Full Text of SB2870 99th General Assembly
SB2870sam001 99TH GENERAL ASSEMBLY | Sen. John G. Mulroe Filed: 4/14/2016
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| 1 | | AMENDMENT TO SENATE BILL 2870
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2870 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended 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 | 9 | | upon payment of
bail security or on his or her own | 10 | | recognizance, the conditions of the bail
bond shall be that he | 11 | | or 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 | 10 | | shall be completed
promptly
and made available to the State, | 11 | | the defendant, and the court. As a further
condition of bail | 12 | | under
these circumstances, the court shall order the defendant | 13 | | to refrain from
entering upon the
property of the school, | 14 | | including any conveyance owned, leased, or contracted
by a | 15 | | school to
transport students to or from school or a | 16 | | school-related activity, or on any public way within
1,000 feet | 17 | | of real property comprising any school. Upon receipt of the | 18 | | psychological evaluation,
either the State or the defendant may | 19 | | request a change in the conditions of bail, pursuant to
Section | 20 | | 110-6 of this Code. The court may change the conditions of bail | 21 | | to include a
requirement that the defendant follow the | 22 | | recommendations of the psychological evaluation,
including | 23 | | undergoing psychiatric treatment. The conclusions of the
| 24 | | psychological evaluation and
any statements elicited from the | 25 | | defendant during its administration are not
admissible as | 26 | | evidence
of guilt during the course of any trial on the charged |
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| 1 | | offense, unless the
defendant places his or her
mental | 2 | | competency in issue.
| 3 | | (b) The court may impose other conditions, such as the | 4 | | following, if the
court finds that such conditions are | 5 | | reasonably necessary to assure the
defendant's appearance in | 6 | | court, protect the public from the defendant, or
prevent the | 7 | | defendant's unlawful interference with the orderly | 8 | | administration
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 | 18 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
| 19 | | 12-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the | 20 | | Criminal Code of 2012, involving a victim who is a
minor under | 21 | | 18 years of age living in the same household with the defendant
| 22 | | at the time of the offense, in granting bail or releasing the | 23 | | defendant on
his own recognizance, the judge shall impose | 24 | | conditions to restrict the
defendant's access to the victim | 25 | | which may include, but are not limited to
conditions that he | 26 | | will:
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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 | 6 | | the victim is
a family or household member as defined in | 7 | | Article 112A, conditions shall
be imposed at the time of the | 8 | | defendant's release on bond that restrict the
defendant's | 9 | | access to the victim.
Unless provided otherwise by the court, | 10 | | the
restrictions shall include
requirements that the defendant | 11 | | do 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 | 19 | | standardized bond forms
for use in cases involving family or | 20 | | household members as defined in
Article 112A, including | 21 | | specific conditions of bond as provided in
subsection (d). | 22 | | Failure of any law enforcement department to develop or use
| 23 | | those forms shall in no way limit the applicability and | 24 | | enforcement of
subsections (d) and (f).
| 25 | | (f) If the defendant is admitted to bail after conviction | 26 | | the
conditions of the bail bond shall be that he will, in |
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| 1 | | addition to the
conditions set forth in subsections (a) and (b) | 2 | | hereof:
| 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 | 13 | | defendant shall
physically surrender, at a time and place | 14 | | designated by the court,
any and all firearms in his or her | 15 | | possession and his or her Firearm Owner's
Identification Card | 16 | | as a condition of remaining on bond pending sentencing.
| 17 | | (Source: P.A. 96-340, eff. 8-11-09; 96-1551, eff. 7-1-11; | 18 | | 97-401, eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1150, eff. | 19 | | 1-25-13.)
| 20 | | Section 10. The Unified Code of Corrections is amended by | 21 | | changing the heading of Article 8A of Chapter V and Sections | 22 | | 5-6-3, 5-6-3.1, 5-7-1, 5-8A-1, 5-8A-2, 5-8A-3, 5-8A-4, | 23 | | 5-8A-4.1, 5-8A-5, 5-8A-5.1, 5-8A-6, 5-8A-7, and 5-8A-8 and by | 24 | | adding 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 | 3 | | Discharge.
| 4 | | (a) The conditions of probation and of conditional | 5 | | discharge 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 | 10 | | conditions relating to the
nature of the offense or the | 11 | | rehabilitation of the defendant as determined for
each | 12 | | defendant in the proper discretion of the Court require that | 13 | | the 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;
|
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 1 | | bodily harm or threat of bodily harm. | 2 | | (c) The court may as a condition of probation or of | 3 | | conditional
discharge require that a person under 18 years of | 4 | | age found guilty of any
alcohol, cannabis or controlled | 5 | | substance violation, refrain from acquiring
a driver's license | 6 | | during
the period of probation or conditional discharge. If | 7 | | such person
is in possession of a permit or license, the court | 8 | | may require that
the minor refrain from driving or operating | 9 | | any motor vehicle during the
period of probation or conditional | 10 | | discharge, except as may be necessary in
the course of the | 11 | | minor's lawful employment.
| 12 | | (d) An offender sentenced to probation or to conditional | 13 | | discharge
shall be given a certificate setting forth the | 14 | | conditions thereof.
| 15 | | (e) Except where the offender has committed a fourth or | 16 | | subsequent
violation of subsection (c) of Section 6-303 of the | 17 | | Illinois Vehicle Code,
the court shall not require as a | 18 | | condition of the sentence of
probation or conditional discharge | 19 | | that the offender be committed to a
period of imprisonment in | 20 | | excess of 6 months.
This 6 month limit shall not include | 21 | | periods of confinement given pursuant to
a sentence of county | 22 | | impact incarceration under Section 5-8-1.2.
| 23 | | Persons committed to imprisonment as a condition of | 24 | | probation or
conditional discharge shall not be committed to | 25 | | the Department of
Corrections.
| 26 | | (f) The court may combine a sentence of periodic |
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| 1 | | imprisonment under
Article 7 or a sentence to a county impact | 2 | | incarceration program under
Article 8 with a sentence of | 3 | | probation or conditional discharge.
| 4 | | (g) An offender sentenced to probation or to conditional | 5 | | discharge and
who during the term of either undergoes mandatory | 6 | | drug or alcohol testing,
or both, or is assigned to be placed | 7 | | on an approved electronic monitoring
device, shall be ordered | 8 | | to pay all costs incidental to such mandatory drug
or alcohol | 9 | | testing, or both, and all costs
incidental to such approved | 10 | | electronic monitoring in accordance with the
defendant's | 11 | | ability to pay those costs. The county board with
the | 12 | | concurrence of the Chief Judge of the judicial
circuit in which | 13 | | the county is located shall establish reasonable fees for
the | 14 | | cost of maintenance, testing, and incidental expenses related | 15 | | to the
mandatory drug or alcohol testing, or both, and all | 16 | | costs incidental to
approved electronic monitoring, involved | 17 | | in a successful probation program
for the county. The | 18 | | concurrence of the Chief Judge shall be in the form of
an | 19 | | administrative order.
