Full Text of HB7057 93rd General Assembly
HB7057enr 93RD GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Sexually Violent Persons Commitment Act is | 5 |
| amended by changing Sections 25 and 30 as follows: | 6 |
| (725 ILCS 207/25)
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| Sec. 25. Rights of persons subject to petition.
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| (a) Any person who is the subject of a petition filed under
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| Section 15 of this Act shall be served with a copy of the
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| petition in accordance with the Civil Practice Law.
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| (b) The circuit court in which a petition under Section 15 | 12 |
| of
this Act is filed shall conduct all hearings under this Act. | 13 |
| The
court shall give the person who is the subject of the | 14 |
| petition
reasonable notice of the time and place of each such | 15 |
| hearing. The
court may designate additional persons to receive | 16 |
| these notices.
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| (c) Except as provided in paragraph (b)(1) of Section 65 | 18 |
| and Section 70 of
this Act,
at any hearing conducted under this | 19 |
| Act, the person who is the
subject of the petition has the | 20 |
| right to :
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| (1) To be present and to be represented by counsel. If | 22 |
| the person is
indigent, the court shall
appoint counsel.
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| (2) To remain silent.
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| (3) To present and cross-examine witnesses.
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| (4) To have the hearing recorded by a court reporter.
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| (d) The person who is the subject of the petition, the | 27 |
| person's
attorney, the Attorney General or the State's Attorney | 28 |
| may request
that a trial under Section 35 of this Act be to a | 29 |
| jury. A verdict
of a jury under this Act is not valid unless it | 30 |
| is unanimous.
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| (e) Whenever the person who is the subject of the petition | 32 |
| is
required to submit to an examination under this Act, he or |
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| she may
retain experts or professional persons to perform an | 2 |
| examination.
The respondent's chosen evaluator must be | 3 |
| approved by the Sex
Offender Management Board and the | 4 |
| evaluation must be conducted in conformance
with the standards | 5 |
| developed under the Sex Offender Management Board
Act.
If the | 6 |
| person retains a qualified expert or professional person
of his | 7 |
| or her own choice to conduct an examination, the examiner
shall | 8 |
| have reasonable access to the person for the purpose of the
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| examination, as well as to the person's past and present | 10 |
| treatment
records and patient health care records. If the | 11 |
| person is
indigent, the court shall, upon the person's request, | 12 |
| appoint a
qualified and available expert or professional person | 13 |
| to perform
an examination. Upon the order of the circuit court, | 14 |
| the county
shall pay, as part of the costs of the action, the | 15 |
| costs of a
court-appointed expert or professional person to | 16 |
| perform an
examination and participate in the trial on behalf | 17 |
| of an indigent
person.
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| (Source: P.A. 93-616, eff. 1-1-04; revised 1-10-04.)
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| (725 ILCS 207/30)
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| Sec. 30. Detention; probable cause hearing; transfer for
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| examination.
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| (a) Upon the filing of a petition under Section 15 of this | 23 |
| Act,
the court shall review the petition to determine whether | 24 |
| to issue
an order for detention of the person who is the | 25 |
| subject of the
petition. The person shall be detained only if | 26 |
| there is cause to
believe that the person is eligible for | 27 |
| commitment under subsection (f) of
Section
35 of this Act. A | 28 |
| person detained under this Section shall be
held in a facility | 29 |
| approved by the Department. If the person is
serving a sentence | 30 |
| of imprisonment, is in a Department of
Corrections correctional | 31 |
| facility or juvenile correctional
facility or is committed to | 32 |
| institutional care, and the court
orders detention under this | 33 |
| Section, the court shall order that
the person be transferred | 34 |
| to a detention facility approved by the
Department. A detention | 35 |
| order under this Section remains in
effect until the person is |
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| discharged after a trial under Section
35 of this Act or until | 2 |
| the effective date of a commitment order
under Section 40 of | 3 |
| this Act, whichever is applicable.
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| (b) Whenever a petition is filed under Section 15 of this | 5 |
| Act,
the court shall hold a hearing to determine whether there | 6 |
| is
probable cause to believe that the person named in the | 7 |
| petition is
a sexually violent person. If the person named in | 8 |
| the petition is
in custody, the court shall hold the probable | 9 |
| cause hearing within
72 hours after the petition is filed, | 10 |
| excluding Saturdays, Sundays
and legal holidays. The court may | 11 |
| grant a continuance of the probable cause
hearing for no more | 12 |
| than 7 additional days upon the motion of the respondent,
for | 13 |
| good cause. If the person named in the petition has been | 14 |
| released, is
on parole, is on mandatory supervised release, or | 15 |
| otherwise is not in
custody, the court shall hold the probable | 16 |
| cause hearing within a
reasonable time after the filing of the | 17 |
| petition.
At the probable cause hearing, the court shall admit | 18 |
| and consider all
relevant hearsay evidence.
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| (c) If the court determines after a hearing that there is
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| probable cause to believe that the person named in the petition | 21 |
| is
a sexually violent person, the court shall order that the | 22 |
| person
be taken into custody if he or she is not in custody and | 23 |
| shall
order the person to be transferred within a reasonable | 24 |
| time to an
appropriate facility for an evaluation as to whether | 25 |
| the person is
a sexually violent person.
If the person who is | 26 |
| named in the petition refuses to speak to, communicate
with, or | 27 |
| otherwise fails to cooperate with the examining evaluator from | 28 |
| the
Department of Human Services or the Department of | 29 |
| Corrections, that person may
only introduce evidence and | 30 |
| testimony from any expert or professional person
who is | 31 |
| retained or court-appointed to conduct an examination of the | 32 |
| person
that results from a review of the records and may not | 33 |
| introduce evidence
resulting from an examination of the person.
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| Any evaluation conducted under this Section shall be by an | 35 |
| evaluator
approved by the Sex Offender Management Board and | 36 |
| conducted in conformance with
the standards developed under the |
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| Sex Offender Management Board Act.
Notwithstanding the | 2 |
| provisions of Section 10 of
the
Mental Health and Developmental | 3 |
| Disabilities Confidentiality Act, all
evaluations conducted | 4 |
| pursuant to this Act and all Illinois Department of
Corrections | 5 |
| treatment records shall be admissible at all proceedings held
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| pursuant to this Act, including the probable cause hearing and | 7 |
| the trial.
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| If the court determines that probable
cause does not exist | 9 |
| to believe that the person is a sexually
violent person, the | 10 |
| court shall dismiss the petition.
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| (d) The Department shall promulgate rules that provide the
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| qualifications for persons conducting evaluations under | 13 |
| subsection
(c) of this Section.
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| (e) If the person named in the petition claims or appears | 15 |
| to be
indigent, the court shall, prior to the probable cause | 16 |
| hearing
under subsection (b) of this Section, appoint
counsel.
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| (Source: P.A. 92-415, eff. 8-17-01; 93-616, eff. 1-1-04.)
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| Section 10. The Unified Code of Corrections is amended by | 19 |
| changing Sections 5-3-1, 5-3-2, 5-3-4, 5-4-3.1, 5-6-3, and | 20 |
| 5-6-3.1 as follows: | 21 |
| (730 ILCS 5/5-3-1) (from Ch. 38, par. 1005-3-1)
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| Sec. 5-3-1. Presentence Investigation. A defendant shall | 23 |
| not
be sentenced for a felony before a written presentence | 24 |
| report
of investigation is presented to and considered by the | 25 |
| court.
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| However, other than for felony sex offenders being | 27 |
| considered for probation
in cases other than felony sex | 28 |
| offenses as defined in the Sex
Offender Management Board Act , | 29 |
| the court need not order a presentence report
of
investigation | 30 |
| where both parties agree to the imposition of
a specific | 31 |
| sentence, provided there is a finding made for the
record as to | 32 |
| the defendant's history of delinquency or criminality,
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| including any previous sentence to a term of probation, | 34 |
| periodic
imprisonment, conditional discharge, or imprisonment.
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| The court may order a presentence investigation of any | 2 |
| defendant.
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| (Source: P.A. 93-616, eff. 1-1-04.)
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| (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
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| Sec. 5-3-2. Presentence Report.
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| (a) In felony cases, the presentence
report shall set | 7 |
| forth:
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| (1) the defendant's history of delinquency or | 9 |
| criminality,
physical and mental history and condition, | 10 |
| family situation and
background, economic status, | 11 |
| education, occupation and personal habits;
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| (2) information about special resources within the | 13 |
| community
which might be available to assist the | 14 |
| defendant's rehabilitation,
including treatment centers, | 15 |
| residential facilities, vocational
training services, | 16 |
| correctional manpower programs, employment
opportunities, | 17 |
| special educational programs, alcohol and drug
abuse | 18 |
| programming, psychiatric and marriage counseling, and | 19 |
| other
programs and facilities which could aid the | 20 |
| defendant's successful
reintegration into society;
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| (3) the effect the offense committed has had upon the | 22 |
| victim or
victims thereof, and any compensatory benefit | 23 |
| that various
sentencing alternatives would confer on such | 24 |
| victim or victims;
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| (4) information concerning the defendant's status | 26 |
| since arrest,
including his record if released on his own | 27 |
| recognizance, or the
defendant's achievement record if | 28 |
| released on a conditional
pre-trial supervision program;
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| (5) when appropriate, a plan, based upon the personal, | 30 |
| economic
and social adjustment needs of the defendant, | 31 |
| utilizing public and
private community resources as an | 32 |
| alternative to institutional
sentencing;
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| (6) any other matters that the investigatory officer | 34 |
| deems
relevant or the court directs to be included; and
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| (7) information concerning defendant's eligibility for |
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| a sentence to a
county impact incarceration program under | 2 |
| Section 5-8-1.2 of this Code.
