96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2393

 

Introduced 2/19/2009, by Rep. Mark L. Walker

 

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
730 ILCS 5/5-8A-8 new

    Amends the Unified Code of Corrections. Provides that a person convicted of aggravated battery of a child, aggravated kidnapping, child abduction, ritualized abuse of a child, 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. Provides that Global Positioning System (GPS) tracking information about offenders required to wear an approved electronic monitoring device under these provisions shall be furnished to local law enforcement agencies.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2393 LRB096 10111 RLC 20277 b

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

 

 

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

 

 

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1     Corrections licensed transitional housing facility for sex
2     offenders, or is in any facility operated or licensed by
3     the Department of Children and Family Services or by the
4     Department of Human Services, or is in any licensed medical
5     facility;
6         (7.7) if convicted for an offense that would qualify
7     the accused as a sexual predator under the Sex Offender
8     Registration Act on or after the effective date of this
9     amendatory Act of the 94th General Assembly, wear an
10     approved electronic monitoring device as defined in
11     Section 5-8A-2 for the duration of the person's parole,
12     mandatory supervised release term, or extended mandatory
13     supervised release term;
14         (7.8) 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 not
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 (7.8), "Internet" has the meaning ascribed to it
23     in Section 16J-5 of the Criminal Code of 1961; and a person
24     is not related to the accused if the person is not: (i) the
25     spouse, brother, or sister of the accused; (ii) a
26     descendant of the accused; (iii) a first or second cousin

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1 high school diploma or who have not previously passed the high
2 school level Test of General Educational Development.
3 (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05;
4 94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08;
5 95-579, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09;
6 95-876, eff. 8-21-08; 95-983, eff. 6-1-09; revised 10-20-08.)
 
7     (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
8     (Text of Section after amendment by P.A. 95-983)
9     Sec. 5-6-3. Conditions of Probation and of Conditional
10 Discharge.
11     (a) The conditions of probation and of conditional
12 discharge shall be that the person:
13         (1) not violate any criminal statute of any
14     jurisdiction;
15         (2) report to or appear in person before such person or
16     agency as directed by the court;
17         (3) refrain from possessing a firearm or other
18     dangerous weapon;
19         (4) not leave the State without the consent of the
20     court or, in circumstances in which the reason for the
21     absence is of such an emergency nature that prior consent
22     by the court is not possible, without the prior
23     notification and approval of the person's probation
24     officer. Transfer of a person's probation or conditional
25     discharge supervision to another state is subject to

 

 

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

 

 

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

 

 

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1     and Community Protection Act after a previous conviction or
2     disposition of supervision for possession of a substance
3     prohibited by the Cannabis Control Act or Illinois
4     Controlled Substances Act or after a sentence of probation
5     under Section 10 of the Cannabis Control Act, Section 410
6     of the Illinois Controlled Substances Act, or Section 70 of
7     the Methamphetamine Control and Community Protection Act
8     and upon a finding by the court that the person is
9     addicted, undergo treatment at a substance abuse program
10     approved by the court;
11         (8.5) if convicted of a felony sex offense as defined
12     in the Sex Offender Management Board Act, the person shall
13     undergo and successfully complete sex offender treatment
14     by a treatment provider approved by the Board and conducted
15     in conformance with the standards developed under the Sex
16     Offender Management Board Act;
17         (8.6) 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;
2         (8.7) if convicted for an offense committed on or after
3     June 1, 2008 (the effective date of Public Act 95-464) this
4     amendatory Act of the 95th General Assembly that would
5     qualify the accused as a child sex offender as defined in
6     Section 11-9.3 or 11-9.4 of the Criminal Code of 1961,
7     refrain from communicating with or contacting, by means of
8     the Internet, a person who is not related to the accused
9     and whom the accused reasonably believes to be under 18
10     years of age; for purposes of this paragraph (8.7),
11     "Internet" has the meaning ascribed to it in Section 16J-5
12     of the Criminal Code of 1961; and a person is not related
13     to the accused if the person is not: (i) the spouse,
14     brother, or sister of the accused; (ii) a descendant of the
15     accused; (iii) a first or second cousin of the accused; or
16     (iv) a step-child or adopted child of the accused;
17         (8.8) if convicted for an offense under Section 11-6,
18     11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal
19     Code of 1961, or any attempt to commit any of these
20     offenses, committed on or after June 1, 2009 (the effective
21     date of Public Act 95-983) this amendatory Act of the 95th
22     General Assembly:
23             (i) not access or use a computer or any other
24         device with Internet capability without the prior
25         written approval of the offender's probation officer,
26         except in connection with the offender's employment or

