96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0327

 

Introduced 1/27/2009, by Rep. Jack D. Franks

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-3-7   from Ch. 38, par. 1003-3-7
730 ILCS 5/5-6-3   from Ch. 38, par. 1005-6-3

    Amends the Unified Code of Corrections. Provides that a person convicted of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse, when the victim of any of these offenses was under 18 years of age at the time of the commission of the offense, and the defendant used force or the threat of force in the commission of the offense shall, as a condition of parole, mandatory supervised release, or probation (if probation is available for such offense) wear an approved electronic monitoring device that has Global Positioning System (GPS) capability for the duration of the defendant's natural life.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Unified Code of Corrections is amended by
5 changing Sections 3-3-7 and 5-6-3 as follows:
 
6     (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
7     (Text of Section after amendment by P.A. 95-983)
8     Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
9 Release.
10     (a) The conditions of parole or mandatory supervised
11 release shall be such as the Prisoner Review Board deems
12 necessary to assist the subject in leading a law-abiding life.
13 The conditions of every parole and mandatory supervised release
14 are that the subject:
15         (1) not violate any criminal statute of any
16     jurisdiction during the parole or release term;
17         (2) refrain from possessing a firearm or other
18     dangerous weapon;
19         (3) report to an agent of the Department of
20     Corrections;
21         (4) permit the agent to visit him or her at his or her
22     home, employment, or elsewhere to the extent necessary for
23     the agent to discharge his or her duties;

 

 

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1         (5) attend or reside in a facility established for the
2     instruction or residence of persons on parole or mandatory
3     supervised release;
4         (6) secure permission before visiting or writing a
5     committed person in an Illinois Department of Corrections
6     facility;
7         (7) report all arrests to an agent of the Department of
8     Corrections as soon as permitted by the arresting authority
9     but in no event later than 24 hours after release from
10     custody;
11         (7.5) if convicted of a sex offense as defined in the
12     Sex Offender Management Board Act, the individual shall
13     undergo and successfully complete sex offender treatment
14     conducted in conformance with the standards developed by
15     the Sex Offender Management Board Act by a treatment
16     provider approved by the Board;
17         (7.6) if convicted of a sex offense as defined in the
18     Sex Offender Management Board Act, refrain from residing at
19     the same address or in the same condominium unit or
20     apartment unit or in the same condominium complex or
21     apartment complex with another person he or she knows or
22     reasonably should know is a convicted sex offender or has
23     been placed on supervision for a sex offense; the
24     provisions of this paragraph do not apply to a person
25     convicted of a sex offense who is placed in a Department of
26     Corrections licensed transitional housing facility for sex

 

 

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1     offenders, or is in any facility operated or licensed by
2     the Department of Children and Family Services or by the
3     Department of Human Services, or is in any licensed medical
4     facility;
5         (7.7) if convicted for an offense that would qualify
6     the accused as a sexual predator under the Sex Offender
7     Registration Act on or after the effective date of this
8     amendatory Act of the 94th General Assembly, wear an
9     approved electronic monitoring device as defined in
10     Section 5-8A-2 for the duration of the person's parole,
11     mandatory supervised release term, or extended mandatory
12     supervised release term;
13         (7.8) if convicted for an offense committed on or after
14     the effective date of this amendatory Act of the 95th
15     General Assembly that would qualify the accused as a child
16     sex offender as defined in Section 11-9.3 or 11-9.4 of the
17     Criminal Code of 1961, refrain from communicating with or
18     contacting, by means of the Internet, a person who is not
19     related to the accused and whom the accused reasonably
20     believes to be under 18 years of age; for purposes of this
21     paragraph (7.8), "Internet" has the meaning ascribed to it
22     in Section 16J-5 of the Criminal Code of 1961; and a person
23     is not related to the accused if the person is not: (i) the
24     spouse, brother, or sister of the accused; (ii) a
25     descendant of the accused; (iii) a first or second cousin
26     of the accused; or (iv) a step-child or adopted child of

 

 

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

 

 