The fees shall be collected by the clerk | 20 | | of the circuit court , except as provided in an administrative | 21 | | order of the Chief Judge of the circuit court . The clerk of
the | 22 | | circuit court shall pay all moneys collected from these fees to | 23 | | the county
treasurer who shall use the moneys collected to | 24 | | defray the costs of
drug testing, alcohol testing, and | 25 | | electronic monitoring.
The county treasurer shall deposit the | 26 | | fees collected in the
county working cash fund under Section |
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| 1 | | 6-27001 or Section 6-29002 of the
Counties Code, as the case | 2 | | may be.
The Chief Judge of the circuit court of the county may | 3 | | by administrative order establish a program for electronic | 4 | | monitoring of offenders, in which a vendor supplies and | 5 | | monitors the operation of the electronic monitoring device, and | 6 | | collects the fees on behalf of the county. The program shall | 7 | | include provisions for indigent offenders and the collection of | 8 | | unpaid fees. The program shall not unduly burden the offender | 9 | | and shall be subject to review by the Chief Judge.
| 10 | | The Chief Judge of the circuit court may suspend any | 11 | | additional charges or fees for late payment, interest, or | 12 | | damage to any device. | 13 | | (h) Jurisdiction over an offender may be transferred from | 14 | | the
sentencing court to the court of another circuit with the | 15 | | concurrence of
both courts. Further transfers or retransfers of
| 16 | | jurisdiction are also
authorized in the same manner. The court | 17 | | to which jurisdiction has been
transferred shall have the same | 18 | | powers as the sentencing court.
The probation department within | 19 | | the circuit to which jurisdiction has been transferred, or | 20 | | which has agreed to provide supervision, may impose probation | 21 | | fees upon receiving the transferred offender, as provided in | 22 | | subsection (i). For all transfer cases, as defined in Section | 23 | | 9b of the Probation and Probation Officers Act, the probation | 24 | | department from the original sentencing court shall retain all | 25 | | probation fees collected prior to the transfer. After the | 26 | | transfer
all probation fees shall be paid to the probation |
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| 1 | | department within the
circuit to which jurisdiction has been | 2 | | transferred.
| 3 | | (i) The court shall impose upon an offender
sentenced to | 4 | | probation after January 1, 1989 or to conditional discharge
| 5 | | after January 1, 1992 or to community service under the | 6 | | supervision of a
probation or court services department after | 7 | | January 1, 2004, as a condition of such probation or | 8 | | conditional
discharge or supervised community service, a fee of | 9 | | $50
for each month of probation or
conditional
discharge | 10 | | supervision or supervised community service ordered by the | 11 | | court, unless after
determining the inability of the person | 12 | | sentenced to probation or conditional
discharge or supervised | 13 | | community service to pay the
fee, the court assesses a lesser | 14 | | fee. The court may not impose the fee on a
minor who is made a | 15 | | ward of the State under the Juvenile Court Act of 1987
while | 16 | | the minor is in placement.
The fee shall be imposed only upon
| 17 | | an offender who is actively supervised by the
probation and | 18 | | court services
department. The fee shall be collected by the | 19 | | clerk
of the circuit court. The clerk of the circuit court | 20 | | shall pay all monies
collected from this fee to the county | 21 | | treasurer for deposit in the
probation and court services fund | 22 | | under Section 15.1 of the
Probation and Probation Officers Act.
| 23 | | A circuit court may not impose a probation fee under this | 24 | | subsection (i) in excess of $25
per month unless the circuit | 25 | | court has adopted, by administrative
order issued by the chief | 26 | | judge, a standard probation fee guide
determining an offender's |
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| 1 | | ability to pay Of the
amount collected as a probation fee, up | 2 | | to $5 of that fee
collected per month may be used to provide | 3 | | services to crime victims
and their families. | 4 | | The Court may only waive probation fees based on an | 5 | | offender's ability to pay. The probation department may | 6 | | re-evaluate an offender's ability to pay every 6 months, and, | 7 | | with the approval of the Director of Court Services or the | 8 | | Chief Probation Officer, adjust the monthly fee amount. An | 9 | | offender may elect to pay probation fees due in a lump sum.
Any | 10 | | offender that has been assigned to the supervision of a | 11 | | probation department, or has been transferred either under | 12 | | subsection (h) of this Section or under any interstate compact, | 13 | | shall be required to pay probation fees to the department | 14 | | supervising the offender, based on the offender's ability to | 15 | | pay.
| 16 | | This amendatory Act of the 93rd General Assembly deletes | 17 | | the $10 increase in the fee under this subsection that was | 18 | | imposed by Public Act 93-616. This deletion is intended to | 19 | | control over any other Act of the 93rd General Assembly that | 20 | | retains or incorporates that fee increase. | 21 | | (i-5) In addition to the fees imposed under subsection (i) | 22 | | of this Section, in the case of an offender convicted of a | 23 | | felony sex offense (as defined in the Sex Offender Management | 24 | | Board Act) or an offense that the court or probation department | 25 | | has determined to be sexually motivated (as defined in the Sex | 26 | | Offender Management Board Act), the court or the probation |
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| 1 | | department shall assess additional fees to pay for all costs of | 2 | | treatment, assessment, evaluation for risk and treatment, and | 3 | | monitoring the offender, based on that offender's ability to | 4 | | pay those costs either as they occur or under a payment plan. | 5 | | (j) All fines and costs imposed under this Section for any | 6 | | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 7 | | Code, or a similar
provision of a local ordinance, and any | 8 | | violation of the Child Passenger
Protection Act, or a similar | 9 | | provision of a local ordinance, shall be
collected and | 10 | | disbursed by the circuit clerk as provided under Section 27.5
| 11 | | of the Clerks of Courts Act.
