Full Text of HB1972 95th General Assembly
HB1972enr 95TH GENERAL ASSEMBLY
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HB1972 Enrolled |
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LRB095 10143 RLC 30357 b |
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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 Unified Code of Corrections is amended by | 5 |
| changing Sections 5-6-3 and 5-6-3.1 as follows: | 6 |
| (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
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| Sec. 5-6-3. Conditions of Probation and of Conditional | 8 |
| Discharge.
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| (a) The conditions of probation and of conditional | 10 |
| discharge shall be
that the person:
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| (1) not violate any criminal statute of any | 12 |
| jurisdiction;
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| (2) report to or appear in person before such person or | 14 |
| agency as
directed by the court;
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| (3) refrain from possessing a firearm or other | 16 |
| dangerous weapon;
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| (4) not leave the State without the consent of the | 18 |
| court or, in
circumstances in which the reason for the | 19 |
| absence is of such an emergency
nature that prior consent | 20 |
| 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 | 23 |
| discharge
supervision to another state is subject to |
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| acceptance by the other state
pursuant to the Interstate | 2 |
| Compact for Adult Offender Supervision;
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| (5) permit the probation officer to visit
him at his | 4 |
| home or elsewhere
to the extent necessary to discharge his | 5 |
| duties;
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| (6) perform no less than 30 hours of community service | 7 |
| and not more than
120 hours of community service, if | 8 |
| community service is available in the
jurisdiction and is | 9 |
| funded and approved by the county board where the offense
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| was committed, where the offense was related to or in | 11 |
| furtherance of the
criminal activities of an organized gang | 12 |
| and was motivated by the offender's
membership in or | 13 |
| allegiance to an organized gang. The community service | 14 |
| shall
include, but not be limited to, the cleanup and | 15 |
| repair of any damage caused by
a violation of Section | 16 |
| 21-1.3 of the Criminal Code of 1961 and similar damage
to | 17 |
| property located within the municipality or county in which | 18 |
| the violation
occurred. When possible and reasonable, the | 19 |
| community service should be
performed in the offender's | 20 |
| neighborhood. For purposes of this Section,
"organized | 21 |
| gang" has the meaning ascribed to it in Section 10 of the | 22 |
| Illinois
Streetgang Terrorism Omnibus Prevention Act;
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| (7) if he or she is at least 17 years of age and has | 24 |
| been sentenced to
probation or conditional discharge for a | 25 |
| misdemeanor or felony in a county of
3,000,000 or more | 26 |
| inhabitants and has not been previously convicted of a
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| misdemeanor or felony, may be required by the sentencing | 2 |
| court to attend
educational courses designed to prepare the | 3 |
| defendant for a high school diploma
and to work toward a | 4 |
| high school diploma or to work toward passing the high
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| school level Test of General Educational Development (GED) | 6 |
| or to work toward
completing a vocational training program | 7 |
| approved by the court. The person on
probation or | 8 |
| conditional discharge must attend a public institution of
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| education to obtain the educational or vocational training | 10 |
| required by this
clause (7). The court shall revoke the | 11 |
| probation or conditional discharge of a
person who wilfully | 12 |
| fails to comply with this clause (7). The person on
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| probation or conditional discharge shall be required to pay | 14 |
| for the cost of the
educational courses or GED test, if a | 15 |
| fee is charged for those courses or
test. The court shall | 16 |
| resentence the offender whose probation or conditional
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| discharge has been revoked as provided in Section 5-6-4. | 18 |
| This clause (7) does
not apply to a person who has a high | 19 |
| school diploma or has successfully passed
the GED test. | 20 |
| This clause (7) does not apply to a person who is | 21 |
| determined by
the court to be developmentally disabled or | 22 |
| otherwise mentally incapable of
completing the educational | 23 |
| or vocational program;
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| (8) if convicted of possession of a substance | 25 |
| prohibited
by the Cannabis Control Act, the Illinois | 26 |
| Controlled Substances Act, or the Methamphetamine Control |
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| and Community Protection Act
after a previous conviction or | 2 |
| disposition of supervision for possession of a
substance | 3 |
| prohibited by the Cannabis Control Act or Illinois | 4 |
| Controlled
Substances Act or after a sentence of probation | 5 |
| under Section 10 of the
Cannabis
Control Act, Section 410 | 6 |
| of the Illinois Controlled Substances Act, or Section 70 of | 7 |
| the Methamphetamine Control and Community Protection Act | 8 |
| and upon a
finding by the court that the person is | 9 |
| addicted, undergo treatment at a
substance abuse program | 10 |
| approved by the court;
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| (8.5) if convicted of a felony sex offense as defined | 12 |
| in the Sex
Offender
Management Board Act, the person shall | 13 |
| undergo and successfully complete sex
offender treatment | 14 |
| by a treatment provider approved by the Board and conducted
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| in conformance with the standards developed under the Sex
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| Offender Management Board Act;
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| (8.6) if convicted of a sex offense as defined in the | 18 |
| Sex Offender Management Board Act, refrain from residing at | 19 |
| the same address or in the same condominium unit or | 20 |
| apartment unit or in the same condominium complex or | 21 |
| apartment complex with another person he or she knows or | 22 |
| reasonably should know is a convicted sex offender or has | 23 |
