Full Text of HB4875 95th General Assembly
HB4875 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4875
Introduced , by Rep. Sandra M. Pihos - Bob Biggins - Renée Kosel - Dennis M. Reboletti - Tom Cross, et al. SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/16D-2 |
from Ch. 38, par. 16D-2 |
720 ILCS 5/16D-5.5 new |
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730 ILCS 5/3-3-7 |
from Ch. 38, par. 1003-3-7 |
730 ILCS 5/5-6-3 |
from Ch. 38, par. 1005-6-3 |
730 ILCS 5/5-6-3.1 |
from Ch. 38, par. 1005-6-3.1 |
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Amends the Criminal Code of 1961. Provides that it is a Class 4 felony for a person required to register as a sex offender under the Sex Offender Registration Act to access or use a social networking website during the period for which the sex offender is required to register under that Act. Amends the Unified Code of Corrections. Requires as condition of parole, mandatory supervised release, probation, conditional discharge, or supervision that a sex offender refrain from accessing or using a social networking website during the period for which the sex offender is required to register under the Sex Offender Registration Act.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4875 |
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LRB095 14000 RLC 39827 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 Criminal Code of 1961 is amended by changing | 5 |
| 16D-2 and by adding Section 16D-5.5 as follows:
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| (720 ILCS 5/16D-2) (from Ch. 38, par. 16D-2)
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| Sec. 16D-2. Definitions. As used in this Article, unless | 8 |
| the context
otherwise indicates:
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| (a) "Computer" means a device that accepts, processes, | 10 |
| stores, retrieves
or outputs data, and includes but is not | 11 |
| limited to auxiliary storage and
telecommunications devices | 12 |
| connected to computers.
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| (a-5) "Computer network" means a set of related, remotely | 14 |
| connected
devices and any communications facilities including | 15 |
| more than one
computer with the capability to transmit data | 16 |
| among them through the
communications facilities.
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| (b) "Computer program" or "program" means a series of coded | 18 |
| instructions or
statements in a form acceptable to a computer | 19 |
| which causes the computer to
process data and supply the | 20 |
| results of the data processing.
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| (b-5) "Computer services" means computer time or services, | 22 |
| including data
processing services, Internet services, | 23 |
| electronic mail services, electronic
message services, or |
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| information or data stored in connection therewith.
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| (c) "Data" means a representation of information, | 3 |
| knowledge, facts, concepts
or instructions, including program | 4 |
| documentation, which is prepared in a
formalized manner and is | 5 |
| stored or processed in or transmitted by a computer.
Data shall | 6 |
| be considered property and may be in any form including but not
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| limited to printouts, magnetic or optical storage media, punch | 8 |
| cards or
data stored internally in the memory of the computer.
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| (c-5) "Electronic mail service provider" means any person | 10 |
| who (1) is an
intermediary in sending or receiving electronic | 11 |
| mail and (2) provides to
end-users of electronic mail services | 12 |
| the ability to send or receive electronic
mail.
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| (d) In addition to its meaning as defined in Section 15-1 | 14 |
| of this Code,
"property" means: (1) electronic impulses;
(2) | 15 |
| electronically produced data; (3) confidential, copyrighted or | 16 |
| proprietary
information; (4) private identification codes or | 17 |
| numbers which permit access to
a computer by authorized | 18 |
| computer users or generate billings to consumers
for purchase | 19 |
| of goods and services, including but not limited to credit
card | 20 |
| transactions and telecommunications services or permit | 21 |
| electronic fund
transfers; (5) software or programs in either | 22 |
| machine or human readable
form; or (6) any other tangible or | 23 |
| intangible item relating to a computer
or any part thereof.
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| (e) "Access" means to use, instruct, communicate with, | 25 |
| store data
in, retrieve or intercept data from, or otherwise | 26 |
| utilize any services
of a computer.
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| (f) "Services" includes but is not limited to computer | 2 |
| time, data
manipulation or storage functions.
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| (g) "Vital services or operations" means those services or | 4 |
| operations
required to provide, operate, maintain, and repair | 5 |
| network cabling,
transmission, distribution, or computer | 6 |
| facilities necessary to ensure or
protect the public health, | 7 |
| safety, or welfare. Public health, safety, or
welfare include, | 8 |
| but are not limited to, services provided by medical
personnel | 9 |
| or institutions, fire departments, emergency services | 10 |
| agencies,
national defense contractors, armed forces or | 11 |
| militia personnel, private
and public utility companies, or law | 12 |
| enforcement agencies.
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| (h) "Social networking website" means an Internet website | 14 |
| containing profile web pages of the members of the website that | 15 |
| include the names or nicknames of such members, photographs | 16 |
| placed on the profile web pages by such members, or any other | 17 |
| personal or personally identifying information about such | 18 |
| members and links to other profile web pages on social | 19 |
| networking websites of friends or associates of such members | 20 |
| that can be accessed by other members or visitors to the | 21 |
| website. A social networking website provides members of or | 22 |
| visitors to such website the ability to leave messages or | 23 |
| comments on the profile web page that are visible to all or | 24 |
| some visitors to the profile web page and may also include a | 25 |
| form of electronic mail for members of the social networking | 26 |
| website. |
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| (Source: P.A. 91-233, eff. 1-1-00.)
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| (720 ILCS 5/16D-5.5 new) | 3 |
| Sec. 16D-5.5. Use of social networking websites by sex | 4 |
| offenders prohibited. | 5 |
| (a) The access to or use of a social networking website by | 6 |
| a person required to register as a sex offender under the Sex | 7 |
| Offender Registration Act is prohibited during the period for | 8 |
| which the sex offender is required to register under that Act. | 9 |
| (b) Sentence. A violation of subsection (a) of this Section | 10 |
| is a Class 4 felony. | 11 |
| Section 10. The Unified Code of Corrections is amended by | 12 |
| changing Sections 3-3-7, 5-6-3, and 5-6-3.1 as follows: | 13 |
| (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | 14 |
| (Text of Section after amendment by P.A. 95-464, 95-579, | 15 |
| 95-640 ) | 16 |
| Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | 17 |
| Release.
