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90_HB2237
730 ILCS 5/5-6-3 from Ch. 38, par. 1005-6-3
730 ILCS 5/5-8A-5 from Ch. 38, par. 1005-8A-5
Amends the Unified Code of Corrections. Provides that
the fee imposed by the court for the use of an approved
electronic monitoring device shall be for all costs
incidental to the approved electronic monitoring device (now
the fee cannot exceed $5 for each day of use of the device).
Provides that an offender as a part of an approved pretrial
release may be ordered to pay all costs incidental to
approved electronic monitoring.
LRB9004352RCks
LRB9004352RCks
1 AN ACT to amend the Unified Code of Corrections by
2 changing Sections 5-6-3 and 5-8A-5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Sections 5-6-3 and 5-8A-5 as follows:
7 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
8 (Text of Section before amendment by P.A. 89-688)
9 Sec. 5-6-3. Conditions of Probation and of Conditional
10 Discharge.
11 (a) The conditions of probation and of conditional
12 discharge shall be that the person:
13 (1) not violate any criminal statute of any
14 jurisdiction;
15 (2) report to or appear in person before such
16 person or agency as directed by the court;
17 (3) refrain from possessing a firearm or other
18 dangerous weapon;
19 (4) not leave the State without the consent of the
20 court or, in circumstances in which the reason for the
21 absence is of such an emergency nature that prior consent
22 by the court is not possible, without the prior
23 notification and approval of the person's probation
24 officer;
25 (5) permit the probation officer to visit him at
26 his home or elsewhere to the extent necessary to
27 discharge his duties; and
28 (6) perform no less than 30 hours of community
29 service and not more than 120 hours of community service,
30 if community service is available in the jurisdiction and
31 is funded and approved by the county board where the
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1 offense was committed, where the offense was related to
2 or in furtherance of the criminal activities of an
3 organized gang and was motivated by the offender's
4 membership in or allegiance to an organized gang. The
5 community service shall include, but not be limited to,
6 the cleanup and repair of any damage caused by a
7 violation of Section 21-1.3 of the Criminal Code of 1961
8 and similar damage to property located within the
9 municipality or county in which the violation occurred.
10 When possible and reasonable, the community service
11 should be performed in the offender's neighborhood. For
12 purposes of this Section, "organized gang" has the
13 meaning ascribed to it in Section 10 of the Illinois
14 Streetgang Terrorism Omnibus Prevention Act.
15 (b) The Court may in addition to other reasonable
16 conditions relating to the nature of the offense or the
17 rehabilitation of the defendant as determined for each
18 defendant in the proper discretion of the Court require that
19 the person:
20 (1) serve a term of periodic imprisonment under
21 Article 7 for a period not to exceed that specified in
22 paragraph (d) of Section 5-7-1;
23 (2) pay a fine and costs;
24 (3) work or pursue a course of study or vocational
25 training;
26 (4) undergo medical, psychological or psychiatric
27 treatment; or treatment for drug addiction or alcoholism;
28 (5) attend or reside in a facility established for
29 the instruction or residence of defendants on probation;
30 (6) support his dependents;
31 (7) and in addition, if a minor:
32 (i) reside with his parents or in a foster
33 home;
34 (ii) attend school;
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1 (iii) attend a non-residential program for
2 youth;
3 (iv) contribute to his own support at home or
4 in a foster home;
5 (8) make restitution as provided in Section 5-5-6
6 of this Code;
7 (9) perform some reasonable public or community
8 service;
9 (10) serve a term of home confinement. In addition
10 to any other applicable condition of probation or
11 conditional discharge, the conditions of home confinement
12 shall be that the offender:
13 (i) remain within the interior premises of the
14 place designated for his confinement during the
15 hours designated by the court;
16 (ii) admit any person or agent designated by
17 the court into the offender's place of confinement
18 at any time for purposes of verifying the offender's
19 compliance with the conditions of his confinement;
20 and
21 (iii) if further deemed necessary by the court
22 or the Probation or Court Services Department, be
23 placed on an approved electronic monitoring device,
24 subject to Article 8A of Chapter V;
25 (iv) for persons convicted of any alcohol,
