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90_SB0218eng
730 ILCS 5/5-6-3 from Ch. 38, par. 1005-6-3
730 ILCS 5/5-6-3.1 from Ch. 38, par. 1005-6-3.1
Amends the Unified Code of Corrections. Requires a
defendant who is placed on supervision, probation, or
conditional discharge for possession of substances prohibited
by the Cannabis Control Act or Illinois Controlled Substances
Act after a previous conviction or disposition of supervision
or probation to undergo treatment at a substance abuse
program.
LRB9001484RCcb
SB218 Engrossed LRB9001484RCcb
1 AN ACT to amend the Unified Code of Corrections by
2 changing Sections 5-6-3 and 5-6-3.1.
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 5-6-3.1 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
SB218 Engrossed -2- LRB9001484RCcb
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; and.
15 (7) if convicted of possession of a substance
16 prohibited by the Cannabis Control Act or Illinois
17 Controlled Substances Act after a previous conviction or
18 disposition of supervision for possession of a substance
19 prohibited by the Cannabis Control Act or Illinois
20 Controlled Substances Act or after a sentence of
21 probation under Section 10 of the Cannabis Control Act or
22 Section 410 of the Illinois Controlled Substances Act and
23 upon a finding by the court that the person is addicted,
24 undergo treatment at a substance abuse program approved
25 by the court.
26 (b) The Court may in addition to other reasonable
27 conditions relating to the nature of the offense or the
28 rehabilitation of the defendant as determined for each
29 defendant in the proper discretion of the Court require that
30 the person:
31 (1) serve a term of periodic imprisonment under
32 Article 7 for a period not to exceed that specified in
33 paragraph (d) of Section 5-7-1;
34 (2) pay a fine and costs;
SB218 Engrossed -3- LRB9001484RCcb
1 (3) work or pursue a course of study or vocational
2 training;
3 (4) undergo medical, psychological or psychiatric
4 treatment; or treatment for drug addiction or alcoholism;
5 (5) attend or reside in a facility established for
6 the instruction or residence of defendants on probation;
7 (6) support his dependents;
8 (7) and in addition, if a minor:
9 (i) reside with his parents or in a foster
10 home;
11 (ii) attend school;
12 (iii) attend a non-residential program for
13 youth;
14 (iv) contribute to his own support at home or
15 in a foster home;
16 (8) make restitution as provided in Section 5-5-6
17 of this Code;
18 (9) perform some reasonable public or community
19 service;
20 (10) serve a term of home confinement. In addition
21 to any other applicable condition of probation or
22 conditional discharge, the conditions of home confinement
23 shall be that the offender:
24 (i) remain within the interior premises of the
25 place designated for his confinement during the
26 hours designated by the court;
27 (ii) admit any person or agent designated by
28 the court into the offender's place of confinement
29 at any time for purposes of verifying the offender's
30 compliance with the conditions of his confinement;
31 and
32 (iii) if further deemed necessary by the court
33 or the Probation or Court Services Department, be
34 placed on an approved electronic monitoring device,
SB218 Engrossed -4- LRB9001484RCcb
1 subject to Article 8A of Chapter V;
2 (iv) for persons convicted of any alcohol,
3 cannabis or controlled substance violation who are
4 placed on an approved monitoring device as a
5 condition of probation or conditional discharge, the
6 court shall impose a fee not to exceed $5 for each
7 day of the use of the device, unless after
8 determining the inability of the offender to pay the
9 fee, the court assesses a lesser fee or no fee as
10 the case may be. The fee shall be collected by the
11 clerk of the circuit court. The clerk of the
12 circuit court shall pay all monies collected from
13 this fee to the county treasurer for deposit in the
14 substance abuse services fund under Section 5-1086.1
15 of the Counties Code; and
16 (v) for persons convicted of offenses other
17 than those referenced in clause (iv) above and who
18 are placed on an approved monitoring device as a
19 condition of probation or conditional discharge, the
20 court shall impose a fee not to exceed $5 for each
21 day of the use of the device, unless after
22 determining the inability of the defendant to pay
23 the fee, the court assesses a lesser fee or no fee
24 as the case may be. The fee shall be imposed in
25 addition to the fee imposed under subsection (i) of
26 Section 5-6-3. The fee shall be collected by the
27 clerk of the circuit court. The clerk of the circuit
28 court shall pay all monies collected from this fee
29 to the county treasurer who shall use the monies
30 collected to defray the costs of corrections. The
31 county treasurer shall deposit the fee collected in
32 the county working cash fund under Section 6-27001
33 of the Counties Code.