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| (b) The investigation shall include a physical and mental
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| examination of the defendant when so ordered by the court. If
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| the court determines that such an examination should be made, | 6 |
| it
shall issue an order that the defendant submit to | 7 |
| examination at
such time and place as designated by the court | 8 |
| and that such
examination be conducted by a physician, | 9 |
| psychologist or
psychiatrist designated by the court. Such an | 10 |
| examination may
be conducted in a court clinic if so ordered by | 11 |
| the court. The
cost of such examination shall be paid by the | 12 |
| county in which
the trial is held.
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| (b-5) In cases involving felony sex offenses in which the | 14 |
| offender is being considered for probation or any felony | 15 |
| offense that is
sexually motivated as defined in the Sex | 16 |
| Offender Management Board Act in which the offender is being | 17 |
| considered for probation , the
investigation shall include a sex | 18 |
| offender evaluation by an evaluator approved
by the Board and | 19 |
| conducted in conformance with the standards developed under
the | 20 |
| Sex Offender Management Board Act.
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| (c) In misdemeanor, business offense or petty offense | 22 |
| cases, except as
specified in subsection (d) of this Section, | 23 |
| when a presentence report has
been ordered by the court, such | 24 |
| presentence report shall contain
information on the | 25 |
| defendant's history of delinquency or criminality and
shall | 26 |
| further contain only those matters listed in any of paragraphs | 27 |
| (1)
through (6) of subsection (a) or in subsection (b) of this | 28 |
| Section as are
specified by the court in its order for the | 29 |
| report.
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| (d) In cases under Section 12-15 and Section 12-30 of the | 31 |
| Criminal
Code of 1961, as amended, the presentence report shall | 32 |
| set forth
information about alcohol, drug abuse, psychiatric, | 33 |
| and marriage counseling
or other treatment programs and | 34 |
| facilities, information on the defendant's
history of | 35 |
| delinquency or criminality, and shall contain those additional
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| matters listed in any of paragraphs (1) through (6) of |
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| subsection (a) or in
subsection (b) of this Section as are | 2 |
| specified by the court.
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| (e) Nothing in this Section shall cause the defendant to be
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| held without bail or to have his bail revoked for the purpose
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| of preparing the presentence report or making an examination.
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| (Source: P.A. 93-616, eff. 1-1-04.)
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| (730 ILCS 5/5-3-4) (from Ch. 38, par. 1005-3-4)
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| Sec. 5-3-4. Disclosure of Reports.
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| (a) Any report made pursuant to this Article or Section | 10 |
| 5-705
of the Juvenile
Court Act of 1987 shall be filed of | 11 |
| record with the court in a sealed envelope.
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| (b) Presentence reports shall be open for inspection only | 13 |
| as follows:
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| (1) to the sentencing court;
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| (2) to the state's attorney and the defendant's | 16 |
| attorney at least 3 days
prior to the imposition of | 17 |
| sentence, unless such 3 day requirement is waived;
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| (3) to an appellate court in which the conviction or | 19 |
| sentence is subject
to review;
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| (4) to any department, agency or institution to which | 21 |
| the defendant is
committed;
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| (5) to any probation department of whom courtesy | 23 |
| probation is requested;
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| (6) to any probation department assigned by a court of | 25 |
| lawful
jurisdiction to conduct a presentence report;
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| (7) to any other person only as ordered by the court; | 27 |
| and
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| (8) to any mental health professional on behalf of the | 29 |
| Illinois
Department
of Corrections or the Department of | 30 |
| Human Services or to a prosecutor who is
evaluating or | 31 |
| investigating a potential or actual petition brought under
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| the Sexually Violent Persons Commitment Act relating to a | 33 |
| person who is the
subject of
a
presentence report or the | 34 |
| respondent to a petition brought under the
Sexually Violent | 35 |
| Persons Commitment Act who is the subject of the |
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| presentence
report sought.
Any records and any information | 2 |
| obtained from those records under this
paragraph (8) may be | 3 |
| used only in sexually violent persons commitment
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| proceedings.
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| (c) Presentence reports shall be filed of record with the | 6 |
| court within
60
30 days of a verdict or finding of guilty for | 7 |
| any offense involving an
illegal sexual act perpetrated upon a | 8 |
| victim, including but not limited to
offenses for violations of | 9 |
| Article 12 of the Criminal Code of 1961 , or any offense | 10 |
| determined by the court or the probation department to be | 11 |
| sexually motivated, as defined in the Sex Offender Management | 12 |
| Board Act .
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| (d) A complaint, information or indictment shall not be | 14 |
| quashed or
dismissed nor shall any person in custody for an | 15 |
| offense be discharged from
custody because of noncompliance | 16 |
| with subsection (c) of this Section.
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| (Source: P.A. 92-415, eff. 8-17-01.)
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| (730 ILCS 5/5-4-3.1) (from Ch. 38, par. 1005-4-3.1)
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| Sec. 5-4-3.1. Sentencing Hearing for Sex Offenses.
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| (a) Except for good cause shown by written motion, any | 21 |
| person adjudged
guilty of any offense involving an illegal | 22 |
| sexual act perpetrated upon a
victim, including but not limited | 23 |
| to offenses for violations of Article 12
of the Criminal Code | 24 |
| of 1961, or any offense determined by the court or the | 25 |
| probation department to be sexually motivated, as defined in | 26 |
| the Sex Offender Management Board Act, shall be sentenced | 27 |
| within 65
45 days of a
verdict or finding of guilt for the | 28 |
| offense.
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| (b) The court shall set the sentencing date at the time the | 30 |
| verdict or
finding of guilt is entered by the court.
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| (c) Any motion for continuance shall be in writing and | 32 |
| supported by
affidavit and in compliance with Section 114-4 of | 33 |
| the Code of Criminal
Procedure of 1963, and the victim shall be | 34 |
| notified of the date and time of
hearing and shall be provided | 35 |
| an opportunity to address the court on the
impact the |
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| continuance may have on the victim's well-being.
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| (d) A complaint, information or indictment shall not be | 3 |
| quashed or
dismissed, nor shall any person in custody for an | 4 |
| offense be discharged
from custody because of non-compliance | 5 |
| with this Section.
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| (Source: P.A. 87-900.)
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| (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
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| (Text of Section from P.A. 93-475)
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| Sec. 5-6-3. Conditions of Probation and of Conditional | 10 |
| Discharge.
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| (a) The conditions of probation and of conditional | 12 |
| discharge shall be
that the person:
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| (1) not violate any criminal statute of any | 14 |
| jurisdiction;
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| (2) report to or appear in person before such person or | 16 |
| agency as
directed by the court;
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| (3) refrain from possessing a firearm or other | 18 |
| dangerous weapon;
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| (4) not leave the State without the consent of the | 20 |
| court or, in
circumstances in which the reason for the | 21 |
| absence is of such an emergency
nature that prior consent | 22 |
| by the court is not possible, without the prior
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| notification and approval of the person's probation
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| officer. Transfer of a person's probation or conditional | 25 |
| discharge
supervision to another state is subject to | 26 |
| acceptance by the other state
pursuant to the Interstate | 27 |
| Compact for Adult Offender Supervision;
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| (5) permit the probation officer to visit
him at his | 29 |
| home or elsewhere
to the extent necessary to discharge his | 30 |
| duties;
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| (6) perform no less than 30 hours of community service | 32 |
| and not more than
120 hours of community service, if | 33 |
| community service is available in the
jurisdiction and is | 34 |
| funded and approved by the county board where the offense
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| was committed, where the offense was related to or in |
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| furtherance of the
criminal activities of an organized gang | 2 |
| and was motivated by the offender's
membership in or | 3 |
| allegiance to an organized gang. The community service | 4 |
| shall
include, but not be limited to, the cleanup and | 5 |
| repair of any damage caused by
a violation of Section | 6 |
| 21-1.3 of the Criminal Code of 1961 and similar damage
to | 7 |
| property located within the municipality or county in which | 8 |
| the violation
occurred. When possible and reasonable, the | 9 |
| community service should be
performed in the offender's | 10 |
| neighborhood. For purposes of this Section,
"organized | 11 |
| gang" has the meaning ascribed to it in Section 10 of the | 12 |
| Illinois
Streetgang Terrorism Omnibus Prevention Act;
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| (7) if he or she is at least 17 years of age and has | 14 |
| been sentenced to
probation or conditional discharge for a | 15 |
| misdemeanor or felony in a county of
3,000,000 or more | 16 |
| inhabitants and has not been previously convicted of a
| 17 |
| misdemeanor or felony, may be required by the sentencing | 18 |
| court to attend
educational courses designed to prepare the | 19 |
| defendant for a high school diploma
and to work toward a | 20 |
| high school diploma or to work toward passing the high
| 21 |
| school level Test of General Educational Development (GED) | 22 |
| or to work toward
completing a vocational training program | 23 |
| approved by the court. The person on
probation or | 24 |
| conditional discharge must attend a public institution of
| 25 |
| education to obtain the educational or vocational training | 26 |
| required by this
clause (7). The court shall revoke the | 27 |
| probation or conditional discharge of a
person who wilfully | 28 |
| fails to comply with this clause (7). The person on
| 29 |
| probation or conditional discharge shall be required to pay | 30 |
| for the cost of the
educational courses or GED test, if a | 31 |
| fee is charged for those courses or
test. The court shall | 32 |
| resentence the offender whose probation or conditional
| 33 |
| discharge has been revoked as provided in Section 5-6-4. | 34 |
| This clause (7) does
not apply to a person who has a high | 35 |
| school diploma or has successfully passed
the GED test. | 36 |
| This clause (7) does not apply to a person who is |
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| determined by
the court to be developmentally disabled or | 2 |
| otherwise mentally incapable of
completing the educational | 3 |
| or vocational program;
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| (8) if convicted of possession of a substance | 5 |
| prohibited
by the Cannabis Control Act or Illinois | 6 |
| Controlled Substances Act
after a previous conviction or | 7 |
| disposition of supervision for possession of a
substance | 8 |
| prohibited by the Cannabis Control Act or Illinois | 9 |
| Controlled
Substances Act or after a sentence of probation | 10 |
| under Section 10 of the
Cannabis
Control Act or Section 410 | 11 |
| of the Illinois Controlled Substances Act and upon a
| 12 |
| finding by the court that the person is addicted, undergo | 13 |
| treatment at a
substance abuse program approved by the | 14 |
| court; and
| 15 |
| (8.5) if convicted of a felony sex offense as defined | 16 |
| in the Sex
Offender
Management Board Act, the person shall | 17 |
| undergo and successfully complete sex
offender treatment | 18 |
| by a treatment provider approved by the Board and conducted
| 19 |
| in conformance with the standards developed under the Sex
| 20 |
| Offender Management Board Act; and
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| (9) if convicted of a felony, physically surrender at a | 22 |
| time and place
designated by the court, his or her Firearm
| 23 |
| Owner's Identification Card and
any and all firearms in
his | 24 |
| or her possession.