26 cannabis or controlled substance violation who are
27 placed on an approved monitoring device as a
28 condition of probation or conditional discharge, the
29 court shall impose a fee for all costs incidental to
30 the approved electronic monitoring device not to
31 exceed $5 for each day of the use of the device,
32 unless after determining the inability of the
33 offender to pay the fee, the court assesses a lesser
34 fee or no fee as the case may be. The fee shall be
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1 collected by the clerk of the circuit court. The
2 clerk of the circuit court shall pay all monies
3 collected from this fee to the county treasurer for
4 deposit in the substance abuse services fund under
5 Section 5-1086.1 of the Counties Code; and
6 (v) for persons convicted of offenses other
7 than those referenced in clause (iv) above and who
8 are placed on an approved monitoring device as a
9 condition of probation or conditional discharge, the
10 court shall impose a fee for all costs incidental to
11 the approved electronic monitoring device not to
12 exceed $5 for each day of the use of the device,
13 unless after determining the inability of the
14 defendant to pay the fee, the court assesses a
15 lesser fee or no fee as the case may be. The fee
16 shall be imposed in addition to the fee imposed
17 under subsection (i) of Section 5-6-3. The fee
18 shall be collected by the clerk of the circuit
19 court. The clerk of the circuit court shall pay all
20 monies collected from this fee to the county
21 treasurer who shall use the monies collected to
22 defray the costs of corrections. The county
23 treasurer shall deposit the fee collected in the
24 county working cash fund under Section 6-27001 of
25 the Counties Code.
26 (11) comply with the terms and conditions of an
27 order of protection issued by the court pursuant to the
28 Illinois Domestic Violence Act of 1986, as now or
29 hereafter amended. A copy of the order of protection
30 shall be transmitted to the probation officer or agency
31 having responsibility for the case;
32 (12) reimburse any "local anti-crime program" as
33 defined in Section 7 of the Anti-Crime Advisory Council
34 Act for any reasonable expenses incurred by the program
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1 on the offender's case, not to exceed the maximum amount
2 of the fine authorized for the offense for which the
3 defendant was 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, to a
7 "local anti-crime program", as defined in Section 7 of
8 the Anti-Crime Advisory Council Act;
9 (14) refrain from entering into a designated
10 geographic area except upon such terms as the court finds
11 appropriate. Such terms may include consideration of the
12 purpose of the entry, the time of day, other persons
13 accompanying the defendant, and advance approval by a
14 probation officer, if the defendant has been placed on
15 probation or advance approval by the court, if the
16 defendant was placed on conditional discharge;
17 (15) refrain from having any contact, directly or
18 indirectly, with certain specified persons or particular
19 types of persons, including but not limited to members of
20 street gangs and drug users or dealers;
21 (16) refrain from having in his or her body the
22 presence of any illicit drug prohibited by the Cannabis
23 Control Act or the Illinois Controlled Substances Act,
24 unless prescribed by a physician, and submit samples of
25 his or her blood or urine or both for tests to determine
26 the presence of any illicit drug.
27 (c) The court may as a condition of probation or of
28 conditional discharge require that a person under 18 years of
29 age found guilty of any alcohol, cannabis or controlled
30 substance violation, refrain from acquiring a driver's
31 license during the period of probation or conditional
32 discharge. If such person is in possession of a permit or
33 license, the court may require that the minor refrain from
34 driving or operating any motor vehicle during the period of
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1 probation or conditional discharge, except as may be
2 necessary in the course of the minor's lawful employment.
3 (d) An offender sentenced to probation or to conditional
4 discharge shall be given a certificate setting forth the
5 conditions thereof.
6 (e) The court shall not require as a condition of the
7 sentence of probation or conditional discharge that the
8 offender be committed to a period of imprisonment in excess
9 of 6 months. This 6 month limit shall not include periods of
10 confinement given pursuant to a sentence of county impact
11 incarceration under Section 5-8-1.2.