| 12 | | (k) Any offender who is sentenced to probation or | 13 | | conditional discharge for a felony sex offense as defined in | 14 | | the Sex Offender Management Board Act or any offense that the | 15 | | court or probation department has determined to be sexually | 16 | | motivated as defined in the Sex Offender Management Board Act | 17 | | shall be required to refrain from any contact, directly or | 18 | | indirectly, with any persons specified by the court and shall | 19 | | be available for all evaluations and treatment programs | 20 | | required by the court or the probation department.
| 21 | | (l) The court may order an offender who is sentenced to | 22 | | probation or conditional
discharge for a violation of an order | 23 | | of protection be placed under electronic surveillance as | 24 | | provided 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, | 26 | | eff. 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 | 4 | | shall enter
an order for supervision specifying the period of | 5 | | such supervision, and
shall defer further proceedings in the | 6 | | case until the conclusion of the
period.
| 7 | | (b) The period of supervision shall be reasonable under all | 8 | | of the
circumstances of the case, but may not be longer than 2 | 9 | | years, unless the
defendant has failed to pay the assessment | 10 | | required by Section 10.3 of the
Cannabis Control Act,
Section | 11 | | 411.2 of the Illinois Controlled
Substances Act, or Section 80 | 12 | | of the Methamphetamine Control and Community Protection Act, in | 13 | | which case the court may extend supervision beyond 2 years.
| 14 | | Additionally, the court shall order the defendant to perform no | 15 | | less than 30
hours of community service and not more than 120 | 16 | | hours of community service, if
community service is available | 17 | | in the
jurisdiction and is funded and approved by the county | 18 | | board where the offense
was committed,
when the offense (1) was
| 19 | | related to or in furtherance of the criminal activities of an | 20 | | organized gang or
was motivated by the defendant's membership | 21 | | in or allegiance to an organized
gang; or (2) is a violation of | 22 | | any Section of Article 24 of the Criminal
Code of 1961 or the | 23 | | Criminal Code of 2012 where a disposition of supervision is not | 24 | | prohibited by Section
5-6-1 of this Code.
The
community service | 25 | | shall include, but not be limited to, the cleanup and repair
of |
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| 1 | | any damage caused by violation of Section 21-1.3 of the | 2 | | Criminal Code of
1961 or the Criminal Code of 2012 and similar | 3 | | damages to property located within the municipality or county
| 4 | | in which the violation occurred. Where possible and reasonable, | 5 | | the community
service should be performed in the offender's | 6 | | neighborhood.
| 7 | | For the purposes of this
Section, "organized gang" has the | 8 | | meaning ascribed to it in Section 10 of the
Illinois Streetgang | 9 | | Terrorism Omnibus Prevention Act.
| 10 | | (c) The court may in addition to other reasonable | 11 | | conditions
relating to the nature of the offense or the | 12 | | rehabilitation of the
defendant as determined for each | 13 | | defendant in the proper discretion of
the court require that | 14 | | the person:
| 15 | | (1) 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;
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| 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 |
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| 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
|
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| 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 |
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| 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 | 8 | | made, the victim shall file a
petition notifying the sentencing | 9 | | court, any other person to whom restitution is owed, and
the | 10 | | State's Attorney of the status of the ordered restitution | 11 | | payments unpaid at least 90
days before the supervision | 12 | | expiration date. If payment as ordered has not been made, the
| 13 | | court shall hold a review hearing prior to the expiration date, | 14 | | unless the hearing
is voluntarily waived by the defendant with | 15 | | the knowledge that waiver may result in an
extension of the | 16 | | supervision period or in a revocation of supervision. If the | 17 | | court does not
extend supervision, it shall issue a judgment | 18 | | for the unpaid restitution and direct the clerk
of the circuit | 19 | | court to file and enter the judgment in the judgment and lien | 20 | | docket, without
fee, unless it finds that the victim has | 21 | | recovered a judgment against the
defendant for the amount | 22 | | covered by the restitution order. If the court issues a
| 23 | | judgment for the unpaid restitution, the court shall send to | 24 | | the defendant at his or her last known
address written | 25 | | notification that a civil judgment has been issued for the | 26 | | unpaid
restitution. |
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| 1 | | (d) The court shall defer entering any judgment on the | 2 | | charges
until the conclusion of the supervision.
| 3 | | (e) At the conclusion of the period of supervision, if the | 4 | | court
determines that the defendant has successfully complied | 5 | | with all of the
conditions of supervision, the court shall | 6 | | discharge the defendant and
enter a judgment dismissing the | 7 | | charges.
| 8 | | (f) Discharge and dismissal upon a successful conclusion of | 9 | | a
disposition of supervision shall be deemed without | 10 | | adjudication of guilt
and shall not be termed a conviction for | 11 | | purposes of disqualification or
disabilities imposed by law | 12 | | upon conviction of a crime. Two years after the
discharge and | 13 | | dismissal under this Section, unless the disposition of
| 14 | | supervision was for a violation of Sections 3-707, 3-708, | 15 | | 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | 16 | | similar
provision of a local ordinance, or for a violation of | 17 | | Sections 12-3.2, 16-25,
or 16A-3 of the Criminal Code of 1961 | 18 | | or the Criminal Code of 2012, in which case it shall be 5
years | 19 | | after discharge and dismissal, a person may have his record
of | 20 | | arrest sealed or expunged as may be provided by law. However, | 21 | | any
defendant placed on supervision before January 1, 1980, may | 22 | | move for
sealing or expungement of his arrest record, as | 23 | | provided by law, at any
time after discharge and dismissal | 24 | | under this Section.
A person placed on supervision for a sexual | 25 | | offense 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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| 1 | | for a violation of Section 11-501 of the Illinois Vehicle Code | 2 | | or a
similar provision of a local ordinance
shall not have his | 3 | | or her record of arrest sealed or expunged.
| 4 | | (g) A defendant placed on supervision and who during the | 5 | | period of
supervision undergoes mandatory drug or alcohol | 6 | | testing, or both, or is
assigned to be placed on an approved | 7 | | electronic monitoring device, shall be
ordered to pay the costs | 8 | | incidental to such mandatory drug or alcohol
testing, or both, | 9 | | and costs incidental to such approved electronic
monitoring in | 10 | | accordance with the defendant's ability to pay those costs.
The | 11 | | county board with the concurrence of the Chief Judge of the | 12 | | judicial
circuit in which the county is located shall establish | 13 | | reasonable fees for
the cost of maintenance, testing, and | 14 | | incidental expenses related to the
mandatory drug or alcohol | 15 | | testing, or both, and all costs incidental to
approved | 16 | | electronic monitoring, of all defendants placed on | 17 | | supervision.