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| (b) The Court may in addition to other reasonable | 26 |
| conditions relating to the
nature of the offense or the | 27 |
| rehabilitation of the defendant as determined for
each | 28 |
| defendant in the proper discretion of the Court require that | 29 |
| the person:
| 30 |
| (1) serve a term of periodic imprisonment under Article | 31 |
| 7 for a
period not to exceed that specified in paragraph | 32 |
| (d) of Section 5-7-1;
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| (2) pay a fine and costs;
| 34 |
| (3) work or pursue a course of study or vocational | 35 |
| training;
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| (4) undergo medical, psychological or psychiatric |
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| treatment; or treatment
for drug addiction or alcoholism;
| 2 |
| (5) attend or reside in a facility established for the | 3 |
| instruction
or residence of defendants on probation;
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| (6) support his dependents;
| 5 |
| (7) and in addition, if a minor:
| 6 |
| (i) reside with his parents or in a foster home;
| 7 |
| (ii) attend school;
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| (iii) attend a non-residential program for youth;
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| (iv) contribute to his own support at home or in a | 10 |
| foster home;
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| (v) with the consent of the superintendent of the
| 12 |
| facility, attend an educational program at a facility | 13 |
| other than the school
in which the
offense was | 14 |
| committed if he
or she is convicted of a crime of | 15 |
| violence as
defined in
Section 2 of the Crime Victims | 16 |
| Compensation Act committed in a school, on the
real
| 17 |
| property
comprising a school, or within 1,000 feet of | 18 |
| the real property comprising a
school;
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| (8) make restitution as provided in Section 5-5-6 of | 20 |
| this Code;
| 21 |
| (9) perform some reasonable public or community | 22 |
| service;
| 23 |
| (10) serve a term of home confinement. In addition to | 24 |
| any other
applicable condition of probation or conditional | 25 |
| discharge, the
conditions of home confinement shall be that | 26 |
| the offender:
| 27 |
| (i) remain within the interior premises of the | 28 |
| place designated for
his confinement during the hours | 29 |
| designated by the court;
| 30 |
| (ii) admit any person or agent designated by the | 31 |
| court into the
offender's place of confinement at any | 32 |
| time for purposes of verifying
the offender's | 33 |
| compliance with the conditions of his confinement; and
| 34 |
| (iii) if further deemed necessary by the court or | 35 |
| the
Probation or
Court Services Department, be placed | 36 |
| on an approved
electronic monitoring device, subject |
|
|
|
HB7057 Enrolled |
- 13 - |
LRB093 18519 RLC 44238 b |
|
| 1 |
| to Article 8A of Chapter V;
| 2 |
| (iv) for persons convicted of any alcohol, | 3 |
| cannabis or controlled
substance violation who are | 4 |
| placed on an approved monitoring device as a
condition | 5 |
| of probation or conditional discharge, the court shall | 6 |
| impose a
reasonable fee for each day of the use of the | 7 |
| device, as established by the
county board in | 8 |
| subsection (g) of this Section, unless after | 9 |
| determining the
inability of the offender to pay the | 10 |
| fee, the court assesses a lesser fee or no
fee as the | 11 |
| case may be. This fee shall be imposed in addition to | 12 |
| the fees
imposed under subsections (g) and (i) of this | 13 |
| Section. The fee shall be
collected by the clerk of the | 14 |
| circuit court. The clerk of the circuit
court shall pay | 15 |
| all monies collected from this fee to the county | 16 |
| treasurer
for deposit in the substance abuse services | 17 |
| fund under Section 5-1086.1 of
the Counties Code; and
| 18 |
| (v) for persons convicted of offenses other than | 19 |
| those referenced in
clause (iv) above and who are | 20 |
| placed on an approved monitoring device as a
condition | 21 |
| of probation or conditional discharge, the court shall | 22 |
| impose
a reasonable fee for each day of the use of the | 23 |
| device, as established by the
county board in | 24 |
| subsection (g) of this Section, unless after | 25 |
| determining the
inability of the defendant to pay the | 26 |
| fee, the court assesses a lesser fee or
no fee as the | 27 |
| case may be. This fee shall be imposed in addition to | 28 |
| the fees
imposed under subsections (g) and (i) of this | 29 |
| Section. The fee
shall be collected by the clerk of the | 30 |
| circuit court. The clerk of the circuit
court shall pay | 31 |
| all monies collected from this fee
to the county | 32 |
| treasurer who shall use the monies collected to defray | 33 |
| the
costs of corrections. The county treasurer shall | 34 |
| deposit the fee
collected in the county working cash | 35 |
| fund under Section 6-27001 or Section
6-29002 of the | 36 |
| Counties Code, as the case may be.
|
|
|
|
HB7057 Enrolled |
- 14 - |
LRB093 18519 RLC 44238 b |
|
| 1 |
| (11) comply with the terms and conditions of an order | 2 |
| of protection issued
by the court pursuant to the Illinois | 3 |
| Domestic Violence Act of 1986,
as now or hereafter amended, | 4 |
| or an order of protection issued by the court of
another | 5 |
| state, tribe, or United States territory. A copy of the | 6 |
| order of
protection shall be
transmitted to the probation | 7 |
| officer or agency
having responsibility for the case;
| 8 |
| (12) reimburse any "local anti-crime program" as | 9 |
| defined in Section 7
of the Anti-Crime Advisory Council Act | 10 |
| for any reasonable expenses incurred
by the program on the | 11 |
| offender's case, not to exceed the maximum amount of
the | 12 |
| fine authorized for the offense for which the defendant was | 13 |
| sentenced;
| 14 |
| (13) contribute a reasonable sum of money, not to | 15 |
| exceed the maximum
amount of the fine authorized for the
| 16 |
| offense for which the defendant was sentenced, to a "local | 17 |
| anti-crime
program", as defined in Section 7 of the | 18 |
| Anti-Crime Advisory Council Act;
| 19 |
| (14) refrain from entering into a designated | 20 |
| geographic area except upon
such terms as the court finds | 21 |
| appropriate. Such terms may include
consideration of the | 22 |
| purpose of the entry, the time of day, other persons
| 23 |
| accompanying the defendant, and advance approval by a
| 24 |
| probation officer, if
the defendant has been placed on | 25 |
| probation or advance approval by the
court, if the | 26 |
| defendant was placed on conditional discharge;
| 27 |
| (15) refrain from having any contact, directly or | 28 |
| indirectly, with
certain specified persons or particular | 29 |
| types of persons, including but not
limited to members of | 30 |
| street gangs and drug users or dealers;
| 31 |
| (16) refrain from having in his or her body the | 32 |
| presence of any illicit
drug prohibited by the Cannabis | 33 |
| Control Act or the Illinois Controlled
Substances Act, | 34 |
| unless prescribed by a physician, and submit samples of
his | 35 |
| or her blood or urine or both for tests to determine the | 36 |
| presence of any
illicit drug.
|
|
|
|
HB7057 Enrolled |
- 15 - |
LRB093 18519 RLC 44238 b |
|
| 1 |
| (c) The court may as a condition of probation or of | 2 |
| conditional
discharge require that a person under 18 years of | 3 |
| age found guilty of any
alcohol, cannabis or controlled | 4 |
| substance violation, refrain from acquiring
a driver's license | 5 |
| during
the period of probation or conditional discharge. If | 6 |
| such person
is in possession of a permit or license, the court | 7 |
| may require that
the minor refrain from driving or operating | 8 |
| any motor vehicle during the
period of probation or conditional | 9 |
| discharge, except as may be necessary in
the course of the | 10 |
| minor's lawful employment.
| 11 |
| (d) An offender sentenced to probation or to conditional | 12 |
| discharge
shall be given a certificate setting forth the | 13 |
| conditions thereof.
| 14 |
| (e) Except where the offender has committed a fourth or | 15 |
| subsequent
violation of subsection (c) of Section 6-303 of the | 16 |
| Illinois Vehicle Code,
the court shall not require as a | 17 |
| condition of the sentence of
probation or conditional discharge | 18 |
| that the offender be committed to a
period of imprisonment in | 19 |
| excess of 6 months.
