||
23 | discharge
supervision to another state is subject to | ||||||
24 | acceptance by the other state
pursuant to the Interstate | ||||||
25 | Compact for Adult Offender Supervision;
|
| |||||||
| |||||||
1 | (5) permit the probation officer to visit
him at his | ||||||
2 | home or elsewhere
to the extent necessary to discharge his | ||||||
3 | duties;
| ||||||
4 | (6) perform no less than 30 hours of community service | ||||||
5 | and not more than
120 hours of community service, if | ||||||
6 | community service is available in the
jurisdiction and is | ||||||
7 | funded and approved by the county board where the offense
| ||||||
8 | was committed, where the offense was related to or in | ||||||
9 | furtherance of the
criminal activities of an organized gang | ||||||
10 | and was motivated by the offender's
membership in or | ||||||
11 | allegiance to an organized gang. The community service | ||||||
12 | shall
include, but not be limited to, the cleanup and | ||||||
13 | repair of any damage caused by
a violation of Section | ||||||
14 | 21-1.3 of the Criminal Code of 1961 and similar damage
to | ||||||
15 | property located within the municipality or county in which | ||||||
16 | the violation
occurred. When possible and reasonable, the | ||||||
17 | community service should be
performed in the offender's | ||||||
18 | neighborhood. For purposes of this Section,
"organized | ||||||
19 | gang" has the meaning ascribed to it in Section 10 of the | ||||||
20 | Illinois
Streetgang Terrorism Omnibus Prevention Act;
| ||||||
21 | (7) if he or she is at least 17 years of age and has | ||||||
22 | been sentenced to
probation or conditional discharge for a | ||||||
23 | misdemeanor or felony in a county of
3,000,000 or more | ||||||
24 | inhabitants and has not been previously convicted of a
| ||||||
25 | misdemeanor or felony, may be required by the sentencing | ||||||
26 | court to attend
educational courses designed to prepare the |
| |||||||
| |||||||
1 | defendant for a high school diploma
and to work toward a | ||||||
2 | high school diploma or to work toward passing the high
| ||||||
3 | school level Test of General Educational Development (GED) | ||||||
4 | or to work toward
completing a vocational training program | ||||||
5 | approved by the court. The person on
probation or | ||||||
6 | conditional discharge must attend a public institution of
| ||||||
7 | education to obtain the educational or vocational training | ||||||
8 | required by this
clause (7). The court shall revoke the | ||||||
9 | probation or conditional discharge of a
person who wilfully | ||||||
10 | fails to comply with this clause (7). The person on
| ||||||
11 | probation or conditional discharge shall be required to pay | ||||||
12 | for the cost of the
educational courses or GED test, if a | ||||||
13 | fee is charged for those courses or
test. The court shall | ||||||
14 | resentence the offender whose probation or conditional
| ||||||
15 | discharge has been revoked as provided in Section 5-6-4. | ||||||
16 | This clause (7) does
not apply to a person who has a high | ||||||
17 | school diploma or has successfully passed
the GED test. | ||||||
18 | This clause (7) does not apply to a person who is | ||||||
19 | determined by
the court to be developmentally disabled or | ||||||
20 | otherwise mentally incapable of
completing the educational | ||||||
21 | or vocational program;
| ||||||
22 | (8) if convicted of possession of a substance | ||||||
23 | prohibited
by the Cannabis Control Act, the Illinois | ||||||
24 | Controlled Substances Act, or the Methamphetamine Control | ||||||
25 | and Community Protection Act
after a previous conviction or | ||||||
26 | disposition of supervision for possession of a
substance |
| |||||||
| |||||||
1 | prohibited by the Cannabis Control Act or Illinois | ||||||
2 | Controlled
Substances Act or after a sentence of probation | ||||||
3 | under Section 10 of the
Cannabis
Control Act, Section 410 | ||||||
4 | of the Illinois Controlled Substances Act, or Section 70 of | ||||||
5 | the Methamphetamine Control and Community Protection Act | ||||||
6 | and upon a
finding by the court that the person is | ||||||
7 | addicted, undergo treatment at a
substance abuse program | ||||||
8 | approved by the court;
| ||||||
9 | (8.5) if convicted of a felony sex offense as defined | ||||||
10 | in the Sex
Offender
Management Board Act, the person shall | ||||||
11 | undergo and successfully complete sex
offender treatment | ||||||
12 | by a treatment provider approved by the Board and conducted
| ||||||
13 | in conformance with the standards developed under the Sex
| ||||||
14 | Offender Management Board Act;
| ||||||
15 | (8.6) if convicted of a sex offense as defined in the | ||||||
16 | Sex Offender Management Board Act, refrain from residing at | ||||||
17 | the same address or in the same condominium unit or | ||||||
18 | apartment unit or in the same condominium complex or | ||||||
19 | apartment complex with another person he or she knows or | ||||||
20 | reasonably should know is a convicted sex offender or has | ||||||
21 | been placed on supervision for a sex offense; the | ||||||
22 | provisions of this paragraph do not apply to a person | ||||||
23 | convicted of a sex offense who is placed in a Department of | ||||||
24 | Corrections licensed transitional housing facility for sex | ||||||
25 | offenders; | ||||||
26 | (8.7) if convicted for an offense committed on or after |
| |||||||
| |||||||
1 | the effective date of this amendatory Act of the 95th | ||||||
2 | General Assembly that would qualify the accused as a child | ||||||
3 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
4 | Criminal Code of 1961, refrain from communicating with or | ||||||
5 | contacting, by means of the Internet, a person who is not | ||||||
6 | related to the accused and whom the accused reasonably | ||||||
7 | believes to be under 18 years of age; for purposes of this | ||||||
8 | paragraph (8.7), "Internet" has the meaning ascribed to it | ||||||
9 | in Section 16J-5 of the Criminal Code of 1961 , as added by | ||||||
10 | Public Act 94-179 ; and a person is not related to the | ||||||
11 | accused if the person is not: (i) the spouse, brother, or | ||||||
12 | sister of the accused; (ii) a descendant of the accused; | ||||||
13 | (iii) a first or second cousin of the accused; or (iv) a | ||||||
14 | step-child or adopted child of the accused; | ||||||
15 | (8.8) if convicted for an offense under Section 11-6, | ||||||
16 | 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal | ||||||
17 | Code of 1961, or any attempt to commit any of these | ||||||
18 | offenses, committed on or after the effective date of this | ||||||
19 | amendatory Act of the 95th General Assembly: | ||||||
20 | (i) not access or use a computer or any other | ||||||
21 | device with Internet capability without the prior | ||||||
22 | written approval of the offender's probation officer, | ||||||
23 | except in connection with the offender's employment or | ||||||
24 | search for employment with the prior approval of the | ||||||
25 | offender's probation officer; | ||||||
26 | (ii) submit to periodic unannounced examinations |
| |||||||
| |||||||
1 | of the offender's computer or any other device with | ||||||
2 | Internet capability by the offender's probation | ||||||
3 | officer, a law enforcement officer, or assigned | ||||||
4 | computer or information technology specialist, | ||||||
5 | including the retrieval and copying of all data from | ||||||
6 | the computer or device and any internal or external | ||||||
7 | peripherals and removal of such information, | ||||||
8 | equipment, or device to conduct a more thorough | ||||||
9 | inspection; | ||||||
10 | (iii) submit to the installation on the offender's | ||||||
11 | computer or device with Internet capability, at the | ||||||
12 | offender's expense, of one or more hardware or software | ||||||
13 | systems to monitor the Internet use; and | ||||||
14 | (iv) submit to any other appropriate restrictions | ||||||
15 | concerning the offender's use of or access to a | ||||||