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| (a) The conditions of parole or mandatory
supervised | 19 |
| release shall be such as the Prisoner Review
Board deems | 20 |
| necessary to assist the subject in leading a
law-abiding life. | 21 |
| The conditions of every parole and mandatory
supervised release | 22 |
| are that the subject:
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| (1) not violate any criminal statute of any |
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| jurisdiction
during the parole or release term;
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| (2) refrain from possessing a firearm or other | 3 |
| dangerous
weapon;
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| (3) report to an agent of the Department of | 5 |
| Corrections;
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| (4) permit the agent to visit him or her at his or her | 7 |
| home, employment,
or
elsewhere to the
extent necessary for | 8 |
| the agent to discharge his or her duties;
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| (5) attend or reside in a facility established for the | 10 |
| instruction or
residence
of persons on
parole or mandatory | 11 |
| supervised release;
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| (6) secure permission before visiting or writing a | 13 |
| committed person in an
Illinois Department
of Corrections | 14 |
| facility;
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| (7) report all arrests to an agent of the Department of | 16 |
| Corrections as
soon as
permitted by the
arresting authority | 17 |
| but in no event later than 24 hours after release from
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| custody;
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| (7.5) if convicted of a sex offense as defined in the | 20 |
| Sex Offender
Management Board Act, the individual shall | 21 |
| undergo and successfully complete
sex offender treatment | 22 |
| conducted in conformance with the standards developed by
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| the Sex
Offender Management Board Act by a treatment | 24 |
| provider approved by the Board;
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| (7.6) if convicted of a sex offense as defined in the | 26 |
| Sex Offender
Management Board Act, refrain from residing at |
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| the same address or in the same condominium unit or | 2 |
| apartment unit or in the same condominium complex or | 3 |
| apartment complex with another person he or she knows or | 4 |
| reasonably should know is a convicted sex offender or has | 5 |
| been placed on supervision for a sex offense; the | 6 |
| provisions of this paragraph do not apply to a person | 7 |
| convicted of a sex offense who is placed in a Department of | 8 |
| Corrections licensed transitional housing facility for sex | 9 |
| offenders, or is in any facility operated or licensed by | 10 |
| the Department of Children and Family Services or by the | 11 |
| Department of Human Services, or is in any licensed medical | 12 |
| facility;
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| (7.7) if convicted for an offense that would qualify | 14 |
| the accused as a sexual predator under the Sex Offender | 15 |
| Registration Act on or after the effective date of this | 16 |
| amendatory Act of the 94th General Assembly, wear an | 17 |
| approved electronic monitoring device as defined in | 18 |
| Section 5-8A-2 for the duration of the person's parole, | 19 |
| mandatory supervised release term, or extended mandatory | 20 |
| supervised release term;
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| (7.8) if convicted for an offense committed on or after | 22 |
| the effective date of this amendatory Act of the 95th | 23 |
| General Assembly that would qualify the accused as a child | 24 |
| sex offender as defined in Section 11-9.3 or 11-9.4 of the | 25 |
| Criminal Code of 1961, refrain from communicating with or | 26 |
| contacting, by means of the Internet, a person who is not |
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| related to the accused and whom the accused reasonably | 2 |
| believes to be under 18 years of age; for purposes of this | 3 |
| paragraph (7.8), "Internet" has the meaning ascribed to it | 4 |
| in Section 16J-5 of the Criminal Code of 1961, as added by | 5 |
| Public Act 94-179; and a person is not related to the | 6 |
| accused if the person is not: (i) the spouse, brother, or | 7 |
| sister of the accused; (ii) a descendant of the accused; | 8 |
| (iii) a first or second cousin of the accused; or (iv) a | 9 |
| step-child or adopted child of the accused;
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| (7.9)
(7.8) if convicted under Section 11-6, 11-20.1, | 11 |
| 11-20.3, or 11-21 of the Criminal Code of 1961, consent to | 12 |
| search of computers, PDAs, cellular phones, and other | 13 |
| devices under his or her control that are capable of | 14 |
| accessing the Internet or storing electronic files, in | 15 |
| order to confirm Internet protocol addresses reported in | 16 |
| accordance with the Sex Offender Registration Act and | 17 |
| compliance with conditions in this Act;
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| (7.10)
(7.8) if convicted for an offense that would | 19 |
| qualify the accused as a sex offender or sexual predator | 20 |
| under the Sex Offender Registration Act on or after the | 21 |
| effective date of this amendatory Act of the 95th General | 22 |
| Assembly, not possess prescription drugs for erectile | 23 |
| dysfunction;
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| (7.11) if convicted of a sex offense as defined in the | 25 |
| Sex Offender
Registration Act committed on or after the | 26 |
| effective date of this amendatory Act of the 95th General |
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| Assembly, refrain from accessing or using a social | 2 |
| networking website as defined in Section 16D-2 of the | 3 |
| Criminal Code of 1961 during the period for which the sex | 4 |
| offender is required to register under the Sex Offender | 5 |
| Registration Act;
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| (8) obtain permission of an agent of the Department of | 7 |
| Corrections before
leaving the
State of Illinois;
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| (9) obtain permission of an agent of the Department of | 9 |
| Corrections before
changing
his or her residence or | 10 |
| employment;
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| (10) consent to a search of his or her person, | 12 |
| property, or residence
under his or her
control;
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| (11) refrain from the use or possession of narcotics or | 14 |
| other controlled
substances in
any form, or both, or any | 15 |
| paraphernalia related to those substances and submit
to a
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| urinalysis test as instructed by a parole agent of the | 17 |
| Department of
Corrections;
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| (12) not frequent places where controlled substances | 19 |
| are illegally sold,
used,
distributed, or administered;
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| (13) not knowingly associate with other persons on | 21 |
| parole or mandatory
supervised
release without prior | 22 |
| written permission of his or her parole agent and not
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| associate with
persons who are members of an organized gang | 24 |
| as that term is defined in the
Illinois
Streetgang | 25 |
| Terrorism Omnibus Prevention Act;
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| (14) provide true and accurate information, as it |
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| relates to his or her
adjustment in the
community while on | 2 |
| parole or mandatory supervised release or to his or her
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| conduct
while incarcerated, in response to inquiries by his | 4 |
| or her parole agent or of
the
Department of Corrections;
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| (15) follow any specific instructions provided by the | 6 |
| parole agent that
are consistent
with furthering | 7 |
| conditions set and approved by the Prisoner Review Board or | 8 |
| by
law,
exclusive of placement on electronic detention, to | 9 |
