SB2870 EngrossedLRB099 19901 RLC 44300 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 110-10 as follows:
 
6    (725 ILCS 5/110-10)  (from Ch. 38, par. 110-10)
7    Sec. 110-10. Conditions of bail bond.
8    (a) If a person is released prior to conviction, either
9upon payment of bail security or on his or her own
10recognizance, the conditions of the bail bond shall be that he
11or she will:
12        (1) Appear to answer the charge in the court having
13    jurisdiction on a day certain and thereafter as ordered by
14    the court until discharged or final order of the court;
15        (2) Submit himself or herself to the orders and process
16    of the court;
17        (3) Not depart this State without leave of the court;
18        (4) Not violate any criminal statute of any
19    jurisdiction;
20        (5) At a time and place designated by the court,
21    surrender all firearms in his or her possession to a law
22    enforcement officer designated by the court to take custody
23    of and impound the firearms and physically surrender his or

 

 

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1    her Firearm Owner's Identification Card to the clerk of the
2    circuit court when the offense the person has been charged
3    with is a forcible felony, stalking, aggravated stalking,
4    domestic battery, any violation of the Illinois Controlled
5    Substances Act, the Methamphetamine Control and Community
6    Protection Act, or the Cannabis Control Act that is
7    classified as a Class 2 or greater felony, or any felony
8    violation of Article 24 of the Criminal Code of 1961 or the
9    Criminal Code of 2012; the court may, however, forgo the
10    imposition of this condition when the circumstances of the
11    case clearly do not warrant it or when its imposition would
12    be impractical; if the Firearm Owner's Identification Card
13    is confiscated, the clerk of the circuit court shall mail
14    the confiscated card to the Illinois State Police; all
15    legally possessed firearms shall be returned to the person
16    upon the charges being dismissed, or if the person is found
17    not guilty, unless the finding of not guilty is by reason
18    of insanity; and
19        (6) At a time and place designated by the court, submit
20    to a psychological evaluation when the person has been
21    charged with a violation of item (4) of subsection (a) of
22    Section 24-1 of the Criminal Code of 1961 or the Criminal
23    Code of 2012 and that violation occurred in a school or in
24    any conveyance owned, leased, or contracted by a school to
25    transport students to or from school or a school-related
26    activity, or on any public way within 1,000 feet of real

 

 

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1    property comprising any school.
2    Psychological evaluations ordered pursuant to this Section
3shall be completed promptly and made available to the State,
4the defendant, and the court. As a further condition of bail
5under these circumstances, the court shall order the defendant
6to refrain from entering upon the property of the school,
7including any conveyance owned, leased, or contracted by a
8school to transport students to or from school or a
9school-related activity, or on any public way within 1,000 feet
10of real property comprising any school. Upon receipt of the
11psychological evaluation, either the State or the defendant may
12request a change in the conditions of bail, pursuant to Section
13110-6 of this Code. The court may change the conditions of bail
14to include a requirement that the defendant follow the
15recommendations of the psychological evaluation, including
16undergoing psychiatric treatment. The conclusions of the
17psychological evaluation and any statements elicited from the
18defendant during its administration are not admissible as
19evidence of guilt during the course of any trial on the charged
20offense, unless the defendant places his or her mental
21competency in issue.
22    (b) The court may impose other conditions, such as the
23following, if the court finds that such conditions are
24reasonably necessary to assure the defendant's appearance in
25court, protect the public from the defendant, or prevent the
26defendant's unlawful interference with the orderly

 

 

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1administration of justice:
2        (1) Report to or appear in person before such person or
3    agency as the court may direct;
4        (2) Refrain from possessing a firearm or other
5    dangerous weapon;
6        (3) Refrain from approaching or communicating with
7    particular persons or classes of persons;
8        (4) Refrain from going to certain described
9    geographical areas or premises;
10        (5) Refrain from engaging in certain activities or
11    indulging in intoxicating liquors or in certain drugs;
12        (6) Undergo treatment for drug addiction or
13    alcoholism;
14        (7) Undergo medical or psychiatric treatment;
15        (8) Work or pursue a course of study or vocational
16    training;
17        (9) Attend or reside in a facility designated by the
18    court;
19        (10) Support his or her dependents;
20        (11) If a minor resides with his or her parents or in a
21    foster home, attend school, attend a non-residential
22    program for youths, and contribute to his or her own
23    support at home or in a foster home;
24        (12) Observe any curfew ordered by the court;
25        (13) Remain in the custody of such designated person or
26    organization agreeing to supervise his release. Such third

 

 

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1    party custodian shall be responsible for notifying the
2    court if the defendant fails to observe the conditions of
3    release which the custodian has agreed to monitor, and
4    shall be subject to contempt of court for failure so to
5    notify the court;
6        (14) Be placed under direct supervision of the Pretrial
7    Services Agency, Probation Department or Court Services
8    Department in a pretrial bond home supervision capacity
9    with or without the use of an approved electronic
10    monitoring device subject to Article 8A of Chapter V of the
11    Unified Code of Corrections;
12        (14.1) The court shall impose upon a defendant who is
13    charged with any alcohol, cannabis, methamphetamine, or
14    controlled substance violation and is placed under direct
15    supervision of the Pretrial Services Agency, Probation
16    Department or Court Services Department in a pretrial bond
17    home supervision capacity with the use of an approved
18    monitoring device, as a condition of such bail bond, a fee
19    that represents costs incidental to the electronic
20    monitoring for each day of such bail supervision ordered by
21    the court, unless after determining the inability of the
22    defendant to pay the fee, the court assesses a lesser fee
23    or no fee as the case may be. The fee shall be collected by
24    the clerk of the circuit court, except as provided in an
25    administrative order of the Chief Judge of the circuit
26    court. The clerk of the circuit court shall pay all monies

 

 

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1    collected from this fee to the county treasurer for deposit
2    in the substance abuse services fund under Section 5-1086.1
3    of the Counties Code, except as provided in an
4    administrative order of the Chief Judge of the circuit
5    court.
6        The Chief Judge of the circuit court of the county may
7    by administrative order establish a program for electronic
8    monitoring of offenders with regard to drug-related and
9    alcohol-related offenses, in which a vendor supplies and
10    monitors the operation of the electronic monitoring
11    device, and collects the fees on behalf of the county. The
12    program shall include provisions for indigent offenders
13    and the collection of unpaid fees. The program shall not
14    unduly burden the offender and shall be subject to review
15    by the Chief Judge.
16        The Chief Judge of the circuit court may suspend any
17    additional charges or fees for late payment, interest, or
18    damage to any device;
19        (14.2) The court shall impose upon all defendants,
20    including those defendants subject to paragraph (14.1)
21    above, placed under direct supervision of the Pretrial
22    Services Agency, Probation Department or Court Services
23    Department in a pretrial bond home supervision capacity
24    with the use of an approved monitoring device, as a
25    condition of such bail bond, a fee which shall represent
26    costs incidental to such electronic monitoring for each day

 

 

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1    of such bail supervision ordered by the court, unless after
2    determining the inability of the defendant to pay the fee,
3    the court assesses a lesser fee or no fee as the case may
4    be. The fee shall be collected by the clerk of the circuit
5    court, except as provided in an administrative order of the
6    Chief Judge of the circuit court. The clerk of the circuit
7    court shall pay all monies collected from this fee to the
8    county treasurer who shall use the monies collected to
9    defray the costs of corrections. The county treasurer shall
10    deposit the fee collected in the county working cash fund
11    under Section 6-27001 or Section 6-29002 of the Counties
12    Code, as the case may be, except as provided in an
13    administrative order of the Chief Judge of the circuit
14    court.
15        The Chief Judge of the circuit court of the county may
16    by administrative order establish a program for electronic
17    monitoring of offenders with regard to drug-related and
18    alcohol-related offenses, in which a vendor supplies and
19    monitors the operation of the electronic monitoring
20    device, and collects the fees on behalf of the county. The
21    program shall include provisions for indigent offenders
22    and the collection of unpaid fees. The program shall not
23    unduly burden the offender and shall be subject to review
24    by the Chief Judge.
25        The Chief Judge of the circuit court may suspend any
26    additional charges or fees for late payment, interest, or

 

 