The concurrence of the Chief Judge shall be in the | 18 | | form of an
administrative order.
The fees shall be collected by | 19 | | the clerk of the circuit court , except as provided in an | 20 | | administrative order of the Chief Judge of the circuit court . | 21 | | The clerk of
the circuit court shall pay all moneys collected | 22 | | from these fees to the county
treasurer who shall use the | 23 | | moneys collected to defray the costs of
drug testing, alcohol | 24 | | testing, and electronic monitoring.
The county treasurer shall | 25 | | deposit the fees collected in the
county working cash fund | 26 | | under Section 6-27001 or Section 6-29002 of the
Counties Code, |
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| 1 | | as the case may be.
| 2 | | The Chief Judge of the circuit court of the county may by | 3 | | administrative order establish a program for electronic | 4 | | monitoring of offenders, in which a vendor supplies and | 5 | | monitors the operation of the electronic monitoring device, and | 6 | | collects the fees on behalf of the county. The program shall | 7 | | include provisions for indigent offenders and the collection of | 8 | | unpaid fees. The program shall not unduly burden the offender | 9 | | and shall be subject to review by the Chief Judge. | 10 | | The Chief Judge of the circuit court may suspend any | 11 | | additional charges or fees for late payment, interest, or | 12 | | damage to any device. | 13 | | (h) A disposition of supervision is a final order for the | 14 | | purposes
of appeal.
| 15 | | (i) The court shall impose upon a defendant placed on | 16 | | supervision
after January 1, 1992 or to community service under | 17 | | the supervision of a
probation or court services department | 18 | | after January 1, 2004, as a condition
of supervision or | 19 | | supervised community service, a fee of $50 for
each month of | 20 | | supervision or supervised community service ordered by the
| 21 | | court, unless after
determining the inability of the person | 22 | | placed on supervision or supervised
community service to pay | 23 | | the
fee, the court assesses a lesser fee. The court may not | 24 | | impose the fee on a
minor who is made a ward of the State under | 25 | | the Juvenile Court Act of 1987
while the minor is in placement.
| 26 | | The fee shall be imposed only upon a
defendant who is actively |
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| 1 | | supervised by the
probation and court services
department. The | 2 | | fee shall be collected by the clerk of the circuit court.
The | 3 | | clerk of the circuit court shall pay all monies collected from | 4 | | this fee
to the county treasurer for deposit in the probation | 5 | | and court services
fund pursuant to Section 15.1 of the | 6 | | Probation 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 | 9 | | administrative
order issued by the chief judge, a standard | 10 | | probation fee guide
determining an offender's ability to pay. | 11 | | Of the
amount collected as a probation fee, not to exceed $5 of | 12 | | that fee
collected per month may be used to provide services to | 13 | | crime victims
and their families. | 14 | | The Court may only waive probation fees based on an | 15 | | offender's ability to pay. The probation department may | 16 | | re-evaluate an offender's ability to pay every 6 months, and, | 17 | | with the approval of the Director of Court Services or the | 18 | | Chief Probation Officer, adjust the monthly fee amount. An | 19 | | offender may elect to pay probation fees due in a lump sum.
Any | 20 | | offender that has been assigned to the supervision of a | 21 | | probation department, or has been transferred either under | 22 | | subsection (h) of this Section or under any interstate compact, | 23 | | shall be required to pay probation fees to the department | 24 | | supervising the offender, based on the offender's ability to | 25 | | pay.
| 26 | | (j) All fines and costs imposed under this Section for any
|
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| 1 | | violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 2 | | Code, or a
similar provision of a local ordinance, and any | 3 | | violation of the Child
Passenger Protection Act, or a similar | 4 | | provision of a local ordinance, shall
be collected and | 5 | | disbursed by the circuit clerk as provided under Section
27.5 | 6 | | of the Clerks of Courts Act.
| 7 | | (k) A defendant at least 17 years of age who is placed on | 8 | | supervision
for a misdemeanor in a county of 3,000,000 or more | 9 | | inhabitants
and who has not been previously convicted of a | 10 | | misdemeanor or felony
may as a condition of his or her | 11 | | supervision be required by the court to
attend educational | 12 | | courses designed to prepare the defendant for a high school
| 13 | | diploma and to work toward a high school diploma or to work | 14 | | toward passing high school equivalency testing or to work
| 15 | | toward completing a vocational training program approved by the | 16 | | court. The
defendant placed on supervision must attend a public | 17 | | institution of education
to obtain the educational or | 18 | | vocational training required by this subsection
(k). The | 19 | | defendant placed on supervision shall be required to pay for | 20 | | the cost
of the educational courses or high school equivalency | 21 | | testing if a fee is charged for those courses
or testing. The | 22 | | court shall revoke the supervision of a person who wilfully | 23 | | fails
to comply with this subsection (k). The court shall | 24 | | resentence the defendant
upon revocation of supervision as | 25 | | provided in Section 5-6-4. This subsection
(k) does not apply | 26 | | to a defendant who has a high school diploma or has
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| 1 | | successfully passed high school equivalency testing. This | 2 | | subsection (k) does not apply to a
defendant who is determined | 3 | | by the court to be developmentally disabled or
otherwise | 4 | | mentally incapable of completing the
educational or vocational | 5 | | program.
| 6 | | (l) The court shall require a defendant placed on | 7 | | supervision for
possession of a substance
prohibited by the | 8 | | Cannabis Control Act, the Illinois Controlled Substances Act, | 9 | | or the Methamphetamine Control and Community Protection Act
| 10 | | after a previous conviction or disposition of supervision for | 11 | | possession of a
substance prohibited by the Cannabis Control | 12 | | Act, the Illinois Controlled
Substances Act, or the | 13 | | Methamphetamine Control and Community Protection Act or a | 14 | | sentence of probation under Section 10 of the Cannabis
Control | 15 | | Act or Section 410 of the Illinois Controlled Substances Act
| 16 | | and after a finding by the court that the person is addicted, | 17 | | to undergo
treatment at a substance abuse program approved by | 18 | | the court.
| 19 | | (m) The Secretary of State shall require anyone placed on | 20 | | court supervision
for a
violation of Section 3-707 of the | 21 | | Illinois Vehicle Code or a similar provision
of a local | 22 | | ordinance
to give proof of his or her financial
responsibility | 23 | | as
defined in Section 7-315 of the Illinois Vehicle Code. The | 24 | | proof shall be
maintained by the individual in a manner | 25 | | satisfactory to the Secretary of State
for
a
minimum period of | 26 | | 3 years after the date the proof is first filed.