This 6 month limit shall not include | 20 |
| periods of confinement given pursuant to
a sentence of county | 21 |
| impact incarceration under Section 5-8-1.2.
This 6 month limit | 22 |
| does not apply to a person sentenced to probation as a
result | 23 |
| of a conviction of a fourth or subsequent violation of | 24 |
| subsection (c-4)
of Section 11-501 of the Illinois Vehicle Code | 25 |
| or a similar provision of a
local ordinance.
| 26 |
| Persons committed to imprisonment as a condition of | 27 |
| probation or
conditional discharge shall not be committed to | 28 |
| the Department of
Corrections.
| 29 |
| (f) The court may combine a sentence of periodic | 30 |
| imprisonment under
Article 7 or a sentence to a county impact | 31 |
| incarceration program under
Article 8 with a sentence of | 32 |
| probation or conditional discharge.
| 33 |
| (g) An offender sentenced to probation or to conditional | 34 |
| discharge and
who during the term of either undergoes mandatory | 35 |
| drug or alcohol testing,
or both, or is assigned to be placed | 36 |
| on an approved electronic monitoring
device, shall be ordered |
|
|
|
HB7057 Enrolled |
- 16 - |
LRB093 18519 RLC 44238 b |
|
| 1 |
| to pay all costs incidental to such mandatory drug
or alcohol | 2 |
| testing, or both, and all costs
incidental to such approved | 3 |
| electronic monitoring in accordance with the
defendant's | 4 |
| ability to pay those costs. The county board with
the | 5 |
| concurrence of the Chief Judge of the judicial
circuit in which | 6 |
| the county is located shall establish reasonable fees for
the | 7 |
| cost of maintenance, testing, and incidental expenses related | 8 |
| to the
mandatory drug or alcohol testing, or both, and all | 9 |
| costs incidental to
approved electronic monitoring, involved | 10 |
| in a successful probation program
for the county. The | 11 |
| concurrence of the Chief Judge shall be in the form of
an | 12 |
| administrative order.
The fees shall be collected by the clerk | 13 |
| of the circuit court. The clerk of
the circuit court shall pay | 14 |
| all moneys collected from these fees to the county
treasurer | 15 |
| who shall use the moneys collected to defray the costs of
drug | 16 |
| testing, alcohol testing, and electronic monitoring.
The | 17 |
| county treasurer shall deposit the fees collected in the
county | 18 |
| working cash fund under Section 6-27001 or Section 6-29002 of | 19 |
| the
Counties Code, as the case may be.
| 20 |
| (h) Jurisdiction over an offender may be transferred from | 21 |
| the
sentencing court to the court of another circuit with the | 22 |
| concurrence of
both courts. Further transfers or retransfers of
| 23 |
| jurisdiction are also
authorized in the same manner. The court | 24 |
| to which jurisdiction has been
transferred shall have the same | 25 |
| powers as the sentencing court.
| 26 |
| (i) The court shall impose upon an offender
sentenced to | 27 |
| probation after January 1, 1989 or to conditional discharge
| 28 |
| after January 1, 1992 or to community service under the | 29 |
| supervision of a
probation or court services department after | 30 |
| January 1, 2004, as a condition
of such probation or | 31 |
| conditional
discharge
or supervised community service, a fee of | 32 |
| $50 for each month of probation or
conditional
discharge | 33 |
| supervision or supervised community service ordered by the | 34 |
| court,
unless after
determining the inability of the person | 35 |
| sentenced to probation or conditional
discharge or supervised | 36 |
| community service to pay the
fee, the court assesses a lesser |
|
|
|
HB7057 Enrolled |
- 17 - |
LRB093 18519 RLC 44238 b |
|
| 1 |
| fee. The court may not impose the fee on a
minor who is made a | 2 |
| ward of the State under the Juvenile Court Act of 1987
while | 3 |
| the minor is in placement.
The fee shall be imposed only upon
| 4 |
| an offender who is actively supervised by the
probation and | 5 |
| court services
department. The fee shall be collected by the | 6 |
| clerk
of the circuit court. The clerk of the circuit court | 7 |
| shall pay all monies
collected from this fee to the county | 8 |
| treasurer for deposit in the
probation and court services fund | 9 |
| under Section 15.1 of the
Probation and Probation Officers Act.
| 10 |
| A circuit court may not impose a probation fee under this | 11 |
| subsection (i) in excess of $25
per month unless: (1) the | 12 |
| circuit court has adopted, by administrative
order issued by | 13 |
| the chief judge, a standard probation fee guide
determining an | 14 |
| offender's ability to pay, under guidelines developed by
the | 15 |
| Administrative
Office of the Illinois Courts; and (2) the | 16 |
| circuit court has authorized, by
administrative order issued by | 17 |
| the chief judge, the creation of a Crime
Victim's Services | 18 |
| Fund, to be administered by the Chief Judge or his or
her | 19 |
| designee, for services to crime victims and their families. Of | 20 |
| the
amount collected as a probation fee, up to
not to exceed $5 | 21 |
| of that fee
collected per month may be used to provide services | 22 |
| to crime victims
and their families. | 23 |
| This amendatory Act of the 93rd General Assembly deletes | 24 |
| the $10 increase in the fee under this subsection that was | 25 |
| imposed by Public Act 93-616. This deletion is intended to | 26 |
| control over any other Act of the 93rd General Assembly that | 27 |
| retains or incorporates that fee increase.
| 28 |
| (i-5) In addition to the fees imposed under subsection (i) | 29 |
| of this Section, in the case of an offender convicted of a | 30 |
| felony sex offense (as defined in the Sex Offender Management | 31 |
| Board Act) or an offense that the court or probation department | 32 |
| has determined to be sexually motivated (as defined in the Sex | 33 |
| Offender Management Board Act), the court or the probation | 34 |
| department shall assess additional fees to pay for all costs of | 35 |
| treatment, assessment, evaluation for risk and treatment, and | 36 |
| monitoring the offender, based on that offender's ability to |
|
|
|
HB7057 Enrolled |
- 18 - |
LRB093 18519 RLC 44238 b |
|
| 1 |
| pay those costs either as they occur or under a payment plan.
| 2 |
| (j) All fines and costs imposed under this Section for any | 3 |
| violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 4 |
| Code, or a similar
provision of a local ordinance, and any | 5 |
| violation of the Child Passenger
Protection Act, or a similar | 6 |
| provision of a local ordinance, shall be
collected and | 7 |
| disbursed by the circuit clerk as provided under Section 27.5
| 8 |
| of the Clerks of Courts Act.
| 9 |
| (k) Any offender who is sentenced to probation or | 10 |
| conditional discharge for a felony sex offense as defined in | 11 |
| the Sex Offender Management Board Act or any offense that the | 12 |
| court or probation department has determined to be sexually | 13 |
| motivated as defined in the Sex Offender Management Board Act | 14 |
| shall be required to refrain from any contact, directly or | 15 |
| indirectly, with any persons specified by the court and shall | 16 |
| be available for all evaluations and treatment programs | 17 |
| required by the court or the probation department.
| 18 |
| (Source: P.A. 92-282, eff. 8-7-01; 92-340, eff. 8-10-01; | 19 |
| 92-418, eff.
8-17-01;
92-442, eff. 8-17-01; 92-571, eff. | 20 |
| 6-26-02; 92-651, eff. 7-11-02; 93-475, eff.