12 Persons committed to imprisonment as a condition of
13 probation or conditional discharge shall not be committed to
14 the Department of Corrections.
15 (f) The court may combine a sentence of periodic
16 imprisonment under Article 7 or a sentence to a county impact
17 incarceration program under Article 8 with a sentence of
18 probation or conditional discharge.
19 (g) An offender sentenced to probation or to conditional
20 discharge or as part of an approved pretrial release and who
21 during the term of either undergoes mandatory drug or alcohol
22 testing, or both, or is assigned to be placed on an approved
23 electronic monitoring device, may be ordered to pay all costs
24 incidental to such mandatory drug or alcohol testing, or
25 both, and all costs incidental to such approved electronic
26 monitoring in accordance with the defendant's ability to pay
27 those costs. The county board with the concurrence of the
28 Chief Judge of the judicial circuit in which the county is
29 located may establish reasonable fees for the cost of
30 maintenance, testing, and incidental expenses related to the
31 mandatory drug or alcohol testing, or both, and all costs
32 incidental to approved electronic monitoring, involved in a
33 successful probation program for the county. The concurrence
34 of the Chief Judge shall be in the form of an administrative
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1 order.
2 (h) Jurisdiction over an offender may be transferred
3 from the sentencing court to the court of another circuit
4 with the concurrence of both courts. Further transfers or
5 retransfers of jurisdiction are also authorized in the same
6 manner. The court to which jurisdiction has been transferred
7 shall have the same powers as the sentencing court.
8 (i) The court shall impose upon an offender sentenced to
9 probation after January 1, 1989 or to conditional discharge
10 after January 1, 1992, as a condition of such probation or
11 conditional discharge, a fee of $25 for each month of
12 probation or conditional discharge supervision ordered by the
13 court, unless after determining the inability of the person
14 sentenced to probation or conditional discharge to pay the
15 fee, the court assesses a lesser fee. The court may not
16 impose the fee on a minor who is made a ward of the State
17 under the Juvenile Court Act of 1987 while the minor is in
18 placement. The fee shall be imposed only upon an offender who
19 is actively supervised by the probation and court services
20 department. The fee shall be collected by the clerk of the
21 circuit court. The clerk of the circuit court shall pay all
22 monies collected from this fee to the county treasurer for
23 deposit in the probation and court services fund under
24 Section 15.1 of the Probation and Probation Officers Act.
25 (j) All fines and costs imposed under this Section for
26 any violation of Chapters 3, 4, 6, and 11 of the Illinois
27 Vehicle Code, or a similar provision of a local ordinance,
28 and any violation of the Child Passenger Protection Act, or a
29 similar provision of a local ordinance, shall be collected
30 and disbursed by the circuit clerk as provided under Section
31 27.5 of the Clerks of Courts Act.
32 (Source: P.A. 88-510; 88-680, eff. 1-1-95; 89-198, eff.
33 7-21-95; 89-587, eff. 7-31-96.)
34 (Text of Section after amendment by P.A. 89-688)
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1 Sec. 5-6-3. Conditions of Probation and of Conditional
2 Discharge.
3 (a) The conditions of probation and of conditional
4 discharge shall be that the person:
5 (1) not violate any criminal statute of any
6 jurisdiction;
7 (2) report to or appear in person before such
8 person or agency as directed by the court;
9 (3) refrain from possessing a firearm or other
10 dangerous weapon;
11 (4) not leave the State without the consent of the
12 court or, in circumstances in which the reason for the
13 absence is of such an emergency nature that prior consent
14 by the court is not possible, without the prior
15 notification and approval of the person's probation
16 officer;
17 (5) permit the probation officer to visit him at
18 his home or elsewhere to the extent necessary to
19 discharge his duties;
20 (6) perform no less than 30 hours of community
21 service and not more than 120 hours of community service,
22 if community service is available in the jurisdiction and
23 is funded and approved by the county board where the
24 offense was committed, where the offense was related to
25 or in furtherance of the criminal activities of an
26 organized gang and was motivated by the offender's
27 membership in or allegiance to an organized gang. The
28 community service shall include, but not be limited to,
29 the cleanup and repair of any damage caused by a
30 violation of Section 21-1.3 of the Criminal Code of 1961
31 and similar damage to property located within the
32 municipality or county in which the violation occurred.