| achieve the goals and
objectives of his
or her parole or | 10 |
| mandatory supervised release or to protect the public. | 11 |
| These
instructions by the parole agent may be modified at | 12 |
| any time, as the agent
deems
appropriate; and
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| (16) if convicted of a sex offense as defined in | 14 |
| subsection (a-5) of Section 3-1-2 of this Code, unless the | 15 |
| offender is a parent or guardian of the person under 18 | 16 |
| years of age present in the home and no non-familial minors | 17 |
| are present, not participate in a holiday event involving | 18 |
| children under 18 years of age, such as distributing candy | 19 |
| or other items to children on Halloween, wearing a Santa | 20 |
| Claus costume on or preceding Christmas, being employed as | 21 |
| a department store Santa Claus, or wearing an Easter Bunny | 22 |
| costume on or preceding Easter. | 23 |
| (b) The Board may in addition to other conditions
require | 24 |
| that the subject:
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| (1) work or pursue a course of study or vocational | 26 |
| training;
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| (2) undergo medical or psychiatric treatment, or | 2 |
| treatment
for drug addiction or alcoholism;
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| (3) attend or reside in a facility established for the
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| instruction or residence of persons on probation or parole;
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| (4) support his dependents;
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| (5) (blank);
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| (6) (blank);
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| (7) comply with the terms and conditions of an order of | 9 |
| protection
issued pursuant to the Illinois Domestic | 10 |
| Violence Act of 1986, enacted by the
84th General Assembly, | 11 |
| or an order of protection issued by the court of another
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| state, tribe, or United States territory;
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| (7.5) if convicted for an offense committed on or after | 14 |
| the effective date of this amendatory Act of the 95th | 15 |
| General Assembly that would qualify the accused as a child | 16 |
| sex offender as defined in Section 11-9.3 or 11-9.4 of the | 17 |
| Criminal Code of 1961, refrain from communicating with or | 18 |
| contacting, by means of the Internet, a person who is | 19 |
| related to the accused and whom the accused reasonably | 20 |
| believes to be under 18 years of age; for purposes of this | 21 |
| paragraph (7.5), "Internet" has the meaning ascribed to it | 22 |
| in Section 16J-5 of the Criminal Code of 1961, as added by | 23 |
| Public Act 94-179; and a person is related to the accused | 24 |
| if the person is: (i) the spouse, brother, or sister of the | 25 |
| accused; (ii) a descendant of the accused; (iii) a first or | 26 |
| second cousin of the accused; or (iv) a step-child or |
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| adopted child of the accused; and
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| (8) 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; | 6 |
| or
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| (iv) contribute to his own support at home or in a | 8 |
| foster
home.
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| (b-1) In addition to the conditions set forth in | 10 |
| subsections (a) and (b), persons required to register as sex | 11 |
| offenders pursuant to the Sex Offender Registration Act, upon | 12 |
| release from the custody of the Illinois Department of | 13 |
| Corrections, may be required by the Board to comply with the | 14 |
| following specific conditions of release: | 15 |
| (1) reside only at a Department approved location; | 16 |
| (2) comply with all requirements of the Sex Offender | 17 |
| Registration Act;
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| (3) notify
third parties of the risks that may be | 19 |
| occasioned by his or her criminal record; | 20 |
| (4) obtain the approval of an agent of the Department | 21 |
| of Corrections prior to accepting employment or pursuing a | 22 |
| course of study or vocational training and notify the | 23 |
| Department prior to any change in employment, study, or | 24 |
| training; | 25 |
| (5) not be employed or participate in any
volunteer | 26 |
| activity that involves contact with children, except under |
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| circumstances approved in advance and in writing by an | 2 |
| agent of the Department of Corrections; | 3 |
| (6) be electronically monitored for a minimum of 12 | 4 |
| months from the date of release as determined by the Board;
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| (7) refrain from entering into a designated
geographic | 6 |
| area except upon terms approved in advance by an agent of | 7 |
| the Department of Corrections. The terms may include | 8 |
| consideration of the purpose of the entry, the time of day, | 9 |
| and others accompanying the person; | 10 |
| (8) refrain from having any contact, including
written | 11 |
| or oral communications, directly or indirectly, personally | 12 |
| or by telephone, letter, or through a third party with | 13 |
| certain specified persons including, but not limited to, | 14 |
| the victim or the victim's family without the prior written | 15 |
| approval of an agent of the Department of Corrections; | 16 |
| (9) refrain from all contact, directly or
indirectly, | 17 |
| personally, by telephone, letter, or through a third party, | 18 |
| with minor children without prior identification and | 19 |
| approval of an agent of the Department of Corrections; | 20 |
| (10) neither possess or have under his or her
control | 21 |
| any material that is sexually oriented, sexually | 22 |
| stimulating, or that shows male or female sex organs or any | 23 |
| pictures depicting children under 18 years of age nude or | 24 |
| any written or audio material describing sexual | 25 |
| intercourse or that depicts or alludes to sexual activity, | 26 |
| including but not limited to visual, auditory, telephonic, |
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| or electronic media, or any matter obtained through access | 2 |
| to any computer or material linked to computer access use; | 3 |
| (11) not patronize any business providing
sexually | 4 |
| stimulating or sexually oriented entertainment nor utilize | 5 |
| "900" or adult telephone numbers; | 6 |
| (12) not reside near, visit, or be in or about
parks, | 7 |
| schools, day care centers, swimming pools, beaches, | 8 |
| theaters, or any other places where minor children | 9 |
| congregate without advance approval of an agent of the | 10 |
| Department of Corrections and immediately report any | 11 |
| incidental contact with minor children to the Department; | 12 |
| (13) not possess or have under his or her control
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| certain specified items of contraband related to the | 14 |
| incidence of sexually offending as determined by an agent | 15 |
| of the Department of Corrections; | 16 |
| (14) may be required to provide a written daily log of | 17 |
| activities
if directed by an agent of the Department of | 18 |
| Corrections; | 19 |
| (15) comply with all other special conditions
that the | 20 |
| Department may impose that restrict the person from | 21 |
| high-risk situations and limit access to potential | 22 |
| victims; | 23 |
| (16) take an annual polygraph exam; | 24 |
| (17) maintain a log of his or her travel; or | 25 |
| (18) obtain prior approval of his or her parole officer | 26 |
| before driving alone in a motor vehicle.
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| (c) The conditions under which the parole or mandatory
| 2 |
| supervised release is to be served shall be communicated to
the | 3 |
| person in writing prior to his release, and he shall
sign the | 4 |
| same before release. A signed copy of these conditions,
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| including a copy of an order of protection where one had been | 6 |
| issued by the
criminal court, shall be retained by the person | 7 |
| and another copy forwarded to
the officer in charge of his | 8 |
| supervision.