8-8-03.)
| 21 |
| (Text of Section from P.A. 93-616) | 22 |
| Sec. 5-6-3. Conditions of Probation and of Conditional | 23 |
| Discharge.
| 24 |
| (a) The conditions of probation and of conditional | 25 |
| discharge shall be
that the person:
| 26 |
| (1) not violate any criminal statute of any | 27 |
| jurisdiction;
| 28 |
| (2) report to or appear in person before such person or | 29 |
| agency as
directed by the court;
| 30 |
| (3) refrain from possessing a firearm or other | 31 |
| dangerous weapon;
| 32 |
| (4) not leave the State without the consent of the | 33 |
| court or, in
circumstances in which the reason for the | 34 |
| absence is of such an emergency
nature that prior consent | 35 |
| by the court is not possible, without the prior
|
|
|
|
HB7057 Enrolled |
- 19 - |
LRB093 18519 RLC 44238 b |
|
| 1 |
| notification and approval of the person's probation
| 2 |
| officer. Transfer of a person's probation or conditional | 3 |
| discharge
supervision to another state is subject to | 4 |
| acceptance by the other state
pursuant to the Interstate | 5 |
| Compact for Adult Offender Supervision;
| 6 |
| (5) permit the probation officer to visit
him at his | 7 |
| home or elsewhere
to the extent necessary to discharge his | 8 |
| duties;
| 9 |
| (6) perform no less than 30 hours of community service | 10 |
| and not more than
120 hours of community service, if | 11 |
| community service is available in the
jurisdiction and is | 12 |
| funded and approved by the county board where the offense
| 13 |
| was committed, where the offense was related to or in | 14 |
| furtherance of the
criminal activities of an organized gang | 15 |
| and was motivated by the offender's
membership in or | 16 |
| allegiance to an organized gang. The community service | 17 |
| shall
include, but not be limited to, the cleanup and | 18 |
| repair of any damage caused by
a violation of Section | 19 |
| 21-1.3 of the Criminal Code of 1961 and similar damage
to | 20 |
| property located within the municipality or county in which | 21 |
| the violation
occurred. When possible and reasonable, the | 22 |
| community service should be
performed in the offender's | 23 |
| neighborhood. For purposes of this Section,
"organized | 24 |
| gang" has the meaning ascribed to it in Section 10 of the | 25 |
| Illinois
Streetgang Terrorism Omnibus Prevention Act;
| 26 |
| (7) if he or she is at least 17 years of age and has | 27 |
| been sentenced to
probation or conditional discharge for a | 28 |
| misdemeanor or felony in a county of
3,000,000 or more | 29 |
| inhabitants and has not been previously convicted of a
| 30 |
| misdemeanor or felony, may be required by the sentencing | 31 |
| court to attend
educational courses designed to prepare the | 32 |
| defendant for a high school diploma
and to work toward a | 33 |
| high school diploma or to work toward passing the high
| 34 |
| school level Test of General Educational Development (GED) | 35 |
| or to work toward
completing a vocational training program | 36 |
| approved by the court. The person on
probation or |
|
|
|
HB7057 Enrolled |
- 20 - |
LRB093 18519 RLC 44238 b |
|
| 1 |
| conditional discharge must attend a public institution of
| 2 |
| education to obtain the educational or vocational training | 3 |
| required by this
clause (7). The court shall revoke the | 4 |
| probation or conditional discharge of a
person who wilfully | 5 |
| fails to comply with this clause (7). The person on
| 6 |
| probation or conditional discharge shall be required to pay | 7 |
| for the cost of the
educational courses or GED test, if a | 8 |
| fee is charged for those courses or
test. The court shall | 9 |
| resentence the offender whose probation or conditional
| 10 |
| discharge has been revoked as provided in Section 5-6-4. | 11 |
| This clause (7) does
not apply to a person who has a high | 12 |
| school diploma or has successfully passed
the GED test. | 13 |
| This clause (7) does not apply to a person who is | 14 |
| determined by
the court to be developmentally disabled or | 15 |
| otherwise mentally incapable of
completing the educational | 16 |
| or vocational program;
| 17 |
| (8) if convicted of possession of a substance | 18 |
| prohibited
by the Cannabis Control Act or Illinois | 19 |
| Controlled Substances Act
after a previous conviction or | 20 |
| disposition of supervision for possession of a
substance | 21 |
| prohibited by the Cannabis Control Act or Illinois | 22 |
| Controlled
Substances Act or after a sentence of probation | 23 |
| under Section 10 of the
Cannabis
Control Act or Section 410 | 24 |
| of the Illinois Controlled Substances Act and upon a
| 25 |
| finding by the court that the person is addicted, undergo | 26 |
| treatment at a
substance abuse program approved by the | 27 |
| court;
| 28 |
| (8.5) if convicted of a felony sex offense as defined | 29 |
| in the Sex
Offender
Management Board Act, the person shall | 30 |
| undergo and successfully complete sex
offender treatment | 31 |
| by a treatment provider approved by the Board and conducted
| 32 |
| in conformance with the standards developed under the Sex
| 33 |
| Offender Management Board Act; and
| 34 |
| (9) if convicted of a felony, physically surrender at a | 35 |
| time and place
designated by the court, his or her Firearm
| 36 |
| Owner's Identification Card and
any and all firearms in
his |
|
|
|
HB7057 Enrolled |
- 21 - |
LRB093 18519 RLC 44238 b |
|
| 1 |
| or her possession.
| 2 |
| (b) The Court may in addition to other reasonable | 3 |
| conditions relating to the
nature of the offense or the | 4 |
| rehabilitation of the defendant as determined for
each | 5 |
| defendant in the proper discretion of the Court require that | 6 |
| the 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 | 27 |
| committed if he
or she is convicted of a crime of | 28 |
| violence as
defined in
Section 2 of the Crime Victims | 29 |
| Compensation Act committed in a school, on the
real
| 30 |
| property
comprising a school, or within 1,000 feet of | 31 |
| the real property comprising a
school;
| 32 |
| (8) make restitution as provided in Section 5-5-6 of | 33 |
| this Code;
| 34 |
| (9) perform some reasonable public or community | 35 |
| service;
| 36 |
| (10) serve a term of home confinement. In addition to |
|
|
|
HB7057 Enrolled |
- 22 - |
LRB093 18519 RLC 44238 b |
|
| 1 |
| any other
applicable condition of probation or conditional | 2 |
| discharge, the
conditions of home confinement shall be that | 3 |
| the offender:
| 4 |
| (i) remain within the interior premises of the | 5 |
| place designated for
his confinement during the hours | 6 |
| designated by the court;
| 7 |
| (ii) admit any person or agent designated by the | 8 |
| court into the
offender's place of confinement at any | 9 |
| time for purposes of verifying
the offender's | 10 |
| compliance with the conditions of his confinement; and
| 11 |
| (iii) if further deemed necessary by the court or | 12 |
| the
Probation or
Court Services Department, be placed | 13 |
| on an approved
electronic monitoring device, subject | 14 |
| to Article 8A of Chapter V;
| 15 |
| (iv) for persons convicted of any alcohol, | 16 |
| cannabis or controlled
substance violation who are | 17 |
| placed on an approved monitoring device as a
condition | 18 |
| of probation or conditional discharge, the court shall | 19 |
| impose a
reasonable fee for each day of the use of the | 20 |
| device, as established by the
county board in | 21 |
| subsection (g) of this Section, unless after | 22 |
| determining the
inability of the offender to pay the | 23 |
| fee, the court assesses a lesser fee or no
fee as the | 24 |
| case may be. This fee shall be imposed in addition to | 25 |
| the fees
imposed under subsections (g) and (i) of this | 26 |
| Section. The fee shall be
collected by the clerk of the | 27 |
| circuit court. The clerk of the circuit
court shall pay | 28 |
| all monies collected from this fee to the county | 29 |
| treasurer
for deposit in the substance abuse services | 30 |
| fund under Section 5-1086.1 of
the Counties Code; and
| 31 |
| (v) for persons convicted of offenses other than | 32 |
| those referenced in
clause (iv) above and who are | 33 |
| placed on an approved monitoring device as a
condition | 34 |
| of probation or conditional discharge, the court shall | 35 |
| impose
a reasonable fee for each day of the use of the | 36 |
| device, as established by the
county board in |
|
|
|
HB7057 Enrolled |
- 23 - |
LRB093 18519 RLC 44238 b |
|
| 1 |
| subsection (g) of this Section, unless after | 2 |
| determining the
inability of the defendant to pay the | 3 |
| fee, the court assesses a lesser fee or
no fee as the | 4 |
| case may be. This fee shall be imposed in addition to | 5 |
| the fees
imposed under subsections (g) and (i) of this | 6 |
| Section. The fee
shall be collected by the clerk of the | 7 |
| circuit court. The clerk of the circuit
court shall pay | 8 |
| all monies collected from this fee
to the county | 9 |
| treasurer who shall use the monies collected to defray | 10 |
| the
costs of corrections. The county treasurer shall | 11 |
| deposit the fee
collected in the county working cash | 12 |
| fund under Section 6-27001 or Section
6-29002 of the | 13 |
| Counties Code, as the case may be.