| been placed on supervision for a sex offense; the | 24 |
| provisions of this paragraph do not apply to a person | 25 |
| convicted of a sex offense who is placed in a Department of | 26 |
| Corrections licensed transitional housing facility for sex |
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| offenders; and | 2 |
| (9) if convicted of a felony, physically surrender at a | 3 |
| time and place
designated by the court, his or her Firearm
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| Owner's Identification Card and
any and all firearms in
his | 5 |
| or her possession; and
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| (10) if convicted of a sex offense as defined in | 7 |
| subsection (a-5) of Section 3-1-2 of this Code, unless the | 8 |
| offender is a parent or guardian of the person under 18 | 9 |
| years of age present in the home and no non-familial minors | 10 |
| are present, not participate in a holiday event involving | 11 |
| children under 18 years of age, such as distributing candy | 12 |
| or other items to children on Halloween, wearing a Santa | 13 |
| Claus costume on or preceding Christmas, being employed as | 14 |
| a department store Santa Claus, or wearing an Easter Bunny | 15 |
| costume on or preceding Easter. | 16 |
| (b) The Court may in addition to other reasonable | 17 |
| conditions relating to the
nature of the offense or the | 18 |
| rehabilitation of the defendant as determined for
each | 19 |
| defendant in the proper discretion of the Court require that | 20 |
| the person:
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| (1) serve a term of periodic imprisonment under Article | 22 |
| 7 for a
period not to exceed that specified in paragraph | 23 |
| (d) of Section 5-7-1;
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| (2) pay a fine and costs;
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| (3) work or pursue a course of study or vocational | 26 |
| training;
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| (4) undergo medical, psychological or psychiatric | 2 |
| treatment; or treatment
for drug addiction or alcoholism;
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| (5) attend or reside in a facility established for the | 4 |
| instruction
or residence of defendants on probation;
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| (6) support his dependents;
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| (7) and in addition, if a minor:
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| (i) reside with his parents or in a foster home;
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| (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 | 11 |
| foster home;
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| (v) with the consent of the superintendent of the
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| facility, attend an educational program at a facility | 14 |
| other than the school
in which the
offense was | 15 |
| committed if he
or she is convicted of a crime of | 16 |
| violence as
defined in
Section 2 of the Crime Victims | 17 |
| Compensation Act committed in a school, on the
real
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| property
comprising a school, or within 1,000 feet of | 19 |
| the real property comprising a
school;
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| (8) make restitution as provided in Section 5-5-6 of | 21 |
| this Code;
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| (9) perform some reasonable public or community | 23 |
| service;
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| (10) serve a term of home confinement. In addition to | 25 |
| any other
applicable condition of probation or conditional | 26 |
| discharge, the
conditions of home confinement shall be that |
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| the offender:
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| (i) remain within the interior premises of the | 3 |
| place designated for
his confinement during the hours | 4 |
| designated by the court;
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| (ii) admit any person or agent designated by the | 6 |
| court into the
offender's place of confinement at any | 7 |
| time for purposes of verifying
the offender's | 8 |
| compliance with the conditions of his confinement; and
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| (iii) if further deemed necessary by the court or | 10 |
| the
Probation or
Court Services Department, be placed | 11 |
| on an approved
electronic monitoring device, subject | 12 |
| to Article 8A of Chapter V;
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| (iv) for persons convicted of any alcohol, | 14 |
| cannabis or controlled
substance violation who are | 15 |
| placed on an approved monitoring device as a
condition | 16 |
| of probation or conditional discharge, the court shall | 17 |
| impose a
reasonable fee for each day of the use of the | 18 |
| device, as established by the
county board in | 19 |
| subsection (g) of this Section, unless after | 20 |
| determining the
inability of the offender to pay the | 21 |
| fee, the court assesses a lesser fee or no
fee as the | 22 |
| case may be. This fee shall be imposed in addition to | 23 |
| the fees
imposed under subsections (g) and (i) of this | 24 |
| Section. The fee shall be
collected by the clerk of the | 25 |
| circuit court. The clerk of the circuit
court shall pay | 26 |
| all monies collected from this fee to the county |
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| treasurer
for deposit in the substance abuse services | 2 |
| fund under Section 5-1086.1 of
the Counties Code; and
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| (v) for persons convicted of offenses other than | 4 |
| those referenced in
clause (iv) above and who are | 5 |
| placed on an approved monitoring device as a
condition | 6 |
| of probation or conditional discharge, the court shall | 7 |
| impose
a reasonable fee for each day of the use of the | 8 |
| device, as established by the
county board in | 9 |
| subsection (g) of this Section, unless after | 10 |
| determining the
inability of the defendant to pay the | 11 |
| fee, the court assesses a lesser fee or
no fee as the | 12 |
| case may be. This fee shall be imposed in addition to | 13 |
| the fees
imposed under subsections (g) and (i) of this | 14 |
| Section. The fee
shall be collected by the clerk of the | 15 |
| circuit court. The clerk of the circuit
court shall pay | 16 |
| all monies collected from this fee
to the county | 17 |
| treasurer who shall use the monies collected to defray | 18 |
| the
costs of corrections. The county treasurer shall | 19 |
| deposit the fee
collected in the county working cash | 20 |
| fund under Section 6-27001 or Section
6-29002 of the | 21 |
| Counties Code, as the case may be.