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| (d) After a hearing under Section 3-3-9, the Prisoner
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| Review Board may modify or enlarge the conditions of parole
or | 11 |
| mandatory supervised release.
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| (e) The Department shall inform all offenders committed to
| 13 |
| the Department of the optional services available to them
upon | 14 |
| release and shall assist inmates in availing themselves
of such | 15 |
| optional services upon their release on a voluntary
basis. | 16 |
| (f) When the subject is in compliance with all conditions | 17 |
| of his or her parole or mandatory supervised release, the | 18 |
| subject shall receive a reduction of the period of his or her | 19 |
| parole or mandatory supervised release of 90 days upon passage | 20 |
| of the high school level Test of General Educational | 21 |
| Development during the period of his or her parole or mandatory | 22 |
| supervised release. This reduction in the period of a subject's | 23 |
| term of parole or mandatory supervised release shall be | 24 |
| available only to subjects who have not previously earned a | 25 |
| high school diploma or who have not previously passed the high | 26 |
| school level Test of General Educational Development.
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| (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | 2 |
| 94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; | 3 |
| 95-579, eff. 6-1-08; 95-640, eff. 6-1-08; revised 10-17-07.)
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| (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
| 5 |
| (Text of Section after amendment by P.A. 95-464, 95-578 ) | 6 |
| Sec. 5-6-3. Conditions of Probation and of Conditional | 7 |
| Discharge.
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| (a) The conditions of probation and of conditional | 9 |
| discharge shall be
that the person:
| 10 |
| (1) not violate any criminal statute of any | 11 |
| jurisdiction;
| 12 |
| (2) report to or appear in person before such person or | 13 |
| agency as
directed by the court;
| 14 |
| (3) refrain from possessing a firearm or other | 15 |
| dangerous weapon;
| 16 |
| (4) not leave the State without the consent of the | 17 |
| court or, in
circumstances in which the reason for the | 18 |
| absence is of such an emergency
nature that prior consent | 19 |
| by the court is not possible, without the prior
| 20 |
| notification and approval of the person's probation
| 21 |
| officer. Transfer of a person's probation or conditional | 22 |
| discharge
supervision to another state is subject to | 23 |
| acceptance by the other state
pursuant to the Interstate | 24 |
| Compact for Adult Offender Supervision;
| 25 |
| (5) permit the probation officer to visit
him at his |
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| home or elsewhere
to the extent necessary to discharge his | 2 |
| duties;
| 3 |
| (6) perform no less than 30 hours of community service | 4 |
| and not more than
120 hours of community service, if | 5 |
| community service is available in the
jurisdiction and is | 6 |
| funded and approved by the county board where the offense
| 7 |
| was committed, where the offense was related to or in | 8 |
| furtherance of the
criminal activities of an organized gang | 9 |
| and was motivated by the offender's
membership in or | 10 |
| allegiance to an organized gang. The community service | 11 |
| shall
include, but not be limited to, the cleanup and | 12 |
| repair of any damage caused by
a violation of Section | 13 |
| 21-1.3 of the Criminal Code of 1961 and similar damage
to | 14 |
| property located within the municipality or county in which | 15 |
| the violation
occurred. When possible and reasonable, the | 16 |
| community service should be
performed in the offender's | 17 |
| neighborhood. For purposes of this Section,
"organized | 18 |
| gang" has the meaning ascribed to it in Section 10 of the | 19 |
| Illinois
Streetgang Terrorism Omnibus Prevention Act;
| 20 |
| (7) if he or she is at least 17 years of age and has | 21 |
| been sentenced to
probation or conditional discharge for a | 22 |
| misdemeanor or felony in a county of
3,000,000 or more | 23 |
| inhabitants and has not been previously convicted of a
| 24 |
| misdemeanor or felony, may be required by the sentencing | 25 |
| court to attend
educational courses designed to prepare the | 26 |
| defendant for a high school diploma
and to work toward a |
|
|
|
HB4875 |
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LRB095 14000 RLC 39827 b |
|
| 1 |
| high school diploma or to work toward passing the high
| 2 |
| school level Test of General Educational Development (GED) | 3 |
| or to work toward
completing a vocational training program | 4 |
| approved by the court. The person on
probation or | 5 |
| conditional discharge must attend a public institution of
| 6 |
| education to obtain the educational or vocational training | 7 |
| required by this
clause (7). The court shall revoke the | 8 |
| probation or conditional discharge of a
person who wilfully | 9 |
| fails to comply with this clause (7). The person on
| 10 |
| probation or conditional discharge shall be required to pay | 11 |
| for the cost of the
educational courses or GED test, if a | 12 |
| fee is charged for those courses or
test. The court shall | 13 |
| resentence the offender whose probation or conditional
| 14 |
| discharge has been revoked as provided in Section 5-6-4. | 15 |
| This clause (7) does
not apply to a person who has a high | 16 |
| school diploma or has successfully passed
the GED test. | 17 |
| This clause (7) does not apply to a person who is | 18 |
| determined by
the court to be developmentally disabled or | 19 |
| otherwise mentally incapable of
completing the educational | 20 |
| or vocational program;
| 21 |
| (8) if convicted of possession of a substance | 22 |
| prohibited
by the Cannabis Control Act, the Illinois | 23 |
| Controlled Substances Act, or the Methamphetamine Control | 24 |
| and Community Protection Act
after a previous conviction or | 25 |
| disposition of supervision for possession of a
substance | 26 |
| prohibited by the Cannabis Control Act or Illinois |
|
|
|
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LRB095 14000 RLC 39827 b |
|
| 1 |
| Controlled
Substances Act or after a sentence of probation | 2 |
| under Section 10 of the
Cannabis
Control Act, Section 410 | 3 |
| of the Illinois Controlled Substances Act, or Section 70 of | 4 |
| the Methamphetamine Control and Community Protection Act | 5 |
| and upon a
finding by the court that the person is | 6 |
| addicted, undergo treatment at a
substance abuse program | 7 |
| approved by the court;
| 8 |
| (8.5) if convicted of a felony sex offense as defined | 9 |
| in the Sex
Offender
Management Board Act, the person shall | 10 |
| undergo and successfully complete sex
offender treatment | 11 |
| by a treatment provider approved by the Board and conducted
| 12 |
| in conformance with the standards developed under the Sex
| 13 |
| Offender Management Board Act;
| 14 |
| (8.6) if convicted of a sex offense as defined in the | 15 |
| Sex Offender Management Board Act, refrain from residing at | 16 |
| the same address or in the same condominium unit or | 17 |
| apartment unit or in the same condominium complex or | 18 |
| apartment complex with another person he or she knows or | 19 |
| reasonably should know is a convicted sex offender or has | 20 |
| been placed on supervision for a sex offense; the | 21 |