34 (11) comply with the terms and conditions of an
SB218 Engrossed -5- LRB9001484RCcb
1 order of protection issued by the court pursuant to the
2 Illinois Domestic Violence Act of 1986, as now or
3 hereafter amended. A copy of the order of protection
4 shall be transmitted to the probation officer or agency
5 having responsibility for the case;
6 (12) reimburse any "local anti-crime program" as
7 defined in Section 7 of the Anti-Crime Advisory Council
8 Act for any reasonable expenses incurred by the program
9 on the offender's case, not to exceed the maximum amount
10 of the fine authorized for the offense for which the
11 defendant was sentenced;
12 (13) contribute a reasonable sum of money, not to
13 exceed the maximum amount of the fine authorized for the
14 offense for which the defendant was sentenced, to a
15 "local anti-crime program", as defined in Section 7 of
16 the Anti-Crime Advisory Council Act;
17 (14) refrain from entering into a designated
18 geographic area except upon such terms as the court finds
19 appropriate. Such terms may include consideration of the
20 purpose of the entry, the time of day, other persons
21 accompanying the defendant, and advance approval by a
22 probation officer, if the defendant has been placed on
23 probation or advance approval by the court, if the
24 defendant was placed on conditional discharge;
25 (15) refrain from having any contact, directly or
26 indirectly, with certain specified persons or particular
27 types of persons, including but not limited to members of
28 street gangs and drug users or dealers;
29 (16) refrain from having in his or her body the
30 presence of any illicit drug prohibited by the Cannabis
31 Control Act or the Illinois Controlled Substances Act,
32 unless prescribed by a physician, and submit samples of
33 his or her blood or urine or both for tests to determine
34 the presence of any illicit drug.
SB218 Engrossed -6- LRB9001484RCcb
1 (c) The court may as a condition of probation or of
2 conditional discharge require that a person under 18 years of
3 age found guilty of any alcohol, cannabis or controlled
4 substance violation, refrain from acquiring a driver's
5 license during the period of probation or conditional
6 discharge. If such person is in possession of a permit or
7 license, the court may require that the minor refrain from
8 driving or operating any motor vehicle during the period of
9 probation or conditional discharge, except as may be
10 necessary in the course of the minor's lawful employment.
11 (d) An offender sentenced to probation or to conditional
12 discharge shall be given a certificate setting forth the
13 conditions thereof.
14 (e) The court shall not require as a condition of the
15 sentence of probation or conditional discharge that the
16 offender be committed to a period of imprisonment in excess
17 of 6 months. This 6 month limit shall not include periods of
18 confinement given pursuant to a sentence of county impact
19 incarceration under Section 5-8-1.2.
20 Persons committed to imprisonment as a condition of
21 probation or conditional discharge shall not be committed to
22 the Department of Corrections.
23 (f) The court may combine a sentence of periodic
24 imprisonment under Article 7 or a sentence to a county impact
25 incarceration program under Article 8 with a sentence of
26 probation or conditional discharge.
27 (g) An offender sentenced to probation or to conditional
28 discharge and who during the term of either undergoes
29 mandatory drug or alcohol testing, or both, or is assigned to
30 be placed on an approved electronic monitoring device, may be
31 ordered to pay all costs incidental to such mandatory drug or
32 alcohol testing, or both, and all costs incidental to such
33 approved electronic monitoring in accordance with the
34 defendant's ability to pay those costs. The county board
SB218 Engrossed -7- LRB9001484RCcb
1 with the concurrence of the Chief Judge of the judicial
2 circuit in which the county is located may establish
3 reasonable fees for the cost of maintenance, testing, and
4 incidental expenses related to the mandatory drug or alcohol
5 testing, or both, and all costs incidental to approved
6 electronic monitoring, involved in a successful probation
7 program for the county. The concurrence of the Chief Judge
8 shall be in the form of an administrative order.
9 (h) Jurisdiction over an offender may be transferred
10 from the sentencing court to the court of another circuit
11 with the concurrence of both courts. Further transfers or
12 retransfers of jurisdiction are also authorized in the same
13 manner. The court to which jurisdiction has been transferred
14 shall have the same powers as the sentencing court.