The proof |
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| 1 | | shall be limited to a single action per arrest and may not be
| 2 | | affected by any post-sentence disposition. The Secretary of | 3 | | State shall
suspend the driver's license of any person
| 4 | | determined by the Secretary to be in violation of this | 5 | | subsection. | 6 | | (n) Any offender placed on supervision for any offense that | 7 | | the court or probation department has determined to be sexually | 8 | | motivated as defined in the Sex Offender Management Board Act | 9 | | shall be required to refrain from any contact, directly or | 10 | | indirectly, with any persons specified by the court and shall | 11 | | be available for all evaluations and treatment programs | 12 | | required by the court or the probation department.
| 13 | | (o) An offender placed on supervision for a sex offense as | 14 | | defined in the Sex Offender
Management Board Act shall refrain | 15 | | from residing at the same address or in the same condominium | 16 | | unit or apartment unit or in the same condominium complex or | 17 | | apartment complex with another person he or she knows or | 18 | | reasonably should know is a convicted sex offender or has been | 19 | | placed on supervision for a sex offense. The provisions of this | 20 | | subsection (o) do not apply to a person convicted of a sex | 21 | | offense who is placed in a Department of Corrections licensed | 22 | | transitional housing facility for sex offenders. | 23 | | (p) An offender placed on supervision for an offense | 24 | | committed on or after June 1, 2008
(the effective date of | 25 | | Public Act 95-464)
that would qualify the accused as a child | 26 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the |
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| 1 | | Criminal Code of 1961 or the Criminal Code of 2012 shall | 2 | | refrain from communicating with or contacting, by means of the | 3 | | Internet, a person who is not related to the accused and whom | 4 | | the accused reasonably believes to be under 18 years of age. | 5 | | For purposes of this subsection (p), "Internet" has the meaning | 6 | | ascribed to it in Section 16-0.1 of the Criminal Code of 2012; | 7 | | and a person is not related to the accused if the person is | 8 | | not: (i) the spouse, brother, or sister of the accused; (ii) a | 9 | | descendant of the accused; (iii) a first or second cousin of | 10 | | the accused; or (iv) a step-child or adopted child of the | 11 | | accused.
| 12 | | (q) An offender placed on supervision for an offense | 13 | | committed on or after June 1, 2008
(the effective date of | 14 | | Public Act 95-464)
that would qualify the accused as a child | 15 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the | 16 | | Criminal Code of 1961 or the Criminal Code of 2012 shall, if so | 17 | | ordered by the court, refrain from communicating with or | 18 | | contacting, by means of the Internet, a person who is related | 19 | | to the accused and whom the accused reasonably believes to be | 20 | | under 18 years of age. For purposes of this subsection (q), | 21 | | "Internet" has the meaning ascribed to it in Section 16-0.1 of | 22 | | the Criminal Code of 2012; and a person is related to the | 23 | | accused if the person is: (i) the spouse, brother, or sister of | 24 | | the accused; (ii) a descendant of the accused; (iii) a first or | 25 | | second cousin of the accused; or (iv) a step-child or adopted | 26 | | child of the accused.
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| 1 | | (r) An offender placed on supervision for an offense under | 2 | | Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a | 3 | | juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or | 4 | | 11-21 of the Criminal Code of 1961 or the Criminal Code of | 5 | | 2012, or any attempt to commit any of these offenses, committed | 6 | | on or after the effective date of this amendatory Act of the | 7 | | 95th 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 |
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| 1 | | any other device with Internet capability imposed by the | 2 | | court. | 3 | | (s) An offender placed on supervision for an offense that | 4 | | is a sex offense as defined in Section 2 of the Sex Offender | 5 | | Registration Act that is committed on or after January 1, 2010 | 6 | | (the effective date of Public Act 96-362) that requires the | 7 | | person to register as a sex offender under that Act, may not | 8 | | knowingly use any computer scrub software on any computer that | 9 | | the sex offender uses. | 10 | | (t) An offender placed on supervision for a sex offense as | 11 | | defined in the Sex Offender
Registration Act committed on or | 12 | | after January 1, 2010 (the effective date of Public Act 96-262) | 13 | | shall refrain from accessing or using a social networking | 14 | | website as defined in Section 17-0.5 of the Criminal Code of | 15 | | 2012. | 16 | | (u) Jurisdiction over an offender may be transferred from | 17 | | the sentencing court to the court of another circuit with the | 18 | | concurrence of both courts. Further transfers or retransfers of | 19 | | jurisdiction are also authorized in the same manner. The court | 20 | | to which jurisdiction has been transferred shall have the same | 21 | | powers as the sentencing court. The probation department within | 22 | | the circuit to which jurisdiction has been transferred may | 23 | | impose probation fees upon receiving the transferred offender, | 24 | | as provided in subsection (i). The probation department from | 25 | | the original sentencing court shall retain all probation fees | 26 | | collected prior to the transfer. |
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| 1 | | (Source: P.A. 97-454, eff. 1-1-12; 97-597, eff. 1-1-12; | 2 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff. | 3 | | 1-1-15; 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
| 7 | | imprisonment during which the committed person may be released | 8 | | for
periods of time during the day or night or for periods of | 9 | | days, or both,
or if convicted of a felony, other than first | 10 | | degree murder, a Class X or
Class 1 felony, committed to any | 11 | | county, municipal, or regional
correctional or detention | 12 | | institution or facility in this State for such
periods of time | 13 | | as the court may direct. Unless the court orders otherwise,
the | 14 | | particular times and conditions of release shall be determined | 15 | | by
the Department of Corrections, the sheriff, or the | 16 | | Superintendent of the
house of corrections, who is | 17 | | administering the program.
| 18 | | (b) A sentence of periodic imprisonment may be imposed to | 19 | | permit 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 |
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| 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 | 11 | | Code,
the court may impose a sentence of periodic imprisonment | 12 | | for a
felony or misdemeanor on a person who is 17 years of age | 13 | | or older. The
court shall not impose a sentence of periodic | 14 | | imprisonment if it imposes
a sentence of imprisonment upon the | 15 | | defendant in excess of 90 days.