| provisions of this paragraph do not apply to a person | 22 |
| convicted of a sex offense who is placed in a Department of | 23 |
| Corrections licensed transitional housing facility for sex | 24 |
| offenders; | 25 |
| (8.7) if convicted for an offense committed on or after | 26 |
| the effective date of this amendatory Act of the 95th |
|
|
|
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LRB095 14000 RLC 39827 b |
|
| 1 |
| General Assembly that would qualify the accused as a child | 2 |
| sex offender as defined in Section 11-9.3 or 11-9.4 of the | 3 |
| Criminal Code of 1961, refrain from communicating with or | 4 |
| contacting, by means of the Internet, a person who is not | 5 |
| related to the accused and whom the accused reasonably | 6 |
| believes to be under 18 years of age; for purposes of this | 7 |
| paragraph (8.7), "Internet" has the meaning ascribed to it | 8 |
| in Section 16J-5 of the Criminal Code of 1961, as added by | 9 |
| Public Act 94-179; and a person is not related to the | 10 |
| accused if the person is not: (i) the spouse, brother, or | 11 |
| sister of the accused; (ii) a descendant of the accused; | 12 |
| (iii) a first or second cousin of the accused; or (iv) a | 13 |
| step-child or adopted child of the accused; | 14 |
| (8.8) if convicted of a sex offense as defined in the | 15 |
| Sex Offender
Registration Act committed on or after the | 16 |
| effective date of this amendatory Act of the 95th General | 17 |
| Assembly, refrain from accessing or using a social | 18 |
| networking website as defined in Section 16D-2 of the | 19 |
| Criminal Code of 1961 during the period for which the sex | 20 |
| offender is required to register under the Sex Offender | 21 |
| Registration Act;
| 22 |
| (9) if convicted of a felony, physically surrender at a | 23 |
| time and place
designated by the court, his or her Firearm
| 24 |
| Owner's Identification Card and
any and all firearms in
his | 25 |
| or her possession; and
| 26 |
| (10) if convicted of a sex offense as defined in |
|
|
|
HB4875 |
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LRB095 14000 RLC 39827 b |
|
| 1 |
| subsection (a-5) of Section 3-1-2 of this Code, unless the | 2 |
| offender is a parent or guardian of the person under 18 | 3 |
| years of age present in the home and no non-familial minors | 4 |
| are present, not participate in a holiday event involving | 5 |
| children under 18 years of age, such as distributing candy | 6 |
| or other items to children on Halloween, wearing a Santa | 7 |
| Claus costume on or preceding Christmas, being employed as | 8 |
| a department store Santa Claus, or wearing an Easter Bunny | 9 |
| costume on or preceding Easter. | 10 |
| (b) The Court may in addition to other reasonable | 11 |
| conditions relating to the
nature of the offense or the | 12 |
| rehabilitation of the defendant as determined for
each | 13 |
| defendant in the proper discretion of the Court require that | 14 |
| the person:
| 15 |
| (1) serve a term of periodic imprisonment under Article | 16 |
| 7 for a
period not to exceed that specified in paragraph | 17 |
| (d) of Section 5-7-1;
| 18 |
| (2) pay a fine and costs;
| 19 |
| (3) work or pursue a course of study or vocational | 20 |
| training;
| 21 |
| (4) undergo medical, psychological or psychiatric | 22 |
| treatment; or treatment
for drug addiction or alcoholism;
| 23 |
| (5) attend or reside in a facility established for the | 24 |
| instruction
or residence of defendants on probation;
| 25 |
| (6) support his dependents;
| 26 |
| (7) and in addition, if a minor:
|
|
|
|
HB4875 |
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LRB095 14000 RLC 39827 b |
|
| 1 |
| (i) reside with his parents or in a foster home;
| 2 |
| (ii) attend school;
| 3 |
| (iii) attend a non-residential program for youth;
| 4 |
| (iv) contribute to his own support at home or in a | 5 |
| foster home;
| 6 |
| (v) with the consent of the superintendent of the
| 7 |
| facility, attend an educational program at a facility | 8 |
| other than the school
in which the
offense was | 9 |
| committed if he
or she is convicted of a crime of | 10 |
| violence as
defined in
Section 2 of the Crime Victims | 11 |
| Compensation Act committed in a school, on the
real
| 12 |
| property
comprising a school, or within 1,000 feet of | 13 |
| the real property comprising a
school;
| 14 |
| (8) make restitution as provided in Section 5-5-6 of | 15 |
| this Code;
| 16 |
| (9) perform some reasonable public or community | 17 |
| service;
| 18 |
| (10) serve a term of home confinement. In addition to | 19 |
| any other
applicable condition of probation or conditional | 20 |
| discharge, the
conditions of home confinement shall be that | 21 |
| the offender:
| 22 |
| (i) remain within the interior premises of the | 23 |
| place designated for
his confinement during the hours | 24 |
| designated by the court;
| 25 |
| (ii) admit any person or agent designated by the | 26 |
| court into the
offender's place of confinement at any |
|
|
|
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|
| 1 |
| time for purposes of verifying
the offender's | 2 |
| compliance with the conditions of his confinement; and
| 3 |
| (iii) if further deemed necessary by the court or | 4 |
| the
Probation or
Court Services Department, be placed | 5 |
| on an approved
electronic monitoring device, subject | 6 |
| to Article 8A of Chapter V;
| 7 |
| (iv) for persons convicted of any alcohol, | 8 |
| cannabis or controlled
substance violation who are | 9 |
| placed on an approved monitoring device as a
condition | 10 |
| of probation or conditional discharge, the court shall | 11 |
| impose a
reasonable fee for each day of the use of the | 12 |
| device, as established by the
county board in | 13 |
| subsection (g) of this Section, unless after | 14 |
| determining the
inability of the offender to pay the | 15 |
| fee, the court assesses a lesser fee or no
fee as the | 16 |
| case may be. This fee shall be imposed in addition to | 17 |
| the fees
imposed under subsections (g) and (i) of this | 18 |
| Section. The fee shall be
collected by the clerk of the | 19 |
| circuit court. The clerk of the circuit
court shall pay | 20 |
| all monies collected from this fee to the county | 21 |
| treasurer
for deposit in the substance abuse services | 22 |
| fund under Section 5-1086.1 of
the Counties Code; and
| 23 |
| (v) for persons convicted of offenses other than | 24 |
| those referenced in
clause (iv) above and who are | 25 |
| placed on an approved monitoring device as a
condition | 26 |
| of probation or conditional discharge, the court shall |
|
|
|
HB4875 |
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LRB095 14000 RLC 39827 b |
|
| 1 |
| impose
a reasonable fee for each day of the use of the | 2 |
| device, as established by the
county board in | 3 |
| subsection (g) of this Section, unless after | 4 |
| determining the
inability of the defendant to pay the | 5 |
| fee, the court assesses a lesser fee or
no fee as the | 6 |
| case may be. This fee shall be imposed in addition to | 7 |
| the fees
imposed under subsections (g) and (i) of this | 8 |
| Section. The fee
shall be collected by the clerk of the | 9 |
| circuit court. The clerk of the circuit
court shall pay | 10 |
| all monies collected from this fee
to the county | 11 |
| treasurer who shall use the monies collected to defray | 12 |
| the
costs of corrections. The county treasurer shall | 13 |
| deposit the fee
collected in the county working cash | 14 |
| fund under Section 6-27001 or Section
6-29002 of the | 15 |
| Counties Code, as the case may be.