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| (11) comply with the terms and conditions of an order | 23 |
| of protection issued
by the court pursuant to the Illinois | 24 |
| Domestic Violence Act of 1986,
as now or hereafter amended, | 25 |
| or an order of protection issued by the court of
another | 26 |
| state, tribe, or United States territory. A copy of the |
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| order of
protection shall be
transmitted to the probation | 2 |
| officer or agency
having responsibility for the case;
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| (12) reimburse any "local anti-crime program" as | 4 |
| defined in Section 7
of the Anti-Crime Advisory Council Act | 5 |
| for any reasonable expenses incurred
by the program on the | 6 |
| offender's case, not to exceed the maximum amount of
the | 7 |
| fine authorized for the offense for which the defendant was | 8 |
| sentenced;
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| (13) contribute a reasonable sum of money, not to | 10 |
| exceed the maximum
amount of the fine authorized for the
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| offense for which the defendant was sentenced, (i) to a | 12 |
| "local anti-crime
program", as defined in Section 7 of the | 13 |
| Anti-Crime Advisory Council Act , or (ii) for offenses under | 14 |
| the jurisdiction of the Department of Natural Resources, to | 15 |
| the fund established by the Department of Natural Resources | 16 |
| for the purchase of evidence for investigation purposes and | 17 |
| to conduct investigations as outlined in Section 805-105 of | 18 |
| the Department of Natural Resources (Conservation) Law ;
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| (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
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| accompanying the defendant, and advance approval by a
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| probation officer, if
the defendant has been placed on | 25 |
| probation or advance approval by the
court, if the | 26 |
| defendant was placed on conditional discharge;
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| (15) refrain from having any contact, directly or | 2 |
| indirectly, with
certain specified persons or particular | 3 |
| types of persons, including but not
limited to members of | 4 |
| street gangs and drug users or dealers;
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| (16) refrain from having in his or her body the | 6 |
| presence of any illicit
drug prohibited by the Cannabis | 7 |
| Control Act, the Illinois Controlled
Substances Act, or the | 8 |
| Methamphetamine Control and Community Protection Act, | 9 |
| unless prescribed by a physician, and submit samples of
his | 10 |
| or her blood or urine or both for tests to determine the | 11 |
| presence of any
illicit drug.
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| (c) The court may as a condition of probation or of | 13 |
| conditional
discharge require that a person under 18 years of | 14 |
| age found guilty of any
alcohol, cannabis or controlled | 15 |
| substance violation, refrain from acquiring
a driver's license | 16 |
| during
the period of probation or conditional discharge. If | 17 |
| such person
is in possession of a permit or license, the court | 18 |
| may require that
the minor refrain from driving or operating | 19 |
| any motor vehicle during the
period of probation or conditional | 20 |
| discharge, except as may be necessary in
the course of the | 21 |
| minor's lawful employment.
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| (d) An offender sentenced to probation or to conditional | 23 |
| discharge
shall be given a certificate setting forth the | 24 |
| conditions thereof.
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| (e) Except where the offender has committed a fourth or | 26 |
| subsequent
violation of subsection (c) of Section 6-303 of the |
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| Illinois Vehicle Code,
the court shall not require as a | 2 |
| condition of the sentence of
probation or conditional discharge | 3 |
| that the offender be committed to a
period of imprisonment in | 4 |
| excess of 6 months.
This 6 month limit shall not include | 5 |
| periods of confinement given pursuant to
a sentence of county | 6 |
| impact incarceration under Section 5-8-1.2.
This 6 month limit | 7 |
| does not apply to a person sentenced to probation as a
result | 8 |
| of a conviction of a fourth or subsequent violation of | 9 |
| subsection (c-4)
of Section 11-501 of the Illinois Vehicle Code | 10 |
| or a similar provision of a
local ordinance.
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| Persons committed to imprisonment as a condition of | 12 |
| probation or
conditional discharge shall not be committed to | 13 |
| the Department of
Corrections.