15 (i) The court shall impose upon an offender sentenced to
16 probation after January 1, 1989 or to conditional discharge
17 after January 1, 1992, as a condition of such probation or
18 conditional discharge, a fee of $25 for each month of
19 probation or conditional discharge supervision ordered by the
20 court, unless after determining the inability of the person
21 sentenced to probation or conditional discharge to pay the
22 fee, the court assesses a lesser fee. The court may not
23 impose the fee on a minor who is made a ward of the State
24 under the Juvenile Court Act of 1987 while the minor is in
25 placement. The fee shall be imposed only upon an offender who
26 is actively supervised by the probation and court services
27 department. The fee shall be collected by the clerk of the
28 circuit court. The clerk of the circuit court shall pay all
29 monies collected from this fee to the county treasurer for
30 deposit in the probation and court services fund under
31 Section 15.1 of the Probation and Probation Officers Act.
32 (j) All fines and costs imposed under this Section for
33 any violation of Chapters 3, 4, 6, and 11 of the Illinois
34 Vehicle Code, or a similar provision of a local ordinance,
SB218 Engrossed -8- LRB9001484RCcb
1 and any violation of the Child Passenger Protection Act, or a
2 similar provision of a local ordinance, shall be collected
3 and disbursed by the circuit clerk as provided under Section
4 27.5 of the Clerks of Courts Act.
5 (Source: P.A. 88-510; 88-680, eff. 1-1-95; 89-198, eff.
6 7-21-95; 89-587, eff. 7-31-96.)
7 (Text of Section after amendment by P.A. 89-688)
8 Sec. 5-6-3. Conditions of Probation and of Conditional
9 Discharge.
10 (a) The conditions of probation and of conditional
11 discharge shall be that the person:
12 (1) not violate any criminal statute of any
13 jurisdiction;
14 (2) report to or appear in person before such
15 person or agency as directed by the court;
16 (3) refrain from possessing a firearm or other
17 dangerous weapon;
18 (4) not leave the State without the consent of the
19 court or, in circumstances in which the reason for the
20 absence is of such an emergency nature that prior consent
21 by the court is not possible, without the prior
22 notification and approval of the person's probation
23 officer;
24 (5) permit the probation officer to visit him at
25 his home or elsewhere to the extent necessary to
26 discharge his duties;
27 (6) perform no less than 30 hours of community
28 service and not more than 120 hours of community service,
29 if community service is available in the jurisdiction and
30 is funded and approved by the county board where the
31 offense was committed, where the offense was related to
32 or in furtherance of the criminal activities of an
33 organized gang and was motivated by the offender's
34 membership in or allegiance to an organized gang. The
SB218 Engrossed -9- LRB9001484RCcb
1 community service shall include, but not be limited to,
2 the cleanup and repair of any damage caused by a
3 violation of Section 21-1.3 of the Criminal Code of 1961
4 and similar damage to property located within the
5 municipality or county in which the violation occurred.
6 When possible and reasonable, the community service
7 should be performed in the offender's neighborhood. For
8 purposes of this Section, "organized gang" has the
9 meaning ascribed to it in Section 10 of the Illinois
10 Streetgang Terrorism Omnibus Prevention Act; and
11 (7) if he or she is at least 17 years of age and
12 has been sentenced to probation or conditional discharge
13 for a misdemeanor or felony in a county of 3,000,000 or
14 more inhabitants and has not been previously convicted of
15 a misdemeanor or felony, may be required by the
16 sentencing court to attend educational courses designed
17 to prepare the defendant for a high school diploma and to
18 work toward a high school diploma or to work toward
19 passing the high school level Test of General Educational
20 Development (GED) or to work toward completing a
21 vocational training program approved by the court. The
22 person on probation or conditional discharge must attend
23 a public institution of education to obtain the
24 educational or vocational training required by this
25 clause (7). The court shall revoke the probation or
26 conditional discharge of a person who wilfully fails to
27 comply with this clause (7). The person on probation or
28 conditional discharge shall be required to pay for the
29 cost of the educational courses or GED test, if a fee is
30 charged for those courses or test. The court shall
31 resentence the offender whose probation or conditional
32 discharge has been revoked as provided in Section 5-6-4.