16 | computer or any other device with Internet capability | ||||||
17 | imposed by the offender's probation officer; | ||||||
18 | (9) if convicted of a felony, physically surrender at a | ||||||
19 | time and place
designated by the court, his or her Firearm
| ||||||
20 | Owner's Identification Card and
any and all firearms in
his | ||||||
21 | or her possession; and
| ||||||
22 | (10) if convicted of a sex offense as defined in | ||||||
23 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
24 | offender is a parent or guardian of the person under 18 | ||||||
25 | years of age present in the home and no non-familial minors | ||||||
26 | are present, not participate in a holiday event involving |
| |||||||
| |||||||
1 | children under 18 years of age, such as distributing candy | ||||||
2 | or other items to children on Halloween, wearing a Santa | ||||||
3 | Claus costume on or preceding Christmas, being employed as | ||||||
4 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
5 | costume on or preceding Easter. | ||||||
6 | (b) The Court may in addition to other reasonable | ||||||
7 | conditions relating to the
nature of the offense or the | ||||||
8 | rehabilitation of the defendant as determined for
each | ||||||
9 | defendant in the proper discretion of the Court require that | ||||||
10 | the person:
| ||||||
11 | (1) serve a term of periodic imprisonment under Article | ||||||
12 | 7 for a
period not to exceed that specified in paragraph | ||||||
13 | (d) of Section 5-7-1;
| ||||||
14 | (2) pay a fine and costs;
| ||||||
15 | (3) work or pursue a course of study or vocational | ||||||
16 | training;
| ||||||
17 | (4) undergo medical, psychological or psychiatric | ||||||
18 | treatment; or treatment
for drug addiction or alcoholism;
| ||||||
19 | (5) attend or reside in a facility established for the | ||||||
20 | instruction
or residence of defendants on probation;
| ||||||
21 | (6) support his dependents;
| ||||||
22 | (7) and in addition, if a minor:
| ||||||
23 | (i) reside with his parents or in a foster home;
| ||||||
24 | (ii) attend school;
| ||||||
25 | (iii) attend a non-residential program for youth;
| ||||||
26 | (iv) contribute to his own support at home or in a |
| |||||||
| |||||||
1 | foster home;
| ||||||
2 | (v) with the consent of the superintendent of the
| ||||||
3 | facility, attend an educational program at a facility | ||||||
4 | other than the school
in which the
offense was | ||||||
5 | committed if he
or she is convicted of a crime of | ||||||
6 | violence as
defined in
Section 2 of the Crime Victims | ||||||
7 | Compensation Act committed in a school, on the
real
| ||||||
8 | property
comprising a school, or within 1,000 feet of | ||||||
9 | the real property comprising a
school;
| ||||||
10 | (8) make restitution as provided in Section 5-5-6 of | ||||||
11 | this Code;
| ||||||
12 | (9) perform some reasonable public or community | ||||||
13 | service;
| ||||||
14 | (10) serve a term of home confinement. In addition to | ||||||
15 | any other
applicable condition of probation or conditional | ||||||
16 | discharge, the
conditions of home confinement shall be that | ||||||
17 | the offender:
| ||||||
18 | (i) remain within the interior premises of the | ||||||
19 | place designated for
his confinement during the hours | ||||||
20 | designated by the court;
| ||||||
21 | (ii) admit any person or agent designated by the | ||||||
22 | court into the
offender's place of confinement at any | ||||||
23 | time for purposes of verifying
the offender's | ||||||
24 | compliance with the conditions of his confinement; and
| ||||||
25 | (iii) if further deemed necessary by the court or | ||||||
26 | the
Probation or
Court Services Department, be placed |
| |||||||
| |||||||
1 | on an approved
electronic monitoring device, subject | ||||||
2 | to Article 8A of Chapter V;
| ||||||
3 | (iv) for persons convicted of any alcohol, | ||||||
4 | cannabis or controlled
substance violation who are | ||||||
5 | placed on an approved monitoring device as a
condition | ||||||
6 | of probation or conditional discharge, the court shall | ||||||
7 | impose a
reasonable fee for each day of the use of the | ||||||
8 | device, as established by the
county board in | ||||||
9 | subsection (g) of this Section, unless after | ||||||
10 | determining the
inability of the offender to pay the | ||||||
11 | fee, the court assesses a lesser fee or no
fee as the | ||||||
12 | case may be. This fee shall be imposed in addition to | ||||||
13 | the fees
imposed under subsections (g) and (i) of this | ||||||
14 | Section. The fee shall be
collected by the clerk of the | ||||||
15 | circuit court. The clerk of the circuit
court shall pay | ||||||
16 | all monies collected from this fee to the county | ||||||
17 | treasurer
for deposit in the substance abuse services | ||||||
18 | fund under Section 5-1086.1 of
the Counties Code; and
| ||||||
19 | (v) for persons convicted of offenses other than | ||||||
20 | those referenced in
clause (iv) above and who are | ||||||
21 | placed on an approved monitoring device as a
condition | ||||||
22 | of probation or conditional discharge, the court shall | ||||||
23 | impose
a reasonable fee for each day of the use of the | ||||||
24 | device, as established by the
county board in | ||||||
25 | subsection (g) of this Section, unless after | ||||||
26 | determining the
inability of the defendant to pay the |
| |||||||
| |||||||
1 | fee, the court assesses a lesser fee or
no fee as the | ||||||
2 | case may be. This fee shall be imposed in addition to | ||||||
3 | the fees
imposed under subsections (g) and (i) of this | ||||||
4 | Section. The fee
shall be collected by the clerk of the | ||||||
5 | circuit court. The clerk of the circuit
court shall pay | ||||||
6 | all monies collected from this fee
to the county | ||||||
7 | treasurer who shall use the monies collected to defray | ||||||
8 | the
costs of corrections. The county treasurer shall | ||||||
9 | deposit the fee
collected in the county working cash | ||||||
10 | fund under Section 6-27001 or Section
6-29002 of the | ||||||
11 | Counties Code, as the case may be.
| ||||||
12 | (11) comply with the terms and conditions of an order | ||||||
13 | of protection issued
by the court pursuant to the Illinois | ||||||
14 | Domestic Violence Act of 1986,
as now or hereafter amended, | ||||||
15 | or an order of protection issued by the court of
another | ||||||
16 | state, tribe, or United States territory. A copy of the | ||||||
17 | order of
protection shall be
transmitted to the probation | ||||||
18 | officer or agency
having responsibility for the case;
| ||||||
19 | (12) reimburse any "local anti-crime program" as | ||||||
20 | defined in Section 7
of the Anti-Crime Advisory Council Act | ||||||
21 | for any reasonable expenses incurred
by the program on the | ||||||
22 | offender's case, not to exceed the maximum amount of
the | ||||||
23 | fine authorized for the offense for which the defendant was | ||||||
24 | sentenced;
| ||||||
25 | (13) contribute a reasonable sum of money, not to | ||||||
26 | exceed the maximum
amount of the fine authorized for the
|
| |||||||
| |||||||
1 | offense for which the defendant was sentenced, (i) to a | ||||||
2 | "local anti-crime
program", as defined in Section 7 of the | ||||||
3 | Anti-Crime Advisory Council Act, or (ii) for offenses under | ||||||
4 | the jurisdiction of the Department of Natural Resources, to | ||||||
5 | the fund established by the Department of Natural Resources | ||||||
6 | for the purchase of evidence for investigation purposes and | ||||||
7 | to conduct investigations as outlined in Section 805-105 of | ||||||
8 | the Department of Natural Resources (Conservation) Law;
| ||||||
9 | (14) refrain from entering into a designated | ||||||
10 | geographic area except upon
such terms as the court finds | ||||||
11 | appropriate. Such terms may include
consideration of the | ||||||
12 | purpose of the entry, the time of day, other persons
| ||||||
13 | accompanying the defendant, and advance approval by a
| ||||||
14 | probation officer, if
the defendant has been placed on | ||||||