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| (f) The court may combine a sentence of periodic | 15 |
| imprisonment under
Article 7 or a sentence to a county impact | 16 |
| incarceration program under
Article 8 with a sentence of | 17 |
| probation or conditional discharge.
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| (g) An offender sentenced to probation or to conditional | 19 |
| discharge and
who during the term of either undergoes mandatory | 20 |
| drug or alcohol testing,
or both, or is assigned to be placed | 21 |
| on an approved electronic monitoring
device, shall be ordered | 22 |
| to pay all costs incidental to such mandatory drug
or alcohol | 23 |
| testing, or both, and all costs
incidental to such approved | 24 |
| electronic monitoring in accordance with the
defendant's | 25 |
| ability to pay those costs. The county board with
the | 26 |
| concurrence of the Chief Judge of the judicial
circuit in which |
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| the county is located shall establish reasonable fees for
the | 2 |
| cost of maintenance, testing, and incidental expenses related | 3 |
| to the
mandatory drug or alcohol testing, or both, and all | 4 |
| costs incidental to
approved electronic monitoring, involved | 5 |
| in a successful probation program
for the county. The | 6 |
| concurrence of the Chief Judge shall be in the form of
an | 7 |
| administrative order.
The fees shall be collected by the clerk | 8 |
| of the circuit court. The clerk of
the circuit court shall pay | 9 |
| all moneys collected from these fees to the county
treasurer | 10 |
| who shall use the moneys collected to defray the costs of
drug | 11 |
| testing, alcohol testing, and electronic monitoring.
The | 12 |
| county treasurer shall deposit the fees collected in the
county | 13 |
| working cash fund under Section 6-27001 or Section 6-29002 of | 14 |
| the
Counties Code, as the case may be.
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| (h) Jurisdiction over an offender may be transferred from | 16 |
| the
sentencing court to the court of another circuit with the | 17 |
| concurrence of
both courts. Further transfers or retransfers of
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| jurisdiction are also
authorized in the same manner. The court | 19 |
| to which jurisdiction has been
transferred shall have the same | 20 |
| powers as the sentencing court.
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| (i) The court shall impose upon an offender
sentenced to | 22 |
| probation after January 1, 1989 or to conditional discharge
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| after January 1, 1992 or to community service under the | 24 |
| supervision of a
probation or court services department after | 25 |
| January 1, 2004, as a condition of such probation or | 26 |
| conditional
discharge or supervised community service, a fee of |
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| $50
for each month of probation or
conditional
discharge | 2 |
| supervision or supervised community service ordered by the | 3 |
| court, unless after
determining the inability of the person | 4 |
| sentenced to probation or conditional
discharge or supervised | 5 |
| community service to pay the
fee, the court assesses a lesser | 6 |
| fee. The court may not impose the fee on a
minor who is made a | 7 |
| ward of the State under the Juvenile Court Act of 1987
while | 8 |
| the minor is in placement.
The fee shall be imposed only upon
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| an offender who is actively supervised by the
probation and | 10 |
| court services
department. The fee shall be collected by the | 11 |
| clerk
of the circuit court. The clerk of the circuit court | 12 |
| shall pay all monies
collected from this fee to the county | 13 |
| treasurer for deposit in the
probation and court services fund | 14 |
| under Section 15.1 of the
Probation and Probation Officers Act.
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| A circuit court may not impose a probation fee under this | 16 |
| subsection (i) in excess of $25
per month unless: (1) the | 17 |
| circuit court has adopted, by administrative
order issued by | 18 |
| the chief judge, a standard probation fee guide
determining an | 19 |
| offender's ability to pay, under guidelines developed by
the | 20 |
| Administrative
Office of the Illinois Courts; and (2) the | 21 |
| circuit court has authorized, by
administrative order issued by | 22 |
| the chief judge, the creation of a Crime
Victim's Services | 23 |
| Fund, to be administered by the Chief Judge or his or
her | 24 |
| designee, for services to crime victims and their families. Of | 25 |
| the
amount collected as a probation fee, up to $5 of that fee
| 26 |
| collected per month may be used to provide services to crime |
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| victims
and their families.
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| This amendatory Act of the 93rd General Assembly deletes | 3 |
| the $10 increase in the fee under this subsection that was | 4 |
| imposed by Public Act 93-616. This deletion is intended to | 5 |
| control over any other Act of the 93rd General Assembly that | 6 |
| retains or incorporates that fee increase. | 7 |
| (i-5) In addition to the fees imposed under subsection (i) | 8 |
| of this Section, in the case of an offender convicted of a | 9 |
| felony sex offense (as defined in the Sex Offender Management | 10 |
| Board Act) or an offense that the court or probation department | 11 |
| has determined to be sexually motivated (as defined in the Sex | 12 |
| Offender Management Board Act), the court or the probation | 13 |
| department shall assess additional fees to pay for all costs of | 14 |
| treatment, assessment, evaluation for risk and treatment, and | 15 |
| monitoring the offender, based on that offender's ability to | 16 |
| pay those costs either as they occur or under a payment plan. | 17 |
| (j) All fines and costs imposed under this Section for any | 18 |
| violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 19 |
| Code, or a similar
provision of a local ordinance, and any | 20 |
| violation of the Child Passenger
Protection Act, or a similar | 21 |
| provision of a local ordinance, shall be
collected and | 22 |
| disbursed by the circuit clerk as provided under Section 27.5
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| of the Clerks of Courts Act.