33 This clause (7) does not apply to a person who has a high
34 school diploma or has successfully passed the GED test.
SB218 Engrossed -10- LRB9001484RCcb
1 This clause (7) does not apply to a person who is
2 determined by the court to be developmentally disabled or
3 otherwise mentally incapable of completing the
4 educational or vocational program; and.
5 (8) if convicted of possession of a substance
6 prohibited by the Cannabis Control Act or Illinois
7 Controlled Substances Act after a previous conviction or
8 disposition of supervision for possession of a substance
9 prohibited by the Cannabis Control Act or Illinois
10 Controlled Substances Act or after a sentence of
11 probation under Section 10 of the Cannabis Control Act or
12 Section 410 of the Illinois Controlled Substances Act and
13 upon a finding by the court that the person is addicted,
14 undergo treatment at a substance abuse program approved
15 by the court.
16 (b) The Court may in addition to other reasonable
17 conditions relating to the nature of the offense or the
18 rehabilitation of the defendant as determined for each
19 defendant in the proper discretion of the Court require that
20 the person:
21 (1) serve a term of periodic imprisonment under
22 Article 7 for a period not to exceed that specified in
23 paragraph (d) of Section 5-7-1;
24 (2) pay a fine and costs;
25 (3) work or pursue a course of study or vocational
26 training;
27 (4) undergo medical, psychological or psychiatric
28 treatment; or treatment for drug addiction or alcoholism;
29 (5) attend or reside in a facility established for
30 the instruction or residence of defendants on probation;
31 (6) support his dependents;
32 (7) and in addition, if a minor:
33 (i) reside with his parents or in a foster
34 home;
SB218 Engrossed -11- LRB9001484RCcb
1 (ii) attend school;
2 (iii) attend a non-residential program for
3 youth;
4 (iv) contribute to his own support at home or
5 in a foster home;
6 (8) make restitution as provided in Section 5-5-6
7 of this Code;
8 (9) perform some reasonable public or community
9 service;
10 (10) serve a term of home confinement. In addition
11 to any other applicable condition of probation or
12 conditional discharge, the conditions of home confinement
13 shall be that the offender:
14 (i) remain within the interior premises of the
15 place designated for his confinement during the
16 hours designated by the court;
17 (ii) admit any person or agent designated by
18 the court into the offender's place of confinement
19 at any time for purposes of verifying the offender's
20 compliance with the conditions of his confinement;
21 and
22 (iii) if further deemed necessary by the court
23 or the Probation or Court Services Department, be
24 placed on an approved electronic monitoring device,
25 subject to Article 8A of Chapter V;
26 (iv) for persons convicted of any alcohol,
27 cannabis or controlled substance violation who are
28 placed on an approved monitoring device as a
29 condition of probation or conditional discharge, the
30 court shall impose a fee not to exceed $5 for each
31 day of the use of the device, unless after
32 determining the inability of the offender to pay the
33 fee, the court assesses a lesser fee or no fee as
34 the case may be. The fee shall be collected by the
SB218 Engrossed -12- LRB9001484RCcb
1 clerk of the circuit court. The clerk of the
2 circuit court shall pay all monies collected from
3 this fee to the county treasurer for deposit in the
4 substance abuse services fund under Section 5-1086.1
5 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 not to exceed $5 for each
11 day of the use of the device, unless after
12 determining the inability of the defendant to pay
13 the fee, the court assesses a lesser fee or no fee
14 as the case may be. The fee shall be imposed in
15 addition to the fee imposed under subsection (i) of
16 Section 5-6-3. The fee shall be collected by the
17 clerk of the circuit court. The clerk of the circuit
18 court shall pay all monies collected from this fee
19 to the county treasurer who shall use the monies
20 collected to defray the costs of corrections. The
21 county treasurer shall deposit the fee collected in
22 the county working cash fund under Section 6-27001
23 of the Counties Code.