| 14 |
| (11) comply with the terms and conditions of an order | 15 |
| of protection issued
by the court pursuant to the Illinois | 16 |
| Domestic Violence Act of 1986,
as now or hereafter amended, | 17 |
| or an order of protection issued by the court of
another | 18 |
| state, tribe, or United States territory. A copy of the | 19 |
| order of
protection shall be
transmitted to the probation | 20 |
| officer or agency
having responsibility for the case;
| 21 |
| (12) reimburse any "local anti-crime program" as | 22 |
| defined in Section 7
of the Anti-Crime Advisory Council Act | 23 |
| for any reasonable expenses incurred
by the program on the | 24 |
| offender's case, not to exceed the maximum amount of
the | 25 |
| fine authorized for the offense for which the defendant was | 26 |
| sentenced;
| 27 |
| (13) contribute a reasonable sum of money, not to | 28 |
| exceed the maximum
amount of the fine authorized for the
| 29 |
| offense for which the defendant was sentenced, to a "local | 30 |
| anti-crime
program", as defined in Section 7 of the | 31 |
| Anti-Crime Advisory Council Act;
| 32 |
| (14) refrain from entering into a designated | 33 |
| geographic area except upon
such terms as the court finds | 34 |
| appropriate. Such terms may include
consideration of the | 35 |
| purpose of the entry, the time of day, other persons
| 36 |
| accompanying the defendant, and advance approval by a
|
|
|
|
HB7057 Enrolled |
- 24 - |
LRB093 18519 RLC 44238 b |
|
| 1 |
| probation officer, if
the defendant has been placed on | 2 |
| probation or advance approval by the
court, if the | 3 |
| defendant was placed on conditional discharge;
| 4 |
| (15) refrain from having any contact, directly or | 5 |
| indirectly, with
certain specified persons or particular | 6 |
| types of persons, including but not
limited to members of | 7 |
| street gangs and drug users or dealers;
| 8 |
| (16) refrain from having in his or her body the | 9 |
| presence of any illicit
drug prohibited by the Cannabis | 10 |
| Control Act or the Illinois Controlled
Substances Act, | 11 |
| unless prescribed by a physician, and submit samples of
his | 12 |
| or her blood or urine or both for tests to determine the | 13 |
| presence of any
illicit drug.
| 14 |
| (c) The court may as a condition of probation or of | 15 |
| conditional
discharge require that a person under 18 years of | 16 |
| age found guilty of any
alcohol, cannabis or controlled | 17 |
| substance violation, refrain from acquiring
a driver's license | 18 |
| during
the period of probation or conditional discharge. If | 19 |
| such person
is in possession of a permit or license, the court | 20 |
| may require that
the minor refrain from driving or operating | 21 |
| any motor vehicle during the
period of probation or conditional | 22 |
| discharge, except as may be necessary in
the course of the | 23 |
| minor's lawful employment.
| 24 |
| (d) An offender sentenced to probation or to conditional | 25 |
| discharge
shall be given a certificate setting forth the | 26 |
| conditions thereof.
| 27 |
| (e) Except where the offender has committed a fourth or | 28 |
| subsequent
violation of subsection (c) of Section 6-303 of the | 29 |
| Illinois Vehicle Code,
the court shall not require as a | 30 |
| condition of the sentence of
probation or conditional discharge | 31 |
| that the offender be committed to a
period of imprisonment in | 32 |
| excess of 6 months.
This 6 month limit shall not include | 33 |
| periods of confinement given pursuant to
a sentence of county | 34 |
| impact incarceration under Section 5-8-1.2.
This 6 month limit | 35 |
| does not apply to a person sentenced to probation as a
result | 36 |
| of a conviction of a fourth or subsequent violation of |
|
|
|
HB7057 Enrolled |
- 25 - |
LRB093 18519 RLC 44238 b |
|
| 1 |
| subsection (c-4)
of Section 11-501 of the Illinois Vehicle Code | 2 |
| or a similar provision of a
local ordinance.
| 3 |
| Persons committed to imprisonment as a condition of | 4 |
| probation or
conditional discharge shall not be committed to | 5 |
| the Department of
Corrections.
| 6 |
| (f) The court may combine a sentence of periodic | 7 |
| imprisonment under
Article 7 or a sentence to a county impact | 8 |
| incarceration program under
Article 8 with a sentence of | 9 |
| probation or conditional discharge.
| 10 |
| (g) An offender sentenced to probation or to conditional | 11 |
| discharge and
who during the term of either undergoes mandatory | 12 |
| drug or alcohol testing,
or both, or is assigned to be placed | 13 |
| on an approved electronic monitoring
device, shall be ordered | 14 |
| to pay all costs incidental to such mandatory drug
or alcohol | 15 |
| testing, or both, and all costs
incidental to such approved | 16 |
| electronic monitoring in accordance with the
defendant's | 17 |
| ability to pay those costs. The county board with
the | 18 |
| concurrence of the Chief Judge of the judicial
circuit in which | 19 |
| the county is located shall establish reasonable fees for
the | 20 |
| cost of maintenance, testing, and incidental expenses related | 21 |
| to the
mandatory drug or alcohol testing, or both, and all | 22 |
| costs incidental to
approved electronic monitoring, involved | 23 |
| in a successful probation program
for the county. The | 24 |
| concurrence of the Chief Judge shall be in the form of
an | 25 |
| administrative order.
The fees shall be collected by the clerk | 26 |
| of the circuit court. The clerk of
the circuit court shall pay | 27 |
| all moneys collected from these fees to the county
treasurer | 28 |
| who shall use the moneys collected to defray the costs of
drug | 29 |
| testing, alcohol testing, and electronic monitoring.
The | 30 |
| county treasurer shall deposit the fees collected in the
county | 31 |
| working cash fund under Section 6-27001 or Section 6-29002 of | 32 |
| the
Counties Code, as the case may be.
| 33 |
| (h) Jurisdiction over an offender may be transferred from | 34 |
| the
sentencing court to the court of another circuit with the | 35 |
| concurrence of
both courts. Further transfers or retransfers of
| 36 |
| jurisdiction are also
authorized in the same manner. The court |
|
|
|
HB7057 Enrolled |
- 26 - |
LRB093 18519 RLC 44238 b |
|
| 1 |
| to which jurisdiction has been
transferred shall have the same | 2 |
| powers as the sentencing court.
| 3 |
| (i) The court shall impose upon an offender
sentenced to | 4 |
| probation after January 1, 1989 or to conditional discharge
| 5 |
| after January 1, 1992 or to community service under the | 6 |
| supervision of a
probation or court services department after | 7 |
| January 1, 2004 , as a condition of such probation or | 8 |
| conditional
discharge or supervised community service , a fee of | 9 |
| $50
$35
for each month of probation or
conditional
discharge | 10 |
| supervision or supervised community service ordered by the | 11 |
| court, unless after
determining the inability of the person | 12 |
| sentenced to probation or conditional
discharge or supervised | 13 |
| community service to pay the
fee, the court assesses a lesser | 14 |
| fee. The court may not impose the fee on a
minor who is made a | 15 |
| ward of the State under the Juvenile Court Act of 1987
while | 16 |
| the minor is in placement.
The fee shall be imposed only upon
| 17 |
| an offender who is actively supervised by the
probation and | 18 |
| court services
department. The fee shall be collected by the | 19 |
| clerk
of the circuit court. The clerk of the circuit court | 20 |
| shall pay all monies
deposit the first
$25
collected from this | 21 |
| fee to the county treasurer for deposit in the
probation and | 22 |
| court services fund under Section 15.1 of the
Probation and | 23 |
| Probation Officers Act.
| 24 |
| A circuit court may not impose a probation fee under this | 25 |
| subsection (i) in excess of $25
per month unless: (1) the | 26 |
| circuit court has adopted, by administrative
order issued by | 27 |
| the chief judge, a standard probation fee guide
determining an | 28 |
| offender's ability to pay, under guidelines developed by
the | 29 |
| Administrative
Office of the Illinois Courts; and (2) the | 30 |
| circuit court has authorized, by
administrative order issued by | 31 |
| the chief judge, the creation of a Crime
Victim's Services | 32 |
| Fund, to be administered by the Chief Judge or his or
her | 33 |
| designee, for services to crime victims and their families. Of | 34 |
| the
amount collected as a probation fee, up to $5 of that fee
| 35 |
| collected per month may be used to provide services to crime | 36 |
| victims
and their families.
|
|
|
|
HB7057 Enrolled |
- 27 - |
LRB093 18519 RLC 44238 b |
|
| 1 |
| This amendatory Act of the 93rd General Assembly deletes | 2 |
| the $10 increase in the fee under this subsection that was | 3 |
| imposed by Public Act 93-616. This deletion is intended to | 4 |
| control over any other Act of the 93rd General Assembly that | 5 |
| retains or incorporates that fee increase.
