Illinois General Assembly - Full Text of SB2870
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Full Text of SB2870  99th General Assembly

SB2870sam001 99TH GENERAL ASSEMBLY

Sen. John G. Mulroe

Filed: 4/14/2016

 

 


 

 


 
09900SB2870sam001LRB099 19901 RLC 46663 a

1
AMENDMENT TO SENATE BILL 2870

2    AMENDMENT NO. ______. Amend Senate Bill 2870 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 110-10 as follows:
 
6    (725 ILCS 5/110-10)  (from Ch. 38, par. 110-10)
7    Sec. 110-10. Conditions of bail bond.
8    (a) If a person is released prior to conviction, either
9upon payment of bail security or on his or her own
10recognizance, the conditions of the bail bond shall be that he
11or she will:
12        (1) Appear to answer the charge in the court having
13    jurisdiction on a day certain and thereafter as ordered by
14    the court until discharged or final order of the court;
15        (2) Submit himself or herself to the orders and process
16    of the court;

 

 

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1        (3) Not depart this State without leave of the court;
2        (4) Not violate any criminal statute of any
3    jurisdiction;
4        (5) At a time and place designated by the court,
5    surrender all firearms in his or her possession to a law
6    enforcement officer designated by the court to take custody
7    of and impound the firearms and physically surrender his or
8    her Firearm Owner's Identification Card to the clerk of the
9    circuit court when the offense the person has been charged
10    with is a forcible felony, stalking, aggravated stalking,
11    domestic battery, any violation of the Illinois Controlled
12    Substances Act, the Methamphetamine Control and Community
13    Protection Act, or the Cannabis Control Act that is
14    classified as a Class 2 or greater felony, or any felony
15    violation of Article 24 of the Criminal Code of 1961 or the
16    Criminal Code of 2012; the court may, however, forgo the
17    imposition of this condition when the circumstances of the
18    case clearly do not warrant it or when its imposition would
19    be impractical; if the Firearm Owner's Identification Card
20    is confiscated, the clerk of the circuit court shall mail
21    the confiscated card to the Illinois State Police; all
22    legally possessed firearms shall be returned to the person
23    upon the charges being dismissed, or if the person is found
24    not guilty, unless the finding of not guilty is by reason
25    of insanity; and
26        (6) At a time and place designated by the court, submit

 

 

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1    to a psychological evaluation when the person has been
2    charged with a violation of item (4) of subsection (a) of
3    Section 24-1 of the Criminal Code of 1961 or the Criminal
4    Code of 2012 and that violation occurred in a school or in
5    any conveyance owned, leased, or contracted by a school to
6    transport students to or from school or a school-related
7    activity, or on any public way within 1,000 feet of real
8    property comprising any school.
9    Psychological evaluations ordered pursuant to this Section
10shall be completed promptly and made available to the State,
11the defendant, and the court. As a further condition of bail
12under these circumstances, the court shall order the defendant
13to refrain from entering upon the property of the school,
14including any conveyance owned, leased, or contracted by a
15school to transport students to or from school or a
16school-related activity, or on any public way within 1,000 feet
17of real property comprising any school. Upon receipt of the
18psychological evaluation, either the State or the defendant may
19request a change in the conditions of bail, pursuant to Section
20110-6 of this Code. The court may change the conditions of bail
21to include a requirement that the defendant follow the
22recommendations of the psychological evaluation, including
23undergoing psychiatric treatment. The conclusions of the
24psychological evaluation and any statements elicited from the
25defendant during its administration are not admissible as
26evidence of guilt during the course of any trial on the charged

 

 

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1offense, unless the defendant places his or her mental
2competency in issue.
3    (b) The court may impose other conditions, such as the
4following, if the court finds that such conditions are
5reasonably necessary to assure the defendant's appearance in
6court, protect the public from the defendant, or prevent the
7defendant's unlawful interference with the orderly
8administration of justice:
9        (1) Report to or appear in person before such person or
10    agency as the court may direct;
11        (2) Refrain from possessing a firearm or other
12    dangerous weapon;
13        (3) Refrain from approaching or communicating with
14    particular persons or classes of persons;
15        (4) Refrain from going to certain described
16    geographical areas or premises;
17        (5) Refrain from engaging in certain activities or
18    indulging in intoxicating liquors or in certain drugs;
19        (6) Undergo treatment for drug addiction or
20    alcoholism;
21        (7) Undergo medical or psychiatric treatment;
22        (8) Work or pursue a course of study or vocational
23    training;
24        (9) Attend or reside in a facility designated by the
25    court;
26        (10) Support his or her dependents;

 

 

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1        (11) If a minor resides with his or her parents or in a
2    foster home, attend school, attend a non-residential
3    program for youths, and contribute to his or her own
4    support at home or in a foster home;
5        (12) Observe any curfew ordered by the court;
6        (13) Remain in the custody of such designated person or
7    organization agreeing to supervise his release. Such third
8    party custodian shall be responsible for notifying the
9    court if the defendant fails to observe the conditions of
10    release which the custodian has agreed to monitor, and
11    shall be subject to contempt of court for failure so to
12    notify the court;
13        (14) Be placed under direct supervision of the Pretrial
14    Services Agency, Probation Department or Court Services
15    Department in a pretrial bond home supervision capacity
16    with or without the use of an approved electronic
17    monitoring device subject to Article 8A of Chapter V of the
18    Unified Code of Corrections;
19        (14.1) The court shall impose upon a defendant who is
20    charged with any alcohol, cannabis, methamphetamine, or
21    controlled substance violation and is placed under direct
22    supervision of the Pretrial Services Agency, Probation
23    Department or Court Services Department in a pretrial bond
24    home supervision capacity with the use of an approved
25    monitoring device, as a condition of such bail bond, a fee
26    that represents costs incidental to the electronic

 

 

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1    monitoring for each day of such bail supervision ordered by
2    the court, unless after determining the inability of the
3    defendant to pay the fee, the court assesses a lesser fee
4    or no fee as the case may be. The fee shall be collected by
5    the clerk of the circuit court, except as provided in an
6    administrative order of the Chief Judge of the circuit
7    court. The clerk of the circuit court shall pay all monies
8    collected from this fee to the county treasurer for deposit
9    in the substance abuse services fund under Section 5-1086.1
10    of the Counties Code, except as provided in an
11    administrative order of the Chief Judge of the circuit
12    court.
13        The Chief Judge of the circuit court of the county may
14    by administrative order establish a program for electronic
15    monitoring of offenders with regard to drug-related and
16    alcohol-related offenses, in which a vendor supplies and
17    monitors the operation of the electronic monitoring
18    device, and collects the fees on behalf of the county. The
19    program shall include provisions for indigent offenders
20    and the collection of unpaid fees. The program shall not
21    unduly burden the offender and shall be subject to review
22    by the Chief Judge.
23        The Chief Judge of the circuit court may suspend any
24    additional charges or fees for late payment, interest, or
25    damage to any device;
26        (14.2) The court shall impose upon all defendants,

 

 

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1    including those defendants subject to paragraph (14.1)
2    above, placed under direct supervision of the Pretrial
3    Services Agency, Probation Department or Court Services
4    Department in a pretrial bond home supervision capacity
5    with the use of an approved monitoring device, as a
6    condition of such bail bond, a fee which shall represent
7    costs incidental to such electronic monitoring for each day
8    of such bail supervision ordered by the court, unless after
9    determining the inability of the defendant to pay the fee,
10    the court assesses a lesser fee or no fee as the case may
11    be. The fee shall be collected by the clerk of the circuit
12    court, except as provided in an administrative order of the
13    Chief Judge of the circuit court. The clerk of the circuit
14    court shall pay all monies collected from this fee to the
15    county treasurer who shall use the monies collected to
16    defray the costs of corrections. The county treasurer shall
17    deposit the fee collected in the county working cash fund
18    under Section 6-27001 or Section 6-29002 of the Counties
19    Code, as the case may be, except as provided in an
20    administrative order of the Chief Judge of the circuit
21    court.
22        The Chief Judge of the circuit court of the county may
23    by administrative order establish a program for electronic
24    monitoring of offenders with regard to drug-related and
25    alcohol-related offenses, in which a vendor supplies and
26    monitors the operation of the electronic monitoring

 

 

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1    device, and collects the fees on behalf of the county. The
2    program shall include provisions for indigent offenders
3    and the collection of unpaid fees. The program shall not
4    unduly burden the offender and shall be subject to review
5    by the Chief Judge.
6        The Chief Judge of the circuit court may suspend any
7    additional charges or fees for late payment, interest, or
8    damage to any device;
9        (14.3) The Chief Judge of the Judicial Circuit may
10    establish reasonable fees to be paid by a person receiving
11    pretrial services while under supervision of a pretrial
12    services agency, probation department, or court services
13    department. Reasonable fees may be charged for pretrial
14    services including, but not limited to, pretrial
15    supervision, diversion programs, electronic monitoring,
16    victim impact services, drug and alcohol testing, DNA
17    testing, GPS electronic monitoring, assessments and
18    evaluations related to domestic violence and other
19    victims, and victim mediation services. The person
20    receiving pretrial services may be ordered to pay all costs
21    incidental to pretrial services in accordance with his or
22    her ability to pay those costs;
23        (14.4) For persons charged with violating Section
24    11-501 of the Illinois Vehicle Code, refrain from operating
25    a motor vehicle not equipped with an ignition interlock
26    device, as defined in Section 1-129.1 of the Illinois

 

 