33 When possible and reasonable, the community service
34 should be performed in the offender's neighborhood. For
-9- LRB9004352RCks
1 purposes of this Section, "organized gang" has the
2 meaning ascribed to it in Section 10 of the Illinois
3 Streetgang Terrorism Omnibus Prevention Act; and
4 (7) if he or she is at least 17 years of age and
5 has been sentenced to probation or conditional discharge
6 for a misdemeanor or felony in a county of 3,000,000 or
7 more inhabitants and has not been previously convicted of
8 a misdemeanor or felony, may be required by the
9 sentencing court to attend educational courses designed
10 to prepare the defendant for a high school diploma and to
11 work toward a high school diploma or to work toward
12 passing the high school level Test of General Educational
13 Development (GED) or to work toward completing a
14 vocational training program approved by the court. The
15 person on probation or conditional discharge must attend
16 a public institution of education to obtain the
17 educational or vocational training required by this
18 clause (7). The court shall revoke the probation or
19 conditional discharge of a person who wilfully fails to
20 comply with this clause (7). The person on probation or
21 conditional discharge shall be required to pay for the
22 cost of the educational courses or GED test, if a fee is
23 charged for those courses or test. The court shall
24 resentence the offender whose probation or conditional
25 discharge has been revoked as provided in Section 5-6-4.
26 This clause (7) does not apply to a person who has a high
27 school diploma or has successfully passed the GED test.
28 This clause (7) does not apply to a person who is
29 determined by the court to be developmentally disabled or
30 otherwise mentally incapable of completing the
31 educational or vocational program.
32 (b) The Court may in addition to other reasonable
33 conditions relating to the nature of the offense or the
34 rehabilitation of the defendant as determined for each
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1 defendant in the proper discretion of the Court require that
2 the person:
3 (1) serve a term of periodic imprisonment under
4 Article 7 for a period not to exceed that specified in
5 paragraph (d) of Section 5-7-1;
6 (2) pay a fine and costs;
7 (3) work or pursue a course of study or vocational
8 training;
9 (4) undergo medical, psychological or psychiatric
10 treatment; or treatment for drug addiction or alcoholism;
11 (5) attend or reside in a facility established for
12 the instruction or residence of defendants on probation;
13 (6) support his dependents;
14 (7) and in addition, if a minor:
15 (i) reside with his parents or in a foster
16 home;
17 (ii) attend school;
18 (iii) attend a non-residential program for
19 youth;
20 (iv) contribute to his own support at home or
21 in a foster home;
22 (8) make restitution as provided in Section 5-5-6
23 of this Code;
24 (9) perform some reasonable public or community
25 service;
26 (10) serve a term of home confinement. In addition
27 to any other applicable condition of probation or
28 conditional discharge, the conditions of home confinement
29 shall be that the offender:
30 (i) remain within the interior premises of the
31 place designated for his confinement during the
32 hours designated by the court;
33 (ii) admit any person or agent designated by
34 the court into the offender's place of confinement
-11- LRB9004352RCks
1 at any time for purposes of verifying the offender's
2 compliance with the conditions of his confinement;
3 and
4 (iii) if further deemed necessary by the court
5 or the Probation or Court Services Department, be
6 placed on an approved electronic monitoring device,
7 subject to Article 8A of Chapter V;
8 (iv) for persons convicted of any alcohol,
9 cannabis or controlled substance violation who are
10 placed on an approved monitoring device as a
11 condition of probation or conditional discharge, the
12 court shall impose a fee for all costs incidental to
13 the approved electronic monitoring device not to
14 exceed $5 for each day of the use of the device,
15 unless after determining the inability of the
16 offender to pay the fee, the court assesses a lesser
17 fee or no fee as the case may be. The fee shall be
18 collected by the clerk of the circuit court. The
19 clerk of the circuit court shall pay all monies
20 collected from this fee to the county treasurer for
21 deposit in the substance abuse services fund under
22 Section 5-1086.1 of the Counties Code; and
23 (v) for persons convicted of offenses other
24 than those referenced in clause (iv) above and who
25 are placed on an approved monitoring device as a
26 condition of probation or conditional discharge, the
27 court shall impose a fee for all costs incidental to
28 the approved electronic monitoring device not to
29 exceed $5 for each day of the use of the device,
30 unless after determining the inability of the
31 defendant to pay the fee, the court assesses a
32 lesser fee or no fee as the case may be. The fee
33 shall be imposed in addition to the fee imposed
34 under subsection (i) of Section 5-6-3. The fee
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1 shall be collected by the clerk of the circuit
2 court. The clerk of the circuit court shall pay all
3 monies collected from this fee to the county
4 treasurer who shall use the monies collected to
5 defray the costs of corrections. The county
6 treasurer shall deposit the fee collected in the
7 county working cash fund under Section 6-27001 of
8 the Counties Code.