15 | probation or advance approval by the
court, if the | ||||||
16 | defendant was placed on conditional discharge;
| ||||||
17 | (15) refrain from having any contact, directly or | ||||||
18 | indirectly, with
certain specified persons or particular | ||||||
19 | types of persons, including but not
limited to members of | ||||||
20 | street gangs and drug users or dealers;
| ||||||
21 | (16) refrain from having in his or her body the | ||||||
22 | presence of any illicit
drug prohibited by the Cannabis | ||||||
23 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
24 | Methamphetamine Control and Community Protection Act, | ||||||
25 | unless prescribed by a physician, and submit samples of
his | ||||||
26 | or her blood or urine or both for tests to determine the |
| |||||||
| |||||||
1 | presence of any
illicit drug; and
| ||||||
2 | (17) 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, refrain from communicating with or | ||||||
7 | contacting, by means of the Internet, a person who is | ||||||
8 | related to the accused and whom the accused reasonably | ||||||
9 | believes to be under 18 years of age; for purposes of this | ||||||
10 | paragraph (17), "Internet" has the meaning ascribed to it | ||||||
11 | in Section 16J-5 of the Criminal Code of 1961 , as added by | ||||||
12 | Public Act 94-179 ; and a person is related to the accused | ||||||
13 | if the person is: (i) the spouse, brother, or sister of the | ||||||
14 | accused; (ii) a descendant of the accused; (iii) a first or | ||||||
15 | second cousin of the accused; or (iv) a step-child or | ||||||
16 | adopted child of the accused ; and . | ||||||
17 | (18) 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 as a sex offense as | ||||||
20 | defined in the Sex 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 offender's probation officer, | ||||||
24 | except in connection with the offender's employment or | ||||||
25 | search for employment with the prior approval of the | ||||||
26 | offender's probation officer; |
| |||||||
| |||||||
1 | (ii) submit to periodic unannounced examinations | ||||||
2 | of the offender's computer or any other device with | ||||||
3 | Internet capability by the offender's probation | ||||||
4 | officer, a law enforcement officer, or assigned | ||||||
5 | computer or information technology specialist, | ||||||
6 | including the retrieval and copying of all data from | ||||||
7 | the computer or device and any internal or external | ||||||
8 | peripherals and removal of such information, | ||||||
9 | equipment, or device to conduct a more thorough | ||||||
10 | inspection; | ||||||
11 | (iii) submit to the installation on the offender's | ||||||
12 | computer or device with Internet capability, at the | ||||||
13 | subject's expense, of one or more hardware or software | ||||||
14 | systems to monitor the Internet use; and | ||||||
15 | (iv) submit to any other appropriate restrictions | ||||||
16 | concerning the offender's use of or access to a | ||||||
17 | computer or any other device with Internet capability | ||||||
18 | imposed by the offender's probation officer. | ||||||
19 | (c) The court may as a condition of probation or of | ||||||
20 | conditional
discharge require that a person under 18 years of | ||||||
21 | age found guilty of any
alcohol, cannabis or controlled | ||||||
22 | substance violation, refrain from acquiring
a driver's license | ||||||
23 | during
the period of probation or conditional discharge. If | ||||||
24 | such person
is in possession of a permit or license, the court | ||||||
25 | may require that
the minor refrain from driving or operating | ||||||
26 | any motor vehicle during the
period of probation or conditional |
| |||||||
| |||||||
1 | discharge, except as may be necessary in
the course of the | ||||||
2 | minor's lawful employment.
| ||||||
3 | (d) An offender sentenced to probation or to conditional | ||||||
4 | discharge
shall be given a certificate setting forth the | ||||||
5 | conditions thereof.
| ||||||
6 | (e) Except where the offender has committed a fourth or | ||||||
7 | subsequent
violation of subsection (c) of Section 6-303 of the | ||||||
8 | Illinois Vehicle Code,
the court shall not require as a | ||||||
9 | condition of the sentence of
probation or conditional discharge | ||||||
10 | that the offender be committed to a
period of imprisonment in | ||||||
11 | excess of 6 months.
This 6 month limit shall not include | ||||||
12 | periods of confinement given pursuant to
a sentence of county | ||||||
13 | impact incarceration under Section 5-8-1.2.
| ||||||
14 | Persons committed to imprisonment as a condition of | ||||||
15 | probation or
conditional discharge shall not be committed to | ||||||
16 | the Department of
Corrections.
| ||||||
17 | (f) The court may combine a sentence of periodic | ||||||
18 | imprisonment under
Article 7 or a sentence to a county impact | ||||||
19 | incarceration program under
Article 8 with a sentence of | ||||||
20 | probation or conditional discharge.
| ||||||
21 | (g) An offender sentenced to probation or to conditional | ||||||
22 | discharge and
who during the term of either undergoes mandatory | ||||||
23 | drug or alcohol testing,
or both, or is assigned to be placed | ||||||
24 | on an approved electronic monitoring
device, shall be ordered | ||||||
25 | to pay all costs incidental to such mandatory drug
or alcohol | ||||||
26 | testing, or both, and all costs
incidental to such approved |
| |||||||
| |||||||
1 | electronic monitoring in accordance with the
defendant's | ||||||
2 | ability to pay those costs. The county board with
the | ||||||
3 | concurrence of the Chief Judge of the judicial
circuit in which | ||||||
4 | the county is located shall establish reasonable fees for
the | ||||||
5 | cost of maintenance, testing, and incidental expenses related | ||||||
6 | to the
mandatory drug or alcohol testing, or both, and all | ||||||
7 | costs incidental to
approved electronic monitoring, involved | ||||||
8 | in a successful probation program
for the county. The | ||||||
9 | concurrence of the Chief Judge shall be in the form of
an | ||||||
10 | administrative order.
The fees shall be collected by the clerk | ||||||
11 | of the circuit court. The clerk of
the circuit court shall pay | ||||||
12 | all moneys collected from these fees to the county
treasurer | ||||||
13 | who shall use the moneys collected to defray the costs of
drug | ||||||
14 | testing, alcohol testing, and electronic monitoring.
The | ||||||
15 | county treasurer shall deposit the fees collected in the
county | ||||||
16 | working cash fund under Section 6-27001 or Section 6-29002 of | ||||||
17 | the
Counties Code, as the case may be.
| ||||||
18 | (h) Jurisdiction over an offender may be transferred from | ||||||
19 | the
sentencing court to the court of another circuit with the | ||||||
20 | concurrence of
both courts. Further transfers or retransfers of
| ||||||
21 | jurisdiction are also
authorized in the same manner. The court | ||||||
22 | to which jurisdiction has been
transferred shall have the same | ||||||
23 | powers as the sentencing court.
| ||||||
24 | (i) The court shall impose upon an offender
sentenced to | ||||||
25 | probation after January 1, 1989 or to conditional discharge
| ||||||
26 | after January 1, 1992 or to community service under the |
| |||||||
| |||||||
1 | supervision of a
probation or court services department after | ||||||
2 | January 1, 2004, as a condition of such probation or | ||||||
3 | conditional
discharge or supervised community service, a fee of | ||||||
4 | $50
for each month of probation or
conditional
discharge | ||||||
5 | supervision or supervised community service ordered by the | ||||||
6 | court, unless after
determining the inability of the person | ||||||
7 | sentenced to probation or conditional
discharge or supervised | ||||||
8 | community service to pay the
fee, the court assesses a lesser | ||||||
9 | fee. The court may not impose the fee on a
minor who is made a | ||||||
10 | ward of the State under the Juvenile Court Act of 1987
while | ||||||
11 | the minor is in placement.