| 16 |
| (11) comply with the terms and conditions of an order | 17 |
| of protection issued
by the court pursuant to the Illinois | 18 |
| Domestic Violence Act of 1986,
as now or hereafter amended, | 19 |
| or an order of protection issued by the court of
another | 20 |
| state, tribe, or United States territory. A copy of the | 21 |
| order of
protection shall be
transmitted to the probation | 22 |
| officer or agency
having responsibility for the case;
| 23 |
| (12) reimburse any "local anti-crime program" as | 24 |
| defined in Section 7
of the Anti-Crime Advisory Council Act | 25 |
| for any reasonable expenses incurred
by the program on the | 26 |
| offender's case, not to exceed the maximum amount of
the |
|
|
|
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LRB095 14000 RLC 39827 b |
|
| 1 |
| fine authorized for the offense for which the defendant was | 2 |
| sentenced;
| 3 |
| (13) contribute a reasonable sum of money, not to | 4 |
| exceed the maximum
amount of the fine authorized for the
| 5 |
| offense for which the defendant was sentenced, to a "local | 6 |
| anti-crime
program", as defined in Section 7 of the | 7 |
| Anti-Crime Advisory Council Act;
| 8 |
| (14) refrain from entering into a designated | 9 |
| geographic area except upon
such terms as the court finds | 10 |
| appropriate. Such terms may include
consideration of the | 11 |
| purpose of the entry, the time of day, other persons
| 12 |
| accompanying the defendant, and advance approval by a
| 13 |
| probation officer, if
the defendant has been placed on | 14 |
| probation or advance approval by the
court, if the | 15 |
| defendant was placed on conditional discharge;
| 16 |
| (15) refrain from having any contact, directly or | 17 |
| indirectly, with
certain specified persons or particular | 18 |
| types of persons, including but not
limited to members of | 19 |
| street gangs and drug users or dealers;
| 20 |
| (16) refrain from having in his or her body the | 21 |
| presence of any illicit
drug prohibited by the Cannabis | 22 |
| Control Act, the Illinois Controlled
Substances Act, or the | 23 |
| Methamphetamine Control and Community Protection Act, | 24 |
| unless prescribed by a physician, and submit samples of
his | 25 |
| or her blood or urine or both for tests to determine the | 26 |
| presence of any
illicit drug; and
|
|
|
|
HB4875 |
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LRB095 14000 RLC 39827 b |
|
| 1 |
| (17) if convicted for an offense committed on or after | 2 |
| the effective date of this amendatory Act of the 95th | 3 |
| General Assembly that would qualify the accused as a child | 4 |
| sex offender as defined in Section 11-9.3 or 11-9.4 of the | 5 |
| Criminal Code of 1961, refrain from communicating with or | 6 |
| contacting, by means of the Internet, a person who is | 7 |
| related to the accused and whom the accused reasonably | 8 |
| believes to be under 18 years of age; for purposes of this | 9 |
| paragraph (17), "Internet" has the meaning ascribed to it | 10 |
| in Section 16J-5 of the Criminal Code of 1961, as added by | 11 |
| Public Act 94-179; and a person is related to the accused | 12 |
| if the person is: (i) the spouse, brother, or sister of the | 13 |
| accused; (ii) a descendant of the accused; (iii) a first or | 14 |
| second cousin of the accused; or (iv) a step-child or | 15 |
| adopted child of the accused. | 16 |
| (c) The court may as a condition of probation or of | 17 |
| conditional
discharge require that a person under 18 years of | 18 |
| age found guilty of any
alcohol, cannabis or controlled | 19 |
| substance violation, refrain from acquiring
a driver's license | 20 |
| during
the period of probation or conditional discharge. If | 21 |
| such person
is in possession of a permit or license, the court | 22 |
| may require that
the minor refrain from driving or operating | 23 |
| any motor vehicle during the
period of probation or conditional | 24 |
| discharge, except as may be necessary in
the course of the | 25 |
| minor's lawful employment.
| 26 |
| (d) An offender sentenced to probation or to conditional |
|
|
|
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LRB095 14000 RLC 39827 b |
|
| 1 |
| discharge
shall be given a certificate setting forth the | 2 |
| conditions thereof.
| 3 |
| (e) Except where the offender has committed a fourth or | 4 |
| subsequent
violation of subsection (c) of Section 6-303 of the | 5 |
| Illinois Vehicle Code,
the court shall not require as a | 6 |
| condition of the sentence of
probation or conditional discharge | 7 |
| that the offender be committed to a
period of imprisonment in | 8 |
| excess of 6 months.