| 16 | | (d) A sentence of periodic imprisonment shall be for a | 17 | | definite
term of from 3 to 4 years for a Class 1 felony, 18 to | 18 | | 30 months
for a Class 2 felony, and up to 18 months, or the | 19 | | longest sentence of
imprisonment that could be imposed for the | 20 | | offense, whichever is less, for
all other offenses; however, no | 21 | | person shall be sentenced to a term of
periodic imprisonment | 22 | | longer than one year if he is committed to a county
| 23 | | correctional institution or facility, and in conjunction with | 24 | | that sentence
participate in a county work release program | 25 | | comparable to the work and day
release program provided for in | 26 | | Article 13 of the Unified Code of
Corrections in State |
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| 1 | | facilities. The term of the sentence shall be
calculated upon | 2 | | the basis of the duration of its term rather than upon
the | 3 | | basis of the actual days spent in confinement. No sentence
of | 4 | | periodic imprisonment shall be subject to the good time
credit | 5 | | provisions of Section 3-6-3 of this Code.
| 6 | | (e) When the court imposes a sentence of periodic | 7 | | imprisonment, 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 | 13 | | the
Illinois Domestic Violence Act of 1986 as a condition of a | 14 | | sentence of
periodic imprisonment. The Illinois Domestic | 15 | | Violence Act of 1986 shall
govern the issuance, enforcement and | 16 | | recording of orders of protection
issued under this Section. A | 17 | | copy of the order of protection shall be
transmitted to the | 18 | | person or agency having responsibility for the case.
| 19 | | (f-5) An offender sentenced to a term of periodic | 20 | | imprisonment for a
felony sex
offense as defined in the Sex | 21 | | Offender Management Board Act shall be required
to undergo and | 22 | | successfully complete sex offender treatment by a treatment
| 23 | | provider approved by the Board and conducted in conformance | 24 | | with the standards
developed under the Sex Offender Management | 25 | | Board Act.
| 26 | | (g) An offender sentenced to periodic imprisonment who |
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| 1 | | undergoes mandatory
drug or alcohol testing, or both, or is
| 2 | | assigned to be placed on an approved electronic monitoring | 3 | | device, shall be
ordered to pay the costs incidental to such | 4 | | mandatory drug or alcohol
testing, or both, and costs | 5 | | incidental to such approved electronic
monitoring in | 6 | | accordance with the defendant's ability to pay those costs.
The | 7 | | county board with the concurrence of the Chief Judge of the | 8 | | judicial
circuit in which the county is located shall establish | 9 | | reasonable
fees for
the cost of maintenance, testing, and | 10 | | incidental expenses related to the
mandatory drug or alcohol | 11 | | testing, or both, and all costs incidental to
approved | 12 | | electronic monitoring, of all offenders with a sentence of
| 13 | | periodic imprisonment. The concurrence of the Chief Judge shall | 14 | | be in the
form of an administrative order.
The fees shall be | 15 | | collected by the clerk of the circuit court , except as provided | 16 | | in an administrative order of the Chief Judge of the circuit | 17 | | court . The clerk of
the circuit court shall pay all moneys | 18 | | collected from these fees to the county
treasurer who shall use | 19 | | the moneys collected to defray the costs of
drug testing,
| 20 | | alcohol testing, and electronic monitoring.
The county | 21 | | treasurer shall deposit the fees collected in the
county | 22 | | working cash fund under Section 6-27001 or Section 6-29002 of | 23 | | the
Counties Code, as the case may be.
| 24 | | (h) All fees and costs imposed under this Section for any | 25 | | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 26 | | Code, or a similar
provision of a local ordinance, and any |
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| 1 | | violation of
the Child Passenger Protection Act, or a similar | 2 | | provision of a local
ordinance, shall be collected and | 3 | | disbursed by the
circuit clerk as provided under Section 27.5 | 4 | | of the Clerks of Courts Act.
| 5 | | The Chief Judge of the circuit court of the county may by | 6 | | administrative order establish a program for electronic | 7 | | monitoring of offenders, in which a vendor supplies and | 8 | | monitors the operation of the electronic monitoring device, and | 9 | | collects the fees on behalf of the county. The program shall | 10 | | include provisions for indigent offenders and the collection of | 11 | | unpaid fees. The program shall not unduly burden the offender | 12 | | and shall be subject to review by the Chief Judge. | 13 | | The Chief Judge of the circuit court may suspend any | 14 | | additional charges or fees for late payment, interest, or | 15 | | damage to any device. | 16 | | (i) A defendant at least 17 years of age who is
convicted | 17 | | of a misdemeanor or felony in a county of 3,000,000 or more
| 18 | | inhabitants and who has not been previously convicted
of a | 19 | | misdemeanor or a felony and who is sentenced to a term of | 20 | | periodic
imprisonment may as a condition of his or her sentence | 21 | | be required by the
court to attend educational courses designed | 22 | | to
prepare the defendant for a high school diploma and to work | 23 | | toward receiving a
high school
diploma or to work toward | 24 | | passing high school equivalency testing or to work toward | 25 | | completing a vocational training program
approved by the court. | 26 | | The defendant sentenced to periodic imprisonment must
attend a |
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| 1 | | public institution of education to obtain the educational or
| 2 | | vocational training required by this subsection (i). The | 3 | | defendant sentenced
to a term of periodic imprisonment shall be | 4 | | required to pay for the cost of the
educational courses or high | 5 | | school equivalency testing if a fee is charged for those | 6 | | courses or testing.
The court shall
revoke the sentence of | 7 | | periodic imprisonment of the defendant who wilfully
fails
to | 8 | | comply with this subsection (i). The court shall resentence the | 9 | | defendant
whose sentence of periodic imprisonment has been
| 10 | | revoked as provided in Section 5-7-2. This
subsection (i) does | 11 | | not apply to a defendant who has a high school diploma or
has | 12 | | successfully passed high school equivalency testing. This | 13 | | subsection (i) does not apply to a
defendant who is determined | 14 | | by the court to be a person with a developmental disability or
| 15 | | otherwise mentally incapable of completing the
educational or | 16 | | vocational 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 | 22 | | cited as
the Electronic Monitoring and Home Detention Law.