24 (11) comply with the terms and conditions of an
25 order of protection issued by the court pursuant to the
26 Illinois Domestic Violence Act of 1986, as now or
27 hereafter amended. A copy of the order of protection
28 shall be transmitted to the probation officer or agency
29 having responsibility for the case;
30 (12) reimburse any "local anti-crime program" as
31 defined in Section 7 of the Anti-Crime Advisory Council
32 Act for any reasonable expenses incurred by the program
33 on the offender's case, not to exceed the maximum amount
34 of the fine authorized for the offense for which the
SB218 Engrossed -13- LRB9001484RCcb
1 defendant was sentenced;
2 (13) contribute a reasonable sum of money, not to
3 exceed the maximum amount of the fine authorized for the
4 offense for which the defendant was sentenced, to a
5 "local anti-crime program", as defined in Section 7 of
6 the Anti-Crime Advisory Council Act;
7 (14) refrain from entering into a designated
8 geographic area except upon such terms as the court finds
9 appropriate. Such terms may include consideration of the
10 purpose of the entry, the time of day, other persons
11 accompanying the defendant, and advance approval by a
12 probation officer, if the defendant has been placed on
13 probation or advance approval by the court, if the
14 defendant was placed on conditional discharge;
15 (15) refrain from having any contact, directly or
16 indirectly, with certain specified persons or particular
17 types of persons, including but not limited to members of
18 street gangs and drug users or dealers;
19 (16) refrain from having in his or her body the
20 presence of any illicit drug prohibited by the Cannabis
21 Control Act or the Illinois Controlled Substances Act,
22 unless prescribed by a physician, and submit samples of
23 his or her blood or urine or both for tests to determine
24 the presence of any illicit drug.
25 (c) The court may as a condition of probation or of
26 conditional discharge require that a person under 18 years of
27 age found guilty of any alcohol, cannabis or controlled
28 substance violation, refrain from acquiring a driver's
29 license during the period of probation or conditional
30 discharge. If such person is in possession of a permit or
31 license, the court may require that the minor refrain from
32 driving or operating any motor vehicle during the period of
33 probation or conditional discharge, except as may be
34 necessary in the course of the minor's lawful employment.
SB218 Engrossed -14- LRB9001484RCcb
1 (d) An offender sentenced to probation or to conditional
2 discharge shall be given a certificate setting forth the
3 conditions thereof.
4 (e) The court shall not require as a condition of the
5 sentence of probation or conditional discharge that the
6 offender be committed to a period of imprisonment in excess
7 of 6 months. This 6 month limit shall not include periods of
8 confinement given pursuant to a sentence of county impact
9 incarceration under Section 5-8-1.2.
10 Persons committed to imprisonment as a condition of
11 probation or conditional discharge shall not be committed to
12 the Department of Corrections.
13 (f) The court may combine a sentence of periodic
14 imprisonment under Article 7 or a sentence to a county impact
15 incarceration program under Article 8 with a sentence of
16 probation or conditional discharge.
17 (g) An offender sentenced to probation or to conditional
18 discharge and who during the term of either undergoes
19 mandatory drug or alcohol testing, or both, or is assigned to
20 be placed on an approved electronic monitoring device, may be
21 ordered to pay all costs incidental to such mandatory drug or
22 alcohol testing, or both, and all costs incidental to such
23 approved electronic monitoring in accordance with the
24 defendant's ability to pay those costs. The county board
25 with the concurrence of the Chief Judge of the judicial
26 circuit in which the county is located may establish
27 reasonable fees for the cost of maintenance, testing, and
28 incidental expenses related to the mandatory drug or alcohol
29 testing, or both, and all costs incidental to approved
30 electronic monitoring, involved in a successful probation
31 program for the county. The concurrence of the Chief Judge
32 shall be in the form of an administrative order.
33 (h) Jurisdiction over an offender may be transferred
34 from the sentencing court to the court of another circuit
SB218 Engrossed -15- LRB9001484RCcb
1 with the concurrence of both courts. Further transfers or
2 retransfers of jurisdiction are also authorized in the same
3 manner. The court to which jurisdiction has been transferred
4 shall have the same powers as the sentencing court.