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1    damage to any device;
2        (14.3) The Chief Judge of the Judicial Circuit may
3    establish reasonable fees to be paid by a person receiving
4    pretrial services while under supervision of a pretrial
5    services agency, probation department, or court services
6    department. Reasonable fees may be charged for pretrial
7    services including, but not limited to, pretrial
8    supervision, diversion programs, electronic monitoring,
9    victim impact services, drug and alcohol testing, DNA
10    testing, GPS electronic monitoring, assessments and
11    evaluations related to domestic violence and other
12    victims, and victim mediation services. The person
13    receiving pretrial services may be ordered to pay all costs
14    incidental to pretrial services in accordance with his or
15    her ability to pay those costs;
16        (14.4) For persons charged with violating Section
17    11-501 of the Illinois Vehicle Code, refrain from operating
18    a motor vehicle not equipped with an ignition interlock
19    device, as defined in Section 1-129.1 of the Illinois
20    Vehicle Code, pursuant to the rules promulgated by the
21    Secretary of State for the installation of ignition
22    interlock devices. Under this condition the court may allow
23    a defendant who is not self-employed to operate a vehicle
24    owned by the defendant's employer that is not equipped with
25    an ignition interlock device in the course and scope of the
26    defendant's employment;

 

 

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1        (15) Comply with the terms and conditions of an order
2    of protection issued by the court under the Illinois
3    Domestic Violence Act of 1986 or an order of protection
4    issued by the court of another state, tribe, or United
5    States territory;
6        (16) Under Section 110-6.5 comply with the conditions
7    of the drug testing program; and
8        (17) Such other reasonable conditions as the court may
9    impose.
10    (c) When a person is charged with an offense under Section
1111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
1212-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
13Criminal Code of 2012, involving a victim who is a minor under
1418 years of age living in the same household with the defendant
15at the time of the offense, in granting bail or releasing the
16defendant on his own recognizance, the judge shall impose
17conditions to restrict the defendant's access to the victim
18which may include, but are not limited to conditions that he
19will:
20        1. Vacate the Household.
21        2. Make payment of temporary support to his dependents.
22        3. Refrain from contact or communication with the child
23    victim, except as ordered by the court.
24    (d) When a person is charged with a criminal offense and
25the victim is a family or household member as defined in
26Article 112A, conditions shall be imposed at the time of the

 

 

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1defendant's release on bond that restrict the defendant's
2access to the victim. Unless provided otherwise by the court,
3the restrictions shall include requirements that the defendant
4do the following:
5        (1) refrain from contact or communication with the
6    victim for a minimum period of 72 hours following the
7    defendant's release; and
8        (2) refrain from entering or remaining at the victim's
9    residence for a minimum period of 72 hours following the
10    defendant's release.
11    (e) Local law enforcement agencies shall develop
12standardized bond forms for use in cases involving family or
13household members as defined in Article 112A, including
14specific conditions of bond as provided in subsection (d).
15Failure of any law enforcement department to develop or use
16those forms shall in no way limit the applicability and
17enforcement of subsections (d) and (f).
18    (f) If the defendant is admitted to bail after conviction
19the conditions of the bail bond shall be that he will, in
20addition to the conditions set forth in subsections (a) and (b)
21hereof:
22        (1) Duly prosecute his appeal;
23        (2) Appear at such time and place as the court may
24    direct;
25        (3) Not depart this State without leave of the court;
26        (4) Comply with such other reasonable conditions as the

 

 

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1    court may impose; and
2        (5) If the judgment is affirmed or the cause reversed
3    and remanded for a new trial, forthwith surrender to the
4    officer from whose custody he was bailed.
5    (g) Upon a finding of guilty for any felony offense, the
6defendant shall physically surrender, at a time and place
7designated by the court, any and all firearms in his or her
8possession and his or her Firearm Owner's Identification Card
9as a condition of remaining on bond pending sentencing.
10(Source: P.A. 96-340, eff. 8-11-09; 96-1551, eff. 7-1-11;
1197-401, eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1150, eff.
121-25-13.)
 
13    Section 10. The Unified Code of Corrections is amended by
14changing the heading of Article 8A of Chapter V and Sections
155-6-3, 5-6-3.1, 5-7-1, 5-8A-1, 5-8A-2, 5-8A-3, 5-8A-4,
165-8A-4.1, 5-8A-5, 5-8A-5.1, 5-8A-6, 5-8A-7, and 5-8A-8 and by
17adding Section 5-8A-9 as follows:
 
18    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
19    Sec. 5-6-3. Conditions of Probation and of Conditional
20Discharge.
21    (a) The conditions of probation and of conditional
22discharge shall be that the person:
23        (1) not violate any criminal statute of any
24    jurisdiction;

 

 

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1        (2) report to or appear in person before such person or
2    agency as directed by the court;
3        (3) refrain from possessing a firearm or other
4    dangerous weapon where the offense is a felony or, if a
5    misdemeanor, the offense involved the intentional or
6    knowing infliction of bodily harm or threat of bodily harm;
7        (4) not leave the State without the consent of the
8    court or, in circumstances in which the reason for the
9    absence is of such an emergency nature that prior consent
10    by the court is not possible, without the prior
11    notification and approval of the person's probation
12    officer. Transfer of a person's probation or conditional
13    discharge supervision to another state is subject to
14    acceptance by the other state pursuant to the Interstate
15    Compact for Adult Offender Supervision;
16        (5) permit the probation officer to visit him at his
17    home or elsewhere to the extent necessary to discharge his
18    duties;
19        (6) perform no less than 30 hours of community service
20    and not more than 120 hours of community service, if
21    community service is available in the jurisdiction and is
22    funded and approved by the county board where the offense
23    was committed, where the offense was related to or in
24    furtherance of the criminal activities of an organized gang
25    and was motivated by the offender's membership in or
26    allegiance to an organized gang. The community service

 

 

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1    shall include, but not be limited to, the cleanup and
2    repair of any damage caused by a violation of Section
3    21-1.3 of the Criminal Code of 1961 or the Criminal Code of
4    2012 and similar damage to property located within the
5    municipality or county in which the violation occurred.
6    When possible and reasonable, the community service should
7    be performed in the offender's neighborhood. For purposes
8    of this Section, "organized gang" has the meaning ascribed
9    to it in Section 10 of the Illinois Streetgang Terrorism
10    Omnibus Prevention Act;
11        (7) if he or she is at least 17 years of age and has
12    been sentenced to probation or conditional discharge for a
13    misdemeanor or felony in a county of 3,000,000 or more
14    inhabitants and has not been previously convicted of a
15    misdemeanor or felony, may be required by the sentencing
16    court to attend educational courses designed to prepare the
17    defendant for a high school diploma and to work toward a
18    high school diploma or to work toward passing high school
19    equivalency testing or to work toward completing a
20    vocational training program approved by the court. The
21    person on probation or conditional discharge must attend a
22    public institution of education to obtain the educational
23    or vocational training required by this clause (7). The
24    court shall revoke the probation or conditional discharge
25    of a person who wilfully fails to comply with this clause
26    (7). The person on probation or conditional discharge shall

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        ammonium nitrate.
2    (b) The Court may in addition to other reasonable
3conditions relating to the nature of the offense or the
4rehabilitation of the defendant as determined for each
5defendant in the proper discretion of the Court require that
6the person:
7        (1) serve a term of periodic imprisonment under Article
8    7 for a period not to exceed that specified in paragraph
9    (d) of Section 5-7-1;
10        (2) pay a fine and costs;
11        (3) work or pursue a course of study or vocational
12    training;
13        (4) undergo medical, psychological or psychiatric
14    treatment; or treatment for drug addiction or alcoholism;
15        (5) attend or reside in a facility established for the
16    instruction or residence of defendants on probation;
17        (6) support his dependents;
18        (7) and in addition, if a minor:
19            (i) reside with his parents or in a foster home;
20            (ii) attend school;
21            (iii) attend a non-residential program for youth;
22            (iv) contribute to his own support at home or in a
23        foster home;
24            (v) with the consent of the superintendent of the
25        facility, attend an educational program at a facility
26        other than the school in which the offense was

 

 