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1         agent, a law enforcement officer, or assigned computer
2         or information technology specialist, including the
3         retrieval and copying of all data from the computer or
4         device and any internal or external peripherals and
5         removal of such information, equipment, or device to
6         conduct a more thorough inspection;
7             (iii) submit to the installation on the offender's
8         computer or device with Internet capability, at the
9         offender's expense, of one or more hardware or software
10         systems to monitor the Internet use; and
11             (iv) submit to any other appropriate restrictions
12         concerning the offender's use of or access to a
13         computer or any other device with Internet capability
14         imposed by the Board, the Department or the offender's
15         supervising agent;
16         (7.12) if convicted of any of the following offenses
17     committed on or after the effective date of this amendatory
18     Act of the 96th General Assembly when the victim was under
19     18 years of age at the time of the commission of the
20     offense and the defendant used force or the threat of force
21     in the commission of the offense: criminal sexual assault,
22     aggravated criminal sexual assault, predatory criminal
23     sexual assault of a child, criminal sexual abuse, or
24     aggravated criminal sexual abuse, wear an approved
25     electronic monitoring device as defined in Section 5-8A-2
26     that has Global Positioning System (GPS) capability for the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1 supervised release is to be served shall be communicated to the
2 person in writing prior to his release, and he shall sign the
3 same before release. A signed copy of these conditions,
4 including a copy of an order of protection where one had been
5 issued by the criminal court, shall be retained by the person
6 and another copy forwarded to the officer in charge of his
7 supervision.
8     (d) After a hearing under Section 3-3-9, the Prisoner
9 Review Board may modify or enlarge the conditions of parole or
10 mandatory supervised release.
11     (e) The Department shall inform all offenders committed to
12 the Department of the optional services available to them upon
13 release and shall assist inmates in availing themselves of such
14 optional services upon their release on a voluntary basis.
15     (f) When the subject is in compliance with all conditions
16 of his or her parole or mandatory supervised release, the
17 subject shall receive a reduction of the period of his or her
18 parole or mandatory supervised release of 90 days upon passage
19 of the high school level Test of General Educational
20 Development during the period of his or her parole or mandatory
21 supervised release. This reduction in the period of a subject's
22 term of parole or mandatory supervised release shall be
23 available only to subjects who have not previously earned a
24 high school diploma or who have not previously passed the high
25 school level Test of General Educational Development.
26 (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05;

 

 

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1 94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08;
2 95-579, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09;
3 95-876, eff. 8-21-08; 95-983, eff. 6-1-09; revised 10-20-08.)
 
4     (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
5     (Text of Section after amendment by P.A. 95-983)
6     Sec. 5-6-3. Conditions of Probation and of Conditional
7 Discharge.
8     (a) The conditions of probation and of conditional
9 discharge shall be that the person:
10         (1) not violate any criminal statute of any
11     jurisdiction;
12         (2) report to or appear in person before such person or
13     agency as directed by the court;
14         (3) refrain from possessing a firearm or other
15     dangerous weapon;
16         (4) not leave the State without the consent of the
17     court or, in circumstances in which the reason for the
18     absence is of such an emergency nature that prior consent
19     by the court is not possible, without the prior
20     notification and approval of the person's probation
21     officer. Transfer of a person's probation or conditional
22     discharge supervision to another state is subject to
23     acceptance by the other state pursuant to the Interstate
24     Compact for Adult Offender Supervision;
25         (5) permit the probation officer to visit him at his

 

 

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

 

 

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

 

 