The clerk of the | 6 |
| court shall deposit $10 collected from this fee into the Sex
| 7 |
| Offender Management Board Fund under Section 19 of the Sex | 8 |
| Offender Management
Board Act. Money deposited into the Sex | 9 |
| Offender Management Board Fund shall
be administered by the Sex | 10 |
| Offender Management Board and be used to fund
practices | 11 |
| endorsed or required under the Sex Offender Management Board | 12 |
| Act,
including but not limited to sex offender evaluation, | 13 |
| treatment, and
monitoring programs that are or may be developed | 14 |
| by the agency providing
supervision, the Department of | 15 |
| Corrections or the Department of Human
Services. This Fund | 16 |
| shall also be used for administrative costs, including
staff, | 17 |
| incurred by the Board. | 18 |
| (i-5) In addition to the fees imposed under subsection (i) | 19 |
| of this Section, in the case of an offender convicted of a | 20 |
| felony sex offense (as defined in the Sex Offender Management | 21 |
| Board Act) or an offense that the court or probation department | 22 |
| has determined to be sexually motivated (as defined in the Sex | 23 |
| Offender Management Board Act), the court or the probation | 24 |
| department shall assess additional fees to pay for all costs of | 25 |
| treatment, assessment, evaluation for risk and treatment, and | 26 |
| monitoring the offender, based on that offender's ability to | 27 |
| pay those costs either as they occur or under a payment plan. | 28 |
| (j) All fines and costs imposed under this Section for any | 29 |
| violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 30 |
| Code, or a similar
provision of a local ordinance, and any | 31 |
| violation of the Child Passenger
Protection Act, or a similar | 32 |
| provision of a local ordinance, shall be
collected and | 33 |
| disbursed by the circuit clerk as provided under Section 27.5
| 34 |
| of the Clerks of Courts Act.
| 35 |
| (k) Any offender who is sentenced to probation or | 36 |
| conditional discharge for a felony sex offense as defined in |
|
|
|
HB7057 Enrolled |
- 28 - |
LRB093 18519 RLC 44238 b |
|
| 1 |
| the Sex Offender Management Board Act or any offense that the | 2 |
| court or probation department has determined to be sexually | 3 |
| motivated as defined in the Sex Offender Management Board Act | 4 |
| shall be required to refrain from any contact, directly or | 5 |
| indirectly, with any persons specified by the court and shall | 6 |
| be available for all evaluations and treatment programs | 7 |
| required by the court or the probation department.
| 8 |
| (Source: P.A. 92-282, eff. 8-7-01; 92-340, eff. 8-10-01; | 9 |
| 92-418, eff. 8-17-01; 92-442, eff. 8-17-01; 92-571, eff. | 10 |
| 6-26-02; 92-651, eff. 7-11-02; 93-616, eff. 1-1-04.)
| 11 |
| (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
| 12 |
| Sec. 5-6-3.1. Incidents and Conditions of Supervision.
| 13 |
| (a) When a defendant is placed on supervision, the court | 14 |
| shall enter
an order for supervision specifying the period of | 15 |
| such supervision, and
shall defer further proceedings in the | 16 |
| case until the conclusion of the
period.
| 17 |
| (b) The period of supervision shall be reasonable under all | 18 |
| of the
circumstances of the case, but may not be longer than 2 | 19 |
| years, unless the
defendant has failed to pay the assessment | 20 |
| required by Section 10.3 of the
Cannabis Control Act or Section | 21 |
| 411.2 of the Illinois Controlled
Substances Act, in which case | 22 |
| the court may extend supervision beyond 2 years.
Additionally, | 23 |
| the court shall order the defendant to perform no less than 30
| 24 |
| hours of community service and not more than 120 hours of | 25 |
| community service, if
community service is available in the
| 26 |
| jurisdiction and is funded and approved by the county board | 27 |
| where the offense
was committed,
when the offense (1) was
| 28 |
| related to or in furtherance of the criminal activities of an | 29 |
| organized gang or
was motivated by the defendant's membership | 30 |
| in or allegiance to an organized
gang; or (2) is a violation of | 31 |
| any Section of Article 24 of the Criminal
Code of 1961 where a | 32 |
| disposition of supervision is not prohibited by Section
5-6-1 | 33 |
| of this Code.
The
community service shall include, but not be | 34 |
| limited to, the cleanup and repair
of any damage caused by | 35 |
| violation of Section 21-1.3 of the Criminal Code of
1961 and |
|
|
|
HB7057 Enrolled |
- 29 - |
LRB093 18519 RLC 44238 b |
|
| 1 |
| similar damages to property located within the municipality or | 2 |
| county
in which the violation occurred. Where possible and | 3 |
| reasonable, the community
service should be performed in the | 4 |
| offender's neighborhood.
| 5 |
| For the purposes of this
Section, "organized gang" has the | 6 |
| meaning ascribed to it in Section 10 of the
Illinois Streetgang | 7 |
| Terrorism Omnibus Prevention Act.
| 8 |
| (c) The court may in addition to other reasonable | 9 |
| conditions
relating to the nature of the offense or the | 10 |
| rehabilitation of the
defendant as determined for each | 11 |
| defendant in the proper discretion of
the court require that | 12 |
| the person:
| 13 |
| (1) make a report to and appear in person before or | 14 |
| participate with
the court or such courts, person, or | 15 |
| social service agency as directed
by the court in the order | 16 |
| of supervision;
| 17 |
| (2) pay a fine and costs;
| 18 |
| (3) work or pursue a course of study or vocational | 19 |
| training;
| 20 |
| (4) undergo medical, psychological or psychiatric | 21 |
| treatment; or
treatment for drug addiction or alcoholism;
| 22 |
| (5) attend or reside in a facility established for the | 23 |
| instruction
or residence of defendants on probation;
| 24 |
| (6) support his dependents;
| 25 |
| (7) refrain from possessing a firearm or other | 26 |
| dangerous weapon;
| 27 |
| (8) and in addition, if a minor:
| 28 |
| (i) reside with his parents or in a foster home;
| 29 |
| (ii) attend school;
| 30 |
| (iii) attend a non-residential program for youth;
| 31 |
| (iv) contribute to his own support at home or in a | 32 |
| foster home; or
| 33 |
| (v) with the consent of the superintendent of the
| 34 |
| facility, attend an educational program at a facility | 35 |
| other than the school
in which the
offense was | 36 |
| committed if he
or she is placed on supervision for a |
|
|
|
HB7057 Enrolled |
- 30 - |
LRB093 18519 RLC 44238 b |
|
| 1 |
| crime of violence as
defined in
Section 2 of the Crime | 2 |
| Victims Compensation Act committed in a school, on the
| 3 |
| real
property
comprising a school, or within 1,000 feet | 4 |
| of the real property comprising a
school;
| 5 |
| (9) make restitution or reparation in an amount not to | 6 |
| exceed actual
loss or damage to property and pecuniary loss | 7 |
| or make restitution under Section
5-5-6 to a domestic | 8 |
| violence shelter. The court shall
determine the amount and | 9 |
| conditions of payment;
| 10 |
| (10) perform some reasonable public or community | 11 |
| service;
| 12 |
| (11) comply with the terms and conditions of an order | 13 |
| of protection
issued by the court pursuant to the Illinois | 14 |
| Domestic Violence Act of 1986 or
an order of protection | 15 |
| issued by the court of another state, tribe, or United
| 16 |
| States territory.
If the court has ordered the defendant to | 17 |
| make a report and appear in
person under paragraph (1) of | 18 |
| this subsection, a copy of the order of
protection shall be | 19 |
| transmitted to the person or agency so designated
by the | 20 |
| court;
| 21 |
| (12) reimburse any "local anti-crime program" as | 22 |
| defined in Section 7 of
the Anti-Crime Advisory Council Act | 23 |
| for any reasonable expenses incurred by the
program on the | 24 |
| offender's case, not to exceed the maximum amount of the
| 25 |
| fine authorized for the offense for which the defendant was | 26 |
| sentenced;
| 27 |
| (13) contribute a reasonable sum of money, not to
| 28 |
| exceed the maximum amount of the fine authorized for the | 29 |
| offense for which
the defendant was sentenced, to a "local | 30 |
| anti-crime program", as defined
in Section 7 of the | 31 |
| Anti-Crime Advisory Council Act;
| 32 |
| (14) refrain from entering into a designated | 33 |
| geographic area except
upon such terms as the court finds | 34 |
| appropriate. Such terms may include
consideration of the | 35 |
| purpose of the entry, the time of day, other persons
| 36 |
| accompanying the defendant, and advance approval by a |
|
|
|
HB7057 Enrolled |
- 31 - |
LRB093 18519 RLC 44238 b |
|
| 1 |
| probation officer;
| 2 |
| (15) refrain from having any contact, directly or | 3 |
| indirectly, with
certain specified persons or particular | 4 |
| types of person, including but not
limited to members of | 5 |
| street gangs and drug users or dealers;
| 6 |
| (16) refrain from having in his or her body the | 7 |
| presence of any illicit
drug prohibited by the Cannabis | 8 |
| Control Act or the Illinois Controlled
Substances Act, | 9 |
| unless prescribed by a physician, and submit samples of
his | 10 |
| or her blood or urine or both for tests to determine the | 11 |
| presence of any
illicit drug;
| 12 |
| (17) refrain from operating any motor vehicle not | 13 |
| equipped with an
ignition interlock device as defined in | 14 |
| Section 1-129.1 of the Illinois
Vehicle Code. Under this | 15 |
| condition the court may allow a defendant who is not
| 16 |
| self-employed to operate a vehicle owned by the defendant's | 17 |
| employer that is
not equipped with an ignition interlock | 18 |
| device in the course and scope of the
defendant's | 19 |
| employment.
| 20 |
| (d) The court shall defer entering any judgment on the | 21 |
| charges
until the conclusion of the supervision.
| 22 |
| (e) At the conclusion of the period of supervision, if the | 23 |
| court
determines that the defendant has successfully complied | 24 |
| with all of the
conditions of supervision, the court shall | 25 |
| discharge the defendant and
enter a judgment dismissing the | 26 |
| charges.
| 27 |
| (f) Discharge and dismissal upon a successful conclusion of | 28 |
| a
disposition of supervision shall be deemed without | 29 |
| adjudication of guilt
and shall not be termed a conviction for | 30 |
| purposes of disqualification or
disabilities imposed by law | 31 |
| upon conviction of a crime. Two years after the
discharge and | 32 |
| dismissal under this Section, unless the disposition of
| 33 |
| supervision was for a violation of Sections 3-707, 3-708, | 34 |
| 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | 35 |
| similar
provision of a local ordinance, or for a violation of | 36 |
| Sections 12-3.2
or 16A-3 of the Criminal Code of 1961, in which |
|
|
|
HB7057 Enrolled |
- 32 - |
LRB093 18519 RLC 44238 b |
|
| 1 |
| case it shall be 5
years after discharge and dismissal, a | 2 |
| person may have his record
of arrest sealed or expunged as may | 3 |
| be provided by law. However, any
defendant placed on | 4 |
| supervision before January 1, 1980, may move for
sealing or | 5 |
| expungement of his arrest record, as provided by law, at any
| 6 |
| time after discharge and dismissal under this Section.