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| (k) Any offender who is sentenced to probation or | 25 |
| conditional discharge for a felony sex offense as defined in | 26 |
| the Sex Offender Management Board Act or any offense that the |
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LRB095 10143 RLC 30357 b |
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| court or probation department has determined to be sexually | 2 |
| motivated as defined in the Sex Offender Management Board Act | 3 |
| shall be required to refrain from any contact, directly or | 4 |
| indirectly, with any persons specified by the court and shall | 5 |
| be available for all evaluations and treatment programs | 6 |
| required by the court or the probation department.
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| (Source: P.A. 93-475, eff. 8-8-03; 93-616, eff. 1-1-04; 93-970, | 8 |
| eff. 8-20-04; 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | 9 |
| 94-556, eff. 9-11-05; revised 8-19-05.)
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| (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
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| Sec. 5-6-3.1. Incidents and Conditions of Supervision.
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| (a) When a defendant is placed on supervision, the court | 13 |
| shall enter
an order for supervision specifying the period of | 14 |
| such supervision, and
shall defer further proceedings in the | 15 |
| case until the conclusion of the
period.
| 16 |
| (b) The period of supervision shall be reasonable under all | 17 |
| of the
circumstances of the case, but may not be longer than 2 | 18 |
| years, unless the
defendant has failed to pay the assessment | 19 |
| required by Section 10.3 of the
Cannabis Control Act,
Section | 20 |
| 411.2 of the Illinois Controlled
Substances Act, or Section 80 | 21 |
| of the Methamphetamine Control and Community Protection Act, in | 22 |
| which case the court may extend supervision beyond 2 years.
| 23 |
| Additionally, the court shall order the defendant to perform no | 24 |
| less than 30
hours of community service and not more than 120 | 25 |
| hours of community service, if
community service is available |
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LRB095 10143 RLC 30357 b |
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| in the
jurisdiction and is funded and approved by the county | 2 |
| board where the offense
was committed,
when the offense (1) was
| 3 |
| related to or in furtherance of the criminal activities of an | 4 |
| organized gang or
was motivated by the defendant's membership | 5 |
| in or allegiance to an organized
gang; or (2) is a violation of | 6 |
| any Section of Article 24 of the Criminal
Code of 1961 where a | 7 |
| disposition of supervision is not prohibited by Section
5-6-1 | 8 |
| of this Code.
The
community service shall include, but not be | 9 |
| limited to, the cleanup and repair
of any damage caused by | 10 |
| violation of Section 21-1.3 of the Criminal Code of
1961 and | 11 |
| similar damages to property located within the municipality or | 12 |
| county
in which the violation occurred. Where possible and | 13 |
| reasonable, the community
service should be performed in the | 14 |
| offender's neighborhood.
| 15 |
| For the purposes of this
Section, "organized gang" has the | 16 |
| meaning ascribed to it in Section 10 of the
Illinois Streetgang | 17 |
| Terrorism Omnibus Prevention Act.
| 18 |
| (c) The court may in addition to other reasonable | 19 |
| conditions
relating to the nature of the offense or the | 20 |
| rehabilitation of the
defendant as determined for each | 21 |
| defendant in the proper discretion of
the court require that | 22 |
| the person:
| 23 |
| (1) make a report to and appear in person before or | 24 |
| participate with
the court or such courts, person, or | 25 |
| social service agency as directed
by the court in the order | 26 |
| of supervision;
|
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LRB095 10143 RLC 30357 b |
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| (2) pay a fine and costs;
| 2 |
| (3) work or pursue a course of study or vocational | 3 |
| training;
| 4 |
| (4) undergo medical, psychological or psychiatric | 5 |
| treatment; or
treatment for drug addiction or alcoholism;
| 6 |
| (5) attend or reside in a facility established for the | 7 |
| instruction
or residence of defendants on probation;
| 8 |
| (6) support his dependents;
| 9 |
| (7) refrain from possessing a firearm or other | 10 |
| dangerous weapon;
| 11 |
| (8) and in addition, if a minor:
| 12 |
| (i) reside with his parents or in a foster home;
| 13 |
| (ii) attend school;
| 14 |
| (iii) attend a non-residential program for youth;
| 15 |
| (iv) contribute to his own support at home or in a | 16 |
| foster home; or
| 17 |
| (v) with the consent of the superintendent of the
| 18 |
| facility, attend an educational program at a facility | 19 |
| other than the school
in which the
offense was | 20 |
| committed if he
or she is placed on supervision for a | 21 |
| crime of violence as
defined in
Section 2 of the Crime | 22 |
| Victims Compensation Act committed in a school, on the
| 23 |
| real
property
comprising a school, or within 1,000 feet | 24 |
| of the real property comprising a
school;
| 25 |
| (9) make restitution or reparation in an amount not to | 26 |
| exceed actual
loss or damage to property and pecuniary loss |
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| or make restitution under Section
5-5-6 to a domestic | 2 |
| violence shelter. The court shall
determine the amount and | 3 |
| conditions of payment;
| 4 |
| (10) perform some reasonable public or community | 5 |
| service;
| 6 |
| (11) comply with the terms and conditions of an order | 7 |
| of protection
issued by the court pursuant to the Illinois | 8 |
| Domestic Violence Act of 1986 or
an order of protection | 9 |
| issued by the court of another state, tribe, or United
| 10 |
| States territory.