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1     Controlled Substances Act or after a sentence of probation
2     under Section 10 of the Cannabis Control Act, Section 410
3     of the Illinois Controlled Substances Act, or Section 70 of
4     the Methamphetamine Control and Community Protection Act
5     and upon a finding by the court that the person is
6     addicted, undergo treatment at a substance abuse program
7     approved by the court;
8         (8.5) if convicted of a felony sex offense as defined
9     in the Sex Offender Management Board Act, the person shall
10     undergo and successfully complete sex offender treatment
11     by a treatment provider approved by the Board and conducted
12     in conformance with the standards developed under the Sex
13     Offender Management Board Act;
14         (8.6) if convicted of a sex offense as defined in the
15     Sex Offender Management Board Act, refrain from residing at
16     the same address or in the same condominium unit or
17     apartment unit or in the same condominium complex or
18     apartment complex with another person he or she knows or
19     reasonably should know is a convicted sex offender or has
20     been placed on supervision for a sex offense; the
21     provisions of this paragraph do not apply to a person
22     convicted of a sex offense who is placed in a Department of
23     Corrections licensed transitional housing facility for sex
24     offenders;
25         (8.7) if convicted for an offense committed on or after
26     June 1, 2008 (the effective date of Public Act 95-464) this

 

 

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1     amendatory Act of the 95th General Assembly that would
2     qualify the accused as a child sex offender as defined in
3     Section 11-9.3 or 11-9.4 of the Criminal Code of 1961,
4     refrain from communicating with or contacting, by means of
5     the Internet, a person who is not related to the accused
6     and whom the accused reasonably believes to be under 18
7     years of age; for purposes of this paragraph (8.7),
8     "Internet" has the meaning ascribed to it in Section 16J-5
9     of the Criminal Code of 1961; and a person is not related
10     to the accused if the person is not: (i) the spouse,
11     brother, or sister of the accused; (ii) a descendant of the
12     accused; (iii) a first or second cousin of the accused; or
13     (iv) a step-child or adopted child of the accused;
14         (8.8) if convicted for an offense under Section 11-6,
15     11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal
16     Code of 1961, or any attempt to commit any of these
17     offenses, committed on or after June 1, 2009 (the effective
18     date of Public Act 95-983) this amendatory Act of the 95th
19     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

 

 

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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         (8.9) if convicted of any of the following offenses
19     committed on or after the effective date of this amendatory
20     Act of the 96th General Assembly when the victim was under
21     18 years of age at the time of the commission of the
22     offense and the defendant used force or the threat of force
23     in the commission of the offense: criminal sexual abuse or
24     aggravated criminal sexual abuse, wear an approved
25     electronic monitoring device as defined in Section 5-8A-2
26     that has Global Positioning System (GPS) capability for the

 

 

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1     duration of the defendant's natural life;
2         (9) if convicted of a felony, physically surrender at a
3     time and place designated by the court, his or her Firearm
4     Owner's Identification Card and any and all firearms in his
5     or her possession; and
6         (10) if convicted of a sex offense as defined in
7     subsection (a-5) of Section 3-1-2 of this Code, unless the
8     offender is a parent or guardian of the person under 18
9     years of age present in the home and no non-familial minors
10     are present, not participate in a holiday event involving
11     children under 18 years of age, such as distributing candy
12     or other items to children on Halloween, wearing a Santa
13     Claus costume on or preceding Christmas, being employed as
14     a department store Santa Claus, or wearing an Easter Bunny
15     costume on or preceding Easter.
16     (b) The Court may in addition to other reasonable
17 conditions relating to the nature of the offense or the
18 rehabilitation of the defendant as determined for each
19 defendant in the proper discretion of the Court require that
20 the person:
21         (1) serve a term of periodic imprisonment under Article
22     7 for a period not to exceed that specified in paragraph
23     (d) of Section 5-7-1;
24         (2) pay a fine and costs;
25         (3) work or pursue a course of study or vocational
26     training;

 

 

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1         (4) undergo medical, psychological or psychiatric
2     treatment; or treatment for drug addiction or alcoholism;
3         (5) attend or reside in a facility established for the
4     instruction or residence of defendants on probation;
5         (6) support his dependents;
6         (7) and in addition, if a minor:
7             (i) reside with his parents or in a foster home;
8             (ii) attend school;
9             (iii) attend a non-residential program for youth;
10             (iv) contribute to his own support at home or in a
11         foster home;
12             (v) with the consent of the superintendent of the
13         facility, attend an educational program at a facility
14         other than the school in which the offense was
15         committed if he or she is convicted of a crime of
16         violence as defined in Section 2 of the Crime Victims
17         Compensation Act committed in a school, on the real
18         property comprising a school, or within 1,000 feet of
19         the real property comprising a school;
20         (8) make restitution as provided in Section 5-5-6 of
21     this Code;
22         (9) perform some reasonable public or community
23     service;
24         (10) serve a term of home confinement. In addition to
25     any other applicable condition of probation or conditional
26     discharge, the conditions of home confinement shall be that