9 (11) comply with the terms and conditions of an
10 order of protection issued by the court pursuant to the
11 Illinois Domestic Violence Act of 1986, as now or
12 hereafter amended. A copy of the order of protection
13 shall be transmitted to the probation officer or agency
14 having responsibility for the case;
15 (12) reimburse any "local anti-crime program" as
16 defined in Section 7 of the Anti-Crime Advisory Council
17 Act for any reasonable expenses incurred by the program
18 on the offender's case, not to exceed the maximum amount
19 of the fine authorized for the offense for which the
20 defendant was sentenced;
21 (13) contribute a reasonable sum of money, not to
22 exceed the maximum amount of the fine authorized for the
23 offense for which the defendant was sentenced, to a
24 "local anti-crime program", as defined in Section 7 of
25 the Anti-Crime Advisory Council Act;
26 (14) refrain from entering into a designated
27 geographic area except upon such terms as the court finds
28 appropriate. Such terms may include consideration of the
29 purpose of the entry, the time of day, other persons
30 accompanying the defendant, and advance approval by a
31 probation officer, if the defendant has been placed on
32 probation or advance approval by the court, if the
33 defendant was placed on conditional discharge;
34 (15) refrain from having any contact, directly or
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1 indirectly, with certain specified persons or particular
2 types of persons, including but not limited to members of
3 street gangs and drug users or dealers;
4 (16) refrain from having in his or her body the
5 presence of any illicit drug prohibited by the Cannabis
6 Control Act or the Illinois Controlled Substances Act,
7 unless prescribed by a physician, and submit samples of
8 his or her blood or urine or both for tests to determine
9 the presence of any illicit drug.
10 (c) The court may as a condition of probation or of
11 conditional discharge require that a person under 18 years of
12 age found guilty of any alcohol, cannabis or controlled
13 substance violation, refrain from acquiring a driver's
14 license during the period of probation or conditional
15 discharge. If such person is in possession of a permit or
16 license, the court may require that the minor refrain from
17 driving or operating any motor vehicle during the period of
18 probation or conditional discharge, except as may be
19 necessary in the course of the minor's lawful employment.
20 (d) An offender sentenced to probation or to conditional
21 discharge shall be given a certificate setting forth the
22 conditions thereof.
23 (e) The court shall not require as a condition of the
24 sentence of probation or conditional discharge that the
25 offender be committed to a period of imprisonment in excess
26 of 6 months. This 6 month limit shall not include periods of
27 confinement given pursuant to a sentence of county impact
28 incarceration under Section 5-8-1.2.
29 Persons committed to imprisonment as a condition of
30 probation or conditional discharge shall not be committed to
31 the Department of Corrections.
32 (f) The court may combine a sentence of periodic
33 imprisonment under Article 7 or a sentence to a county impact
34 incarceration program under Article 8 with a sentence of
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1 probation or conditional discharge.