If the court has ordered the defendant to | 11 |
| make a report and appear in
person under paragraph (1) of | 12 |
| this subsection, a copy of the order of
protection shall be | 13 |
| transmitted to the person or agency so designated
by the | 14 |
| court;
| 15 |
| (12) reimburse any "local anti-crime program" as | 16 |
| defined in Section 7 of
the Anti-Crime Advisory Council Act | 17 |
| for any reasonable expenses incurred by the
program on the | 18 |
| offender's case, not to exceed the maximum amount of the
| 19 |
| fine authorized for the offense for which the defendant was | 20 |
| sentenced;
| 21 |
| (13) contribute a reasonable sum of money, not to
| 22 |
| exceed the maximum amount of the fine authorized for the | 23 |
| offense for which
the defendant was sentenced, (i) to a | 24 |
| "local anti-crime program", as defined
in Section 7 of the | 25 |
| Anti-Crime Advisory Council Act , or (ii) for offenses under | 26 |
| the jurisdiction of the Department of Natural Resources, to |
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|
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| the fund established by the Department of Natural Resources | 2 |
| for the purchase of evidence for investigation purposes and | 3 |
| to conduct investigations as outlined in Section 805-105 of | 4 |
| the Department of Natural Resources (Conservation) Law ;
| 5 |
| (14) refrain from entering into a designated | 6 |
| geographic area except
upon such terms as the court finds | 7 |
| appropriate. Such terms may include
consideration of the | 8 |
| purpose of the entry, the time of day, other persons
| 9 |
| accompanying the defendant, and advance approval by a | 10 |
| probation officer;
| 11 |
| (15) refrain from having any contact, directly or | 12 |
| indirectly, with
certain specified persons or particular | 13 |
| types of person, including but not
limited to members of | 14 |
| street gangs and drug users or dealers;
| 15 |
| (16) refrain from having in his or her body the | 16 |
| presence of any illicit
drug prohibited by the Cannabis | 17 |
| Control Act, the Illinois Controlled
Substances Act, or the | 18 |
| Methamphetamine Control and Community Protection Act, | 19 |
| unless prescribed by a physician, and submit samples of
his | 20 |
| or her blood or urine or both for tests to determine the | 21 |
| presence of any
illicit drug;
| 22 |
| (17) refrain from operating any motor vehicle not | 23 |
| equipped with an
ignition interlock device as defined in | 24 |
| Section 1-129.1 of the Illinois
Vehicle Code. Under this | 25 |
| condition the court may allow a defendant who is not
| 26 |
| self-employed to operate a vehicle owned by the defendant's |
|
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| employer that is
not equipped with an ignition interlock | 2 |
| device in the course and scope of the
defendant's | 3 |
| employment; and
| 4 |
| (18) if placed on supervision for a sex offense as | 5 |
| defined in subsection (a-5) of Section 3-1-2 of this Code, | 6 |
| unless the offender is a parent or guardian of the person | 7 |
| under 18 years of age present in the home and no | 8 |
| non-familial minors are present, not participate in a | 9 |
| holiday event involving
children
under 18 years of age, | 10 |
| such as distributing candy or other items to children on
| 11 |
| Halloween,
wearing a Santa Claus costume on or preceding | 12 |
| Christmas, being employed as a
department store Santa | 13 |
| Claus, or wearing an Easter Bunny costume on or
preceding
| 14 |
| Easter. | 15 |
| (d) The court shall defer entering any judgment on the | 16 |
| charges
until the conclusion of the supervision.
| 17 |
| (e) At the conclusion of the period of supervision, if the | 18 |
| court
determines that the defendant has successfully complied | 19 |
| with all of the
conditions of supervision, the court shall | 20 |
| discharge the defendant and
enter a judgment dismissing the | 21 |
| charges.