 

 

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1         search for employment with the prior approval of the
2         offender's probation officer;
3             (ii) submit to periodic unannounced examinations
4         of the offender's computer or any other device with
5         Internet capability by the offender's probation
6         officer, a law enforcement officer, or assigned
7         computer or information technology specialist,
8         including the retrieval and copying of all data from
9         the computer or device and any internal or external
10         peripherals and removal of such information,
11         equipment, or device to conduct a more thorough
12         inspection;
13             (iii) submit to the installation on the offender's
14         computer or device with Internet capability, at the
15         offender's expense, of one or more hardware or software
16         systems to monitor the Internet use; and
17             (iv) submit to any other appropriate restrictions
18         concerning the offender's use of or access to a
19         computer or any other device with Internet capability
20         imposed by the offender's probation officer;
21         (8.9) if convicted of any of the following offenses
22     committed on or after the effective date of this amendatory
23     Act of the 96th General Assembly when the victim was under
24     18 years of age at the time of the commission of the
25     offense and the defendant used force or the threat of force
26     in the commission of the offense: aggravated battery of a

 

 

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

 

 

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

 

 

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

 

 

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1         case may be. This fee shall be imposed in addition to
2         the fees imposed under subsections (g) and (i) of this
3         Section. The fee shall be collected by the clerk of the
4         circuit court. The clerk of the circuit court shall pay
5         all monies collected from this fee to the county
6         treasurer for deposit in the substance abuse services
7         fund under Section 5-1086.1 of the Counties Code; and
8             (v) for persons convicted of offenses other than
9         those referenced in clause (iv) above and who are
10         placed on an approved monitoring device as a condition
11         of probation or conditional discharge, the court shall
12         impose a reasonable fee for each day of the use of the
13         device, as established by the county board in
14         subsection (g) of this Section, unless after
15         determining the inability of the defendant to pay the
16         fee, the court assesses a lesser fee or no fee as the
17         case may be. This fee shall be imposed in addition to
18         the fees imposed under subsections (g) and (i) of this
19         Section. The fee shall be collected by the clerk of the
20         circuit court. The clerk of the circuit court shall pay
21         all monies collected from this fee to the county
22         treasurer who shall use the monies collected to defray
23         the costs of corrections. The county treasurer shall
24         deposit the fee collected in the county working cash
25         fund under Section 6-27001 or Section 6-29002 of the
26         Counties Code, as the case may be.

 

 

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1         (11) comply with the terms and conditions of an order
2     of protection issued by the court pursuant to the Illinois
3     Domestic Violence Act of 1986, as now or hereafter amended,
4     or an order of protection issued by the court of another
5     state, tribe, or United States territory. A copy of the
6     order of protection shall be transmitted to the probation
7     officer or agency having responsibility for the case;
8         (12) reimburse any "local anti-crime program" as
9     defined in Section 7 of the Anti-Crime Advisory Council Act
10     for any reasonable expenses incurred by the program on the
11     offender's case, not to exceed the maximum amount of the
12     fine authorized for the offense for which the defendant was
13     sentenced;
14         (13) contribute a reasonable sum of money, not to
15     exceed the maximum amount of the fine authorized for the
16     offense for which the defendant was sentenced, (i) to a
17     "local anti-crime program", as defined in Section 7 of the
18     Anti-Crime Advisory Council Act, or (ii) for offenses under
19     the jurisdiction of the Department of Natural Resources, to
20     the fund established by the Department of Natural Resources
21     for the purchase of evidence for investigation purposes and
22     to conduct investigations as outlined in Section 805-105 of
23     the Department of Natural Resources (Conservation) Law;
24         (14) refrain from entering into a designated
25     geographic area except upon such terms as the court finds
26     appropriate. Such terms may include consideration of the

 

 

HB2393 - 25 - LRB096 10111 RLC 20277 b

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

 

 

HB2393 - 26 - LRB096 10111 RLC 20277 b

1     Code of 1961; and a person is related to the accused if the
2     person is: (i) the spouse, brother, or sister of the
3     accused; (ii) a descendant of the accused; (iii) a first or
4     second cousin of the accused; or (iv) a step-child or
5     adopted child of the accused; and
6         (18) if convicted for an offense committed on or after
7     June 1, 2009 (the effective date of Public Act 95-983) this
8     amendatory Act of the 95th General Assembly that would
9     qualify as a sex offense as defined in the Sex Offender
10     Registration Act:
11             (i) not access or use a computer or any other
12         device with Internet capability without the prior
13         written approval of the offender's probation officer,
14         except in connection with the offender's employment or
15         search for employment with the prior approval of the
16         offender's probation officer;
17             (ii) submit to periodic unannounced examinations
18         of the offender's computer or any other device with
19         Internet capability by the offender's probation
20         officer, a law enforcement officer, or assigned
21         computer or information technology specialist,
22         including the retrieval and copying of all data from
23         the computer or device and any internal or external
24         peripherals and removal of such information,
25         equipment, or device to conduct a more thorough
26         inspection;