The fee shall be imposed only upon
| ||||||
12 | an offender who is actively supervised by the
probation and | ||||||
13 | court services
department. The fee shall be collected by the | ||||||
14 | clerk
of the circuit court. The clerk of the circuit court | ||||||
15 | shall pay all monies
collected from this fee to the county | ||||||
16 | treasurer for deposit in the
probation and court services fund | ||||||
17 | under Section 15.1 of the
Probation and Probation Officers Act.
| ||||||
18 | A circuit court may not impose a probation fee under this | ||||||
19 | subsection (i) in excess of $25
per month unless: (1) the | ||||||
20 | circuit court has adopted, by administrative
order issued by | ||||||
21 | the chief judge, a standard probation fee guide
determining an | ||||||
22 | offender's ability to pay, under guidelines developed by
the | ||||||
23 | Administrative
Office of the Illinois Courts; and (2) the | ||||||
24 | circuit court has authorized, by
administrative order issued by | ||||||
25 | the chief judge, the creation of a Crime
Victim's Services | ||||||
26 | Fund, to be administered by the Chief Judge or his or
her |
| |||||||
| |||||||
1 | designee, for services to crime victims and their families. Of | ||||||
2 | the
amount collected as a probation fee, up to $5 of that fee
| ||||||
3 | collected per month may be used to provide services to crime | ||||||
4 | victims
and their families.
| ||||||
5 | This amendatory Act of the 93rd General Assembly deletes | ||||||
6 | the $10 increase in the fee under this subsection that was | ||||||
7 | imposed by Public Act 93-616. This deletion is intended to | ||||||
8 | control over any other Act of the 93rd General Assembly that | ||||||
9 | retains or incorporates that fee increase. | ||||||
10 | (i-5) In addition to the fees imposed under subsection (i) | ||||||
11 | of this Section, in the case of an offender convicted of a | ||||||
12 | felony sex offense (as defined in the Sex Offender Management | ||||||
13 | Board Act) or an offense that the court or probation department | ||||||
14 | has determined to be sexually motivated (as defined in the Sex | ||||||
15 | Offender Management Board Act), the court or the probation | ||||||
16 | department shall assess additional fees to pay for all costs of | ||||||
17 | treatment, assessment, evaluation for risk and treatment, and | ||||||
18 | monitoring the offender, based on that offender's ability to | ||||||
19 | pay those costs either as they occur or under a payment plan. | ||||||
20 | (j) All fines and costs imposed under this Section for any | ||||||
21 | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
22 | Code, or a similar
provision of a local ordinance, and any | ||||||
23 | violation of the Child Passenger
Protection Act, or a similar | ||||||
24 | provision of a local ordinance, shall be
collected and | ||||||
25 | disbursed by the circuit clerk as provided under Section 27.5
| ||||||
26 | of the Clerks of Courts Act.
|
| |||||||
| |||||||
1 | (k) Any offender who is sentenced to probation or | ||||||
2 | conditional discharge for a felony sex offense as defined in | ||||||
3 | the Sex Offender Management Board Act or any offense that the | ||||||
4 | court or probation department has determined to be sexually | ||||||
5 | motivated as defined in the Sex Offender Management Board Act | ||||||
6 | shall be required to refrain from any contact, directly or | ||||||
7 | indirectly, with any persons specified by the court and shall | ||||||
8 | be available for all evaluations and treatment programs | ||||||
9 | required by the court or the probation department.
| ||||||
10 | (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | ||||||
11 | 94-556, eff. 9-11-05; 95-331, eff. 8-21-07; 95-464, eff. | ||||||
12 | 6-1-08; 95-578, eff. 6-1-08; 95-696, eff. 6-1-08; revised | ||||||
13 | 12-26-07.)
| ||||||
14 | (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
| ||||||
15 | (Text of Section after amendment by P.A. 95-464 and 95-696 ) | ||||||
16 | Sec. 5-6-3.1. Incidents and Conditions of Supervision.
| ||||||
17 | (a) When a defendant is placed on supervision, the court | ||||||
18 | shall enter
an order for supervision specifying the period of | ||||||
19 | such supervision, and
shall defer further proceedings in the | ||||||
20 | case until the conclusion of the
period.
| ||||||
21 | (b) The period of supervision shall be reasonable under all | ||||||
22 | of the
circumstances of the case, but may not be longer than 2 | ||||||
23 | years, unless the
defendant has failed to pay the assessment | ||||||
24 | required by Section 10.3 of the
Cannabis Control Act,
Section | ||||||
25 | 411.2 of the Illinois Controlled
Substances Act, or Section 80 |
| |||||||
| |||||||
1 | of the Methamphetamine Control and Community Protection Act, in | ||||||
2 | which case the court may extend supervision beyond 2 years.
| ||||||
3 | Additionally, the court shall order the defendant to perform no | ||||||
4 | less than 30
hours of community service and not more than 120 | ||||||
5 | hours of community service, if
community service is available | ||||||
6 | in the
jurisdiction and is funded and approved by the county | ||||||
7 | board where the offense
was committed,
when the offense (1) was
| ||||||
8 | related to or in furtherance of the criminal activities of an | ||||||
9 | organized gang or
was motivated by the defendant's membership | ||||||
10 | in or allegiance to an organized
gang; or (2) is a violation of | ||||||
11 | any Section of Article 24 of the Criminal
Code of 1961 where a | ||||||
12 | disposition of supervision is not prohibited by Section
5-6-1 | ||||||
13 | of this Code.
The
community service shall include, but not be | ||||||
14 | limited to, the cleanup and repair
of any damage caused by | ||||||
15 | violation of Section 21-1.3 of the Criminal Code of
1961 and | ||||||
16 | similar damages to property located within the municipality or | ||||||
17 | county
in which the violation occurred. Where possible and | ||||||
18 | reasonable, the community
service should be performed in the | ||||||
19 | offender's neighborhood.
| ||||||
20 | For the purposes of this
Section, "organized gang" has the | ||||||
21 | meaning ascribed to it in Section 10 of the
Illinois Streetgang | ||||||
22 | Terrorism Omnibus Prevention Act.
| ||||||
23 | (c) The court may in addition to other reasonable | ||||||
24 | conditions
relating to the nature of the offense or the | ||||||
25 | rehabilitation of the
defendant as determined for each | ||||||
26 | defendant in the proper discretion of
the court require that |
| |||||||
| |||||||
1 | the person:
| ||||||
2 | (1) make a report to and appear in person before or | ||||||
3 | participate with
the court or such courts, person, or | ||||||
4 | social service agency as directed
by the court in the order | ||||||
5 | of supervision;
| ||||||
6 | (2) pay a fine and costs;
| ||||||
7 | (3) work or pursue a course of study or vocational | ||||||
8 | training;
| ||||||
9 | (4) undergo medical, psychological or psychiatric | ||||||
10 | treatment; or
treatment for drug addiction or alcoholism;
| ||||||
11 | (5) attend or reside in a facility established for the | ||||||
12 | instruction
or residence of defendants on probation;
| ||||||
13 | (6) support his dependents;
| ||||||
14 | (7) refrain from possessing a firearm or other | ||||||
15 | dangerous weapon;
| ||||||
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; or
| ||||||
22 | (v) with the consent of the superintendent of the
| ||||||
23 | facility, attend an educational program at a facility | ||||||
24 | other than the school
in which the
offense was | ||||||
25 | committed if he
or she is placed on supervision for a | ||||||
26 | crime of violence as
defined in
Section 2 of the Crime |
| |||||||
| |||||||
1 | Victims Compensation Act committed in a school, on the
| ||||||
2 | real
property
comprising a school, or within 1,000 feet | ||||||
3 | of the real property comprising a
school;
| ||||||
4 | (9) make restitution or reparation in an amount not to | ||||||
5 | exceed actual
loss or damage to property and pecuniary loss | ||||||
6 | or make restitution under Section
5-5-6 to a domestic | ||||||
7 | violence shelter. The court shall
determine the amount and | ||||||
8 | conditions of payment;
| ||||||
9 | (10) perform some reasonable public or community | ||||||
10 | service;
| ||||||
11 | (11) comply with the terms and conditions of an order | ||||||
12 | of protection
issued by the court pursuant to the Illinois | ||||||
13 | Domestic Violence Act of 1986 or
an order of protection | ||||||
14 | issued by the court of another state, tribe, or United
| ||||||
15 | States territory.