| 22 |
| (f) Discharge and dismissal upon a successful conclusion of | 23 |
| a
disposition of supervision shall be deemed without | 24 |
| adjudication of guilt
and shall not be termed a conviction for | 25 |
| purposes of disqualification or
disabilities imposed by law | 26 |
| upon conviction of a crime. Two years after the
discharge and |
|
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| dismissal under this Section, unless the disposition of
| 2 |
| supervision was for a violation of Sections 3-707, 3-708, | 3 |
| 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | 4 |
| similar
provision of a local ordinance, or for a violation of | 5 |
| Sections 12-3.2
or 16A-3 of the Criminal Code of 1961, in which | 6 |
| case it shall be 5
years after discharge and dismissal, a | 7 |
| person may have his record
of arrest sealed or expunged as may | 8 |
| be provided by law. However, any
defendant placed on | 9 |
| supervision before January 1, 1980, may move for
sealing or | 10 |
| expungement of his arrest record, as provided by law, at any
| 11 |
| time after discharge and dismissal under this Section.
A person | 12 |
| placed on supervision for a sexual offense committed against a | 13 |
| minor
as defined in subsection (g) of Section 5 of the Criminal | 14 |
| Identification Act
or for a violation of Section 11-501 of the | 15 |
| Illinois Vehicle Code or a
similar provision of a local | 16 |
| ordinance
shall not have his or her record of arrest sealed or | 17 |
| expunged.
| 18 |
| (g) A defendant placed on supervision and who during the | 19 |
| period of
supervision undergoes mandatory drug or alcohol | 20 |
| testing, or both, or is
assigned to be placed on an approved | 21 |
| electronic monitoring device, shall be
ordered to pay the costs | 22 |
| incidental to such mandatory drug or alcohol
testing, or both, | 23 |
| and costs incidental to such approved electronic
monitoring in | 24 |
| accordance with the defendant's ability to pay those costs.
The | 25 |
| county board with the concurrence of the Chief Judge of the | 26 |
| judicial
circuit in which the county is located shall establish |
|
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| reasonable fees for
the cost of maintenance, testing, and | 2 |
| incidental expenses related to the
mandatory drug or alcohol | 3 |
| testing, or both, and all costs incidental to
approved | 4 |
| electronic monitoring, of all defendants placed on | 5 |
| supervision.
The concurrence of the Chief Judge shall be in the | 6 |
| form of an
administrative order.
The fees shall be collected by | 7 |
| the clerk of the circuit court. The clerk of
the circuit court | 8 |
| shall pay all moneys collected from these fees to the county
| 9 |
| treasurer who shall use the moneys collected to defray the | 10 |
| costs of
drug testing, alcohol testing, and electronic | 11 |
| monitoring.
The county treasurer shall deposit the fees | 12 |
| collected in the
county working cash fund under Section 6-27001 | 13 |
| or Section 6-29002 of the
Counties Code, as the case may be.
| 14 |
| (h) A disposition of supervision is a final order for the | 15 |
| purposes
of appeal.
| 16 |
| (i) The court shall impose upon a defendant placed on | 17 |
| supervision
after January 1, 1992 or to community service under | 18 |
| the supervision of a
probation or court services department | 19 |
| after January 1, 2004, as a condition
of supervision or | 20 |
| supervised community service, a fee of $50 for
each month of | 21 |
| supervision or supervised community service ordered by the
| 22 |
| court, unless after
determining the inability of the person | 23 |
| placed on supervision or supervised
community service to pay | 24 |
| the
fee, the court assesses a lesser fee. The court may not | 25 |
| impose the fee on a
minor who is made a ward of the State under | 26 |
| the Juvenile Court Act of 1987
while the minor is in placement.
|
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| The fee shall be imposed only upon a
defendant who is actively | 2 |
| supervised by the
probation and court services
department. The | 3 |
| fee shall be collected by the clerk of the circuit court.
The | 4 |
| clerk of the circuit court shall pay all monies collected from | 5 |
| this fee
to the county treasurer for deposit in the probation | 6 |
| and court services
fund pursuant to Section 15.1 of the | 7 |
| Probation and
Probation Officers Act.
| 8 |
| A circuit court may not impose a probation fee in excess of | 9 |
| $25
per month unless: (1) the circuit court has adopted, by | 10 |
| administrative
order issued by the chief judge, a standard | 11 |
| probation fee guide
determining an offender's ability to pay, | 12 |
| under guidelines developed by
the Administrative
Office of the | 13 |
| Illinois Courts; and (2) the circuit court has authorized, by
| 14 |
| administrative order issued by the chief judge, the creation of | 15 |
| a Crime
Victim's Services Fund, to be administered by the Chief | 16 |
| Judge or his or
her designee, for services to crime victims and | 17 |
| their families. Of the
amount collected as a probation fee, not | 18 |
| to exceed $5 of that fee
collected per month may be used to | 19 |
| provide services to crime victims
and their families.
| 20 |
| (j) All fines and costs imposed under this Section for any
| 21 |
| violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 22 |
| Code, or a
similar provision of a local ordinance, and any | 23 |
| violation of the Child
Passenger Protection Act, or a similar | 24 |
| provision of a local ordinance, shall
be collected and | 25 |
| disbursed by the circuit clerk as provided under Section
27.5 | 26 |
| of the Clerks of Courts Act.