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1    Vehicle Code, pursuant to the rules promulgated by the
2    Secretary of State for the installation of ignition
3    interlock devices. Under this condition the court may allow
4    a defendant who is not self-employed to operate a vehicle
5    owned by the defendant's employer that is not equipped with
6    an ignition interlock device in the course and scope of the
7    defendant's employment;
8        (15) Comply with the terms and conditions of an order
9    of protection issued by the court under the Illinois
10    Domestic Violence Act of 1986 or an order of protection
11    issued by the court of another state, tribe, or United
12    States territory;
13        (16) Under Section 110-6.5 comply with the conditions
14    of the drug testing program; and
15        (17) Such other reasonable conditions as the court may
16    impose.
17    (c) When a person is charged with an offense under Section
1811-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
1912-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
20Criminal Code of 2012, involving a victim who is a minor under
2118 years of age living in the same household with the defendant
22at the time of the offense, in granting bail or releasing the
23defendant on his own recognizance, the judge shall impose
24conditions to restrict the defendant's access to the victim
25which may include, but are not limited to conditions that he
26will:

 

 

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1        1. Vacate the Household.
2        2. Make payment of temporary support to his dependents.
3        3. Refrain from contact or communication with the child
4    victim, except as ordered by the court.
5    (d) When a person is charged with a criminal offense and
6the victim is a family or household member as defined in
7Article 112A, conditions shall be imposed at the time of the
8defendant's release on bond that restrict the defendant's
9access to the victim. Unless provided otherwise by the court,
10the restrictions shall include requirements that the defendant
11do the following:
12        (1) refrain from contact or communication with the
13    victim for a minimum period of 72 hours following the
14    defendant's release; and
15        (2) refrain from entering or remaining at the victim's
16    residence for a minimum period of 72 hours following the
17    defendant's release.
18    (e) Local law enforcement agencies shall develop
19standardized bond forms for use in cases involving family or
20household members as defined in Article 112A, including
21specific conditions of bond as provided in subsection (d).
22Failure of any law enforcement department to develop or use
23those forms shall in no way limit the applicability and
24enforcement of subsections (d) and (f).
25    (f) If the defendant is admitted to bail after conviction
26the conditions of the bail bond shall be that he will, in

 

 

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1addition to the conditions set forth in subsections (a) and (b)
2hereof:
3        (1) Duly prosecute his appeal;
4        (2) Appear at such time and place as the court may
5    direct;
6        (3) Not depart this State without leave of the court;
7        (4) Comply with such other reasonable conditions as the
8    court may impose; and
9        (5) If the judgment is affirmed or the cause reversed
10    and remanded for a new trial, forthwith surrender to the
11    officer from whose custody he was bailed.
12    (g) Upon a finding of guilty for any felony offense, the
13defendant shall physically surrender, at a time and place
14designated by the court, any and all firearms in his or her
15possession and his or her Firearm Owner's Identification Card
16as a condition of remaining on bond pending sentencing.
17(Source: P.A. 96-340, eff. 8-11-09; 96-1551, eff. 7-1-11;
1897-401, eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1150, eff.
191-25-13.)
 
20    Section 10. The Unified Code of Corrections is amended by
21changing the heading of Article 8A of Chapter V and Sections
225-6-3, 5-6-3.1, 5-7-1, 5-8A-1, 5-8A-2, 5-8A-3, 5-8A-4,
235-8A-4.1, 5-8A-5, 5-8A-5.1, 5-8A-6, 5-8A-7, and 5-8A-8 and by
24adding Section 5-8A-9 as follows:
 

 

 

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1    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
2    Sec. 5-6-3. Conditions of Probation and of Conditional
3Discharge.
4    (a) The conditions of probation and of conditional
5discharge shall be that the person:
6        (1) not violate any criminal statute of any
7    jurisdiction;
8        (2) report to or appear in person before such person or
9    agency as directed by the court;
10        (3) refrain from possessing a firearm or other
11    dangerous weapon where the offense is a felony or, if a
12    misdemeanor, the offense involved the intentional or
13    knowing infliction of bodily harm or threat of bodily harm;
14        (4) not leave the State without the consent of the
15    court or, in circumstances in which the reason for the
16    absence is of such an emergency nature that prior consent
17    by the court is not possible, without the prior
18    notification and approval of the person's probation
19    officer. Transfer of a person's probation or conditional
20    discharge supervision to another state is subject to
21    acceptance by the other state pursuant to the Interstate
22    Compact for Adult Offender Supervision;
23        (5) permit the probation officer to visit him at his
24    home or elsewhere to the extent necessary to discharge his
25    duties;
26        (6) perform no less than 30 hours of community service

 

 

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1    and not more than 120 hours of community service, if
2    community service is available in the jurisdiction and is
3    funded and approved by the county board where the offense
4    was committed, where the offense was related to or in
5    furtherance of the criminal activities of an organized gang
6    and was motivated by the offender's membership in or
7    allegiance to an organized gang. The community service
8    shall include, but not be limited to, the cleanup and
9    repair of any damage caused by a violation of Section
10    21-1.3 of the Criminal Code of 1961 or the Criminal Code of
11    2012 and similar damage to property located within the
12    municipality or county in which the violation occurred.
13    When possible and reasonable, the community service should
14    be performed in the offender's neighborhood. For purposes
15    of this Section, "organized gang" has the meaning ascribed
16    to it in Section 10 of the Illinois Streetgang Terrorism
17    Omnibus Prevention Act;
18        (7) if he or she is at least 17 years of age and has
19    been sentenced to probation or conditional discharge for a
20    misdemeanor or felony in a county of 3,000,000 or more
21    inhabitants and has not been previously convicted of a
22    misdemeanor or felony, may be required by the sentencing
23    court to attend educational courses designed to prepare the
24    defendant for a high school diploma and to work toward a
25    high school diploma or to work toward passing high school
26    equivalency testing or to work toward completing a

 

 

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1    vocational training program approved by the court. The
2    person on probation or conditional discharge must attend a
3    public institution of education to obtain the educational
4    or vocational training required by this clause (7). The
5    court shall revoke the probation or conditional discharge
6    of a person who wilfully fails to comply with this clause
7    (7). The person on probation or conditional discharge shall
8    be required to pay for the cost of the educational courses
9    or high school equivalency testing if a fee is charged for
10    those courses or testing. The court shall resentence the
11    offender whose probation or conditional discharge has been
12    revoked as provided in Section 5-6-4. This clause (7) does
13    not apply to a person who has a high school diploma or has
14    successfully passed high school equivalency testing. This
15    clause (7) does not apply to a person who is determined by
16    the court to be a person with a developmental disability or
17    otherwise mentally incapable of completing the educational
18    or vocational program;
19        (8) if convicted of possession of a substance
20    prohibited by the Cannabis Control Act, the Illinois
21    Controlled Substances Act, or the Methamphetamine Control
22    and Community Protection Act after a previous conviction or
23    disposition of supervision for possession of a substance
24    prohibited by the Cannabis Control Act or Illinois
25    Controlled Substances Act or after a sentence of probation
26    under Section 10 of the Cannabis Control Act, Section 410

 

 

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1    of the Illinois Controlled Substances Act, or Section 70 of
2    the Methamphetamine Control and Community Protection Act
3    and upon a finding by the court that the person is
4    addicted, undergo treatment at a substance abuse program
5    approved by the court;
6        (8.5) if convicted of a felony sex offense as defined
7    in the Sex Offender Management Board Act, the person shall
8    undergo and successfully complete sex offender treatment
9    by a treatment provider approved by the Board and conducted
10    in conformance with the standards developed under the Sex
11    Offender Management Board Act;
12        (8.6) if convicted of a sex offense as defined in the
13    Sex Offender Management Board Act, refrain from residing at
14    the same address or in the same condominium unit or
15    apartment unit or in the same condominium complex or
16    apartment complex with another person he or she knows or
17    reasonably should know is a convicted sex offender or has
18    been placed on supervision for a sex offense; the
19    provisions of this paragraph do not apply to a person
20    convicted of a sex offense who is placed in a Department of
21    Corrections licensed transitional housing facility for sex
22    offenders;
23        (8.7) if convicted for an offense committed on or after
24    June 1, 2008 (the effective date of Public Act 95-464) that
25    would qualify the accused as a child sex offender as
26    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of

 

 

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1    1961 or the Criminal Code of 2012, refrain from
2    communicating with or contacting, by means of the Internet,
3    a person who is not related to the accused and whom the
4    accused reasonably believes to be under 18 years of age;
5    for purposes of this paragraph (8.7), "Internet" has the
6    meaning ascribed to it in Section 16-0.1 of the Criminal
7    Code of 2012; and a person is not related to the accused if
8    the person is not: (i) the spouse, brother, or sister of
9    the accused; (ii) a descendant of the accused; (iii) a
10    first or second cousin of the accused; or (iv) a step-child
11    or adopted child of the accused;
12        (8.8) if convicted for an offense under Section 11-6,
13    11-9.1, 11-14.4 that involves soliciting for a juvenile
14    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
15    of the Criminal Code of 1961 or the Criminal Code of 2012,
16    or any attempt to commit any of these offenses, committed
17    on or after June 1, 2009 (the effective date of Public Act
18    95-983):
19            (i) not access or use a computer or any other
20        device with Internet capability without the prior
21        written approval of the offender's probation officer,
22        except in connection with the offender's employment or
23        search for employment with the prior approval of the
24        offender's probation officer;
25            (ii) submit to periodic unannounced examinations
26        of the offender's computer or any other device with

 

 