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| 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 | 5 | | approved by
the supervising authority which is primarily | 6 | | intended to record or transmit
information as to the | 7 | | defendant's presence or nonpresence in the home , consumption of | 8 | | alcohol, consumption of drugs, location as determined through | 9 | | GPS, cellular triangulation, Wi-Fi, or other electronic means .
| 10 | | An approved electronic monitoring device may record or | 11 | | transmit: oral or
wire communications or an auditory sound; | 12 | | visual images; or information
regarding the offender's | 13 | | activities while inside the offender's home.
These devices are | 14 | | subject to the required consent as set forth in Section
5-8A-5 | 15 | | of this Article.
| 16 | | An approved electronic monitoring device may be used to | 17 | | record a
conversation between the participant and the | 18 | | monitoring device, or the
participant and the person | 19 | | supervising the participant solely for the
purpose of | 20 | | identification and not for the purpose of eavesdropping or
| 21 | | conducting any other illegally intrusive monitoring.
| 22 | | (A-10) "Department" means the Department of Corrections or | 23 | | the Department of Juvenile Justice. | 24 | | (A-20) "Electronic monitoring" means the monitoring of an | 25 | | inmate, person, or offender with an electronic device both |
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| 1 | | within and outside of their home under the terms and conditions | 2 | | established by the supervising authority. | 3 | | (B) "Excluded offenses" means first degree murder, escape, | 4 | | predatory
criminal sexual assault of a child, aggravated | 5 | | criminal sexual assault,
criminal sexual assault, aggravated | 6 | | battery with a firearm as described in Section 12-4.2 or | 7 | | subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section | 8 | | 12-3.05, bringing or
possessing a firearm, ammunition or | 9 | | explosive in a penal institution, any
"Super-X" drug offense or | 10 | | calculated criminal drug conspiracy or streetgang
criminal | 11 | | drug conspiracy, or any predecessor or successor offenses with | 12 | | the
same or substantially the same elements, or any inchoate | 13 | | offenses relating to
the foregoing offenses.
| 14 | | (B-10) "GPS" means a device or system which utilizes the | 15 | | Global Positioning Satellite system for determining the | 16 | | location of a person, inmate or offender. | 17 | | (C) "Home detention" means the confinement of a person | 18 | | convicted or
charged with an offense to his or her place of | 19 | | residence under the terms
and conditions established by the | 20 | | supervising authority.
| 21 | | (D) "Participant" means an inmate or offender placed into | 22 | | an
electronic monitoring program.
| 23 | | (E) "Supervising authority" means the Department of | 24 | | Corrections, the Department of Juvenile Justice,
probation | 25 | | department supervisory authority , sheriff, superintendent of
| 26 | | municipal house of corrections or any other officer or agency |
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| 1 | | charged with
authorizing and supervising electronic monitoring | 2 | | and home detention.
| 3 | | (F) "Super-X drug offense" means a violation of Section | 4 | | 401(a)(1)(B), (C),
or (D); Section 401(a)(2)(B), (C), or (D); | 5 | | Section 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 | 8 | | utilizes a wireless local area network for determining the | 9 | | location 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 | 14 | | with
or convicted of an
excluded offense may not be placed in | 15 | | an electronic monitoring or home
detention program, except for | 16 | | bond pending trial or appeal or while on parole, aftercare | 17 | | release,
or mandatory supervised release.
| 18 | | (b) A person serving a sentence for a conviction of a Class | 19 | | 1 felony,
other than an excluded offense, may be placed in an | 20 | | electronic monitoring or home detention
program for a period | 21 | | not to exceed the last 90 days of incarceration.
| 22 | | (c) A person serving a sentence for a conviction
of a Class | 23 | | X felony, other than an excluded offense, may be placed
in an | 24 | | electronic monitoring or home detention program for a period | 25 | | not to exceed the last 90
days of incarceration, provided that |
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| 1 | | the person was sentenced on or after the
effective date of this | 2 | | amendatory Act of 1993 and provided that the court has
not | 3 | | prohibited the program for the person in the sentencing order.
| 4 | | (d) A person serving a sentence for conviction of an | 5 | | offense other than
for predatory criminal sexual assault of a | 6 | | child, aggravated criminal
sexual assault, criminal sexual | 7 | | assault, aggravated
criminal sexual abuse, or felony criminal | 8 | | sexual abuse, may be placed in an
electronic monitoring or home | 9 | | detention program for a period not to exceed the last 12 months
| 10 | | of incarceration, provided that (i) the person is 55 years of | 11 | | age or older;
(ii) the person is serving a determinate | 12 | | sentence; (iii) the person has served
at least 25% of the | 13 | | sentenced prison term; and (iv) placement in an electronic
home | 14 | | monitoring or detention program is approved by the Prisoner | 15 | | Review Board.
| 16 | | (e) A person serving a sentence for conviction
of a Class | 17 | | 2, 3 or 4 felony offense which is not an excluded offense may | 18 | | be
placed in an
electronic monitoring or home detention program | 19 | | pursuant to Department administrative
directives.
| 20 | | (f) Applications for electronic monitoring or home | 21 | | detention
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 | 7 | | shall be placed in an electronic monitoring or
home detention | 8 | | program for at least the first 2 years of the person's | 9 | | mandatory
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 | 13 | | authority may
promulgate rules that prescribe reasonable | 14 | | guidelines under which an
electronic monitoring and home | 15 | | detention program shall operate. When using electronic | 16 | | monitoring for home detention these These rules shall include
| 17 | | but not be limited to the following:
| 18 | | (A) The participant shall remain within the interior | 19 | | premises or within
the property boundaries of his or her | 20 | | residence at all times during the
hours designated by the | 21 | | supervising authority. Such instances of approved
absences | 22 | | from 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 | 15 | | designated by the
supervising authority into his or her | 16 | | residence at any time for
purposes of verifying the | 17 | | participant's compliance with the conditions of
his or her | 18 | | detention.
| 19 | | (C) The participant shall make the necessary arrangements | 20 | | to allow for
any person or agent designated by the supervising | 21 | | authority to visit
the participant's place of education or | 22 | | employment at any time, based upon
the approval of the | 23 | | educational institution employer or both, for the
purpose of | 24 | | verifying the participant's compliance with the conditions of
| 25 | | his or her detention.
| 26 | | (D) The participant shall acknowledge and participate with |
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| 1 | | the approved
electronic monitoring device as designated by the | 2 | | supervising authority
at any time for the purpose of verifying | 3 | | the
participant's compliance with the conditions of his or her | 4 | | detention.
| 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 | 12 | | supervising authority
before the participant changes residence | 13 | | or the schedule
described in subsection (A) of this Section.