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| (k) A defendant at least 17 years of age who is placed on | 2 |
| supervision
for a misdemeanor in a county of 3,000,000 or more | 3 |
| inhabitants
and who has not been previously convicted of a | 4 |
| misdemeanor or felony
may as a condition of his or her | 5 |
| supervision be required by the court to
attend educational | 6 |
| courses designed to prepare the defendant for a high school
| 7 |
| diploma and to work toward a high school diploma or to work | 8 |
| toward passing the
high school level Test of General | 9 |
| Educational Development (GED) or to work
toward completing a | 10 |
| vocational training program approved by the court. The
| 11 |
| defendant placed on supervision must attend a public | 12 |
| institution of education
to obtain the educational or | 13 |
| vocational training required by this subsection
(k). The | 14 |
| defendant placed on supervision shall be required to pay for | 15 |
| the cost
of the educational courses or GED test, if a fee is | 16 |
| charged for those courses
or test. The court shall revoke the | 17 |
| supervision of a person who wilfully fails
to comply with this | 18 |
| subsection (k). The court shall resentence the defendant
upon | 19 |
| revocation of supervision as provided in Section 5-6-4. This | 20 |
| subsection
(k) does not apply to a defendant who has a high | 21 |
| school diploma or has
successfully passed the GED test. This | 22 |
| subsection (k) does not apply to a
defendant who is determined | 23 |
| by the court to be developmentally disabled or
otherwise | 24 |
| mentally incapable of completing the
educational or vocational | 25 |
| program.
| 26 |
| (l) The court shall require a defendant placed on |
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| supervision for
possession of a substance
prohibited by the | 2 |
| Cannabis Control Act, the Illinois Controlled Substances Act, | 3 |
| or the Methamphetamine Control and Community Protection Act
| 4 |
| after a previous conviction or disposition of supervision for | 5 |
| possession of a
substance prohibited by the Cannabis Control | 6 |
| Act, the Illinois Controlled
Substances Act, or the | 7 |
| Methamphetamine Control and Community Protection Act or a | 8 |
| sentence of probation under Section 10 of the Cannabis
Control | 9 |
| Act or Section 410 of the Illinois Controlled Substances Act
| 10 |
| and after a finding by the court that the person is addicted, | 11 |
| to undergo
treatment at a substance abuse program approved by | 12 |
| the court.
| 13 |
| (m) The Secretary of State shall require anyone placed on | 14 |
| court supervision
for a
violation of Section 3-707 of the | 15 |
| Illinois Vehicle Code or a similar provision
of a local | 16 |
| ordinance
to give proof of his or her financial
responsibility | 17 |
| as
defined in Section 7-315 of the Illinois Vehicle Code. The | 18 |
| proof shall be
maintained by the individual in a manner | 19 |
| satisfactory to the Secretary of State
for
a
minimum period of | 20 |
| one year after the date the proof is first filed.
The proof | 21 |
| shall be limited to a single action per arrest and may not be
| 22 |
| affected by any post-sentence disposition. The Secretary of | 23 |
| State shall
suspend the driver's license of any person
| 24 |
| determined by the Secretary to be in violation of this | 25 |
| subsection. | 26 |
| (n) Any offender placed on supervision for any offense that |
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| the court or probation department has determined to be sexually | 2 |
| motivated as defined in the Sex Offender Management Board Act | 3 |
| shall be required to refrain from any contact, directly or | 4 |
| indirectly, with any persons specified by the court and shall | 5 |
| be available for all evaluations and treatment programs | 6 |
| required by the court or the probation department.
| 7 |
| (o) An offender placed on supervision for a sex offense as | 8 |
| defined in the Sex Offender
Management Board Act shall refrain | 9 |
| from residing at the same address or in the same condominium | 10 |
| unit or apartment unit or in the same condominium complex or | 11 |
| apartment complex with another person he or she knows or | 12 |
| reasonably should know is a convicted sex offender or has been | 13 |
| placed on supervision for a sex offense. The provisions of this | 14 |
| subsection (o) do not apply to a person convicted of a sex | 15 |
| offense who is placed in a Department of Corrections licensed | 16 |
| transitional housing facility for sex offenders. | 17 |
| (Source: P.A. 93-475, eff. 8-8-03; 93-970, eff. 8-20-04; | 18 |
| 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; 94-556, eff. | 19 |
| 9-11-05; revised 8-19-05.)
|
|