If the court has ordered the defendant to | ||||||
16 | make a report and appear in
person under paragraph (1) of | ||||||
17 | this subsection, a copy of the order of
protection shall be | ||||||
18 | transmitted to the person or agency so designated
by the | ||||||
19 | court;
| ||||||
20 | (12) reimburse any "local anti-crime program" as | ||||||
21 | defined in Section 7 of
the Anti-Crime Advisory Council Act | ||||||
22 | for any reasonable expenses incurred by the
program on the | ||||||
23 | offender's case, not to exceed the maximum amount of the
| ||||||
24 | fine authorized for the offense for which the defendant was | ||||||
25 | sentenced;
| ||||||
26 | (13) contribute a reasonable sum of money, not to
|
| |||||||
| |||||||
1 | exceed the maximum amount of the fine authorized for the | ||||||
2 | offense for which
the defendant was sentenced, (i) to a | ||||||
3 | "local anti-crime program", as defined
in Section 7 of the | ||||||
4 | Anti-Crime Advisory Council Act, or (ii) for offenses under | ||||||
5 | the jurisdiction of the Department of Natural Resources, to | ||||||
6 | the fund established by the Department of Natural Resources | ||||||
7 | for the purchase of evidence for investigation purposes and | ||||||
8 | to conduct investigations as outlined in Section 805-105 of | ||||||
9 | the Department of Natural Resources (Conservation) Law;
| ||||||
10 | (14) refrain from entering into a designated | ||||||
11 | geographic area except
upon such terms as the court finds | ||||||
12 | appropriate. Such terms may include
consideration of the | ||||||
13 | purpose of the entry, the time of day, other persons
| ||||||
14 | accompanying the defendant, and advance approval by a | ||||||
15 | probation officer;
| ||||||
16 | (15) refrain from having any contact, directly or | ||||||
17 | indirectly, with
certain specified persons or particular | ||||||
18 | types of person, 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;
|
| |||||||
| |||||||
1 | (17) refrain from operating any motor vehicle not | ||||||
2 | equipped with an
ignition interlock device as defined in | ||||||
3 | Section 1-129.1 of the Illinois
Vehicle Code ; under . Under | ||||||
4 | this condition the court may allow a defendant who is not
| ||||||
5 | self-employed to operate a vehicle owned by the defendant's | ||||||
6 | employer that is
not equipped with an ignition interlock | ||||||
7 | device in the course and scope of the
defendant's | ||||||
8 | employment; and
| ||||||
9 | (18) if placed on supervision for a sex offense as | ||||||
10 | defined in subsection (a-5) of Section 3-1-2 of this Code, | ||||||
11 | unless the offender is a parent or guardian of the person | ||||||
12 | under 18 years of age present in the home and no | ||||||
13 | non-familial minors are present, not participate in a | ||||||
14 | holiday event involving
children
under 18 years of age, | ||||||
15 | such as distributing candy or other items to children on
| ||||||
16 | Halloween,
wearing a Santa Claus costume on or preceding | ||||||
17 | Christmas, being employed as a
department store Santa | ||||||
18 | Claus, or wearing an Easter Bunny costume on or
preceding
| ||||||
19 | Easter. | ||||||
20 | (d) The court shall defer entering any judgment on the | ||||||
21 | charges
until the conclusion of the supervision.
| ||||||
22 | (e) At the conclusion of the period of supervision, if the | ||||||
23 | court
determines that the defendant has successfully complied | ||||||
24 | with all of the
conditions of supervision, the court shall | ||||||
25 | discharge the defendant and
enter a judgment dismissing the | ||||||
26 | charges.
|
| |||||||
| |||||||
1 | (f) Discharge and dismissal upon a successful conclusion of | ||||||
2 | a
disposition of supervision shall be deemed without | ||||||
3 | adjudication of guilt
and shall not be termed a conviction for | ||||||
4 | purposes of disqualification or
disabilities imposed by law | ||||||
5 | upon conviction of a crime. Two years after the
discharge and | ||||||
6 | dismissal under this Section, unless the disposition of
| ||||||
7 | supervision was for a violation of Sections 3-707, 3-708, | ||||||
8 | 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | ||||||
9 | similar
provision of a local ordinance, or for a violation of | ||||||
10 | Sections 12-3.2
or 16A-3 of the Criminal Code of 1961, in which | ||||||
11 | case it shall be 5
years after discharge and dismissal, a | ||||||
12 | person may have his record
of arrest sealed or expunged as may | ||||||
13 | be provided by law. However, any
defendant placed on | ||||||
14 | supervision before January 1, 1980, may move for
sealing or | ||||||
15 | expungement of his arrest record, as provided by law, at any
| ||||||
16 | time after discharge and dismissal under this Section.
A person | ||||||
17 | placed on supervision for a sexual offense committed against a | ||||||
18 | minor
as defined in subsection (g) of Section 5 of the Criminal | ||||||
19 | Identification Act
or for a violation of Section 11-501 of the | ||||||
20 | Illinois Vehicle Code or a
similar provision of a local | ||||||
21 | ordinance
shall not have his or her record of arrest sealed or | ||||||
22 | expunged.
| ||||||
23 | (g) A defendant placed on supervision and who during the | ||||||
24 | period of
supervision undergoes mandatory drug or alcohol | ||||||
25 | testing, or both, or is
assigned to be placed on an approved | ||||||
26 | electronic monitoring device, shall be
ordered to pay the costs |
| |||||||
| |||||||
1 | incidental to such mandatory drug or alcohol
testing, or both, | ||||||
2 | and costs incidental to such approved electronic
monitoring in | ||||||
3 | accordance with the defendant's ability to pay those costs.
The | ||||||
4 | county board with the concurrence of the Chief Judge of the | ||||||
5 | judicial
circuit in which the county is located shall establish | ||||||
6 | reasonable fees for
the cost of maintenance, testing, and | ||||||
7 | incidental expenses related to the
mandatory drug or alcohol | ||||||
8 | testing, or both, and all costs incidental to
approved | ||||||
9 | electronic monitoring, of all defendants placed on | ||||||
10 | supervision.
The concurrence of the Chief Judge shall be in the | ||||||
11 | form of an
administrative order.
The fees shall be collected by | ||||||
12 | the clerk of the circuit court. The clerk of
the circuit court | ||||||
13 | shall pay all moneys collected from these fees to the county
| ||||||
14 | treasurer who shall use the moneys collected to defray the | ||||||
15 | costs of
drug testing, alcohol testing, and electronic | ||||||
16 | monitoring.
The county treasurer shall deposit the fees | ||||||
17 | collected in the
county working cash fund under Section 6-27001 | ||||||
18 | or Section 6-29002 of the
Counties Code, as the case may be.
| ||||||
19 | (h) A disposition of supervision is a final order for the | ||||||
20 | purposes
of appeal.
| ||||||
21 | (i) The court shall impose upon a defendant placed on | ||||||
22 | supervision
after January 1, 1992 or to community service under | ||||||
23 | the supervision of a
probation or court services department | ||||||
24 | after January 1, 2004, as a condition
of supervision or | ||||||
25 | supervised community service, a fee of $50 for
each month of | ||||||
26 | supervision or supervised community service ordered by the
|
| |||||||
| |||||||
1 | court, unless after
determining the inability of the person | ||||||
2 | placed on supervision or supervised
community service to pay | ||||||
3 | the
fee, the court assesses a lesser fee. The court may not | ||||||
4 | impose the fee on a
minor who is made a ward of the State under | ||||||
5 | the Juvenile Court Act of 1987
while the minor is in placement.
| ||||||
6 | The fee shall be imposed only upon a
defendant who is actively | ||||||
7 | supervised by the
probation and court services
department. The | ||||||
8 | fee shall be collected by the clerk of the circuit court.