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1        committed if he or she is convicted of a crime of
2        violence as defined in Section 2 of the Crime Victims
3        Compensation Act committed in a school, on the real
4        property comprising a school, or within 1,000 feet of
5        the real property comprising a school;
6        (8) make restitution as provided in Section 5-5-6 of
7    this Code;
8        (9) perform some reasonable public or community
9    service;
10        (10) serve a term of home confinement. In addition to
11    any other applicable condition of probation or conditional
12    discharge, the conditions of home confinement shall be that
13    the offender:
14            (i) remain within the interior premises of the
15        place designated for his confinement during the hours
16        designated by the court;
17            (ii) admit any person or agent designated by the
18        court into the offender's place of confinement at any
19        time for purposes of verifying the offender's
20        compliance with the conditions of his confinement; and
21            (iii) if further deemed necessary by the court or
22        the Probation or Court Services Department, be placed
23        on an approved electronic monitoring device, subject
24        to Article 8A of Chapter V;
25            (iv) for persons convicted of any alcohol,
26        cannabis or controlled substance violation who are

 

 

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1        placed on an approved monitoring device as a condition
2        of probation or conditional discharge, the court shall
3        impose a reasonable fee for each day of the use of the
4        device, as established by the county board in
5        subsection (g) of this Section, unless after
6        determining the inability of the offender to pay the
7        fee, the court assesses a lesser fee or no fee as the
8        case may be. This fee shall be imposed in addition to
9        the fees imposed under subsections (g) and (i) of this
10        Section. The fee shall be collected by the clerk of the
11        circuit court, except as provided in an administrative
12        order of the Chief Judge of the circuit court. The
13        clerk of the circuit court shall pay all monies
14        collected from this fee to the county treasurer for
15        deposit in the substance abuse services fund under
16        Section 5-1086.1 of the Counties Code, except as
17        provided in an administrative order of the Chief Judge
18        of the circuit court.
19            The Chief Judge of the circuit court of the county
20        may by administrative order establish a program for
21        electronic monitoring of offenders, in which a vendor
22        supplies and monitors the operation of the electronic
23        monitoring device, and collects the fees on behalf of
24        the county. The program shall include provisions for
25        indigent offenders and the collection of unpaid fees.
26        The program shall not unduly burden the offender and

 

 

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1        shall be subject to review by the Chief Judge.
2            The Chief Judge of the circuit court may suspend
3        any additional charges or fees for late payment,
4        interest, or damage to any device; and
5            (v) for persons convicted of offenses other than
6        those referenced in clause (iv) above and who are
7        placed on an approved monitoring device as a condition
8        of probation or conditional discharge, the court shall
9        impose a reasonable fee for each day of the use of the
10        device, as established by the county board in
11        subsection (g) of this Section, unless after
12        determining the inability of the defendant to pay the
13        fee, the court assesses a lesser fee or no fee as the
14        case may be. This fee shall be imposed in addition to
15        the fees imposed under subsections (g) and (i) of this
16        Section. The fee shall be collected by the clerk of the
17        circuit court, except as provided in an administrative
18        order of the Chief Judge of the circuit court. The
19        clerk of the circuit court shall pay all monies
20        collected from this fee to the county treasurer who
21        shall use the monies collected to defray the costs of
22        corrections. The county treasurer shall deposit the
23        fee collected in the probation and court services fund.
24        The Chief Judge of the circuit court of the county may
25        by administrative order establish a program for
26        electronic monitoring of offenders, in which a vendor

 

 

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

 

 

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1    Anti-Crime Advisory Council Act, or (ii) for offenses under
2    the jurisdiction of the Department of Natural Resources, to
3    the fund established by the Department of Natural Resources
4    for the purchase of evidence for investigation purposes and
5    to conduct investigations as outlined in Section 805-105 of
6    the Department of Natural Resources (Conservation) Law;
7        (14) refrain from entering into a designated
8    geographic area except upon such terms as the court finds
9    appropriate. Such terms may include consideration of the
10    purpose of the entry, the time of day, other persons
11    accompanying the defendant, and advance approval by a
12    probation officer, if the defendant has been placed on
13    probation or advance approval by the court, if the
14    defendant was placed on conditional discharge;
15        (15) refrain from having any contact, directly or
16    indirectly, with certain specified persons or particular
17    types of persons, including but not limited to members of
18    street gangs and drug users or dealers;
19        (16) refrain from having in his or her body the
20    presence of any illicit drug prohibited by the Cannabis
21    Control Act, the Illinois Controlled Substances Act, or the
22    Methamphetamine Control and Community Protection Act,
23    unless prescribed by a physician, and submit samples of his
24    or her blood or urine or both for tests to determine the
25    presence of any illicit drug;
26        (17) if convicted for an offense committed on or after

 

 

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1    June 1, 2008 (the effective date of Public Act 95-464) that
2    would qualify the accused as a child sex offender as
3    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
4    1961 or the Criminal Code of 2012, refrain from
5    communicating with or contacting, by means of the Internet,
6    a person who is related to the accused and whom the accused
7    reasonably believes to be under 18 years of age; for
8    purposes of this paragraph (17), "Internet" has the meaning
9    ascribed to it in Section 16-0.1 of the Criminal Code of
10    2012; and a person is related to the accused if the person
11    is: (i) the spouse, brother, or sister of the accused; (ii)
12    a descendant of the accused; (iii) a first or second cousin
13    of the accused; or (iv) a step-child or adopted child of
14    the accused;
15        (18) if convicted for an offense committed on or after
16    June 1, 2009 (the effective date of Public Act 95-983) that
17    would qualify as a sex offense as defined in the Sex
18    Offender Registration Act:
19            (i) not access or use a computer or any other
20        device with Internet capability without the prior
21        written approval of the offender's probation officer,
22        except in connection with the offender's employment or
23        search for employment with the prior approval of the
24        offender's probation officer;
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 probation
2        officer, a law enforcement officer, or assigned
3        computer or information technology specialist,
4        including the retrieval and copying of all data from
5        the computer or device and any internal or external
6        peripherals and removal of such information,
7        equipment, or device to conduct a more thorough
8        inspection;
9            (iii) submit to the installation on the offender's
10        computer or device with Internet capability, at the
11        subject's expense, of one or more hardware or software
12        systems to monitor the Internet use; and
13            (iv) submit to any other appropriate restrictions
14        concerning the offender's use of or access to a
15        computer or any other device with Internet capability
16        imposed by the offender's probation officer; and
17        (19) refrain from possessing a firearm or other
18    dangerous weapon where the offense is a misdemeanor that
19    did not involve the intentional or knowing infliction of
20    bodily harm or threat of bodily harm.
21    (c) The court may as a condition of probation or of
22conditional discharge require that a person under 18 years of
23age found guilty of any alcohol, cannabis or controlled
24substance violation, refrain from acquiring a driver's license
25during the period of probation or conditional discharge. If
26such person is in possession of a permit or license, the court

 

 

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

 

 

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1to pay all costs incidental to such mandatory drug or alcohol
2testing, or both, and all costs incidental to such approved
3electronic monitoring in accordance with the defendant's
4ability to pay those costs. The county board with the
5concurrence of the Chief Judge of the judicial circuit in which
6the county is located shall establish reasonable fees for the
7cost of maintenance, testing, and incidental expenses related
8to the mandatory drug or alcohol testing, or both, and all
9costs incidental to approved electronic monitoring, involved
10in a successful probation program for the county. The
11concurrence of the Chief Judge shall be in the form of an
12administrative order. The fees shall be collected by the clerk
13of the circuit court, except as provided in an administrative
14order of the Chief Judge of the circuit court. The clerk of the
15circuit court shall pay all moneys collected from these fees to
16the county treasurer who shall use the moneys collected to
17defray the costs of drug testing, alcohol testing, and
18electronic monitoring. The county treasurer shall deposit the
19fees collected in the county working cash fund under Section
206-27001 or Section 6-29002 of the Counties Code, as the case
21may be. The Chief Judge of the circuit court of the county may
22by administrative order establish a program for electronic
23monitoring of offenders, in which a vendor supplies and
24monitors the operation of the electronic monitoring device, and
25collects the fees on behalf of the county. The program shall
26include provisions for indigent offenders and the collection of

 

 

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1unpaid fees. The program shall not unduly burden the offender
2and shall be subject to review by the Chief Judge.
3    The Chief Judge of the circuit court may suspend any
4additional charges or fees for late payment, interest, or
5damage to any device.
6    (h) Jurisdiction over an offender may be transferred from
7the sentencing court to the court of another circuit with the
8concurrence of both courts. Further transfers or retransfers of
9jurisdiction are also authorized in the same manner. The court
10to which jurisdiction has been transferred shall have the same
11powers as the sentencing court. The probation department within
12the circuit to which jurisdiction has been transferred, or
13which has agreed to provide supervision, may impose probation
14fees upon receiving the transferred offender, as provided in
15subsection (i). For all transfer cases, as defined in Section
169b of the Probation and Probation Officers Act, the probation
17department from the original sentencing court shall retain all
18probation fees collected prior to the transfer. After the
19transfer all probation fees shall be paid to the probation
20department within the circuit to which jurisdiction has been
21transferred.
22    (i) The court shall impose upon an offender sentenced to
23probation after January 1, 1989 or to conditional discharge
24after January 1, 1992 or to community service under the
25supervision of a probation or court services department after
26January 1, 2004, as a condition of such probation or