This 6 month limit shall not include | 9 |
| periods of confinement given pursuant to
a sentence of county | 10 |
| impact incarceration under Section 5-8-1.2.
| 11 |
| Persons committed to imprisonment as a condition of | 12 |
| probation or
conditional discharge shall not be committed to | 13 |
| the Department of
Corrections.
| 14 |
| (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.
| 18 |
| (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 |
|
|
|
HB4875 |
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LRB095 14000 RLC 39827 b |
|
| 1 |
| 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.
| 15 |
| (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
| 18 |
| 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.
| 21 |
| (i) The court shall impose upon an offender
sentenced to | 22 |
| probation after January 1, 1989 or to conditional discharge
| 23 |
| 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 |
|
|
|
HB4875 |
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LRB095 14000 RLC 39827 b |
|
| 1 |
| $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
| 9 |
| 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.
| 15 |
| 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 |
|
|
|
HB4875 |
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LRB095 14000 RLC 39827 b |
|
| 1 |
| victims
and their families.
| 2 |
| 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
| 23 |
| of the Clerks of Courts Act.
| 24 |
| (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 |
|
|
|
HB4875 |
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LRB095 14000 RLC 39827 b |
|
| 1 |
| 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 |
| (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | 8 |
| 94-556, eff. 9-11-05; 95-331, eff. 8-21-07; 95-464, eff. | 9 |
| 6-1-08; 95-578, eff. 6-1-08; revised 10-17-07.)
| 10 |
| (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
| 11 |
| Sec. 5-6-3.1. Incidents and Conditions of Supervision.
| 12 |
| (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 |
|
|
|
HB4875 |
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LRB095 14000 RLC 39827 b |
|
| 1 |
| 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;
|
|
|
|
HB4875 |
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LRB095 14000 RLC 39827 b |
|
| 1 |
| (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, to a "local | 24 |
| anti-crime program", as defined
in Section 7 of the | 25 |
| Anti-Crime Advisory Council Act;
| 26 |
| (14) refrain from entering into a designated |
|
|
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| geographic area except
upon such terms as the court finds | 2 |
| appropriate. Such terms may include
consideration of the | 3 |
| purpose of the entry, the time of day, other persons
| 4 |
| accompanying the defendant, and advance approval by a | 5 |
| probation officer;
| 6 |
| (15) refrain from having any contact, directly or | 7 |
| indirectly, with
certain specified persons or particular | 8 |
| types of person, including but not
limited to members of | 9 |
| street gangs and drug users or dealers;
| 10 |
| (16) refrain from having in his or her body the | 11 |
| presence of any illicit
drug prohibited by the Cannabis | 12 |
| Control Act, the Illinois Controlled
Substances Act, or the | 13 |
| Methamphetamine Control and Community Protection Act, | 14 |
| unless prescribed by a physician, and submit samples of
his | 15 |
| or her blood or urine or both for tests to determine the | 16 |
| presence of any
illicit drug;
| 17 |
| (17) refrain from operating any motor vehicle not | 18 |
| equipped with an
ignition interlock device as defined in | 19 |
| Section 1-129.1 of the Illinois
Vehicle Code. Under this | 20 |
| condition the court may allow a defendant who is not
| 21 |
| self-employed to operate a vehicle owned by the defendant's | 22 |
| employer that is
not equipped with an ignition interlock | 23 |
| device in the course and scope of the
defendant's | 24 |
| employment; and
| 25 |
| (18) if placed on supervision for a sex offense as | 26 |
| defined in subsection (a-5) of Section 3-1-2 of this Code, |
|
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| unless the offender is a parent or guardian of the person | 2 |
| under 18 years of age present in the home and no | 3 |
| non-familial minors are present, not participate in a | 4 |
| holiday event involving
children
under 18 years of age, | 5 |
| such as distributing candy or other items to children on
| 6 |
| Halloween,
wearing a Santa Claus costume on or preceding | 7 |
| Christmas, being employed as a
department store Santa | 8 |
| Claus, or wearing an Easter Bunny costume on or
preceding
| 9 |
| Easter. | 10 |
| (d) The court shall defer entering any judgment on the | 11 |
| charges
until the conclusion of the supervision.
| 12 |
| (e) At the conclusion of the period of supervision, if the | 13 |
| court
determines that the defendant has successfully complied | 14 |
| with all of the
conditions of supervision, the court shall | 15 |
| discharge the defendant and
enter a judgment dismissing the | 16 |
| charges.
| 17 |
| (f) Discharge and dismissal upon a successful conclusion of | 18 |
| a
disposition of supervision shall be deemed without | 19 |
| adjudication of guilt
and shall not be termed a conviction for | 20 |
| purposes of disqualification or
disabilities imposed by law | 21 |
| upon conviction of a crime. Two years after the
discharge and | 22 |
| dismissal under this Section, unless the disposition of
| 23 |
| supervision was for a violation of Sections 3-707, 3-708, | 24 |
| 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | 25 |
| similar
provision of a local ordinance, or for a violation of | 26 |
| Sections 12-3.2
or 16A-3 of the Criminal Code of 1961, in which |
|
|
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| 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 |
|
|
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| form of an
administrative order.
The fees shall be collected by | 2 |
| the clerk of the circuit court. The clerk of
the circuit court | 3 |
| shall pay all moneys collected from these fees to the county
| 4 |
| treasurer who shall use the moneys collected to defray the | 5 |
| costs of
drug testing, alcohol testing, and electronic | 6 |
| monitoring.
The county treasurer shall deposit the fees | 7 |
| collected in the
county working cash fund under Section 6-27001 | 8 |
| or Section 6-29002 of the
Counties Code, as the case may be.
| 9 |
| (h) A disposition of supervision is a final order for the | 10 |
| purposes
of appeal.
| 11 |
| (i) The court shall impose upon a defendant placed on | 12 |
| supervision
after January 1, 1992 or to community service under | 13 |
| the supervision of a
probation or court services department | 14 |
| after January 1, 2004, as a condition
of supervision or | 15 |
| supervised community service, a fee of $50 for
each month of | 16 |
| supervision or supervised community service ordered by the
| 17 |
| court, unless after
determining the inability of the person | 18 |
| placed on supervision or supervised
community service to pay | 19 |
| the
fee, the court assesses a lesser fee. The court may not | 20 |
| impose the fee on a
minor who is made a ward of the State under | 21 |
| the Juvenile Court Act of 1987
while the minor is in placement.
| 22 |
| The fee shall be imposed only upon a
defendant who is actively | 23 |
| supervised by the
probation and court services
department. The | 24 |
| fee shall be collected by the clerk of the circuit court.