The | ||||||
9 | clerk of the circuit court shall pay all monies collected from | ||||||
10 | this fee
to the county treasurer for deposit in the probation | ||||||
11 | and court services
fund pursuant to Section 15.1 of the | ||||||
12 | Probation and
Probation Officers Act.
| ||||||
13 | A circuit court may not impose a probation fee in excess of | ||||||
14 | $25
per month unless: (1) the circuit court has adopted, by | ||||||
15 | administrative
order issued by the chief judge, a standard | ||||||
16 | probation fee guide
determining an offender's ability to pay, | ||||||
17 | under guidelines developed by
the Administrative
Office of the | ||||||
18 | Illinois Courts; and (2) the circuit court has authorized, by
| ||||||
19 | administrative order issued by the chief judge, the creation of | ||||||
20 | a Crime
Victim's Services Fund, to be administered by the Chief | ||||||
21 | Judge or his or
her designee, for services to crime victims and | ||||||
22 | their families. Of the
amount collected as a probation fee, not | ||||||
23 | to exceed $5 of that fee
collected per month may be used to | ||||||
24 | provide services to crime victims
and their families.
| ||||||
25 | (j) All fines and costs imposed under this Section for any
| ||||||
26 | violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle |
| |||||||
| |||||||
1 | Code, or a
similar provision of a local ordinance, and any | ||||||
2 | violation of the Child
Passenger Protection Act, or a similar | ||||||
3 | provision of a local ordinance, shall
be collected and | ||||||
4 | disbursed by the circuit clerk as provided under Section
27.5 | ||||||
5 | of the Clerks of Courts Act.
| ||||||
6 | (k) A defendant at least 17 years of age who is placed on | ||||||
7 | supervision
for a misdemeanor in a county of 3,000,000 or more | ||||||
8 | inhabitants
and who has not been previously convicted of a | ||||||
9 | misdemeanor or felony
may as a condition of his or her | ||||||
10 | supervision be required by the court to
attend educational | ||||||
11 | courses designed to prepare the defendant for a high school
| ||||||
12 | diploma and to work toward a high school diploma or to work | ||||||
13 | toward passing the
high school level Test of General | ||||||
14 | Educational Development (GED) or to work
toward completing a | ||||||
15 | vocational training program approved by the court. The
| ||||||
16 | defendant placed on supervision must attend a public | ||||||
17 | institution of education
to obtain the educational or | ||||||
18 | vocational training required by this subsection
(k). The | ||||||
19 | defendant placed on supervision shall be required to pay for | ||||||
20 | the cost
of the educational courses or GED test, if a fee is | ||||||
21 | charged for those courses
or test. The court shall revoke the | ||||||
22 | supervision of a person who wilfully fails
to comply with this | ||||||
23 | subsection (k). The court shall resentence the defendant
upon | ||||||
24 | revocation of supervision as provided in Section 5-6-4. This | ||||||
25 | subsection
(k) does not apply to a defendant who has a high | ||||||
26 | school diploma or has
successfully passed the GED test. This |
| |||||||
| |||||||
1 | subsection (k) does not apply to a
defendant who is determined | ||||||
2 | by the court to be developmentally disabled or
otherwise | ||||||
3 | mentally incapable of completing the
educational or vocational | ||||||
4 | program.
| ||||||
5 | (l) The court shall require a defendant placed on | ||||||
6 | supervision for
possession of a substance
prohibited by the | ||||||
7 | Cannabis Control Act, the Illinois Controlled Substances Act, | ||||||
8 | or the Methamphetamine Control and Community Protection Act
| ||||||
9 | after a previous conviction or disposition of supervision for | ||||||
10 | possession of a
substance prohibited by the Cannabis Control | ||||||
11 | Act, the Illinois Controlled
Substances Act, or the | ||||||
12 | Methamphetamine Control and Community Protection Act or a | ||||||
13 | sentence of probation under Section 10 of the Cannabis
Control | ||||||
14 | Act or Section 410 of the Illinois Controlled Substances Act
| ||||||
15 | and after a finding by the court that the person is addicted, | ||||||
16 | to undergo
treatment at a substance abuse program approved by | ||||||
17 | the court.
| ||||||
18 | (m) The Secretary of State shall require anyone placed on | ||||||
19 | court supervision
for a
violation of Section 3-707 of the | ||||||
20 | Illinois Vehicle Code or a similar provision
of a local | ||||||
21 | ordinance
to give proof of his or her financial
responsibility | ||||||
22 | as
defined in Section 7-315 of the Illinois Vehicle Code. The | ||||||
23 | proof shall be
maintained by the individual in a manner | ||||||
24 | satisfactory to the Secretary of State
for
a
minimum period of | ||||||
25 | 3 years after the date the proof is first filed.
The proof | ||||||
26 | shall be limited to a single action per arrest and may not be
|
| |||||||
| |||||||
1 | affected by any post-sentence disposition. The Secretary of | ||||||
2 | State shall
suspend the driver's license of any person
| ||||||
3 | determined by the Secretary to be in violation of this | ||||||
4 | subsection. | ||||||
5 | (n) Any offender placed on supervision for any offense that | ||||||
6 | the court or probation department has determined to be sexually | ||||||
7 | motivated as defined in the Sex Offender Management Board Act | ||||||
8 | shall be required to refrain from any contact, directly or | ||||||
9 | indirectly, with any persons specified by the court and shall | ||||||
10 | be available for all evaluations and treatment programs | ||||||
11 | required by the court or the probation department.
| ||||||
12 | (o) An offender placed on supervision for a sex offense as | ||||||
13 | defined in the Sex Offender
Management Board Act shall refrain | ||||||
14 | from residing at the same address or in the same condominium | ||||||
15 | unit or apartment unit or in the same condominium complex or | ||||||
16 | apartment complex with another person he or she knows or | ||||||
17 | reasonably should know is a convicted sex offender or has been | ||||||
18 | placed on supervision for a sex offense. The provisions of this | ||||||
19 | subsection (o) do not apply to a person convicted of a sex | ||||||
20 | offense who is placed in a Department of Corrections licensed | ||||||
21 | transitional housing facility for sex offenders. | ||||||
22 | (p) An offender placed on supervision for an offense | ||||||
23 | committed on or after June 1, 2008
( the effective date of | ||||||
24 | Public Act 95-464)
this amendatory Act of the 95th General | ||||||
25 | Assembly that would qualify the accused as a child sex offender | ||||||
26 | as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of |
| |||||||
| |||||||
1 | 1961 shall refrain from communicating with or contacting, by | ||||||
2 | means of the Internet, a person who is not related to the | ||||||
3 | accused and whom the accused reasonably believes to be under 18 | ||||||
4 | years of age. For purposes of this subsection (p), "Internet" | ||||||
5 | has the meaning ascribed to it in Section 16J-5 of the Criminal | ||||||
6 | Code of 1961 , as added by Public Act 94-179 ; and a person is | ||||||
7 | not related to the accused if the person is not: (i) the | ||||||
8 | spouse, brother, or sister of the accused; (ii) a descendant of | ||||||
9 | the accused; (iii) a first or second cousin of the accused; or | ||||||
10 | (iv) a step-child or adopted child of the accused.
| ||||||
11 | (q) An offender placed on supervision for an offense | ||||||
12 | committed on or after June 1, 2008
( the effective date of | ||||||
13 | Public Act 95-464)
this amendatory Act of the 95th General | ||||||
14 | Assembly that would qualify the accused as a child sex offender | ||||||
15 | as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
16 | 1961 shall, if so ordered by the court, refrain from | ||||||
17 | communicating with or contacting, by means of the Internet, a | ||||||
18 | person who is related to the accused and whom the accused | ||||||
19 | reasonably believes to be under 18 years of age. For purposes | ||||||
20 | of this subsection (q), "Internet" has the meaning ascribed to | ||||||
21 | it in Section 16J-5 of the Criminal Code of 1961 , as added by | ||||||
22 | Public Act 94-179 ; and a person is related to the accused if | ||||||
23 | the person is: (i) the spouse, brother, or sister of the | ||||||
24 | accused; (ii) a descendant of the accused; (iii) a first or | ||||||
25 | second cousin of the accused; or (iv) a step-child or adopted | ||||||
26 | child of the accused.