A person | 7 |
| placed on supervision for a sexual offense committed against a | 8 |
| minor
as defined in subsection (g) of Section 5 of the Criminal | 9 |
| Identification Act
or for a violation of Section 11-501 of the | 10 |
| Illinois Vehicle Code or a
similar provision of a local | 11 |
| ordinance
shall not have his or her record of arrest sealed or | 12 |
| expunged.
| 13 |
| (g) A defendant placed on supervision and who during the | 14 |
| period of
supervision undergoes mandatory drug or alcohol | 15 |
| testing, or both, or is
assigned to be placed on an approved | 16 |
| electronic monitoring device, shall be
ordered to pay the costs | 17 |
| incidental to such mandatory drug or alcohol
testing, or both, | 18 |
| and costs incidental to such approved electronic
monitoring in | 19 |
| accordance with the defendant's ability to pay those costs.
The | 20 |
| county board with the concurrence of the Chief Judge of the | 21 |
| judicial
circuit in which the county is located shall establish | 22 |
| reasonable fees for
the cost of maintenance, testing, and | 23 |
| incidental expenses related to the
mandatory drug or alcohol | 24 |
| testing, or both, and all costs incidental to
approved | 25 |
| electronic monitoring, of all defendants placed on | 26 |
| supervision.
The concurrence of the Chief Judge shall be in the | 27 |
| form of an
administrative order.
The fees shall be collected by | 28 |
| the clerk of the circuit court. The clerk of
the circuit court | 29 |
| shall pay all moneys collected from these fees to the county
| 30 |
| treasurer who shall use the moneys collected to defray the | 31 |
| costs of
drug testing, alcohol testing, and electronic | 32 |
| monitoring.
The county treasurer shall deposit the fees | 33 |
| collected in the
county working cash fund under Section 6-27001 | 34 |
| or Section 6-29002 of the
Counties Code, as the case may be.
| 35 |
| (h) A disposition of supervision is a final order for the | 36 |
| purposes
of appeal.
|
|
|
|
HB7057 Enrolled |
- 33 - |
LRB093 18519 RLC 44238 b |
|
| 1 |
| (i) The court shall impose upon a defendant placed on | 2 |
| supervision
after January 1, 1992 or to community service under | 3 |
| the supervision of a
probation or court services department | 4 |
| after January 1, 2004, as a condition
of supervision or | 5 |
| supervised community service, a fee of $50 for
each month of | 6 |
| supervision or supervised community service ordered by the
| 7 |
| court, unless after
determining the inability of the person | 8 |
| placed on supervision or supervised
community service to pay | 9 |
| the
fee, the court assesses a lesser fee. The court may not | 10 |
| impose the fee on a
minor who is made a ward of the State under | 11 |
| the Juvenile Court Act of 1987
while the minor is in placement.
| 12 |
| The fee shall be imposed only upon a
defendant who is actively | 13 |
| supervised by the
probation and court services
department. The | 14 |
| fee shall be collected by the clerk of the circuit court.
The | 15 |
| clerk of the circuit court shall pay all monies collected from | 16 |
| this fee
to the county treasurer for deposit in the probation | 17 |
| and court services
fund pursuant to Section 15.1 of the | 18 |
| Probation and
Probation Officers Act.
| 19 |
| A circuit court may not impose a probation fee in excess of | 20 |
| $25
per month unless: (1) the circuit court has adopted, by | 21 |
| administrative
order issued by the chief judge, a standard | 22 |
| probation fee guide
determining an offender's ability to pay, | 23 |
| under guidelines developed by
the Administrative
Office of the | 24 |
| Illinois Courts; and (2) the circuit court has authorized, by
| 25 |
| administrative order issued by the chief judge, the creation of | 26 |
| a Crime
Victim's Services Fund, to be administered by the Chief | 27 |
| Judge or his or
her designee, for services to crime victims and | 28 |
| their families. Of the
amount collected as a probation fee, not | 29 |
| to exceed $5 of that fee
collected per month may be used to | 30 |
| provide services to crime victims
and their families.
| 31 |
| (j) All fines and costs imposed under this Section for any
| 32 |
| violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 33 |
| Code, or a
similar provision of a local ordinance, and any | 34 |
| violation of the Child
Passenger Protection Act, or a similar | 35 |
| provision of a local ordinance, shall
be collected and | 36 |
| disbursed by the circuit clerk as provided under Section
27.5 |
|
|
|
HB7057 Enrolled |
- 34 - |
LRB093 18519 RLC 44238 b |
|
| 1 |
| of the Clerks of Courts Act.
| 2 |
| (k) A defendant at least 17 years of age who is placed on | 3 |
| supervision
for a misdemeanor in a county of 3,000,000 or more | 4 |
| inhabitants
and who has not been previously convicted of a | 5 |
| misdemeanor or felony
may as a condition of his or her | 6 |
| supervision be required by the court to
attend educational | 7 |
| courses designed to prepare the defendant for a high school
| 8 |
| diploma and to work toward a high school diploma or to work | 9 |
| toward passing the
high school level Test of General | 10 |
| Educational Development (GED) or to work
toward completing a | 11 |
| vocational training program approved by the court. The
| 12 |
| defendant placed on supervision must attend a public | 13 |
| institution of education
to obtain the educational or | 14 |
| vocational training required by this subsection
(k). The | 15 |
| defendant placed on supervision shall be required to pay for | 16 |
| the cost
of the educational courses or GED test, if a fee is | 17 |
| charged for those courses
or test. The court shall revoke the | 18 |
| supervision of a person who wilfully fails
to comply with this | 19 |
| subsection (k). The court shall resentence the defendant
upon | 20 |
| revocation of supervision as provided in Section 5-6-4. This | 21 |
| subsection
(k) does not apply to a defendant who has a high | 22 |
| school diploma or has
successfully passed the GED test. This | 23 |
| subsection (k) does not apply to a
defendant who is determined | 24 |
| by the court to be developmentally disabled or
otherwise | 25 |
| mentally incapable of completing the
educational or vocational | 26 |
| program.
| 27 |
| (l) The court shall require a defendant placed on | 28 |
| supervision for
possession of a substance
prohibited by the | 29 |
| Cannabis Control Act or Illinois Controlled Substances Act
| 30 |
| after a previous conviction or disposition of supervision for | 31 |
| possession of a
substance prohibited by the Cannabis Control | 32 |
| Act or Illinois Controlled
Substances Act or a sentence of | 33 |
| probation under Section 10 of the Cannabis
Control Act or | 34 |
| Section 410 of the Illinois Controlled Substances Act
and after | 35 |
| a finding by the court that the person is addicted, to undergo
| 36 |
| treatment at a substance abuse program approved by the court.
|
|
|
|
HB7057 Enrolled |
- 35 - |
LRB093 18519 RLC 44238 b |
|
| 1 |
| (m) The Secretary of State shall require anyone placed on | 2 |
| court supervision
for a
violation of Section 3-707 of the | 3 |
| Illinois Vehicle Code or a similar provision
of a local | 4 |
| ordinance
to give proof of his or her financial
responsibility | 5 |
| as
defined in Section 7-315 of the Illinois Vehicle Code. The | 6 |
| proof shall be
maintained by the individual in a manner | 7 |
| satisfactory to the Secretary of State
for
a
minimum period of | 8 |
| one year after the date the proof is first filed.
The proof | 9 |
| shall be limited to a single action per arrest and may not be
| 10 |
| affected by any post-sentence disposition. The Secretary of | 11 |
| State shall
suspend the driver's license of any person
| 12 |
| determined by the Secretary to be in violation of this | 13 |
| subsection. | 14 |
| (n) Any offender placed on supervision for any offense that | 15 |
| the court or probation department has determined to be sexually | 16 |
| motivated as defined in the Sex Offender Management Board Act | 17 |
| shall be required to refrain from any contact, directly or | 18 |
| indirectly, with any persons specified by the court and shall | 19 |
| be available for all evaluations and treatment programs | 20 |
| required by the court or the probation department.
| 21 |
| (Source: P.A. 92-282, eff. 8-7-01; 92-458, eff. 8-22-01; | 22 |
| 92-651, eff.
7-11-02; 93-475, eff. 8-8-03.)
| 23 |
| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.
|
|