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1        Internet capability by the offender's probation
2        officer, a law enforcement officer, or assigned
3        computer or information technology specialist,
4        including the retrieval and copying of all data from
5        the computer or device and any internal or external
6        peripherals and removal of such information,
7        equipment, or device to conduct a more thorough
8        inspection;
9            (iii) submit to the installation on the offender's
10        computer or device with Internet capability, at the
11        offender's expense, of one or more hardware or software
12        systems to monitor the Internet use; and
13            (iv) submit to any other appropriate restrictions
14        concerning the offender's use of or access to a
15        computer or any other device with Internet capability
16        imposed by the offender's probation officer;
17        (8.9) if convicted of a sex offense as defined in the
18    Sex Offender Registration Act committed on or after January
19    1, 2010 (the effective date of Public Act 96-262), refrain
20    from accessing or using a social networking website as
21    defined in Section 17-0.5 of the Criminal Code of 2012;
22        (9) if convicted of a felony or of any misdemeanor
23    violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
24    12-3.5 of the Criminal Code of 1961 or the Criminal Code of
25    2012 that was determined, pursuant to Section 112A-11.1 of
26    the Code of Criminal Procedure of 1963, to trigger the

 

 

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1    prohibitions of 18 U.S.C. 922(g)(9), physically surrender
2    at a time and place designated by the court, his or her
3    Firearm Owner's Identification Card and any and all
4    firearms in his or her possession. The Court shall return
5    to the Department of State Police Firearm Owner's
6    Identification Card Office the person's Firearm Owner's
7    Identification Card;
8        (10) if convicted of a sex offense as defined in
9    subsection (a-5) of Section 3-1-2 of this Code, unless the
10    offender is a parent or guardian of the person under 18
11    years of age present in the home and no non-familial minors
12    are present, not participate in a holiday event involving
13    children under 18 years of age, such as distributing candy
14    or other items to children on Halloween, wearing a Santa
15    Claus costume on or preceding Christmas, being employed as
16    a department store Santa Claus, or wearing an Easter Bunny
17    costume on or preceding Easter;
18        (11) if convicted of a sex offense as defined in
19    Section 2 of the Sex Offender Registration Act committed on
20    or after January 1, 2010 (the effective date of Public Act
21    96-362) that requires the person to register as a sex
22    offender under that Act, may not knowingly use any computer
23    scrub software on any computer that the sex offender uses;
24    and
25        (12) if convicted of a violation of the Methamphetamine
26    Control and Community Protection Act, the Methamphetamine

 

 

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1    Precursor Control Act, or a methamphetamine related
2    offense:
3            (A) prohibited from purchasing, possessing, or
4        having under his or her control any product containing
5        pseudoephedrine unless prescribed by a physician; and
6            (B) prohibited from purchasing, possessing, or
7        having under his or her control any product containing
8        ammonium nitrate.
9    (b) The Court may in addition to other reasonable
10conditions relating to the nature of the offense or the
11rehabilitation of the defendant as determined for each
12defendant in the proper discretion of the Court require that
13the person:
14        (1) serve a term of periodic imprisonment under Article
15    7 for a period not to exceed that specified in paragraph
16    (d) of Section 5-7-1;
17        (2) pay a fine and costs;
18        (3) work or pursue a course of study or vocational
19    training;
20        (4) undergo medical, psychological or psychiatric
21    treatment; or treatment for drug addiction or alcoholism;
22        (5) attend or reside in a facility established for the
23    instruction or residence of defendants on probation;
24        (6) support his dependents;
25        (7) and in addition, if a minor:
26            (i) reside with his parents or in a foster home;

 

 

09900SB2870sam001- 20 -LRB099 19901 RLC 46663 a

1            (ii) attend school;
2            (iii) attend a non-residential program for youth;
3            (iv) contribute to his own support at home or in a
4        foster home;
5            (v) with the consent of the superintendent of the
6        facility, attend an educational program at a facility
7        other than the school in which the offense was
8        committed if he or she is convicted of a crime of
9        violence as defined in Section 2 of the Crime Victims
10        Compensation Act committed in a school, on the real
11        property comprising a school, or within 1,000 feet of
12        the real property comprising a school;
13        (8) make restitution as provided in Section 5-5-6 of
14    this Code;
15        (9) perform some reasonable public or community
16    service;
17        (10) serve a term of home confinement. In addition to
18    any other applicable condition of probation or conditional
19    discharge, the conditions of home confinement shall be that
20    the offender:
21            (i) remain within the interior premises of the
22        place designated for his confinement during the hours
23        designated by the court;
24            (ii) admit any person or agent designated by the
25        court into the offender's place of confinement at any
26        time for purposes of verifying the offender's

 

 

09900SB2870sam001- 21 -LRB099 19901 RLC 46663 a

1        compliance with the conditions of his confinement; and
2            (iii) if further deemed necessary by the court or
3        the Probation or Court Services Department, be placed
4        on an approved electronic monitoring device, subject
5        to Article 8A of Chapter V;
6            (iv) for persons convicted of any alcohol,
7        cannabis or controlled substance violation who are
8        placed on an approved monitoring device as a condition
9        of probation or conditional discharge, the court shall
10        impose a reasonable fee for each day of the use of the
11        device, as established by the county board in
12        subsection (g) of this Section, unless after
13        determining the inability of the offender to pay the
14        fee, the court assesses a lesser fee or no fee as the
15        case may be. This fee shall be imposed in addition to
16        the fees imposed under subsections (g) and (i) of this
17        Section. The fee shall be collected by the clerk of the
18        circuit court, except as provided in an administrative
19        order of the Chief Judge of the circuit court. The
20        clerk of the circuit court shall pay all monies
21        collected from this fee to the county treasurer for
22        deposit in the substance abuse services fund under
23        Section 5-1086.1 of the Counties Code, except as
24        provided in an administrative order of the Chief Judge
25        of the circuit court.
26            The Chief Judge of the circuit court of the county

 

 

09900SB2870sam001- 22 -LRB099 19901 RLC 46663 a

1        may by administrative order establish a program for
2        electronic monitoring of offenders, in which a vendor
3        supplies and monitors the operation of the electronic
4        monitoring device, and collects the fees on behalf of
5        the county. The program shall include provisions for
6        indigent offenders and the collection of unpaid fees.
7        The program shall not unduly burden the offender and
8        shall be subject to review by the Chief Judge.
9            The Chief Judge of the circuit court may suspend
10        any additional charges or fees for late payment,
11        interest, or damage to any device; and
12            (v) for persons convicted of offenses other than
13        those referenced in clause (iv) above and who are
14        placed on an approved monitoring device as a condition
15        of probation or conditional discharge, the court shall
16        impose a reasonable fee for each day of the use of the
17        device, as established by the county board in
18        subsection (g) of this Section, unless after
19        determining the inability of the defendant to pay the
20        fee, the court assesses a lesser fee or no fee as the
21        case may be. This fee shall be imposed in addition to
22        the fees imposed under subsections (g) and (i) of this
23        Section. The fee shall be collected by the clerk of the
24        circuit court, except as provided in an administrative
25        order of the Chief Judge of the circuit court. The
26        clerk of the circuit court shall pay all monies

 

 

09900SB2870sam001- 23 -LRB099 19901 RLC 46663 a

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

 

 

09900SB2870sam001- 24 -LRB099 19901 RLC 46663 a

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

 

 

09900SB2870sam001- 25 -LRB099 19901 RLC 46663 a

1    presence of any illicit drug prohibited by the Cannabis
2    Control Act, the Illinois Controlled Substances Act, or the
3    Methamphetamine Control and Community Protection Act,
4    unless prescribed by a physician, and submit samples of his
5    or her blood or urine or both for tests to determine the
6    presence of any illicit drug;
7        (17) if convicted for an offense committed on or after
8    June 1, 2008 (the effective date of Public Act 95-464) that
9    would qualify the accused as a child sex offender as
10    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
11    1961 or the Criminal Code of 2012, refrain from
12    communicating with or contacting, by means of the Internet,
13    a person who is related to the accused and whom the accused
14    reasonably believes to be under 18 years of age; for
15    purposes of this paragraph (17), "Internet" has the meaning
16    ascribed to it in Section 16-0.1 of the Criminal Code of
17    2012; and a person is related to the accused if the person
18    is: (i) the spouse, brother, or sister of the accused; (ii)
19    a descendant of the accused; (iii) a first or second cousin
20    of the accused; or (iv) a step-child or adopted child of
21    the accused;
22        (18) if convicted for an offense committed on or after
23    June 1, 2009 (the effective date of Public Act 95-983) that
24    would qualify as a sex offense as defined in the Sex
25    Offender Registration Act:
26            (i) not access or use a computer or any other

 

 

09900SB2870sam001- 26 -LRB099 19901 RLC 46663 a

1        device with Internet capability without the prior
2        written approval of the offender's probation officer,
3        except in connection with the offender's employment or
4        search for employment with the prior approval of the
5        offender's probation officer;
6            (ii) submit to periodic unannounced examinations
7        of the offender's computer or any other device with
8        Internet capability by the offender's probation
9        officer, a law enforcement officer, or assigned
10        computer or information technology specialist,
11        including the retrieval and copying of all data from
12        the computer or device and any internal or external
13        peripherals and removal of such information,
14        equipment, or device to conduct a more thorough
15        inspection;
16            (iii) submit to the installation on the offender's
17        computer or device with Internet capability, at the
18        subject's expense, of one or more hardware or software
19        systems to monitor the Internet use; and
20            (iv) submit to any other appropriate restrictions
21        concerning the offender's use of or access to a
22        computer or any other device with Internet capability
23        imposed by the offender's probation officer; and
24        (19) refrain from possessing a firearm or other
25    dangerous weapon where the offense is a misdemeanor that
26    did not involve the intentional or knowing infliction of

