Synopsis As Introduced Amends the State Finance Act. Repeals the Domestic Violence Surveillance Fund. Amends the Code of Criminal Procedure of 1963. Provides that when a person is charged with a violation of an order of protection, the court may, in its discretion (rather than shall), order the respondent to undergo a risk assessment evaluation if certain conditions are present. Amends the Unified Code of Corrections. Provides that under the Domestic Violence Surveillance Program, the best available technology must have real-time and interactive capabilities that facilitate the following objectives: (1) immediate notification to the supervising authority of a breach of a court ordered exclusion zone; (2) notification of the breach to the offender; and (3) communication between the supervising authority, law enforcement, and the victim, regarding the breach. Changes the protective order violation fines to fees. Provides that the supervising authority of a domestic violence surveillance program shall assess a person either convicted of, or charged with, the violation of an order of protection an additional fee to cover the costs of providing the equipment used and the additional supervision needed for such domestic violence surveillance program. Provides that if the court finds that the fee would impose an undue burden on the victim, the court may reduce or waive the fee. Provides that the court shall order that the defendant may not use funds belonging solely to the victim of the offense for payment of the fee. Amends the Probation and Probation Officers Act. Provides that the Division of Probation Services shall (rather than may) develop standards to implement the Domestic Violence Surveillance Program and shall develop standards for collecting data to evaluate the impact and costs of the Domestic Violence Surveillance Program. Effective immediately.
House Floor Amendment No. 1 Provides that the risk assessment evaluation that a person charged with a violation of an order of protection may be ordered to undergo may be conducted by a partner abuse intervention program provider, pretrial service, probation, or parole agency. These agencies shall have access to summaries of the defendant's criminal history, which shall not include victim interviews or information, for the risk evaluation. Provides that these agencies shall have access to summaries of the defendant's criminal history and shall not include victim interview or information for the risk evaluation. Provides that based on the information collected from the 12 points to be considered at a bail hearing for a violation of an order of protection, the results of any risk evaluation conducted and the other circumstances of the violation that the person, as a condition of bail, be placed under electronic surveillance.
Senate Floor Amendment No. 1 Restores provision that the Circuit Clerk shall retain 10% of the additional fee imposed for violations of an order of protection and deposit that percentage into the Circuit Court Clerk Operation and Administrative Fund to cover the costs incurred in administering and enforcing the provisions relating to protective order violations.