 

 

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

 

 

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1         treasurer for deposit in the substance abuse services
2         fund under Section 5-1086.1 of the Counties Code; and
3             (v) for persons convicted of offenses other than
4         those referenced in clause (iv) above and 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 defendant 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 who shall use the monies collected to defray
18         the costs of corrections. The county treasurer shall
19         deposit the fee collected in the county working cash
20         fund under Section 6-27001 or Section 6-29002 of the
21         Counties Code, as the case may be.
22         (11) comply with the terms and conditions of an order
23     of protection issued by the court pursuant to the Illinois
24     Domestic Violence Act of 1986, as now or hereafter amended,
25     or an order of protection issued by the court of another
26     state, tribe, or United States territory. A copy of the

 

 

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

 

 

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1         (15) refrain from having any contact, directly or
2     indirectly, with certain specified persons or particular
3     types of persons, including but not limited to members of
4     street gangs and drug users or dealers;
5         (16) refrain from having in his or her body the
6     presence of any illicit drug prohibited by the Cannabis
7     Control Act, the Illinois Controlled Substances Act, or the
8     Methamphetamine Control and Community Protection Act,
9     unless prescribed by a physician, and submit samples of his
10     or her blood or urine or both for tests to determine the
11     presence of any illicit drug;
12         (17) if convicted for an offense committed on or after
13     June 1, 2008 (the effective date of Public Act 95-464) this
14     amendatory Act of the 95th General Assembly that would
15     qualify the accused as a child sex offender as defined in
16     Section 11-9.3 or 11-9.4 of the Criminal Code of 1961,
17     refrain from communicating with or contacting, by means of
18     the Internet, a person who is related to the accused and
19     whom the accused reasonably believes to be under 18 years
20     of age; for purposes of this paragraph (17), "Internet" has
21     the meaning ascribed to it in Section 16J-5 of the Criminal
22     Code of 1961; and a person is related to the accused if the
23     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
26     adopted child of the accused; and

 

 

HB0327 - 26 - LRB096 03069 RLC 13084 b

1         (18) if convicted for an offense committed on or after
2     June 1, 2009 (the effective date of Public Act 95-983) this
3     amendatory Act of the 95th General Assembly that would
4     qualify as a sex offense as defined in the Sex Offender
5     Registration Act:
6             (i) not access or use a computer or any other
7         device with Internet capability without the prior
8         written approval of the offender's probation officer,
9         except in connection with the offender's employment or
10         search for employment with the prior approval of the
11         offender's probation officer;
12             (ii) submit to periodic unannounced examinations
13         of the offender's computer or any other device with
14         Internet capability by the offender's probation
15         officer, a law enforcement officer, or assigned
16         computer or information technology specialist,
17         including the retrieval and copying of all data from
18         the computer or device and any internal or external
19         peripherals and removal of such information,
20         equipment, or device to conduct a more thorough
21         inspection;
22             (iii) submit to the installation on the offender's
23         computer or device with Internet capability, at the
24         subject's expense, of one or more hardware or software
25         systems to monitor the Internet use; and
26             (iv) submit to any other appropriate restrictions

 

 

HB0327 - 27 - LRB096 03069 RLC 13084 b

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

 

 

HB0327 - 28 - LRB096 03069 RLC 13084 b

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

 

 