 

 

09900SB2870sam001- 27 -LRB099 19901 RLC 46663 a

1    bodily harm or threat of bodily harm.
2    (c) The court may as a condition of probation or of
3conditional discharge require that a person under 18 years of
4age found guilty of any alcohol, cannabis or controlled
5substance violation, refrain from acquiring a driver's license
6during the period of probation or conditional discharge. If
7such person is in possession of a permit or license, the court
8may require that the minor refrain from driving or operating
9any motor vehicle during the period of probation or conditional
10discharge, except as may be necessary in the course of the
11minor's lawful employment.
12    (d) An offender sentenced to probation or to conditional
13discharge shall be given a certificate setting forth the
14conditions thereof.
15    (e) Except where the offender has committed a fourth or
16subsequent violation of subsection (c) of Section 6-303 of the
17Illinois Vehicle Code, the court shall not require as a
18condition of the sentence of probation or conditional discharge
19that the offender be committed to a period of imprisonment in
20excess of 6 months. This 6 month limit shall not include
21periods of confinement given pursuant to a sentence of county
22impact incarceration under Section 5-8-1.2.
23    Persons committed to imprisonment as a condition of
24probation or conditional discharge shall not be committed to
25the Department of Corrections.
26    (f) The court may combine a sentence of periodic

 

 

09900SB2870sam001- 28 -LRB099 19901 RLC 46663 a

1imprisonment under Article 7 or a sentence to a county impact
2incarceration program under Article 8 with a sentence of
3probation or conditional discharge.
4    (g) An offender sentenced to probation or to conditional
5discharge and who during the term of either undergoes mandatory
6drug or alcohol testing, or both, or is assigned to be placed
7on an approved electronic monitoring device, shall be ordered
8to pay all costs incidental to such mandatory drug or alcohol
9testing, or both, and all costs incidental to such approved
10electronic monitoring in accordance with the defendant's
11ability to pay those costs. The county board with the
12concurrence of the Chief Judge of the judicial circuit in which
13the county is located shall establish reasonable fees for the
14cost of maintenance, testing, and incidental expenses related
15to the mandatory drug or alcohol testing, or both, and all
16costs incidental to approved electronic monitoring, involved
17in a successful probation program for the county. The
18concurrence of the Chief Judge shall be in the form of an
19administrative order. The fees shall be collected by the clerk
20of the circuit court, except as provided in an administrative
21order of the Chief Judge of the circuit court. The clerk of the
22circuit court shall pay all moneys collected from these fees to
23the county treasurer who shall use the moneys collected to
24defray the costs of drug testing, alcohol testing, and
25electronic monitoring. The county treasurer shall deposit the
26fees collected in the county working cash fund under Section

 

 

09900SB2870sam001- 29 -LRB099 19901 RLC 46663 a

16-27001 or Section 6-29002 of the Counties Code, as the case
2may be. The Chief Judge of the circuit court of the county may
3by administrative order establish a program for electronic
4monitoring of offenders, in which a vendor supplies and
5monitors the operation of the electronic monitoring device, and
6collects the fees on behalf of the county. The program shall
7include provisions for indigent offenders and the collection of
8unpaid fees. The program shall not unduly burden the offender
9and shall be subject to review by the Chief Judge.
10    The Chief Judge of the circuit court may suspend any
11additional charges or fees for late payment, interest, or
12damage to any device.
13    (h) Jurisdiction over an offender may be transferred from
14the sentencing court to the court of another circuit with the
15concurrence of both courts. Further transfers or retransfers of
16jurisdiction are also authorized in the same manner. The court
17to which jurisdiction has been transferred shall have the same
18powers as the sentencing court. The probation department within
19the circuit to which jurisdiction has been transferred, or
20which has agreed to provide supervision, may impose probation
21fees upon receiving the transferred offender, as provided in
22subsection (i). For all transfer cases, as defined in Section
239b of the Probation and Probation Officers Act, the probation
24department from the original sentencing court shall retain all
25probation fees collected prior to the transfer. After the
26transfer all probation fees shall be paid to the probation

 

 

09900SB2870sam001- 30 -LRB099 19901 RLC 46663 a

1department within the circuit to which jurisdiction has been
2transferred.
3    (i) The court shall impose upon an offender sentenced to
4probation after January 1, 1989 or to conditional discharge
5after January 1, 1992 or to community service under the
6supervision of a probation or court services department after
7January 1, 2004, as a condition of such probation or
8conditional discharge or supervised community service, a fee of
9$50 for each month of probation or conditional discharge
10supervision or supervised community service ordered by the
11court, unless after determining the inability of the person
12sentenced to probation or conditional discharge or supervised
13community service to pay the fee, the court assesses a lesser
14fee. The court may not impose the fee on a minor who is made a
15ward of the State under the Juvenile Court Act of 1987 while
16the minor is in placement. The fee shall be imposed only upon
17an offender who is actively supervised by the probation and
18court services department. The fee shall be collected by the
19clerk of the circuit court. The clerk of the circuit court
20shall pay all monies collected from this fee to the county
21treasurer for deposit in the probation and court services fund
22under Section 15.1 of the Probation and Probation Officers Act.
23    A circuit court may not impose a probation fee under this
24subsection (i) in excess of $25 per month unless the circuit
25court has adopted, by administrative order issued by the chief
26judge, a standard probation fee guide determining an offender's

 

 

09900SB2870sam001- 31 -LRB099 19901 RLC 46663 a

1ability to pay Of the amount collected as a probation fee, up
2to $5 of that fee collected per month may be used to provide
3services to crime victims and their families.
4    The Court may only waive probation fees based on an
5offender's ability to pay. The probation department may
6re-evaluate an offender's ability to pay every 6 months, and,
7with the approval of the Director of Court Services or the
8Chief Probation Officer, adjust the monthly fee amount. An
9offender may elect to pay probation fees due in a lump sum. Any
10offender that has been assigned to the supervision of a
11probation department, or has been transferred either under
12subsection (h) of this Section or under any interstate compact,
13shall be required to pay probation fees to the department
14supervising the offender, based on the offender's ability to
15pay.
16    This amendatory Act of the 93rd General Assembly deletes
17the $10 increase in the fee under this subsection that was
18imposed by Public Act 93-616. This deletion is intended to
19control over any other Act of the 93rd General Assembly that
20retains or incorporates that fee increase.
21    (i-5) In addition to the fees imposed under subsection (i)
22of this Section, in the case of an offender convicted of a
23felony sex offense (as defined in the Sex Offender Management
24Board Act) or an offense that the court or probation department
25has determined to be sexually motivated (as defined in the Sex
26Offender Management Board Act), the court or the probation

 

 

09900SB2870sam001- 32 -LRB099 19901 RLC 46663 a

1department shall assess additional fees to pay for all costs of
2treatment, assessment, evaluation for risk and treatment, and
3monitoring the offender, based on that offender's ability to
4pay those costs either as they occur or under a payment plan.
5    (j) All fines and costs imposed under this Section for any
6violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
7Code, or a similar provision of a local ordinance, and any
8violation of the Child Passenger Protection Act, or a similar
9provision of a local ordinance, shall be collected and
10disbursed by the circuit clerk as provided under Section 27.5
11of the Clerks of Courts Act.
12    (k) Any offender who is sentenced to probation or
13conditional discharge for a felony sex offense as defined in
14the Sex Offender Management Board Act or any offense that the
15court or probation department has determined to be sexually
16motivated as defined in the Sex Offender Management Board Act
17shall be required to refrain from any contact, directly or
18indirectly, with any persons specified by the court and shall
19be available for all evaluations and treatment programs
20required by the court or the probation department.
21    (l) The court may order an offender who is sentenced to
22probation or conditional discharge for a violation of an order
23of protection be placed under electronic surveillance as
24provided in Section 5-8A-7 of this Code.
25(Source: P.A. 98-575, eff. 1-1-14; 98-718, eff. 1-1-15; 99-143,
26eff. 7-27-15.)
 