|
| |||||||
| |||||||
1 | (r) An offender placed on supervision for an offense under | ||||||
2 | Section 11-6, 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of | ||||||
3 | the Criminal Code of 1961, or any attempt to commit any of | ||||||
4 | these offenses, committed on or after the effective date of | ||||||
5 | this amendatory Act of the 95th General Assembly shall: | ||||||
6 | (i) not access or use a computer or any other device | ||||||
7 | with Internet capability without the prior written | ||||||
8 | approval of the court, except in connection with the | ||||||
9 | offender's employment or search for employment with the | ||||||
10 | prior approval of the court; | ||||||
11 | (ii) submit to periodic unannounced examinations of | ||||||
12 | the offender's computer or any other device with Internet | ||||||
13 | capability by the offender's probation officer, a law | ||||||
14 | enforcement officer, or assigned computer or information | ||||||
15 | technology specialist, including the retrieval and copying | ||||||
16 | of all data from the computer or device and any internal or | ||||||
17 | external peripherals and removal of such information, | ||||||
18 | equipment, or device to conduct a more thorough inspection; | ||||||
19 | (iii) submit to the installation on the offender's | ||||||
20 | computer or device with Internet capability, at the | ||||||
21 | offender's expense, of one or more hardware or software | ||||||
22 | systems to monitor the Internet use; and | ||||||
23 | (iv) submit to any other appropriate restrictions | ||||||
24 | concerning the offender's use of or access to a computer or | ||||||
25 | any other device with Internet capability imposed by the | ||||||
26 | court. |
| |||||||
| |||||||
1 | (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | ||||||
2 | 94-556, eff. 9-11-05; 95-211, eff. 1-1-08; 95-331, eff. | ||||||
3 | 8-21-07; 95-464, eff. 6-1-08; 95-696, eff. 6-1-08; revised | ||||||
4 | 11-19-07.)
| ||||||
5 | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| ||||||
6 | Sec. 5-8-1. Sentence of Imprisonment for Felony.
| ||||||
7 | (a) Except as otherwise provided in the statute defining | ||||||
8 | the offense, a
sentence of imprisonment for a felony shall be a | ||||||
9 | determinate sentence set by
the court under this Section, | ||||||
10 | according to the following limitations:
| ||||||
11 | (1) for first degree murder,
| ||||||
12 | (a) a term shall be not less than 20 years
and not | ||||||
13 | more than 60 years, or
| ||||||
14 | (b) if a trier of fact finds beyond a reasonable
| ||||||
15 | doubt that the murder was accompanied by exceptionally
| ||||||
16 | brutal or heinous behavior indicative of wanton | ||||||
17 | cruelty or, except as set forth
in subsection (a)(1)(c) | ||||||
18 | of this Section, that any of the aggravating factors
| ||||||
19 | listed in subsection (b) of Section 9-1 of the Criminal | ||||||
20 | Code of 1961 are
present, the court may sentence the | ||||||
21 | defendant to a term of natural life
imprisonment, or
| ||||||
22 | (c) the court shall sentence the defendant to a | ||||||
23 | term of natural life
imprisonment when the death | ||||||
24 | penalty is not imposed if the defendant,
| ||||||
25 | (i) has previously been convicted of first |
| |||||||
| |||||||
1 | degree murder under
any state or federal law, or
| ||||||
2 | (ii) is a person who, at the time of the | ||||||
3 | commission of the murder,
had attained the age of | ||||||
4 | 17 or more and is found guilty of murdering an
| ||||||
5 | individual under 12 years of age; or, irrespective | ||||||
6 | of the defendant's age at
the time of the | ||||||
7 | commission of the offense, is found guilty of | ||||||
8 | murdering more
than one victim, or
| ||||||
9 | (iii) is found guilty of murdering a peace | ||||||
10 | officer, fireman, or emergency management worker | ||||||
11 | when
the peace officer, fireman, or emergency | ||||||
12 | management worker was killed in the course of | ||||||
13 | performing his
official duties, or to prevent the | ||||||
14 | peace officer or fireman from
performing his | ||||||
15 | official duties, or in retaliation for the peace | ||||||
16 | officer,
fireman, or emergency management worker | ||||||
17 | from performing his official duties, and the | ||||||
18 | defendant knew or should
have known that the | ||||||
19 | murdered individual was a peace officer, fireman, | ||||||
20 | or emergency management worker, or
| ||||||
21 | (iv) is found guilty of murdering an employee | ||||||
22 | of an institution or
facility of the Department of | ||||||
23 | Corrections, or any similar local
correctional | ||||||
24 | agency, when the employee was killed in the course | ||||||
25 | of
performing his official duties, or to prevent | ||||||
26 | the employee from performing
his official duties, |
| |||||||
| |||||||
1 | or in retaliation for the employee performing his
| ||||||
2 | official duties, or
| ||||||
3 | (v) is found guilty of murdering an emergency | ||||||
4 | medical
technician - ambulance, emergency medical | ||||||
5 | technician - intermediate, emergency
medical | ||||||
6 | technician - paramedic, ambulance driver or other | ||||||
7 | medical assistance or
first aid person while | ||||||
8 | employed by a municipality or other governmental | ||||||
9 | unit
when the person was killed in the course of | ||||||
10 | performing official duties or
to prevent the | ||||||
11 | person from performing official duties or in | ||||||
12 | retaliation
for performing official duties and the | ||||||
13 | defendant knew or should have known
that the | ||||||
14 | murdered individual was an emergency medical | ||||||
15 | technician - ambulance,
emergency medical | ||||||
16 | technician - intermediate, emergency medical
| ||||||
17 | technician - paramedic, ambulance driver, or other | ||||||
18 | medical
assistant or first aid personnel, or
| ||||||
19 | (vi) is a person who, at the time of the | ||||||
20 | commission of the murder,
had not attained the age | ||||||
21 | of 17, and is found guilty of murdering a person | ||||||
22 | under
12 years of age and the murder is committed | ||||||
23 | during the course of aggravated
criminal sexual | ||||||
24 | assault, criminal sexual assault, or aggravated | ||||||
25 | kidnaping,
or
| ||||||
26 | (vii) is found guilty of first degree murder |
| |||||||
| |||||||
1 | and the murder was
committed by reason of any | ||||||
2 | person's activity as a community policing | ||||||
3 | volunteer
or to prevent any person from engaging in | ||||||
4 | activity as a community policing
volunteer. For | ||||||
5 | the purpose of this Section, "community policing | ||||||
6 | volunteer"
has the meaning ascribed to it in | ||||||
7 | Section 2-3.5 of the Criminal Code of 1961.
| ||||||
8 | For purposes of clause (v), "emergency medical | ||||||
9 | technician - ambulance",
"emergency medical technician - | ||||||
10 | intermediate", "emergency medical technician -
| ||||||
11 | paramedic", have the meanings ascribed to them in the | ||||||
12 | Emergency Medical
Services (EMS) Systems Act.
| ||||||
13 | (d) (i) if the person committed the offense while | ||||||
14 | armed with a
firearm, 15 years shall be added to | ||||||
15 | the term of imprisonment imposed by the
court;
| ||||||
16 | (ii) if, during the commission of the offense, | ||||||
17 | the person
personally discharged a firearm, 20 | ||||||
18 | years shall be added to the term of
imprisonment | ||||||
19 | imposed by the court;
| ||||||
20 | (iii) if, during the commission of the | ||||||
21 | offense, the person
personally discharged a | ||||||
22 | firearm that proximately caused great bodily harm,
| ||||||
23 | permanent disability, permanent disfigurement, or | ||||||
24 | death to another person, 25
years or up to a term | ||||||
25 | of natural life shall be added to the term of
| ||||||
26 | imprisonment imposed by the court.
|
| |||||||
| |||||||
1 | (1.5) for second degree murder, a term shall be not | ||||||
2 | less than 4 years
and not more than 20 years;
| ||||||
3 | (2) for a person adjudged a habitual criminal under | ||||||
4 | Article 33B of
the Criminal Code of 1961, as amended, the | ||||||
5 | sentence shall be a term of
natural life imprisonment;
| ||||||
6 | (2.5) for a person convicted under the circumstances | ||||||
7 | described in
paragraph (3) of subsection (b) of Section | ||||||
8 | 12-13, paragraph (2) of subsection
(d) of Section 12-14, | ||||||
9 | paragraph (1.2) of subsection (b) of
Section 12-14.1, or | ||||||
10 | paragraph (2) of subsection (b) of Section 12-14.1
of the | ||||||
11 | Criminal Code of 1961, the sentence shall be a term of | ||||||
12 | natural life
imprisonment;
| ||||||
13 | (3) except as otherwise provided in the statute | ||||||
14 | defining the
offense, for a Class X felony, the sentence | ||||||
15 | shall be not less than 6
years and not more than 30 years;
| ||||||
16 | (4) for a Class 1 felony, other than second degree | ||||||
17 | murder, the sentence
shall be not less than 4 years and not | ||||||
18 | more than 15 years;
| ||||||
19 | (5) for a Class 2 felony, the sentence shall be not | ||||||
20 | less than 3
years and not more than 7 years;
| ||||||
21 | (6) for a Class 3 felony, the sentence shall be not | ||||||
22 | less than 2
years and not more than 5 years;
| ||||||
23 | (7) for a Class 4 felony, the sentence shall be not | ||||||
24 | less than 1 year
and not more than 3 years.