 

 

HB2393 - 27 - LRB096 10111 RLC 20277 b

1             (iii) submit to the installation on the offender's
2         computer or device with Internet capability, at the
3         subject's expense, of one or more hardware or software
4         systems to monitor the Internet use; and
5             (iv) submit to any other appropriate restrictions
6         concerning the offender's use of or access to a
7         computer or any other device with Internet capability
8         imposed by the offender's probation officer.
9     (c) The court may as a condition of probation or of
10 conditional discharge require that a person under 18 years of
11 age found guilty of any alcohol, cannabis or controlled
12 substance violation, refrain from acquiring a driver's license
13 during the period of probation or conditional discharge. If
14 such person is in possession of a permit or license, the court
15 may require that the minor refrain from driving or operating
16 any motor vehicle during the period of probation or conditional
17 discharge, except as may be necessary in the course of the
18 minor's lawful employment.
19     (d) An offender sentenced to probation or to conditional
20 discharge shall be given a certificate setting forth the
21 conditions thereof.
22     (e) Except where the offender has committed a fourth or
23 subsequent violation of subsection (c) of Section 6-303 of the
24 Illinois Vehicle Code, the court shall not require as a
25 condition of the sentence of probation or conditional discharge
26 that the offender be committed to a period of imprisonment in

 

 

HB2393 - 28 - LRB096 10111 RLC 20277 b

1 excess of 6 months. This 6 month limit shall not include
2 periods of confinement given pursuant to a sentence of county
3 impact incarceration under Section 5-8-1.2.
4     Persons committed to imprisonment as a condition of
5 probation or conditional discharge shall not be committed to
6 the Department of Corrections.
7     (f) The court may combine a sentence of periodic
8 imprisonment under Article 7 or a sentence to a county impact
9 incarceration program under Article 8 with a sentence of
10 probation or conditional discharge.
11     (g) An offender sentenced to probation or to conditional
12 discharge and who during the term of either undergoes mandatory
13 drug or alcohol testing, or both, or is assigned to be placed
14 on an approved electronic monitoring device, shall be ordered
15 to pay all costs incidental to such mandatory drug or alcohol
16 testing, or both, and all costs incidental to such approved
17 electronic monitoring in accordance with the defendant's
18 ability to pay those costs. The county board with the
19 concurrence of the Chief Judge of the judicial circuit in which
20 the county is located shall establish reasonable fees for the
21 cost of maintenance, testing, and incidental expenses related
22 to the mandatory drug or alcohol testing, or both, and all
23 costs incidental to approved electronic monitoring, involved
24 in a successful probation program for the county. The
25 concurrence of the Chief Judge shall be in the form of an
26 administrative order. The fees shall be collected by the clerk

 

 

HB2393 - 29 - LRB096 10111 RLC 20277 b

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

 

 

HB2393 - 30 - LRB096 10111 RLC 20277 b

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

 

 

HB2393 - 31 - LRB096 10111 RLC 20277 b

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

 

 

HB2393 - 32 - LRB096 10111 RLC 20277 b

1 probation or conditional discharge for a violation of an order
2 of protection be placed under electronic surveillance as
3 provided in Section 5-8A-7 of this Code.
4 (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05;
5 94-556, eff. 9-11-05; 95-331, eff. 8-21-07; 95-464, eff.
6 6-1-08; 95-578, eff. 6-1-08; 95-696, eff. 6-1-08; 95-773, eff.
7 1-1-09; 95-876, eff. 8-21-08; 95-983, eff. 6-1-09; revised
8 10-20-08.)
 
9     (730 ILCS 5/5-8A-8 new)
10     Sec. 5-8A-8. Global Positioning System (GPS) tracking
11 information provided to local law enforcement agency. Global
12 Positioning System (GPS) tracking information about offenders
13 required to wear an approved electronic monitoring device as
14 provided in paragraph (7.12) of subsection (a) of Section 3-3-7
15 and paragraph (8.9) of subsection (a) of Section 5-6-3 of this
16 Code shall be furnished to local law enforcement agencies.