 

 

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1    (730 ILCS 5/5-6-3.1)  (from Ch. 38, par. 1005-6-3.1)
2    Sec. 5-6-3.1. Incidents and Conditions of Supervision.
3    (a) When a defendant is placed on supervision, the court
4shall enter an order for supervision specifying the period of
5such supervision, and shall defer further proceedings in the
6case until the conclusion of the period.
7    (b) The period of supervision shall be reasonable under all
8of the circumstances of the case, but may not be longer than 2
9years, unless the defendant has failed to pay the assessment
10required by Section 10.3 of the Cannabis Control Act, Section
11411.2 of the Illinois Controlled Substances Act, or Section 80
12of the Methamphetamine Control and Community Protection Act, in
13which case the court may extend supervision beyond 2 years.
14Additionally, the court shall order the defendant to perform no
15less than 30 hours of community service and not more than 120
16hours of community service, if community service is available
17in the jurisdiction and is funded and approved by the county
18board where the offense was committed, when the offense (1) was
19related to or in furtherance of the criminal activities of an
20organized gang or was motivated by the defendant's membership
21in or allegiance to an organized gang; or (2) is a violation of
22any Section of Article 24 of the Criminal Code of 1961 or the
23Criminal Code of 2012 where a disposition of supervision is not
24prohibited by Section 5-6-1 of this Code. The community service
25shall include, but not be limited to, the cleanup and repair of

 

 

09900SB2870sam001- 34 -LRB099 19901 RLC 46663 a

1any damage caused by violation of Section 21-1.3 of the
2Criminal Code of 1961 or the Criminal Code of 2012 and similar
3damages to property located within the municipality or county
4in which the violation occurred. Where possible and reasonable,
5the community service should be performed in the offender's
6neighborhood.
7    For the purposes of this Section, "organized gang" has the
8meaning ascribed to it in Section 10 of the Illinois Streetgang
9Terrorism Omnibus Prevention Act.
10    (c) The court may in addition to other reasonable
11conditions relating to the nature of the offense or the
12rehabilitation of the defendant as determined for each
13defendant in the proper discretion of the court require that
14the person:
15        (1) make a report to and appear in person before or
16    participate with the court or such courts, person, or
17    social service agency as directed by the court in the order
18    of supervision;
19        (2) pay a fine and costs;
20        (3) work or pursue a course of study or vocational
21    training;
22        (4) undergo medical, psychological or psychiatric
23    treatment; or treatment for drug addiction or alcoholism;
24        (5) attend or reside in a facility established for the
25    instruction or residence of defendants on probation;
26        (6) support his dependents;

 

 

09900SB2870sam001- 35 -LRB099 19901 RLC 46663 a

1        (7) refrain from possessing a firearm or other
2    dangerous weapon;
3        (8) and in addition, if a minor:
4            (i) reside with his parents or in a foster home;
5            (ii) attend school;
6            (iii) attend a non-residential program for youth;
7            (iv) contribute to his own support at home or in a
8        foster home; or
9            (v) with the consent of the superintendent of the
10        facility, attend an educational program at a facility
11        other than the school in which the offense was
12        committed if he or she is placed on supervision for a
13        crime of violence as defined in Section 2 of the Crime
14        Victims Compensation Act committed in a school, on the
15        real property comprising a school, or within 1,000 feet
16        of the real property comprising a school;
17        (9) make restitution or reparation in an amount not to
18    exceed actual loss or damage to property and pecuniary loss
19    or make restitution under Section 5-5-6 to a domestic
20    violence shelter. The court shall determine the amount and
21    conditions of payment;
22        (10) perform some reasonable public or community
23    service;
24        (11) comply with the terms and conditions of an order
25    of protection issued by the court pursuant to the Illinois
26    Domestic Violence Act of 1986 or an order of protection

 

 

09900SB2870sam001- 36 -LRB099 19901 RLC 46663 a

1    issued by the court of another state, tribe, or United
2    States territory. If the court has ordered the defendant to
3    make a report and appear in person under paragraph (1) of
4    this subsection, a copy of the order of protection shall be
5    transmitted to the person or agency so designated by the
6    court;
7        (12) reimburse any "local anti-crime program" as
8    defined in Section 7 of the Anti-Crime Advisory Council Act
9    for any reasonable expenses incurred by the program on the
10    offender's case, not to exceed the maximum amount of the
11    fine authorized for the offense for which the defendant was
12    sentenced;
13        (13) contribute a reasonable sum of money, not to
14    exceed the maximum amount of the fine authorized for the
15    offense for which the defendant was sentenced, (i) to a
16    "local anti-crime program", as defined in Section 7 of the
17    Anti-Crime Advisory Council Act, or (ii) for offenses under
18    the jurisdiction of the Department of Natural Resources, to
19    the fund established by the Department of Natural Resources
20    for the purchase of evidence for investigation purposes and
21    to conduct investigations as outlined in Section 805-105 of
22    the Department of Natural Resources (Conservation) Law;
23        (14) refrain from entering into a designated
24    geographic area except upon such terms as the court finds
25    appropriate. Such terms may include consideration of the
26    purpose of the entry, the time of day, other persons

 

 

09900SB2870sam001- 37 -LRB099 19901 RLC 46663 a

1    accompanying the defendant, and advance approval by a
2    probation officer;
3        (15) refrain from having any contact, directly or
4    indirectly, with certain specified persons or particular
5    types of person, including but not limited to members of
6    street gangs and drug users or dealers;
7        (16) refrain from having in his or her body the
8    presence of any illicit drug prohibited by the Cannabis
9    Control Act, the Illinois Controlled Substances Act, or the
10    Methamphetamine Control and Community Protection Act,
11    unless prescribed by a physician, and submit samples of his
12    or her blood or urine or both for tests to determine the
13    presence of any illicit drug;
14        (17) refrain from operating any motor vehicle not
15    equipped with an ignition interlock device as defined in
16    Section 1-129.1 of the Illinois Vehicle Code; under this
17    condition the court may allow a defendant who is not
18    self-employed to operate a vehicle owned by the defendant's
19    employer that is not equipped with an ignition interlock
20    device in the course and scope of the defendant's
21    employment; and
22        (18) if placed on supervision for a sex offense as
23    defined in subsection (a-5) of Section 3-1-2 of this Code,
24    unless the offender is a parent or guardian of the person
25    under 18 years of age present in the home and no
26    non-familial minors are present, not participate in a

 

 

09900SB2870sam001- 38 -LRB099 19901 RLC 46663 a

1    holiday event involving children under 18 years of age,
2    such as distributing candy or other items to children on
3    Halloween, wearing a Santa Claus costume on or preceding
4    Christmas, being employed as a department store Santa
5    Claus, or wearing an Easter Bunny costume on or preceding
6    Easter.
7    (c-5) If payment of restitution as ordered has not been
8made, the victim shall file a petition notifying the sentencing
9court, any other person to whom restitution is owed, and the
10State's Attorney of the status of the ordered restitution
11payments unpaid at least 90 days before the supervision
12expiration date. If payment as ordered has not been made, the
13court shall hold a review hearing prior to the expiration date,
14unless the hearing is voluntarily waived by the defendant with
15the knowledge that waiver may result in an extension of the
16supervision period or in a revocation of supervision. If the
17court does not extend supervision, it shall issue a judgment
18for the unpaid restitution and direct the clerk of the circuit
19court to file and enter the judgment in the judgment and lien
20docket, without fee, unless it finds that the victim has
21recovered a judgment against the defendant for the amount
22covered by the restitution order. If the court issues a
23judgment for the unpaid restitution, the court shall send to
24the defendant at his or her last known address written
25notification that a civil judgment has been issued for the
26unpaid restitution.

 

 

09900SB2870sam001- 39 -LRB099 19901 RLC 46663 a

1    (d) The court shall defer entering any judgment on the
2charges until the conclusion of the supervision.
3    (e) At the conclusion of the period of supervision, if the
4court determines that the defendant has successfully complied
5with all of the conditions of supervision, the court shall
6discharge the defendant and enter a judgment dismissing the
7charges.
8    (f) Discharge and dismissal upon a successful conclusion of
9a disposition of supervision shall be deemed without
10adjudication of guilt and shall not be termed a conviction for
11purposes of disqualification or disabilities imposed by law
12upon conviction of a crime. Two years after the discharge and
13dismissal under this Section, unless the disposition of
14supervision was for a violation of Sections 3-707, 3-708,
153-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
16similar provision of a local ordinance, or for a violation of
17Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961
18or the Criminal Code of 2012, in which case it shall be 5 years
19after discharge and dismissal, a person may have his record of
20arrest sealed or expunged as may be provided by law. However,
21any defendant placed on supervision before January 1, 1980, may
22move for sealing or expungement of his arrest record, as
23provided by law, at any time after discharge and dismissal
24under this Section. A person placed on supervision for a sexual
25offense committed against a minor as defined in clause
26(a)(1)(L) of Section 5.2 of the Criminal Identification Act or

 

 

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1for a violation of Section 11-501 of the Illinois Vehicle Code
2or a similar provision of a local ordinance shall not have his
3or her record of arrest sealed or expunged.
4    (g) A defendant placed on supervision and who during the
5period of supervision undergoes mandatory drug or alcohol
6testing, or both, or is assigned to be placed on an approved
7electronic monitoring device, shall be ordered to pay the costs
8incidental to such mandatory drug or alcohol testing, or both,
9and costs incidental to such approved electronic monitoring in
10accordance with the defendant's ability to pay those costs. The
11county board with the concurrence of the Chief Judge of the
12judicial circuit in which the county is located shall establish
13reasonable fees for the cost of maintenance, testing, and
14incidental expenses related to the mandatory drug or alcohol
15testing, or both, and all costs incidental to approved
16electronic monitoring, of all defendants placed on
17supervision. The concurrence of the Chief Judge shall be in the
18form of an administrative order. The fees shall be collected by
19the clerk of the circuit court, except as provided in an
20administrative order of the Chief Judge of the circuit court.
21The clerk of the circuit court shall pay all moneys collected
22from these fees to the county treasurer who shall use the
23moneys collected to defray the costs of drug testing, alcohol
24testing, and electronic monitoring. The county treasurer shall
25deposit the fees collected in the county working cash fund
26under Section 6-27001 or Section 6-29002 of the Counties Code,

 

 