 

 

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

 

 

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1Chief Probation Officer, adjust the monthly fee amount. An
2offender may elect to pay probation fees due in a lump sum. Any
3offender that has been assigned to the supervision of a
4probation department, or has been transferred either under
5subsection (h) of this Section or under any interstate compact,
6shall be required to pay probation fees to the department
7supervising the offender, based on the offender's ability to
8pay.
9    This amendatory Act of the 93rd General Assembly deletes
10the $10 increase in the fee under this subsection that was
11imposed by Public Act 93-616. This deletion is intended to
12control over any other Act of the 93rd General Assembly that
13retains or incorporates that fee increase.
14    (i-5) In addition to the fees imposed under subsection (i)
15of this Section, in the case of an offender convicted of a
16felony sex offense (as defined in the Sex Offender Management
17Board Act) or an offense that the court or probation department
18has determined to be sexually motivated (as defined in the Sex
19Offender Management Board Act), the court or the probation
20department shall assess additional fees to pay for all costs of
21treatment, assessment, evaluation for risk and treatment, and
22monitoring the offender, based on that offender's ability to
23pay those costs either as they occur or under a payment plan.
24    (j) All fines and costs imposed under this Section for any
25violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
26Code, or a similar provision of a local ordinance, and any

 

 

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1violation of the Child Passenger Protection Act, or a similar
2provision of a local ordinance, shall be collected and
3disbursed by the circuit clerk as provided under Section 27.5
4of the Clerks of Courts Act.
5    (k) Any offender who is sentenced to probation or
6conditional discharge for a felony sex offense as defined in
7the Sex Offender Management Board Act or any offense that the
8court or probation department has determined to be sexually
9motivated as defined in the Sex Offender Management Board Act
10shall be required to refrain from any contact, directly or
11indirectly, with any persons specified by the court and shall
12be available for all evaluations and treatment programs
13required by the court or the probation department.
14    (l) The court may order an offender who is sentenced to
15probation or conditional discharge for a violation of an order
16of protection be placed under electronic surveillance as
17provided in Section 5-8A-7 of this Code.
18(Source: P.A. 98-575, eff. 1-1-14; 98-718, eff. 1-1-15; 99-143,
19eff. 7-27-15.)
 
20    (730 ILCS 5/5-6-3.1)  (from Ch. 38, par. 1005-6-3.1)
21    Sec. 5-6-3.1. Incidents and Conditions of Supervision.
22    (a) When a defendant is placed on supervision, the court
23shall enter an order for supervision specifying the period of
24such supervision, and shall defer further proceedings in the
25case until the conclusion of the period.

 

 

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1    (b) The period of supervision shall be reasonable under all
2of the circumstances of the case, but may not be longer than 2
3years, unless the defendant has failed to pay the assessment
4required by Section 10.3 of the Cannabis Control Act, Section
5411.2 of the Illinois Controlled Substances Act, or Section 80
6of the Methamphetamine Control and Community Protection Act, in
7which case the court may extend supervision beyond 2 years.
8Additionally, the court shall order the defendant to perform no
9less than 30 hours of community service and not more than 120
10hours of community service, if community service is available
11in the jurisdiction and is funded and approved by the county
12board where the offense was committed, when the offense (1) was
13related to or in furtherance of the criminal activities of an
14organized gang or was motivated by the defendant's membership
15in or allegiance to an organized gang; or (2) is a violation of
16any Section of Article 24 of the Criminal Code of 1961 or the
17Criminal Code of 2012 where a disposition of supervision is not
18prohibited by Section 5-6-1 of this Code. The community service
19shall include, but not be limited to, the cleanup and repair of
20any damage caused by violation of Section 21-1.3 of the
21Criminal Code of 1961 or the Criminal Code of 2012 and similar
22damages to property located within the municipality or county
23in which the violation occurred. Where possible and reasonable,
24the community service should be performed in the offender's
25neighborhood.
26    For the purposes of this Section, "organized gang" has the

 

 

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1meaning ascribed to it in Section 10 of the Illinois Streetgang
2Terrorism Omnibus Prevention Act.
3    (c) The court may in addition to other reasonable
4conditions relating to the nature of the offense or the
5rehabilitation of the defendant as determined for each
6defendant in the proper discretion of the court require that
7the person:
8        (1) make a report to and appear in person before or
9    participate with the court or such courts, person, or
10    social service agency as directed by the court in the order
11    of supervision;
12        (2) pay a fine and costs;
13        (3) work or pursue a course of study or vocational
14    training;
15        (4) undergo medical, psychological or psychiatric
16    treatment; or treatment for drug addiction or alcoholism;
17        (5) attend or reside in a facility established for the
18    instruction or residence of defendants on probation;
19        (6) support his dependents;
20        (7) refrain from possessing a firearm or other
21    dangerous weapon;
22        (8) and in addition, if a minor:
23            (i) reside with his parents or in a foster home;
24            (ii) attend school;
25            (iii) attend a non-residential program for youth;
26            (iv) contribute to his own support at home or in a

 

 

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1        foster home; or
2            (v) with the consent of the superintendent of the
3        facility, attend an educational program at a facility
4        other than the school in which the offense was
5        committed if he or she is placed on supervision for a
6        crime of violence as defined in Section 2 of the Crime
7        Victims Compensation Act committed in a school, on the
8        real property comprising a school, or within 1,000 feet
9        of the real property comprising a school;
10        (9) make restitution or reparation in an amount not to
11    exceed actual loss or damage to property and pecuniary loss
12    or make restitution under Section 5-5-6 to a domestic
13    violence shelter. The court shall determine the amount and
14    conditions of payment;
15        (10) perform some reasonable public or community
16    service;
17        (11) comply with the terms and conditions of an order
18    of protection issued by the court pursuant to the Illinois
19    Domestic Violence Act of 1986 or an order of protection
20    issued by the court of another state, tribe, or United
21    States territory. If the court has ordered the defendant to
22    make a report and appear in person under paragraph (1) of
23    this subsection, a copy of the order of protection shall be
24    transmitted to the person or agency so designated by the
25    court;
26        (12) reimburse any "local anti-crime program" as

 

 

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

 

 

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1    presence of any illicit drug prohibited by the Cannabis
2    Control Act, the Illinois Controlled Substances Act, or the
3    Methamphetamine Control and Community Protection Act,
4    unless prescribed by a physician, and submit samples of his
5    or her blood or urine or both for tests to determine the
6    presence of any illicit drug;
7        (17) refrain from operating any motor vehicle not
8    equipped with an ignition interlock device as defined in
9    Section 1-129.1 of the Illinois Vehicle Code; under this
10    condition the court may allow a defendant who is not
11    self-employed to operate a vehicle owned by the defendant's
12    employer that is not equipped with an ignition interlock
13    device in the course and scope of the defendant's
14    employment; and
15        (18) if placed on supervision for a sex offense as
16    defined in subsection (a-5) of Section 3-1-2 of this Code,
17    unless the offender is a parent or guardian of the person
18    under 18 years of age present in the home and no
19    non-familial minors are present, not participate in a
20    holiday event involving children under 18 years of age,
21    such as distributing candy or other items to children on
22    Halloween, wearing a Santa Claus costume on or preceding
23    Christmas, being employed as a department store Santa
24    Claus, or wearing an Easter Bunny costume on or preceding
25    Easter.
26    (c-5) If payment of restitution as ordered has not been

 

 

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1made, the victim shall file a petition notifying the sentencing
2court, any other person to whom restitution is owed, and the
3State's Attorney of the status of the ordered restitution
4payments unpaid at least 90 days before the supervision
5expiration date. If payment as ordered has not been made, the
6court shall hold a review hearing prior to the expiration date,
7unless the hearing is voluntarily waived by the defendant with
8the knowledge that waiver may result in an extension of the
9supervision period or in a revocation of supervision. If the
10court does not extend supervision, it shall issue a judgment
11for the unpaid restitution and direct the clerk of the circuit
12court to file and enter the judgment in the judgment and lien
13docket, without fee, unless it finds that the victim has
14recovered a judgment against the defendant for the amount
15covered by the restitution order. If the court issues a
16judgment for the unpaid restitution, the court shall send to
17the defendant at his or her last known address written
18notification that a civil judgment has been issued for the
19unpaid restitution.
20    (d) The court shall defer entering any judgment on the
21charges until the conclusion of the supervision.
22    (e) At the conclusion of the period of supervision, if the
23court determines that the defendant has successfully complied
24with all of the conditions of supervision, the court shall
25discharge the defendant and enter a judgment dismissing the
26charges.