| 14 | | (G) The participant shall not commit another crime during | 15 | | the period of
home detention ordered by the Court.
| 16 | | (H) Notice to the participant that violation of the order | 17 | | for home
detention may subject the participant to prosecution | 18 | | for the crime of escape
as described in Section 5-8A-4.1.
| 19 | | (I) The participant shall abide by other conditions as set | 20 | | by 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 | 24 | | of the
electronic home monitoring or home detention program. | 25 | | (a) A person charged with or convicted of a felony,
or |
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| 1 | | charged with or adjudicated delinquent for an act which, if | 2 | | committed by an adult, would constitute a felony, conditionally | 3 | | released from the supervising authority through an electronic
| 4 | | home monitoring or home detention program, who knowingly | 5 | | violates a condition of the
electronic
home monitoring | 6 | | detention program is guilty of a Class 3 felony.
| 7 | | (b) A person charged with or convicted of a misdemeanor,
or | 8 | | charged with or adjudicated delinquent for an act which, if | 9 | | committed by an adult, would constitute a misdemeanor, | 10 | | conditionally released from the supervising authority through | 11 | | an electronic
home monitoring or home detention program, who | 12 | | knowingly violates a condition of the
electronic
home | 13 | | monitoring or home detention program is guilty of a Class B | 14 | | misdemeanor.
| 15 | | (c) A person who violates this Section while armed with a | 16 | | dangerous 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 | 20 | | order for
commitment for electronic monitoring home detention , | 21 | | the supervising authority shall
inform the participant and | 22 | | other persons residing in the home of the nature
and extent of | 23 | | the approved electronic monitoring devices by doing the
| 24 | | following:
| 25 | | (A) Securing the written consent of the participant in the |
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| 1 | | program to
comply with the rules and regulations of the program | 2 | | as stipulated in
subsections (A) through (I) of Section 5-8A-4.
| 3 | | (B) Where possible, securing the written consent of other | 4 | | persons
residing in the home
of the participant, including the | 5 | | person in whose name the telephone is
registered, at the time | 6 | | of the order or commitment for electronic
home detention is | 7 | | entered and acknowledge the nature and extent of approved
| 8 | | electronic monitoring devices.
| 9 | | (C) Insure that the approved electronic devices be | 10 | | minimally
intrusive upon the privacy of the participant
and | 11 | | other persons residing in the home
while remaining in | 12 | | compliance with subsections (B) through (D)
of Section 5-8A-4.
| 13 | | (D) This Section does not apply to persons subject to | 14 | | Electronic Home
Monitoring or home detention as a term or | 15 | | condition of parole, aftercare release, or mandatory | 16 | | supervised release
under subsection (d) of Section 5-8-1 of | 17 | | this 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 | 21 | | monitoring or home detention. The Department of Corrections | 22 | | must make identification information and a recent photo of an | 23 | | inmate being placed on electronic home monitoring or home | 24 | | detention under the provisions of this Article accessible on | 25 | | the Internet by means of a hyperlink labeled "Community |
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| 1 | | Notification of Inmate Early Release" on the Department's World | 2 | | Wide Web homepage. The identification information shall | 3 | | include the inmate's: name, any known alias, date of birth, | 4 | | physical characteristics, residence address, commitment | 5 | | offense and county where conviction was imposed. The | 6 | | identification information shall be placed on the website | 7 | | within 3 days of the inmate's release on electronic home | 8 | | monitoring or home detention, and the information may not be | 9 | | removed until either: completion of the first year of mandatory | 10 | | supervised release or return of the inmate to custody of the | 11 | | Department.
| 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 | 15 | | offenders. For a sexual predator subject to electronic home | 16 | | monitoring under paragraph (7.7) of subsection (a) of Section | 17 | | 3-3-7, the Department of Corrections must use a system that | 18 | | actively monitors and identifies the offender's current | 19 | | location and timely reports or records the offender's presence | 20 | | and that alerts the Department of the offender's presence | 21 | | within a prohibited area described in Section 11-9.3 of the | 22 | | Criminal Code of 2012, in a court order, or as a condition of | 23 | | the offender's parole, mandatory supervised release, or | 24 | | extended mandatory supervised release and the offender's | 25 | | departure from specified geographic limitations. To the extent |
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| 1 | | that he or she is able to do so, which the Department of | 2 | | Corrections by rule shall determine, the offender must pay for | 3 | | the 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 | 7 | | the Prisoner Review Board, Department of Corrections, or court | 8 | | (the supervising authority) orders electronic surveillance as | 9 | | a condition of parole, aftercare release, mandatory supervised | 10 | | release, early release, probation, or conditional discharge | 11 | | for a violation of an order of protection or as a condition of | 12 | | bail for a person charged with a violation of an order of | 13 | | protection, the supervising authority shall use the best | 14 | | available global positioning technology to track domestic | 15 | | violence offenders. Best available technology must have | 16 | | real-time and interactive capabilities that facilitate the | 17 | | following objectives: (1) immediate notification to the | 18 | | supervising authority of a breach of a court ordered exclusion | 19 | | zone; (2) notification of the breach to the offender; and (3) | 20 | | communication between the supervising authority, law | 21 | | enforcement, and the victim, regarding the breach. The | 22 | | supervising authority may also require that the electronic | 23 | | surveillance ordered under this Section monitor the | 24 | | consumption 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. | 3 | | When an offender is sentenced under a provision of law that | 4 | | requires the sentence to include a minimum term of imprisonment | 5 | | and the offender is committed to the custody of the sheriff to | 6 | | serve the sentence, the sheriff may place the offender in an | 7 | | electronic monitoring or home detention program for service of | 8 | | that minimum term of imprisonment unless (i) the offender was | 9 | | convicted of an excluded offense or (ii) the court's sentencing | 10 | | order specifies that the minimum term of imprisonment shall be | 11 | | served 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 | 15 | | departments. If the supervising authority is a probation | 16 | | department, the Chief Judge of the circuit court may by | 17 | | administrative order establish a program for electronic | 18 | | monitoring of offenders, in which a vendor supplies and | 19 | | monitors the operation of the electronic monitoring device, and | 20 | | collects the fees on behalf of the county. The program shall | 21 | | include provisions for indigent offenders and the collection of | 22 | | unpaid fees and shall not unduly burden the offender and shall | 23 | | be 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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| 1 | | additional charges or fees for late payment, interest, or | 2 | | damage to any device.
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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