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1 working cash fund under Section 6-27001 or Section 6-29002 of
2 the Counties Code, as the case may be.
3     (h) Jurisdiction over an offender may be transferred from
4 the sentencing court to the court of another circuit with the
5 concurrence of both courts. Further transfers or retransfers of
6 jurisdiction are also authorized in the same manner. The court
7 to which jurisdiction has been transferred shall have the same
8 powers as the sentencing court.
9     (i) The court shall impose upon an offender sentenced to
10 probation after January 1, 1989 or to conditional discharge
11 after January 1, 1992 or to community service under the
12 supervision of a probation or court services department after
13 January 1, 2004, as a condition of such probation or
14 conditional discharge or supervised community service, a fee of
15 $50 for each month of probation or conditional discharge
16 supervision or supervised community service ordered by the
17 court, unless after determining the inability of the person
18 sentenced to probation or conditional discharge or supervised
19 community service to pay the fee, the court assesses a lesser
20 fee. The court may not impose the fee on a minor who is made a
21 ward of the State under the Juvenile Court Act of 1987 while
22 the minor is in placement. The fee shall be imposed only upon
23 an offender who is actively supervised by the probation and
24 court services department. The fee shall be collected by the
25 clerk of the circuit court. The clerk of the circuit court
26 shall pay all monies collected from this fee to the county

 

 

HB0327 - 30 - LRB096 03069 RLC 13084 b

1 treasurer for deposit in the probation and court services fund
2 under Section 15.1 of the Probation and Probation Officers Act.
3     A circuit court may not impose a probation fee under this
4 subsection (i) in excess of $25 per month unless: (1) the
5 circuit court has adopted, by administrative order issued by
6 the chief judge, a standard probation fee guide determining an
7 offender's ability to pay, under guidelines developed by the
8 Administrative Office of the Illinois Courts; and (2) the
9 circuit court has authorized, by administrative order issued by
10 the chief judge, the creation of a Crime Victim's Services
11 Fund, to be administered by the Chief Judge or his or her
12 designee, for services to crime victims and their families. Of
13 the amount collected as a probation fee, up to $5 of that fee
14 collected per month may be used to provide services to crime
15 victims and their families.
16     This amendatory Act of the 93rd General Assembly deletes
17 the $10 increase in the fee under this subsection that was
18 imposed by Public Act 93-616. This deletion is intended to
19 control over any other Act of the 93rd General Assembly that
20 retains or incorporates that fee increase.
21     (i-5) In addition to the fees imposed under subsection (i)
22 of this Section, in the case of an offender convicted of a
23 felony sex offense (as defined in the Sex Offender Management
24 Board Act) or an offense that the court or probation department
25 has determined to be sexually motivated (as defined in the Sex
26 Offender Management Board Act), the court or the probation

 

 

HB0327 - 31 - LRB096 03069 RLC 13084 b

1 department shall assess additional fees to pay for all costs of
2 treatment, assessment, evaluation for risk and treatment, and
3 monitoring the offender, based on that offender's ability to
4 pay those costs either as they occur or under a payment plan.
5     (j) All fines and costs imposed under this Section for any
6 violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
7 Code, or a similar provision of a local ordinance, and any
8 violation of the Child Passenger Protection Act, or a similar
9 provision of a local ordinance, shall be collected and
10 disbursed by the circuit clerk as provided under Section 27.5
11 of the Clerks of Courts Act.
12     (k) Any offender who is sentenced to probation or
13 conditional discharge for a felony sex offense as defined in
14 the Sex Offender Management Board Act or any offense that the
15 court or probation department has determined to be sexually
16 motivated as defined in the Sex Offender Management Board Act
17 shall be required to refrain from any contact, directly or
18 indirectly, with any persons specified by the court and shall
19 be available for all evaluations and treatment programs
20 required by the court or the probation department.
21     (l) The court may order an offender who is sentenced to
22 probation or conditional discharge for a violation of an order
23 of protection be placed under electronic surveillance as
24 provided in Section 5-8A-7 of this Code.
25 (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05;
26 94-556, eff. 9-11-05; 95-331, eff. 8-21-07; 95-464, eff.

 

 

HB0327 - 32 - LRB096 03069 RLC 13084 b

1 6-1-08; 95-578, eff. 6-1-08; 95-696, eff. 6-1-08; 95-773, eff.
2 1-1-09; 95-876, eff. 8-21-08; 95-983, eff. 6-1-09; revised
3 10-20-08.)