 

 

SB2870 Engrossed- 39 -LRB099 19901 RLC 44300 b

1    (f) Discharge and dismissal upon a successful conclusion of
2a disposition of supervision shall be deemed without
3adjudication of guilt and shall not be termed a conviction for
4purposes of disqualification or disabilities imposed by law
5upon conviction of a crime. Two years after the discharge and
6dismissal under this Section, unless the disposition of
7supervision was for a violation of Sections 3-707, 3-708,
83-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
9similar provision of a local ordinance, or for a violation of
10Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961
11or the Criminal Code of 2012, in which case it shall be 5 years
12after discharge and dismissal, a person may have his record of
13arrest sealed or expunged as may be provided by law. However,
14any defendant placed on supervision before January 1, 1980, may
15move for sealing or expungement of his arrest record, as
16provided by law, at any time after discharge and dismissal
17under this Section. A person placed on supervision for a sexual
18offense committed against a minor as defined in clause
19(a)(1)(L) of Section 5.2 of the Criminal Identification Act or
20for a violation of Section 11-501 of the Illinois Vehicle Code
21or a similar provision of a local ordinance shall not have his
22or her record of arrest sealed or expunged.
23    (g) A defendant placed on supervision and who during the
24period of supervision undergoes mandatory drug or alcohol
25testing, or both, or is assigned to be placed on an approved
26electronic monitoring device, shall be ordered to pay the costs

 

 

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1incidental to such mandatory drug or alcohol testing, or both,
2and costs incidental to such approved electronic monitoring in
3accordance with the defendant's ability to pay those costs. The
4county board with the concurrence of the Chief Judge of the
5judicial circuit in which the county is located shall establish
6reasonable fees for the cost of maintenance, testing, and
7incidental expenses related to the mandatory drug or alcohol
8testing, or both, and all costs incidental to approved
9electronic monitoring, of all defendants placed on
10supervision. The concurrence of the Chief Judge shall be in the
11form of an administrative order. The fees shall be collected by
12the clerk of the circuit court, except as provided in an
13administrative order of the Chief Judge of the circuit court.
14The clerk of the circuit court shall pay all moneys collected
15from these fees to the county treasurer who shall use the
16moneys collected to defray the costs of drug testing, alcohol
17testing, and electronic monitoring. The county treasurer shall
18deposit the fees collected in the county working cash fund
19under Section 6-27001 or Section 6-29002 of the Counties Code,
20as the case may be.
21    The Chief Judge of the circuit court of the county may by
22administrative order establish a program for electronic
23monitoring of offenders, in which a vendor supplies and
24monitors the operation of the electronic monitoring device, and
25collects the fees on behalf of the county. The program shall
26include provisions for indigent offenders and the collection of

 

 

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1unpaid fees. The program shall not unduly burden the offender
2and shall be subject to review by the Chief Judge.
3    The Chief Judge of the circuit court may suspend any
4additional charges or fees for late payment, interest, or
5damage to any device.
6    (h) A disposition of supervision is a final order for the
7purposes of appeal.
8    (i) The court shall impose upon a defendant placed on
9supervision after January 1, 1992 or to community service under
10the supervision of a probation or court services department
11after January 1, 2004, as a condition of supervision or
12supervised community service, a fee of $50 for each month of
13supervision or supervised community service ordered by the
14court, unless after determining the inability of the person
15placed on supervision or supervised community service to pay
16the fee, the court assesses a lesser fee. The court may not
17impose the fee on a minor who is made a ward of the State under
18the Juvenile Court Act of 1987 while the minor is in placement.
19The fee shall be imposed only upon a defendant who is actively
20supervised by the probation and court services department. The
21fee shall be collected by the clerk of the circuit court. The
22clerk of the circuit court shall pay all monies collected from
23this fee to the county treasurer for deposit in the probation
24and court services fund pursuant to Section 15.1 of the
25Probation and Probation Officers Act.
26    A circuit court may not impose a probation fee in excess of

 

 

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1$25 per month unless the circuit court has adopted, by
2administrative order issued by the chief judge, a standard
3probation fee guide determining an offender's ability to pay.
4Of the amount collected as a probation fee, not to exceed $5 of
5that fee collected per month may be used to provide services to
6crime victims and their families.
7    The Court may only waive probation fees based on an
8offender's ability to pay. The probation department may
9re-evaluate an offender's ability to pay every 6 months, and,
10with the approval of the Director of Court Services or the
11Chief Probation Officer, adjust the monthly fee amount. An
12offender may elect to pay probation fees due in a lump sum. Any
13offender that has been assigned to the supervision of a
14probation department, or has been transferred either under
15subsection (h) of this Section or under any interstate compact,
16shall be required to pay probation fees to the department
17supervising the offender, based on the offender's ability to
18pay.
19    (j) All fines and costs imposed under this Section for any
20violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
21Code, or a similar provision of a local ordinance, and any
22violation of the Child Passenger Protection Act, or a similar
23provision of a local ordinance, shall be collected and
24disbursed by the circuit clerk as provided under Section 27.5
25of the Clerks of Courts Act.
26    (k) A defendant at least 17 years of age who is placed on

 

 

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1supervision for a misdemeanor in a county of 3,000,000 or more
2inhabitants and who has not been previously convicted of a
3misdemeanor or felony may as a condition of his or her
4supervision be required by the court to attend educational
5courses designed to prepare the defendant for a high school
6diploma and to work toward a high school diploma or to work
7toward passing high school equivalency testing or to work
8toward completing a vocational training program approved by the
9court. The defendant placed on supervision must attend a public
10institution of education to obtain the educational or
11vocational training required by this subsection (k). The
12defendant placed on supervision shall be required to pay for
13the cost of the educational courses or high school equivalency
14testing if a fee is charged for those courses or testing. The
15court shall revoke the supervision of a person who wilfully
16fails to comply with this subsection (k). The court shall
17resentence the defendant upon revocation of supervision as
18provided in Section 5-6-4. This subsection (k) does not apply
19to a defendant who has a high school diploma or has
20successfully passed high school equivalency testing. This
21subsection (k) does not apply to a defendant who is determined
22by the court to be developmentally disabled or otherwise
23mentally incapable of completing the educational or vocational
24program.
25    (l) The court shall require a defendant placed on
26supervision for possession of a substance prohibited by the

 

 

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

 

 

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1motivated as defined in the Sex Offender Management Board Act
2shall be required to refrain from any contact, directly or
3indirectly, with any persons specified by the court and shall
4be available for all evaluations and treatment programs
5required by the court or the probation department.
6    (o) An offender placed on supervision for a sex offense as
7defined in the Sex Offender Management Board Act shall refrain
8from residing at the same address or in the same condominium
9unit or apartment unit or in the same condominium complex or
10apartment complex with another person he or she knows or
11reasonably should know is a convicted sex offender or has been
12placed on supervision for a sex offense. The provisions of this
13subsection (o) do not apply to a person convicted of a sex
14offense who is placed in a Department of Corrections licensed
15transitional housing facility for sex offenders.
16    (p) An offender placed on supervision for an offense
17committed on or after June 1, 2008 (the effective date of
18Public Act 95-464) that would qualify the accused as a child
19sex offender as defined in Section 11-9.3 or 11-9.4 of the
20Criminal Code of 1961 or the Criminal Code of 2012 shall
21refrain from communicating with or contacting, by means of the
22Internet, a person who is not related to the accused and whom
23the accused reasonably believes to be under 18 years of age.
24For purposes of this subsection (p), "Internet" has the meaning
25ascribed to it in Section 16-0.1 of the Criminal Code of 2012;
26and a person is not related to the accused if the person is

 

 