The | 25 |
| clerk of the circuit court shall pay all monies collected from | 26 |
| this fee
to the county treasurer for deposit in the probation |
|
|
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| and court services
fund pursuant to Section 15.1 of the | 2 |
| Probation and
Probation Officers Act.
| 3 |
| A circuit court may not impose a probation fee in excess of | 4 |
| $25
per month unless: (1) the circuit court has adopted, by | 5 |
| administrative
order issued by the chief judge, a standard | 6 |
| probation fee guide
determining an offender's ability to pay, | 7 |
| under guidelines developed by
the Administrative
Office of the | 8 |
| Illinois Courts; and (2) the circuit court has authorized, by
| 9 |
| administrative order issued by the chief judge, the creation of | 10 |
| a Crime
Victim's Services Fund, to be administered by the Chief | 11 |
| Judge or his or
her designee, for services to crime victims and | 12 |
| their families. Of the
amount collected as a probation fee, not | 13 |
| to exceed $5 of that fee
collected per month may be used to | 14 |
| provide services to crime victims
and their families.
| 15 |
| (j) All fines and costs imposed under this Section for any
| 16 |
| violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 17 |
| Code, or a
similar provision of a local ordinance, and any | 18 |
| violation of the Child
Passenger Protection Act, or a similar | 19 |
| provision of a local ordinance, shall
be collected and | 20 |
| disbursed by the circuit clerk as provided under Section
27.5 | 21 |
| of the Clerks of Courts Act.
| 22 |
| (k) A defendant at least 17 years of age who is placed on | 23 |
| supervision
for a misdemeanor in a county of 3,000,000 or more | 24 |
| inhabitants
and who has not been previously convicted of a | 25 |
| misdemeanor or felony
may as a condition of his or her | 26 |
| supervision be required by the court to
attend educational |
|
|
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| 1 |
| courses designed to prepare the defendant for a high school
| 2 |
| diploma and to work toward a high school diploma or to work | 3 |
| toward passing the
high school level Test of General | 4 |
| Educational Development (GED) or to work
toward completing a | 5 |
| vocational training program approved by the court. The
| 6 |
| defendant placed on supervision must attend a public | 7 |
| institution of education
to obtain the educational or | 8 |
| vocational training required by this subsection
(k). The | 9 |
| defendant placed on supervision shall be required to pay for | 10 |
| the cost
of the educational courses or GED test, if a fee is | 11 |
| charged for those courses
or test. The court shall revoke the | 12 |
| supervision of a person who wilfully fails
to comply with this | 13 |
| subsection (k). The court shall resentence the defendant
upon | 14 |
| revocation of supervision as provided in Section 5-6-4. This | 15 |
| subsection
(k) does not apply to a defendant who has a high | 16 |
| school diploma or has
successfully passed the GED test. This | 17 |
| subsection (k) does not apply to a
defendant who is determined | 18 |
| by the court to be developmentally disabled or
otherwise | 19 |
| mentally incapable of completing the
educational or vocational | 20 |
| program.
| 21 |
| (l) The court shall require a defendant placed on | 22 |
| supervision for
possession of a substance
prohibited by the | 23 |
| Cannabis Control Act, the Illinois Controlled Substances Act, | 24 |
| or the Methamphetamine Control and Community Protection Act
| 25 |
| after a previous conviction or disposition of supervision for | 26 |
| possession of a
substance prohibited by the Cannabis Control |
|
|
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| 1 |
| Act, the Illinois Controlled
Substances Act, or the | 2 |
| Methamphetamine Control and Community Protection Act or a | 3 |
| sentence of probation under Section 10 of the Cannabis
Control | 4 |
| Act or Section 410 of the Illinois Controlled Substances Act
| 5 |
| and after a finding by the court that the person is addicted, | 6 |
| to undergo
treatment at a substance abuse program approved by | 7 |
| the court.
| 8 |
| (m) The Secretary of State shall require anyone placed on | 9 |
| court supervision
for a
violation of Section 3-707 of the | 10 |
| Illinois Vehicle Code or a similar provision
of a local | 11 |
| ordinance
to give proof of his or her financial
responsibility | 12 |
| as
defined in Section 7-315 of the Illinois Vehicle Code. The | 13 |
| proof shall be
maintained by the individual in a manner | 14 |
| satisfactory to the Secretary of State
for
a
minimum period of | 15 |
| one year after the date the proof is first filed.
The proof | 16 |
| shall be limited to a single action per arrest and may not be
| 17 |
| affected by any post-sentence disposition. The Secretary of | 18 |
| State shall
suspend the driver's license of any person
| 19 |
| determined by the Secretary to be in violation of this | 20 |
| subsection. | 21 |
| (n) Any offender placed on supervision for any offense that | 22 |
| the court or probation department has determined to be sexually | 23 |
| motivated as defined in the Sex Offender Management Board Act | 24 |
| shall be required to refrain from any contact, directly or | 25 |
| indirectly, with any persons specified by the court and shall | 26 |
| be available for all evaluations and treatment programs |
|
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| 1 |
| required by the court or the probation department.
| 2 |
| (o) An offender placed on supervision for a sex offense as | 3 |
| defined in the Sex Offender
Management Board Act shall refrain | 4 |
| from residing at the same address or in the same condominium | 5 |
| unit or apartment unit or in the same condominium complex or | 6 |
| apartment complex with another person he or she knows or | 7 |
| reasonably should know is a convicted sex offender or has been | 8 |
| placed on supervision for a sex offense. The provisions of this | 9 |
| subsection (o) do not apply to a person convicted of a sex | 10 |
| offense who is placed in a Department of Corrections licensed | 11 |
| transitional housing facility for sex offenders. | 12 |
| (p) An offender placed on supervision for a sex offense as | 13 |
| defined in the Sex Offender
Registration Act committed on or | 14 |
| after the effective date of this amendatory Act of the 95th | 15 |
| General Assembly shall refrain from accessing or using a social | 16 |
| networking website as defined in Section 16D-2 of the Criminal | 17 |
| Code of 1961 during the period for which the sex offender is | 18 |
| required to register under the Sex Offender Registration Act. | 19 |
| (Source: P.A. 93-475, eff. 8-8-03; 93-970, eff. 8-20-04; | 20 |
| 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; 94-556, eff. | 21 |
| 9-11-05; revised 8-19-05.)
|
|