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1as the case may be.
2    The Chief Judge of the circuit court of the county may by
3administrative order establish a program for electronic
4monitoring of offenders, in which a vendor supplies and
5monitors the operation of the electronic monitoring device, and
6collects the fees on behalf of the county. The program shall
7include provisions for indigent offenders and the collection of
8unpaid fees. The program shall not unduly burden the offender
9and shall be subject to review by the Chief Judge.
10    The Chief Judge of the circuit court may suspend any
11additional charges or fees for late payment, interest, or
12damage to any device.
13    (h) A disposition of supervision is a final order for the
14purposes of appeal.
15    (i) The court shall impose upon a defendant placed on
16supervision after January 1, 1992 or to community service under
17the supervision of a probation or court services department
18after January 1, 2004, as a condition of supervision or
19supervised community service, a fee of $50 for each month of
20supervision or supervised community service ordered by the
21court, unless after determining the inability of the person
22placed on supervision or supervised community service to pay
23the fee, the court assesses a lesser fee. The court may not
24impose the fee on a minor who is made a ward of the State under
25the Juvenile Court Act of 1987 while the minor is in placement.
26The fee shall be imposed only upon a defendant who is actively

 

 

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1supervised by the probation and court services department. The
2fee shall be collected by the clerk of the circuit court. The
3clerk of the circuit court shall pay all monies collected from
4this fee to the county treasurer for deposit in the probation
5and court services fund pursuant to Section 15.1 of the
6Probation and Probation Officers Act.
7    A circuit court may not impose a probation fee in excess of
8$25 per month unless the circuit court has adopted, by
9administrative order issued by the chief judge, a standard
10probation fee guide determining an offender's ability to pay.
11Of the amount collected as a probation fee, not to exceed $5 of
12that fee collected per month may be used to provide services to
13crime victims and their families.
14    The Court may only waive probation fees based on an
15offender's ability to pay. The probation department may
16re-evaluate an offender's ability to pay every 6 months, and,
17with the approval of the Director of Court Services or the
18Chief Probation Officer, adjust the monthly fee amount. An
19offender may elect to pay probation fees due in a lump sum. Any
20offender that has been assigned to the supervision of a
21probation department, or has been transferred either under
22subsection (h) of this Section or under any interstate compact,
23shall be required to pay probation fees to the department
24supervising the offender, based on the offender's ability to
25pay.
26    (j) All fines and costs imposed under this Section for any

 

 

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1violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
2Code, or a similar provision of a local ordinance, and any
3violation of the Child Passenger Protection Act, or a similar
4provision of a local ordinance, shall be collected and
5disbursed by the circuit clerk as provided under Section 27.5
6of the Clerks of Courts Act.
7    (k) A defendant at least 17 years of age who is placed on
8supervision for a misdemeanor in a county of 3,000,000 or more
9inhabitants and who has not been previously convicted of a
10misdemeanor or felony may as a condition of his or her
11supervision be required by the court to attend educational
12courses designed to prepare the defendant for a high school
13diploma and to work toward a high school diploma or to work
14toward passing high school equivalency testing or to work
15toward completing a vocational training program approved by the
16court. The defendant placed on supervision must attend a public
17institution of education to obtain the educational or
18vocational training required by this subsection (k). The
19defendant placed on supervision shall be required to pay for
20the cost of the educational courses or high school equivalency
21testing if a fee is charged for those courses or testing. The
22court shall revoke the supervision of a person who wilfully
23fails to comply with this subsection (k). The court shall
24resentence the defendant upon revocation of supervision as
25provided in Section 5-6-4. This subsection (k) does not apply
26to a defendant who has a high school diploma or has

 

 

09900SB2870sam001- 44 -LRB099 19901 RLC 46663 a

1successfully passed high school equivalency testing. This
2subsection (k) does not apply to a defendant who is determined
3by the court to be developmentally disabled or otherwise
4mentally incapable of completing the educational or vocational
5program.
6    (l) The court shall require a defendant placed on
7supervision for possession of a substance prohibited by the
8Cannabis Control Act, the Illinois Controlled Substances Act,
9or the Methamphetamine Control and Community Protection Act
10after a previous conviction or disposition of supervision for
11possession of a substance prohibited by the Cannabis Control
12Act, the Illinois Controlled Substances Act, or the
13Methamphetamine Control and Community Protection Act or a
14sentence of probation under Section 10 of the Cannabis Control
15Act or Section 410 of the Illinois Controlled Substances Act
16and after a finding by the court that the person is addicted,
17to undergo treatment at a substance abuse program approved by
18the court.
19    (m) The Secretary of State shall require anyone placed on
20court supervision for a violation of Section 3-707 of the
21Illinois Vehicle Code or a similar provision of a local
22ordinance to give proof of his or her financial responsibility
23as defined in Section 7-315 of the Illinois Vehicle Code. The
24proof shall be maintained by the individual in a manner
25satisfactory to the Secretary of State for a minimum period of
263 years after the date the proof is first filed. The proof

 

 

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1shall be limited to a single action per arrest and may not be
2affected by any post-sentence disposition. The Secretary of
3State shall suspend the driver's license of any person
4determined by the Secretary to be in violation of this
5subsection.
6    (n) Any offender placed on supervision for any offense that
7the court or probation department has determined to be sexually
8motivated as defined in the Sex Offender Management Board Act
9shall be required to refrain from any contact, directly or
10indirectly, with any persons specified by the court and shall
11be available for all evaluations and treatment programs
12required by the court or the probation department.
13    (o) An offender placed on supervision for a sex offense as
14defined in the Sex Offender Management Board Act shall refrain
15from residing at the same address or in the same condominium
16unit or apartment unit or in the same condominium complex or
17apartment complex with another person he or she knows or
18reasonably should know is a convicted sex offender or has been
19placed on supervision for a sex offense. The provisions of this
20subsection (o) do not apply to a person convicted of a sex
21offense who is placed in a Department of Corrections licensed
22transitional housing facility for sex offenders.
23    (p) An offender placed on supervision for an offense
24committed on or after June 1, 2008 (the effective date of
25Public Act 95-464) that would qualify the accused as a child
26sex offender as defined in Section 11-9.3 or 11-9.4 of the

 

 

09900SB2870sam001- 46 -LRB099 19901 RLC 46663 a

1Criminal Code of 1961 or the Criminal Code of 2012 shall
2refrain from communicating with or contacting, by means of the
3Internet, a person who is not related to the accused and whom
4the accused reasonably believes to be under 18 years of age.
5For purposes of this subsection (p), "Internet" has the meaning
6ascribed to it in Section 16-0.1 of the Criminal Code of 2012;
7and a person is not related to the accused if the person is
8not: (i) the spouse, brother, or sister of the accused; (ii) a
9descendant of the accused; (iii) a first or second cousin of
10the accused; or (iv) a step-child or adopted child of the
11accused.
12    (q) An offender placed on supervision for an offense
13committed on or after June 1, 2008 (the effective date of
14Public Act 95-464) that would qualify the accused as a child
15sex offender as defined in Section 11-9.3 or 11-9.4 of the
16Criminal Code of 1961 or the Criminal Code of 2012 shall, if so
17ordered by the court, refrain from communicating with or
18contacting, by means of the Internet, a person who is related
19to the accused and whom the accused reasonably believes to be
20under 18 years of age. For purposes of this subsection (q),
21"Internet" has the meaning ascribed to it in Section 16-0.1 of
22the Criminal Code of 2012; and a person is related to the
23accused if the person is: (i) the spouse, brother, or sister of
24the accused; (ii) a descendant of the accused; (iii) a first or
25second cousin of the accused; or (iv) a step-child or adopted
26child of the accused.

 

 

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1    (r) An offender placed on supervision for an offense under
2Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a
3juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or
411-21 of the Criminal Code of 1961 or the Criminal Code of
52012, or any attempt to commit any of these offenses, committed
6on or after the effective date of this amendatory Act of the
795th General Assembly shall:
8        (i) not access or use a computer or any other device
9    with Internet capability without the prior written
10    approval of the court, except in connection with the
11    offender's employment or search for employment with the
12    prior approval of the court;
13        (ii) submit to periodic unannounced examinations of
14    the offender's computer or any other device with Internet
15    capability by the offender's probation officer, a law
16    enforcement officer, or assigned computer or information
17    technology specialist, including the retrieval and copying
18    of all data from the computer or device and any internal or
19    external peripherals and removal of such information,
20    equipment, or device to conduct a more thorough inspection;
21        (iii) submit to the installation on the offender's
22    computer or device with Internet capability, at the
23    offender's expense, of one or more hardware or software
24    systems to monitor the Internet use; and
25        (iv) submit to any other appropriate restrictions
26    concerning the offender's use of or access to a computer or

 

 

09900SB2870sam001- 48 -LRB099 19901 RLC 46663 a

1    any other device with Internet capability imposed by the
2    court.
3    (s) An offender placed on supervision for an offense that
4is a sex offense as defined in Section 2 of the Sex Offender
5Registration Act that is committed on or after January 1, 2010
6(the effective date of Public Act 96-362) that requires the
7person to register as a sex offender under that Act, may not
8knowingly use any computer scrub software on any computer that
9the sex offender uses.
10    (t) An offender placed on supervision for a sex offense as
11defined in the Sex Offender Registration Act committed on or
12after January 1, 2010 (the effective date of Public Act 96-262)
13shall refrain from accessing or using a social networking
14website as defined in Section 17-0.5 of the Criminal Code of
152012.
16    (u) Jurisdiction over an offender may be transferred from
17the sentencing court to the court of another circuit with the
18concurrence of both courts. Further transfers or retransfers of
19jurisdiction are also authorized in the same manner. The court
20to which jurisdiction has been transferred shall have the same
21powers as the sentencing court. The probation department within
22the circuit to which jurisdiction has been transferred may
23impose probation fees upon receiving the transferred offender,
24as provided in subsection (i). The probation department from
25the original sentencing court shall retain all probation fees
26collected prior to the transfer.

 

 

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1(Source: P.A. 97-454, eff. 1-1-12; 97-597, eff. 1-1-12;
297-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff.
31-1-15; 98-940, eff. 1-1-15; revised 10-1-14.)
 