| ||||||
25 | (b) The sentencing judge in each felony conviction shall | ||||||
26 | set forth
his reasons for imposing the particular sentence he |
| |||||||
| |||||||
1 | enters in the case,
as provided in Section 5-4-1 of this Code. | ||||||
2 | Those reasons may include
any mitigating or aggravating factors | ||||||
3 | specified in this Code, or the
lack of any such circumstances, | ||||||
4 | as well as any other such factors as the
judge shall set forth | ||||||
5 | on the record that are consistent with the
purposes and | ||||||
6 | principles of sentencing set out in this Code.
| ||||||
7 | (c) A motion to reduce a sentence may be made, or the court | ||||||
8 | may reduce
a sentence without motion, within 30 days after the | ||||||
9 | sentence is imposed.
A defendant's challenge to the correctness | ||||||
10 | of a sentence or to any aspect of
the sentencing hearing shall | ||||||
11 | be made by a written motion filed within 30 days
following the | ||||||
12 | imposition of sentence. However, the court may not increase a
| ||||||
13 | sentence once it is imposed.
| ||||||
14 | If a motion filed pursuant to this subsection is timely | ||||||
15 | filed within 30 days
after the sentence is imposed, the | ||||||
16 | proponent of the motion shall exercise due
diligence in seeking | ||||||
17 | a determination on the motion and the court shall
thereafter | ||||||
18 | decide such motion within a reasonable time.
| ||||||
19 | If a motion filed pursuant to this subsection is timely | ||||||
20 | filed within 30 days
after the sentence is imposed, then for | ||||||
21 | purposes of perfecting an appeal, a
final judgment shall not be | ||||||
22 | considered to have been entered until the motion to
reduce a | ||||||
23 | sentence has been decided by order entered by the trial court.
| ||||||
24 | A motion filed pursuant to this subsection shall not be | ||||||
25 | considered to have
been timely
filed unless it is filed with | ||||||
26 | the circuit court clerk within 30 days after
the sentence is |
| |||||||
| |||||||
1 | imposed together with a notice of motion, which notice of
| ||||||
2 | motion shall set the motion on the court's calendar on a date | ||||||
3 | certain within
a reasonable time after the date of filing.
| ||||||
4 | (d) Except where a term of natural life is imposed, every | ||||||
5 | sentence
shall include as though written therein a term in | ||||||
6 | addition to the term
of imprisonment. For those sentenced under | ||||||
7 | the law in effect prior to
February 1, 1978, such term shall be | ||||||
8 | identified as a parole
term. For those sentenced on or after | ||||||
9 | February 1, 1978, such term
shall be identified as a mandatory | ||||||
10 | supervised release term. Subject to
earlier termination under | ||||||
11 | Section 3-3-8, the parole or mandatory
supervised release term | ||||||
12 | shall be as follows:
| ||||||
13 | (1) for first degree murder or a Class X felony except | ||||||
14 | for the offenses of predatory criminal sexual assault of a | ||||||
15 | child, aggravated criminal sexual assault, and criminal | ||||||
16 | sexual assault if committed on or after the effective date | ||||||
17 | of this amendatory Act of the 94th General Assembly and | ||||||
18 | except for the offense of aggravated child pornography | ||||||
19 | under Section 11-20.3 of the Criminal Code of 1961, if | ||||||
20 | committed on or after January 1, 2009 , 3 years;
| ||||||
21 | (2) for a Class 1 felony or a Class 2 felony except for | ||||||
22 | the offense of criminal sexual assault if committed on or | ||||||
23 | after the effective date of this amendatory Act of the 94th | ||||||
24 | General Assembly and except for the offenses of manufacture | ||||||
25 | and dissemination of child pornography under clauses | ||||||
26 | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code |
| |||||||
| |||||||
1 | of 1961, if committed on or after January 1, 2009 , 2 years;
| ||||||
2 | (3) for a Class 3 felony or a Class 4 felony, 1 year;
| ||||||
3 | (4) for defendants who commit the offense of predatory | ||||||
4 | criminal sexual assault of a child, aggravated criminal | ||||||
5 | sexual assault, or criminal sexual assault, on or after the | ||||||
6 | effective date of this amendatory Act of the 94th General | ||||||
7 | Assembly , or who commit the offense of aggravated child | ||||||
8 | pornography, manufacture of child pornography, or | ||||||
9 | dissemination of child pornography after January 1, 2009 , | ||||||
10 | the term of mandatory supervised release shall range from a | ||||||
11 | minimum of 3 years to a maximum of the natural life of the | ||||||
12 | defendant;
| ||||||
13 | (5) if the victim is under 18 years of age, for a | ||||||
14 | second or subsequent
offense of aggravated criminal sexual | ||||||
15 | abuse or felony criminal sexual abuse,
4 years, at least | ||||||
16 | the first 2 years of which the defendant shall serve in an
| ||||||
17 | electronic home detention program under Article 8A of | ||||||
18 | Chapter V of this Code.
| ||||||
19 | (e) A defendant who has a previous and unexpired sentence | ||||||
20 | of
imprisonment imposed by another state or by any district | ||||||
21 | court of the
United States and who, after sentence for a
crime | ||||||
22 | in Illinois, must return to serve the unexpired prior sentence | ||||||
23 | may
have his sentence by the Illinois court ordered to be | ||||||
24 | concurrent with
the prior sentence in the other state. The | ||||||
25 | court may order that any time
served on the unexpired portion | ||||||
26 | of the sentence in the other state,
prior to his return to |
| |||||||
| |||||||
1 | Illinois, shall be credited on his Illinois
sentence. The other | ||||||
2 | state shall be furnished with a copy of the order
imposing | ||||||
3 | sentence which shall provide that, when the offender is
| ||||||
4 | released from confinement of the other state, whether by parole | ||||||
5 | or by
termination of sentence, the offender shall be | ||||||
6 | transferred by the
Sheriff of the committing county to the | ||||||
7 | Illinois Department of
Corrections. The court shall cause the | ||||||
8 | Department of Corrections to be
notified of such sentence at | ||||||
9 | the time of commitment and to be provided
with copies of all | ||||||
10 | records regarding the sentence.
| ||||||
11 | (f) A defendant who has a previous and unexpired sentence | ||||||
12 | of imprisonment
imposed by an Illinois circuit court for a | ||||||
13 | crime in this State and who is
subsequently sentenced to a term | ||||||
14 | of imprisonment by another state or by
any district court of | ||||||
15 | the United States and who has served a term of
imprisonment | ||||||
16 | imposed by the other state or district court of the United
| ||||||
17 | States, and must return to serve the unexpired prior sentence | ||||||
18 | imposed by
the Illinois Circuit Court may apply to the court | ||||||
19 | which imposed sentence to
have his sentence reduced.
| ||||||
20 | The circuit court may order that any time served on the | ||||||
21 | sentence imposed
by the other state or district court of the | ||||||
22 | United States be credited on
his Illinois sentence. Such | ||||||
23 | application for reduction of a sentence under
this subsection | ||||||
24 | (f) shall be made within 30 days after the defendant has
| ||||||
25 | completed the sentence imposed by the other state or district | ||||||
26 | court of the
United States.
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1 | (Source: P.A. 94-165, eff. 7-11-05; 94-243, eff. 1-1-06; | ||||||
2 | 94-715, eff. 12-13-05.)
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3 | Section 999. Effective date. Sections 1, 5, 10, 15, 20, and | ||||||
4 | this Section take effect upon becoming law. |