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1not: (i) the spouse, brother, or sister of the accused; (ii) a
2descendant of the accused; (iii) a first or second cousin of
3the accused; or (iv) a step-child or adopted child of the
4accused.
5    (q) An offender placed on supervision for an offense
6committed on or after June 1, 2008 (the effective date of
7Public Act 95-464) that would qualify the accused as a child
8sex offender as defined in Section 11-9.3 or 11-9.4 of the
9Criminal Code of 1961 or the Criminal Code of 2012 shall, if so
10ordered by the court, refrain from communicating with or
11contacting, by means of the Internet, a person who is related
12to the accused and whom the accused reasonably believes to be
13under 18 years of age. For purposes of this subsection (q),
14"Internet" has the meaning ascribed to it in Section 16-0.1 of
15the Criminal Code of 2012; and a person is related to the
16accused if the person is: (i) the spouse, brother, or sister of
17the accused; (ii) a descendant of the accused; (iii) a first or
18second cousin of the accused; or (iv) a step-child or adopted
19child of the accused.
20    (r) An offender placed on supervision for an offense under
21Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a
22juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or
2311-21 of the Criminal Code of 1961 or the Criminal Code of
242012, or any attempt to commit any of these offenses, committed
25on or after the effective date of this amendatory Act of the
2695th General Assembly shall:

 

 

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1        (i) not access or use a computer or any other device
2    with Internet capability without the prior written
3    approval of the court, except in connection with the
4    offender's employment or search for employment with the
5    prior approval of the court;
6        (ii) submit to periodic unannounced examinations of
7    the offender's computer or any other device with Internet
8    capability by the offender's probation officer, a law
9    enforcement officer, or assigned computer or information
10    technology specialist, including the retrieval and copying
11    of all data from the computer or device and any internal or
12    external peripherals and removal of such information,
13    equipment, or device to conduct a more thorough inspection;
14        (iii) submit to the installation on the offender's
15    computer or device with Internet capability, at the
16    offender's expense, of one or more hardware or software
17    systems to monitor the Internet use; and
18        (iv) submit to any other appropriate restrictions
19    concerning the offender's use of or access to a computer or
20    any other device with Internet capability imposed by the
21    court.
22    (s) An offender placed on supervision for an offense that
23is a sex offense as defined in Section 2 of the Sex Offender
24Registration Act that is committed on or after January 1, 2010
25(the effective date of Public Act 96-362) that requires the
26person to register as a sex offender under that Act, may not

 

 

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1knowingly use any computer scrub software on any computer that
2the sex offender uses.
3    (t) An offender placed on supervision for a sex offense as
4defined in the Sex Offender Registration Act committed on or
5after January 1, 2010 (the effective date of Public Act 96-262)
6shall refrain from accessing or using a social networking
7website as defined in Section 17-0.5 of the Criminal Code of
82012.
9    (u) Jurisdiction over an offender may be transferred from
10the sentencing court to the court of another circuit with the
11concurrence of both courts. Further transfers or retransfers of
12jurisdiction are also authorized in the same manner. The court
13to which jurisdiction has been transferred shall have the same
14powers as the sentencing court. The probation department within
15the circuit to which jurisdiction has been transferred may
16impose probation fees upon receiving the transferred offender,
17as provided in subsection (i). The probation department from
18the original sentencing court shall retain all probation fees
19collected prior to the transfer.
20(Source: P.A. 97-454, eff. 1-1-12; 97-597, eff. 1-1-12;
2197-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff.
221-1-15; 98-940, eff. 1-1-15; revised 10-1-14.)
 
23    (730 ILCS 5/5-7-1)  (from Ch. 38, par. 1005-7-1)
24    Sec. 5-7-1. Sentence of Periodic Imprisonment.
25    (a) A sentence of periodic imprisonment is a sentence of

 

 

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1imprisonment during which the committed person may be released
2for periods of time during the day or night or for periods of
3days, or both, or if convicted of a felony, other than first
4degree murder, a Class X or Class 1 felony, committed to any
5county, municipal, or regional correctional or detention
6institution or facility in this State for such periods of time
7as the court may direct. Unless the court orders otherwise, the
8particular times and conditions of release shall be determined
9by the Department of Corrections, the sheriff, or the
10Superintendent of the house of corrections, who is
11administering the program.
12    (b) A sentence of periodic imprisonment may be imposed to
13permit the defendant to:
14        (1) seek employment;
15        (2) work;
16        (3) conduct a business or other self-employed
17    occupation including housekeeping;
18        (4) attend to family needs;
19        (5) attend an educational institution, including
20    vocational education;
21        (6) obtain medical or psychological treatment;
22        (7) perform work duties at a county, municipal, or
23    regional correctional or detention institution or
24    facility;
25        (8) continue to reside at home with or without
26    supervision involving the use of an approved electronic

 

 

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1    monitoring device, subject to Article 8A of Chapter V; or
2        (9) for any other purpose determined by the court.
3    (c) Except where prohibited by other provisions of this
4Code, the court may impose a sentence of periodic imprisonment
5for a felony or misdemeanor on a person who is 17 years of age
6or older. The court shall not impose a sentence of periodic
7imprisonment if it imposes a sentence of imprisonment upon the
8defendant in excess of 90 days.
9    (d) A sentence of periodic imprisonment shall be for a
10definite term of from 3 to 4 years for a Class 1 felony, 18 to
1130 months for a Class 2 felony, and up to 18 months, or the
12longest sentence of imprisonment that could be imposed for the
13offense, whichever is less, for all other offenses; however, no
14person shall be sentenced to a term of periodic imprisonment
15longer than one year if he is committed to a county
16correctional institution or facility, and in conjunction with
17that sentence participate in a county work release program
18comparable to the work and day release program provided for in
19Article 13 of the Unified Code of Corrections in State
20facilities. The term of the sentence shall be calculated upon
21the basis of the duration of its term rather than upon the
22basis of the actual days spent in confinement. No sentence of
23periodic imprisonment shall be subject to the good time credit
24provisions of Section 3-6-3 of this Code.
25    (e) When the court imposes a sentence of periodic
26imprisonment, it shall state:

 

 

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1        (1) the term of such sentence;
2        (2) the days or parts of days which the defendant is to
3    be confined;
4        (3) the conditions.
5    (f) The court may issue an order of protection pursuant to
6the Illinois Domestic Violence Act of 1986 as a condition of a
7sentence of periodic imprisonment. The Illinois Domestic
8Violence Act of 1986 shall govern the issuance, enforcement and
9recording of orders of protection issued under this Section. A
10copy of the order of protection shall be transmitted to the
11person or agency having responsibility for the case.
12    (f-5) An offender sentenced to a term of periodic
13imprisonment for a felony sex offense as defined in the Sex
14Offender Management Board Act shall be required to undergo and
15successfully complete sex offender treatment by a treatment
16provider approved by the Board and conducted in conformance
17with the standards developed under the Sex Offender Management
18Board Act.
19    (g) An offender sentenced to periodic imprisonment who
20undergoes mandatory drug or alcohol testing, or both, or is
21assigned to be placed on an approved electronic monitoring
22device, shall be ordered to pay the costs incidental to such
23mandatory drug or alcohol testing, or both, and costs
24incidental to such approved electronic monitoring in
25accordance with the defendant's ability to pay those costs. The
26county board with the concurrence of the Chief Judge of the

 

 

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1judicial circuit in which the county is located shall establish
2reasonable fees for the cost of maintenance, testing, and
3incidental expenses related to the mandatory drug or alcohol
4testing, or both, and all costs incidental to approved
5electronic monitoring, of all offenders with a sentence of
6periodic imprisonment. The concurrence of the Chief Judge shall
7be in the form of an administrative order. The fees shall be
8collected by the clerk of the circuit court, except as provided
9in an administrative order of the Chief Judge of the circuit
10court. The clerk of the circuit court shall pay all moneys
11collected from these fees to the county treasurer who shall use
12the moneys collected to defray the costs of drug testing,
13alcohol testing, and electronic monitoring. The county
14treasurer shall deposit the fees collected in the county
15working cash fund under Section 6-27001 or Section 6-29002 of
16the Counties Code, as the case may be.
17    (h) All fees and costs imposed under this Section for any
18violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
19Code, or a similar provision of a local ordinance, and any
20violation of the Child Passenger Protection Act, or a similar
21provision of a local ordinance, shall be collected and
22disbursed by the circuit clerk as provided under Section 27.5
23of the Clerks of Courts Act.
24    The Chief Judge of the circuit court of the county may by
25administrative order establish a program for electronic
26monitoring of offenders, in which a vendor supplies and