4    (730 ILCS 5/5-7-1)  (from Ch. 38, par. 1005-7-1)
5    Sec. 5-7-1. Sentence of Periodic Imprisonment.
6    (a) A sentence of periodic imprisonment is a sentence of
7imprisonment during which the committed person may be released
8for periods of time during the day or night or for periods of
9days, or both, or if convicted of a felony, other than first
10degree murder, a Class X or Class 1 felony, committed to any
11county, municipal, or regional correctional or detention
12institution or facility in this State for such periods of time
13as the court may direct. Unless the court orders otherwise, the
14particular times and conditions of release shall be determined
15by the Department of Corrections, the sheriff, or the
16Superintendent of the house of corrections, who is
17administering the program.
18    (b) A sentence of periodic imprisonment may be imposed to
19permit the defendant to:
20        (1) seek employment;
21        (2) work;
22        (3) conduct a business or other self-employed
23    occupation including housekeeping;
24        (4) attend to family needs;
25        (5) attend an educational institution, including

 

 

09900SB2870sam001- 50 -LRB099 19901 RLC 46663 a

1    vocational education;
2        (6) obtain medical or psychological treatment;
3        (7) perform work duties at a county, municipal, or
4    regional correctional or detention institution or
5    facility;
6        (8) continue to reside at home with or without
7    supervision involving the use of an approved electronic
8    monitoring device, subject to Article 8A of Chapter V; or
9        (9) for any other purpose determined by the court.
10    (c) Except where prohibited by other provisions of this
11Code, the court may impose a sentence of periodic imprisonment
12for a felony or misdemeanor on a person who is 17 years of age
13or older. The court shall not impose a sentence of periodic
14imprisonment if it imposes a sentence of imprisonment upon the
15defendant in excess of 90 days.
16    (d) A sentence of periodic imprisonment shall be for a
17definite term of from 3 to 4 years for a Class 1 felony, 18 to
1830 months for a Class 2 felony, and up to 18 months, or the
19longest sentence of imprisonment that could be imposed for the
20offense, whichever is less, for all other offenses; however, no
21person shall be sentenced to a term of periodic imprisonment
22longer than one year if he is committed to a county
23correctional institution or facility, and in conjunction with
24that sentence participate in a county work release program
25comparable to the work and day release program provided for in
26Article 13 of the Unified Code of Corrections in State

 

 

09900SB2870sam001- 51 -LRB099 19901 RLC 46663 a

1facilities. The term of the sentence shall be calculated upon
2the basis of the duration of its term rather than upon the
3basis of the actual days spent in confinement. No sentence of
4periodic imprisonment shall be subject to the good time credit
5provisions of Section 3-6-3 of this Code.
6    (e) When the court imposes a sentence of periodic
7imprisonment, it shall state:
8        (1) the term of such sentence;
9        (2) the days or parts of days which the defendant is to
10    be confined;
11        (3) the conditions.
12    (f) The court may issue an order of protection pursuant to
13the Illinois Domestic Violence Act of 1986 as a condition of a
14sentence of periodic imprisonment. The Illinois Domestic
15Violence Act of 1986 shall govern the issuance, enforcement and
16recording of orders of protection issued under this Section. A
17copy of the order of protection shall be transmitted to the
18person or agency having responsibility for the case.
19    (f-5) An offender sentenced to a term of periodic
20imprisonment for a felony sex offense as defined in the Sex
21Offender Management Board Act shall be required to undergo and
22successfully complete sex offender treatment by a treatment
23provider approved by the Board and conducted in conformance
24with the standards developed under the Sex Offender Management
25Board Act.
26    (g) An offender sentenced to periodic imprisonment who

 

 

09900SB2870sam001- 52 -LRB099 19901 RLC 46663 a

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

 

 

09900SB2870sam001- 53 -LRB099 19901 RLC 46663 a

1violation of the Child Passenger Protection Act, or a similar
2provision of a local ordinance, shall be collected and
3disbursed by the circuit clerk as provided under Section 27.5
4of the Clerks of Courts Act.
5    The Chief Judge of the circuit court of the county may by
6administrative order establish a program for electronic
7monitoring of offenders, in which a vendor supplies and
8monitors the operation of the electronic monitoring device, and
9collects the fees on behalf of the county. The program shall
10include provisions for indigent offenders and the collection of
11unpaid fees. The program shall not unduly burden the offender
12and shall be subject to review by the Chief Judge.
13    The Chief Judge of the circuit court may suspend any
14additional charges or fees for late payment, interest, or
15damage to any device.
16    (i) A defendant at least 17 years of age who is convicted
17of a misdemeanor or felony in a county of 3,000,000 or more
18inhabitants and who has not been previously convicted of a
19misdemeanor or a felony and who is sentenced to a term of
20periodic imprisonment may as a condition of his or her sentence
21be required by the court to attend educational courses designed
22to prepare the defendant for a high school diploma and to work
23toward receiving a high school diploma or to work toward
24passing high school equivalency testing or to work toward
25completing a vocational training program approved by the court.
26The defendant sentenced to periodic imprisonment must attend a

 

 

09900SB2870sam001- 54 -LRB099 19901 RLC 46663 a

1public institution of education to obtain the educational or
2vocational training required by this subsection (i). The
3defendant sentenced to a term of periodic imprisonment shall be
4required to pay for the cost of the educational courses or high
5school equivalency testing if a fee is charged for those
6courses or testing. The court shall revoke the sentence of
7periodic imprisonment of the defendant who wilfully fails to
8comply with this subsection (i). The court shall resentence the
9defendant whose sentence of periodic imprisonment has been
10revoked as provided in Section 5-7-2. This subsection (i) does
11not apply to a defendant who has a high school diploma or has
12successfully passed high school equivalency testing. This
13subsection (i) does not apply to a defendant who is determined
14by the court to be a person with a developmental disability or
15otherwise mentally incapable of completing the educational or
16vocational program.
17(Source: P.A. 98-718, eff. 1-1-15; 99-143, eff. 7-27-15.)
 
18    (730 ILCS 5/Ch. V Art. 8A heading)
19
ARTICLE 8A. ELECTRONIC MONITORING AND HOME DETENTION

 
 
 
20    (730 ILCS 5/5-8A-1)  (from Ch. 38, par. 1005-8A-1)
21    Sec. 5-8A-1. Title. This Article shall be known and may be
22cited as the Electronic Monitoring and Home Detention Law.

 

 

09900SB2870sam001- 55 -LRB099 19901 RLC 46663 a

1(Source: P.A. 86-1281.)
 
2    (730 ILCS 5/5-8A-2)  (from Ch. 38, par. 1005-8A-2)
3    Sec. 5-8A-2. Definitions. As used in this Article:
4    (A) "Approved electronic monitoring device" means a device
5approved by the supervising authority which is primarily
6intended to record or transmit information as to the
7defendant's presence or nonpresence in the home, consumption of
8alcohol, consumption of drugs, location as determined through
9GPS, cellular triangulation, Wi-Fi, or other electronic means.
10    An approved electronic monitoring device may record or
11transmit: oral or wire communications or an auditory sound;
12visual images; or information regarding the offender's
13activities while inside the offender's home. These devices are
14subject to the required consent as set forth in Section 5-8A-5
15of this Article.
16    An approved electronic monitoring device may be used to
17record a conversation between the participant and the
18monitoring device, or the participant and the person
19supervising the participant solely for the purpose of
20identification and not for the purpose of eavesdropping or
21conducting any other illegally intrusive monitoring.
22    (A-10) "Department" means the Department of Corrections or
23the Department of Juvenile Justice.
24    (A-20) "Electronic monitoring" means the monitoring of an
25inmate, person, or offender with an electronic device both

 

 

09900SB2870sam001- 56 -LRB099 19901 RLC 46663 a

1within and outside of their home under the terms and conditions
2established by the supervising authority.
3    (B) "Excluded offenses" means first degree murder, escape,
4predatory criminal sexual assault of a child, aggravated
5criminal sexual assault, criminal sexual assault, aggravated
6battery with a firearm as described in Section 12-4.2 or
7subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section
812-3.05, bringing or possessing a firearm, ammunition or
9explosive in a penal institution, any "Super-X" drug offense or
10calculated criminal drug conspiracy or streetgang criminal
11drug conspiracy, or any predecessor or successor offenses with
12the same or substantially the same elements, or any inchoate
13offenses relating to the foregoing offenses.
14    (B-10) "GPS" means a device or system which utilizes the
15Global Positioning Satellite system for determining the
16location of a person, inmate or offender.
17    (C) "Home detention" means the confinement of a person
18convicted or charged with an offense to his or her place of
19residence under the terms and conditions established by the
20supervising authority.
21    (D) "Participant" means an inmate or offender placed into
22an electronic monitoring program.
23    (E) "Supervising authority" means the Department of
24Corrections, the Department of Juvenile Justice, probation
25department supervisory authority, sheriff, superintendent of
26municipal house of corrections or any other officer or agency

 

 

09900SB2870sam001- 57 -LRB099 19901 RLC 46663 a

1charged with authorizing and supervising electronic monitoring
2and home detention.
3    (F) "Super-X drug offense" means a violation of Section
4401(a)(1)(B), (C), or (D); Section 401(a)(2)(B), (C), or (D);
5Section 401(a)(3)(B), (C), or (D); or Section 401(a)(7)(B),
6(C), or (D) of the Illinois Controlled Substances Act.
7    (G) "Wi-Fi" or "WiFi" means a device or system which
8utilizes a wireless local area network for determining the
9location of a person, inmate or offender.
10(Source: P.A. 96-1551, eff. 7-1-11.)
 