2 (g) An offender sentenced to probation or to conditional
3 discharge or as part of an approved pretrial release and who
4 during the term of either undergoes mandatory drug or alcohol
5 testing, or both, or is assigned to be placed on an approved
6 electronic monitoring device, may be ordered to pay all costs
7 incidental to such mandatory drug or alcohol testing, or
8 both, and all costs incidental to such approved electronic
9 monitoring in accordance with the defendant's ability to pay
10 those costs. The county board with the concurrence of the
11 Chief Judge of the judicial circuit in which the county is
12 located may establish reasonable fees for the cost of
13 maintenance, testing, and incidental expenses related to the
14 mandatory drug or alcohol testing, or both, and all costs
15 incidental to approved electronic monitoring, involved in a
16 successful probation program for the county. The concurrence
17 of the Chief Judge shall be in the form of an administrative
18 order.
19 (h) Jurisdiction over an offender may be transferred
20 from the sentencing court to the court of another circuit
21 with the concurrence of both courts. Further transfers or
22 retransfers of jurisdiction are also authorized in the same
23 manner. The court to which jurisdiction has been transferred
24 shall have the same powers as the sentencing court.
25 (i) The court shall impose upon an offender sentenced to
26 probation after January 1, 1989 or to conditional discharge
27 after January 1, 1992, as a condition of such probation or
28 conditional discharge, a fee of $25 for each month of
29 probation or conditional discharge supervision ordered by the
30 court, unless after determining the inability of the person
31 sentenced to probation or conditional discharge to pay the
32 fee, the court assesses a lesser fee. The court may not
33 impose the fee on a minor who is made a ward of the State
34 under the Juvenile Court Act of 1987 while the minor is in
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1 placement. The fee shall be imposed only upon an offender who
2 is actively supervised by the probation and court services
3 department. The fee shall be collected by the clerk of the
4 circuit court. The clerk of the circuit court shall pay all
5 monies collected from this fee to the county treasurer for
6 deposit in the probation and court services fund under
7 Section 15.1 of the Probation and Probation Officers Act.
8 (j) All fines and costs imposed under this Section for
9 any violation of Chapters 3, 4, 6, and 11 of the Illinois
10 Vehicle Code, or a similar provision of a local ordinance,
11 and any violation of the Child Passenger Protection Act, or a
12 similar provision of a local ordinance, shall be collected
13 and disbursed by the circuit clerk as provided under Section
14 27.5 of the Clerks of Courts Act.
15 (Source: P.A. 88-510; 88-680, eff. 1-1-95; 89-198, eff.
16 7-21-95; 89-587, eff. 7-31-96; 89-688, eff. 6-1-97; revised
17 1-20-97.)
18 (730 ILCS 5/5-8A-5) (from Ch. 38, par. 1005-8A-5)
19 Sec. 5-8A-5. Consent of the participant. Before
20 entering an order for commitment for electronic home
21 detention, the supervising authority shall inform the
22 participant and other persons residing in the home of the
23 nature and extent of the approved electronic monitoring
24 devices by doing the following:
25 (A) Securing the written consent of the participant in
26 the program to comply with the rules and regulations of the
27 program as stipulated in subsections (A) through (I) of
28 Section 5-8A-4.
29 (B) Securing the written consent of other persons
30 residing in the home of the participant at the time of the
31 order or commitment for electronic home detention is entered
32 and acknowledge the nature and extent of approved electronic
33 monitoring devices, if possible, but at least the individual
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1 in whose name telephone service is made available to that
2 home.
3 (C) Insure that the approved electronic devices be
4 minimally intrusive upon the privacy of the participant and
5 other persons residing in the home while remaining in
6 compliance with subsections (B) through (D) of Section
7 5-8A-4.
8 (Source: P.A. 86-1281; 87-860; 87-890.)
9 Section 95. No acceleration or delay. Where this Act
10 makes changes in a statute that is represented in this Act by
11 text that is not yet or no longer in effect (for example, a
12 Section represented by multiple versions), the use of that
13 text does not accelerate or delay the taking effect of (i)
14 the changes made by this Act or (ii) provisions derived from
15 any other Public Act.