 

 

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1monitors the operation of the electronic monitoring device, and
2collects the fees on behalf of the county. The program shall
3include provisions for indigent offenders and the collection of
4unpaid fees. The program shall not unduly burden the offender
5and shall be subject to review by the Chief Judge.
6    The Chief Judge of the circuit court may suspend any
7additional charges or fees for late payment, interest, or
8damage to any device.
9    (i) A defendant at least 17 years of age who is convicted
10of a misdemeanor or felony in a county of 3,000,000 or more
11inhabitants and who has not been previously convicted of a
12misdemeanor or a felony and who is sentenced to a term of
13periodic imprisonment may as a condition of his or her sentence
14be required by the court to attend educational courses designed
15to prepare the defendant for a high school diploma and to work
16toward receiving a high school diploma or to work toward
17passing high school equivalency testing or to work toward
18completing a vocational training program approved by the court.
19The defendant sentenced to periodic imprisonment must attend a
20public institution of education to obtain the educational or
21vocational training required by this subsection (i). The
22defendant sentenced to a term of periodic imprisonment shall be
23required to pay for the cost of the educational courses or high
24school equivalency testing if a fee is charged for those
25courses or testing. The court shall revoke the sentence of
26periodic imprisonment of the defendant who wilfully fails to

 

 

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1comply with this subsection (i). The court shall resentence the
2defendant whose sentence of periodic imprisonment has been
3revoked as provided in Section 5-7-2. This subsection (i) does
4not apply to a defendant who has a high school diploma or has
5successfully passed high school equivalency testing. This
6subsection (i) does not apply to a defendant who is determined
7by the court to be a person with a developmental disability or
8otherwise mentally incapable of completing the educational or
9vocational program.
10(Source: P.A. 98-718, eff. 1-1-15; 99-143, eff. 7-27-15.)
 
11    (730 ILCS 5/Ch. V Art. 8A heading)
12
ARTICLE 8A. ELECTRONIC MONITORING AND HOME DETENTION

 
 
 
13    (730 ILCS 5/5-8A-1)  (from Ch. 38, par. 1005-8A-1)
14    Sec. 5-8A-1. Title. This Article shall be known and may be
15cited as the Electronic Monitoring and Home Detention Law.
16(Source: P.A. 86-1281.)
 
17    (730 ILCS 5/5-8A-2)  (from Ch. 38, par. 1005-8A-2)
18    Sec. 5-8A-2. Definitions. As used in this Article:
19    (A) "Approved electronic monitoring device" means a device
20approved by the supervising authority which is primarily
21intended to record or transmit information as to the

 

 

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1defendant's presence or nonpresence in the home, consumption of
2alcohol, consumption of drugs, location as determined through
3GPS, cellular triangulation, Wi-Fi, or other electronic means.
4    An approved electronic monitoring device may record or
5transmit: oral or wire communications or an auditory sound;
6visual images; or information regarding the offender's
7activities while inside the offender's home. These devices are
8subject to the required consent as set forth in Section 5-8A-5
9of this Article.
10    An approved electronic monitoring device may be used to
11record a conversation between the participant and the
12monitoring device, or the participant and the person
13supervising the participant solely for the purpose of
14identification and not for the purpose of eavesdropping or
15conducting any other illegally intrusive monitoring.
16    (A-10) "Department" means the Department of Corrections or
17the Department of Juvenile Justice.
18    (A-20) "Electronic monitoring" means the monitoring of an
19inmate, person, or offender with an electronic device both
20within and outside of their home under the terms and conditions
21established by the supervising authority.
22    (B) "Excluded offenses" means first degree murder, escape,
23predatory criminal sexual assault of a child, aggravated
24criminal sexual assault, criminal sexual assault, aggravated
25battery with a firearm as described in Section 12-4.2 or
26subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section

 

 

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112-3.05, bringing or possessing a firearm, ammunition or
2explosive in a penal institution, any "Super-X" drug offense or
3calculated criminal drug conspiracy or streetgang criminal
4drug conspiracy, or any predecessor or successor offenses with
5the same or substantially the same elements, or any inchoate
6offenses relating to the foregoing offenses.
7    (B-10) "GPS" means a device or system which utilizes the
8Global Positioning Satellite system for determining the
9location of a person, inmate or offender.
10    (C) "Home detention" means the confinement of a person
11convicted or charged with an offense to his or her place of
12residence under the terms and conditions established by the
13supervising authority.
14    (D) "Participant" means an inmate or offender placed into
15an electronic monitoring program.
16    (E) "Supervising authority" means the Department of
17Corrections, the Department of Juvenile Justice, probation
18department supervisory authority, sheriff, superintendent of
19municipal house of corrections or any other officer or agency
20charged with authorizing and supervising electronic monitoring
21and home detention.
22    (F) "Super-X drug offense" means a violation of Section
23401(a)(1)(B), (C), or (D); Section 401(a)(2)(B), (C), or (D);
24Section 401(a)(3)(B), (C), or (D); or Section 401(a)(7)(B),
25(C), or (D) of the Illinois Controlled Substances Act.
26    (G) "Wi-Fi" or "WiFi" means a device or system which

 

 

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1utilizes a wireless local area network for determining the
2location of a person, inmate or offender.
3(Source: P.A. 96-1551, eff. 7-1-11.)
 
4    (730 ILCS 5/5-8A-3)  (from Ch. 38, par. 1005-8A-3)
5    Sec. 5-8A-3. Application.
6    (a) Except as provided in subsection (d), a person charged
7with or convicted of an excluded offense may not be placed in
8an electronic monitoring or home detention program, except for
9bond pending trial or appeal or while on parole, aftercare
10release, or mandatory supervised release.
11    (b) A person serving a sentence for a conviction of a Class
121 felony, other than an excluded offense, may be placed in an
13electronic monitoring or home detention program for a period
14not to exceed the last 90 days of incarceration.
15    (c) A person serving a sentence for a conviction of a Class
16X felony, other than an excluded offense, may be placed in an
17electronic monitoring or home detention program for a period
18not to exceed the last 90 days of incarceration, provided that
19the person was sentenced on or after the effective date of this
20amendatory Act of 1993 and provided that the court has not
21prohibited the program for the person in the sentencing order.
22    (d) A person serving a sentence for conviction of an
23offense other than for predatory criminal sexual assault of a
24child, aggravated criminal sexual assault, criminal sexual
25assault, aggravated criminal sexual abuse, or felony criminal

 

 

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1sexual abuse, may be placed in an electronic monitoring or home
2detention program for a period not to exceed the last 12 months
3of incarceration, provided that (i) the person is 55 years of
4age or older; (ii) the person is serving a determinate
5sentence; (iii) the person has served at least 25% of the
6sentenced prison term; and (iv) placement in an electronic home
7monitoring or detention program is approved by the Prisoner
8Review Board.
9    (e) A person serving a sentence for conviction of a Class
102, 3 or 4 felony offense which is not an excluded offense may
11be placed in an electronic monitoring or home detention program
12pursuant to Department administrative directives.
13    (f) Applications for electronic monitoring or home
14detention may include the following:
15        (1) pretrial or pre-adjudicatory detention;
16        (2) probation;
17        (3) conditional discharge;
18        (4) periodic imprisonment;
19        (5) parole, aftercare release, or mandatory supervised
20    release;
21        (6) work release;
22        (7) furlough; or
23        (8) post-trial incarceration.
24    (g) A person convicted of an offense described in clause
25(4) or (5) of subsection (d) of Section 5-8-1 of this Code
26shall be placed in an electronic monitoring or home detention

 

 

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1program for at least the first 2 years of the person's
2mandatory supervised release term.
3(Source: P.A. 98-558, eff. 1-1-14; 98-756, eff. 7-16-14.)
 