11    (730 ILCS 5/5-8A-3)  (from Ch. 38, par. 1005-8A-3)
12    Sec. 5-8A-3. Application.
13    (a) Except as provided in subsection (d), a person charged
14with or convicted of an excluded offense may not be placed in
15an electronic monitoring or home detention program, except for
16bond pending trial or appeal or while on parole, aftercare
17release, or mandatory supervised release.
18    (b) A person serving a sentence for a conviction of a Class
191 felony, other than an excluded offense, may be placed in an
20electronic monitoring or home detention program for a period
21not to exceed the last 90 days of incarceration.
22    (c) A person serving a sentence for a conviction of a Class
23X felony, other than an excluded offense, may be placed in an
24electronic monitoring or home detention program for a period
25not to exceed the last 90 days of incarceration, provided that

 

 

09900SB2870sam001- 58 -LRB099 19901 RLC 46663 a

1the person was sentenced on or after the effective date of this
2amendatory Act of 1993 and provided that the court has not
3prohibited the program for the person in the sentencing order.
4    (d) A person serving a sentence for conviction of an
5offense other than for predatory criminal sexual assault of a
6child, aggravated criminal sexual assault, criminal sexual
7assault, aggravated criminal sexual abuse, or felony criminal
8sexual abuse, may be placed in an electronic monitoring or home
9detention program for a period not to exceed the last 12 months
10of incarceration, provided that (i) the person is 55 years of
11age or older; (ii) the person is serving a determinate
12sentence; (iii) the person has served at least 25% of the
13sentenced prison term; and (iv) placement in an electronic home
14monitoring or detention program is approved by the Prisoner
15Review Board.
16    (e) A person serving a sentence for conviction of a Class
172, 3 or 4 felony offense which is not an excluded offense may
18be placed in an electronic monitoring or home detention program
19pursuant to Department administrative directives.
20    (f) Applications for electronic monitoring or home
21detention may include the following:
22        (1) pretrial or pre-adjudicatory detention;
23        (2) probation;
24        (3) conditional discharge;
25        (4) periodic imprisonment;
26        (5) parole, aftercare release, or mandatory supervised

 

 

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1    release;
2        (6) work release;
3        (7) furlough; or
4        (8) post-trial incarceration.
5    (g) A person convicted of an offense described in clause
6(4) or (5) of subsection (d) of Section 5-8-1 of this Code
7shall be placed in an electronic monitoring or home detention
8program for at least the first 2 years of the person's
9mandatory supervised release term.
10(Source: P.A. 98-558, eff. 1-1-14; 98-756, eff. 7-16-14.)
 
11    (730 ILCS 5/5-8A-4)  (from Ch. 38, par. 1005-8A-4)
12    Sec. 5-8A-4. Program description. The supervising
13authority may promulgate rules that prescribe reasonable
14guidelines under which an electronic monitoring and home
15detention program shall operate. When using electronic
16monitoring for home detention these These rules shall include
17but not be limited to the following:
18    (A) The participant shall remain within the interior
19premises or within the property boundaries of his or her
20residence at all times during the hours designated by the
21supervising authority. Such instances of approved absences
22from the home may include but are not limited to the following:
23        (1) working or employment approved by the court or
24    traveling to or from approved employment;
25        (2) unemployed and seeking employment approved for the

 

 

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

 

 

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1the approved electronic monitoring device as designated by the
2supervising authority at any time for the purpose of verifying
3the participant's compliance with the conditions of his or her
4detention.
5    (E) The participant shall maintain the following:
6        (1) a working telephone in the participant's home;
7        (2) a monitoring device in the participant's home, or
8    on the participant's person, or both; and
9        (3) a monitoring device in the participant's home and
10    on the participant's person in the absence of a telephone.
11    (F) The participant shall obtain approval from the
12supervising authority before the participant changes residence
13or the schedule described in subsection (A) of this Section.
14    (G) The participant shall not commit another crime during
15the period of home detention ordered by the Court.
16    (H) Notice to the participant that violation of the order
17for home detention may subject the participant to prosecution
18for the crime of escape as described in Section 5-8A-4.1.
19    (I) The participant shall abide by other conditions as set
20by the supervising authority.
21(Source: P.A. 91-357, eff. 7-29-99.)
 
22    (730 ILCS 5/5-8A-4.1)
23    Sec. 5-8A-4.1. Escape; failure to comply with a condition
24of the electronic home monitoring or home detention program.
25    (a) A person charged with or convicted of a felony, or

 

 

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

 

 

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1program to comply with the rules and regulations of the program
2as stipulated in subsections (A) through (I) of Section 5-8A-4.
3    (B) Where possible, securing the written consent of other
4persons residing in the home of the participant, including the
5person in whose name the telephone is registered, at the time
6of the order or commitment for electronic home detention is
7entered and acknowledge the nature and extent of approved
8electronic monitoring devices.
9    (C) Insure that the approved electronic devices be
10minimally intrusive upon the privacy of the participant and
11other persons residing in the home while remaining in
12compliance with subsections (B) through (D) of Section 5-8A-4.
13    (D) This Section does not apply to persons subject to
14Electronic Home Monitoring or home detention as a term or
15condition of parole, aftercare release, or mandatory
16supervised release under subsection (d) of Section 5-8-1 of
17this Code.
18(Source: P.A. 98-558, eff. 1-1-14.)
 
19    (730 ILCS 5/5-8A-5.1)
20    Sec. 5-8A-5.1. Public notice of release on electronic home
21monitoring or home detention. The Department of Corrections
22must make identification information and a recent photo of an
23inmate being placed on electronic home monitoring or home
24detention under the provisions of this Article accessible on
25the Internet by means of a hyperlink labeled "Community

 

 

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1Notification of Inmate Early Release" on the Department's World
2Wide Web homepage. The identification information shall
3include the inmate's: name, any known alias, date of birth,
4physical characteristics, residence address, commitment
5offense and county where conviction was imposed. The
6identification information shall be placed on the website
7within 3 days of the inmate's release on electronic home
8monitoring or home detention, and the information may not be
9removed until either: completion of the first year of mandatory
10supervised release or return of the inmate to custody of the
11Department.
12(Source: P.A. 96-1110, eff. 7-19-10.)
 
13    (730 ILCS 5/5-8A-6)
14    Sec. 5-8A-6. Electronic monitoring of certain sex
15offenders. For a sexual predator subject to electronic home
16monitoring under paragraph (7.7) of subsection (a) of Section
173-3-7, the Department of Corrections must use a system that
18actively monitors and identifies the offender's current
19location and timely reports or records the offender's presence
20and that alerts the Department of the offender's presence
21within a prohibited area described in Section 11-9.3 of the
22Criminal Code of 2012, in a court order, or as a condition of
23the offender's parole, mandatory supervised release, or
24extended mandatory supervised release and the offender's
25departure from specified geographic limitations. To the extent

 

 

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1that he or she is able to do so, which the Department of
2Corrections by rule shall determine, the offender must pay for
3the cost of the electronic home monitoring.
4(Source: P.A. 97-1150, eff. 1-25-13.)
 
5    (730 ILCS 5/5-8A-7)
6    Sec. 5-8A-7. Domestic violence surveillance program. If
7the Prisoner Review Board, Department of Corrections, or court
8(the supervising authority) orders electronic surveillance as
9a condition of parole, aftercare release, mandatory supervised
10release, early release, probation, or conditional discharge
11for a violation of an order of protection or as a condition of
12bail for a person charged with a violation of an order of
13protection, the supervising authority shall use the best
14available global positioning technology to track domestic
15violence offenders. Best available technology must have
16real-time and interactive capabilities that facilitate the
17following objectives: (1) immediate notification to the
18supervising authority of a breach of a court ordered exclusion
19zone; (2) notification of the breach to the offender; and (3)
20communication between the supervising authority, law
21enforcement, and the victim, regarding the breach. The
22supervising authority may also require that the electronic
23surveillance ordered under this Section monitor the
24consumption of alcohol or drugs.
25(Source: P.A. 98-558, eff. 1-1-14.)
 

 

 

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1    (730 ILCS 5/5-8A-8)
2    Sec. 5-8A-8. Service of a minimum term of imprisonment.
3When an offender is sentenced under a provision of law that
4requires the sentence to include a minimum term of imprisonment
5and the offender is committed to the custody of the sheriff to
6serve the sentence, the sheriff may place the offender in an
7electronic monitoring or home detention program for service of
8that minimum term of imprisonment unless (i) the offender was
9convicted of an excluded offense or (ii) the court's sentencing
10order specifies that the minimum term of imprisonment shall be
11served in a county correctional facility.
12(Source: P.A. 98-161, eff. 1-1-14.)
 
13    (730 ILCS 5/5-8A-9 new)
14    Sec. 5-8A-9. Electronic monitoring by probation
15departments. If the supervising authority is a probation
16department, the Chief Judge of the circuit court may by
17administrative order establish a program for electronic
18monitoring of offenders, in which a vendor supplies and
19monitors the operation of the electronic monitoring device, and
20collects the fees on behalf of the county. The program shall
21include provisions for indigent offenders and the collection of
22unpaid fees and shall not unduly burden the offender and shall
23be subject to review by the Chief Judge of the circuit court.
24    The Chief Judge of the circuit court may suspend any

 

 

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1additional charges or fees for late payment, interest, or
2damage to any device.
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".