4    (730 ILCS 5/5-8A-4)  (from Ch. 38, par. 1005-8A-4)
5    Sec. 5-8A-4. Program description. The supervising
6authority may promulgate rules that prescribe reasonable
7guidelines under which an electronic monitoring and home
8detention program shall operate. When using electronic
9monitoring for home detention these These rules shall include
10but not be limited to the following:
11    (A) The participant shall remain within the interior
12premises or within the property boundaries of his or her
13residence at all times during the hours designated by the
14supervising authority. Such instances of approved absences
15from the home may include but are not limited to the following:
16        (1) working or employment approved by the court or
17    traveling to or from approved employment;
18        (2) unemployed and seeking employment approved for the
19    participant by the court;
20        (3) undergoing medical, psychiatric, mental health
21    treatment, counseling, or other treatment programs
22    approved for the participant by the court;
23        (4) attending an educational institution or a program
24    approved for the participant by the court;
25        (5) attending a regularly scheduled religious service

 

 

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1    at a place of worship;
2        (6) participating in community work release or
3    community service programs approved for the participant by
4    the supervising authority; or
5        (7) for another compelling reason consistent with the
6    public interest, as approved by the supervising authority.
7    (B) The participant shall admit any person or agent
8designated by the supervising authority into his or her
9residence at any time for purposes of verifying the
10participant's compliance with the conditions of his or her
11detention.
12    (C) The participant shall make the necessary arrangements
13to allow for any person or agent designated by the supervising
14authority to visit the participant's place of education or
15employment at any time, based upon the approval of the
16educational institution employer or both, for the purpose of
17verifying the participant's compliance with the conditions of
18his or her detention.
19    (D) The participant shall acknowledge and participate with
20the approved electronic monitoring device as designated by the
21supervising authority at any time for the purpose of verifying
22the participant's compliance with the conditions of his or her
23detention.
24    (E) The participant shall maintain the following:
25        (1) a working telephone in the participant's home;
26        (2) a monitoring device in the participant's home, or

 

 

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1    on the participant's person, or both; and
2        (3) a monitoring device in the participant's home and
3    on the participant's person in the absence of a telephone.
4    (F) The participant shall obtain approval from the
5supervising authority before the participant changes residence
6or the schedule described in subsection (A) of this Section.
7    (G) The participant shall not commit another crime during
8the period of home detention ordered by the Court.
9    (H) Notice to the participant that violation of the order
10for home detention may subject the participant to prosecution
11for the crime of escape as described in Section 5-8A-4.1.
12    (I) The participant shall abide by other conditions as set
13by the supervising authority.
14(Source: P.A. 91-357, eff. 7-29-99.)
 
15    (730 ILCS 5/5-8A-4.1)
16    Sec. 5-8A-4.1. Escape; failure to comply with a condition
17of the electronic home monitoring or home detention program.
18    (a) A person charged with or convicted of a felony, or
19charged with or adjudicated delinquent for an act which, if
20committed by an adult, would constitute a felony, conditionally
21released from the supervising authority through an electronic
22home monitoring or home detention program, who knowingly
23violates a condition of the electronic home monitoring
24detention program is guilty of a Class 3 felony.
25    (b) A person charged with or convicted of a misdemeanor, or

 

 

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1charged with or adjudicated delinquent for an act which, if
2committed by an adult, would constitute a misdemeanor,
3conditionally released from the supervising authority through
4an electronic home monitoring or home detention program, who
5knowingly violates a condition of the electronic home
6monitoring or home detention program is guilty of a Class B
7misdemeanor.
8    (c) A person who violates this Section while armed with a
9dangerous weapon is guilty of a Class 1 felony.
10(Source: P.A. 95-921, eff. 1-1-09.)
 
11    (730 ILCS 5/5-8A-5)  (from Ch. 38, par. 1005-8A-5)
12    Sec. 5-8A-5. Consent of the participant. Before entering an
13order for commitment for electronic monitoring home detention,
14the supervising authority shall inform the participant and
15other persons residing in the home of the nature and extent of
16the approved electronic monitoring devices by doing the
17following:
18    (A) Securing the written consent of the participant in the
19program to comply with the rules and regulations of the program
20as stipulated in subsections (A) through (I) of Section 5-8A-4.
21    (B) Where possible, securing the written consent of other
22persons residing in the home of the participant, including the
23person in whose name the telephone is registered, at the time
24of the order or commitment for electronic home detention is
25entered and acknowledge the nature and extent of approved

 

 

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1electronic monitoring devices.
2    (C) Insure that the approved electronic devices be
3minimally intrusive upon the privacy of the participant and
4other persons residing in the home while remaining in
5compliance with subsections (B) through (D) of Section 5-8A-4.
6    (D) This Section does not apply to persons subject to
7Electronic Home Monitoring or home detention as a term or
8condition of parole, aftercare release, or mandatory
9supervised release under subsection (d) of Section 5-8-1 of
10this Code.
11(Source: P.A. 98-558, eff. 1-1-14.)
 
12    (730 ILCS 5/5-8A-5.1)
13    Sec. 5-8A-5.1. Public notice of release on electronic home
14monitoring or home detention. The Department of Corrections
15must make identification information and a recent photo of an
16inmate being placed on electronic home monitoring or home
17detention under the provisions of this Article accessible on
18the Internet by means of a hyperlink labeled "Community
19Notification of Inmate Early Release" on the Department's World
20Wide Web homepage. The identification information shall
21include the inmate's: name, any known alias, date of birth,
22physical characteristics, residence address, commitment
23offense and county where conviction was imposed. The
24identification information shall be placed on the website
25within 3 days of the inmate's release on electronic home

 

 

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1monitoring or home detention, and the information may not be
2removed until either: completion of the first year of mandatory
3supervised release or return of the inmate to custody of the
4Department.
5(Source: P.A. 96-1110, eff. 7-19-10.)
 
6    (730 ILCS 5/5-8A-6)
7    Sec. 5-8A-6. Electronic monitoring of certain sex
8offenders. For a sexual predator subject to electronic home
9monitoring under paragraph (7.7) of subsection (a) of Section
103-3-7, the Department of Corrections must use a system that
11actively monitors and identifies the offender's current
12location and timely reports or records the offender's presence
13and that alerts the Department of the offender's presence
14within a prohibited area described in Section 11-9.3 of the
15Criminal Code of 2012, in a court order, or as a condition of
16the offender's parole, mandatory supervised release, or
17extended mandatory supervised release and the offender's
18departure from specified geographic limitations. To the extent
19that he or she is able to do so, which the Department of
20Corrections by rule shall determine, the offender must pay for
21the cost of the electronic home monitoring.
22(Source: P.A. 97-1150, eff. 1-25-13.)
 
23    (730 ILCS 5/5-8A-7)
24    Sec. 5-8A-7. Domestic violence surveillance program. If

 

 

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1the Prisoner Review Board, Department of Corrections, or court
2(the supervising authority) orders electronic surveillance as
3a condition of parole, aftercare release, mandatory supervised
4release, early release, probation, or conditional discharge
5for a violation of an order of protection or as a condition of
6bail for a person charged with a violation of an order of
7protection, the supervising authority shall use the best
8available global positioning technology to track domestic
9violence offenders. Best available technology must have
10real-time and interactive capabilities that facilitate the
11following objectives: (1) immediate notification to the
12supervising authority of a breach of a court ordered exclusion
13zone; (2) notification of the breach to the offender; and (3)
14communication between the supervising authority, law
15enforcement, and the victim, regarding the breach. The
16supervising authority may also require that the electronic
17surveillance ordered under this Section monitor the
18consumption of alcohol or drugs.
19(Source: P.A. 98-558, eff. 1-1-14.)
 
20    (730 ILCS 5/5-8A-8)
21    Sec. 5-8A-8. Service of a minimum term of imprisonment.
22When an offender is sentenced under a provision of law that
23requires the sentence to include a minimum term of imprisonment
24and the offender is committed to the custody of the sheriff to
25serve the sentence, the sheriff may place the offender in an

 

 

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1electronic monitoring or home detention program for service of
2that minimum term of imprisonment unless (i) the offender was
3convicted of an excluded offense or (ii) the court's sentencing
4order specifies that the minimum term of imprisonment shall be
5served in a county correctional facility.
6(Source: P.A. 98-161, eff. 1-1-14.)
 
7    (730 ILCS 5/5-8A-9 new)
8    Sec. 5-8A-9. Electronic monitoring by probation
9departments. If the supervising authority is a probation
10department, the Chief Judge of the circuit court may by
11administrative order establish a program for electronic
12monitoring of offenders, in which a vendor supplies and
13monitors the operation of the electronic monitoring device, and
14collects the fees on behalf of the county. The program shall
15include provisions for indigent offenders and the collection of
16unpaid fees and shall not unduly burden the offender and shall
17be subject to review by the Chief Judge of the circuit court.
18    The Chief Judge of the circuit court may suspend any
19additional charges or fees for late payment, interest, or
20damage to any device.
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.