5 (i) The court shall impose upon an offender sentenced to
6 probation after January 1, 1989 or to conditional discharge
7 after January 1, 1992, as a condition of such probation or
8 conditional discharge, a fee of $25 for each month of
9 probation or conditional discharge supervision ordered by the
10 court, unless after determining the inability of the person
11 sentenced to probation or conditional discharge to pay the
12 fee, the court assesses a lesser fee. The court may not
13 impose the fee on a minor who is made a ward of the State
14 under the Juvenile Court Act of 1987 while the minor is in
15 placement. The fee shall be imposed only upon an offender who
16 is actively supervised by the probation and court services
17 department. The fee shall be collected by the clerk of the
18 circuit court. The clerk of the circuit court shall pay all
19 monies collected from this fee to the county treasurer for
20 deposit in the probation and court services fund under
21 Section 15.1 of the Probation and Probation Officers Act.
22 (j) All fines and costs imposed under this Section for
23 any violation of Chapters 3, 4, 6, and 11 of the Illinois
24 Vehicle Code, or a similar provision of a local ordinance,
25 and any violation of the Child Passenger Protection Act, or a
26 similar provision of a local ordinance, shall be collected
27 and disbursed by the circuit clerk as provided under Section
28 27.5 of the Clerks of Courts Act.
29 (Source: P.A. 88-510; 88-680, eff. 1-1-95; 89-198, eff.
30 7-21-95; 89-587, eff. 7-31-96; 89-688, eff. 6-1-97; revised
31 1-20-97.)
32 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
33 (Text of Section before amendment by P.A. 89-688)
SB218 Engrossed -16- LRB9001484RCcb
1 Sec. 5-6-3.1. Incidents and Conditions of Supervision.
2 (a) When a defendant is placed on supervision, the court
3 shall enter an order for supervision specifying the period of
4 such supervision, and shall defer further proceedings in the
5 case until the conclusion of the period.
6 (b) The period of supervision shall be reasonable under
7 all of the circumstances of the case, but may not be longer
8 than 2 years, unless the defendant has failed to pay the
9 assessment required by Section 10.3 of the Cannabis Control
10 Act or Section 411.2 of the Illinois Controlled Substances
11 Act, in which case the court may extend supervision beyond 2
12 years. Additionally, the court shall order the defendant to
13 perform no less than 30 hours of community service and not
14 more than 120 hours of community service, if community
15 service is available in the jurisdiction and is funded and
16 approved by the county board where the offense was committed,
17 when the offense (1) was related to or in furtherance of the
18 criminal activities of an organized gang or was motivated by
19 the defendant's membership in or allegiance to an organized
20 gang; or (2) is a violation of any Section of Article 24 of
21 the Criminal Code of 1961 where a disposition of supervision
22 is not prohibited by Section 5-6-1 of this Code. The
23 community service shall include, but not be limited to, the
24 cleanup and repair of any damage caused by violation of
25 Section 21-1.3 of the Criminal Code of 1961 and similar
26 damages to property located within the municipality or county
27 in which the violation occurred. Where possible and
28 reasonable, the community service should be performed in the
29 offender's neighborhood.
30 For the purposes of this Section, "organized gang" has
31 the meaning ascribed to it in Section 10 of the Illinois
32 Streetgang Terrorism Omnibus Prevention Act.
33 (c) The court may in addition to other reasonable
34 conditions relating to the nature of the offense or the
SB218 Engrossed -17- LRB9001484RCcb
1 rehabilitation of the defendant as determined for each
2 defendant in the proper discretion of the court require that
3 the person:
4 (1) make a report to and appear in person before or
5 participate with the court or such courts, person, or
6 social service agency as directed by the court in the
7 order of supervision;
8 (2) pay a fine and costs;
9 (3) work or pursue a course of study or vocational
10 training;
11 (4) undergo medical, psychological or psychiatric
12 treatment; or treatment for drug addiction or alcoholism;
13 (5) attend or reside in a facility established for
14 the instruction or residence of defendants on probation;
15 (6) support his dependents;
16 (7) refrain from possessing a firearm or other
17 dangerous weapon;
18 (8) and in addition, if a minor:
19 (i) reside with his parents or in a foster
20 home;
21 (ii) attend school;
22 (iii) attend a non-residential program for
23 youth;
24 (iv) contribute to his own support at home or
25 in a foster home; and
26 (9) make restitution or reparation in an amount not
27 to exceed actual loss or damage to property and pecuniary
28 loss or make restitution under Section 5-5-6 to a
29 domestic violence shelter. The court shall determine the
30 amount and conditions of payment;
31 (10) perform some reasonable public or community
32 service;
33 (11) comply with the terms and conditions of an
34 order of protection issued by the court pursuant to the
SB218 Engrossed -18- LRB9001484RCcb
1 Illinois Domestic Violence Act of 1986. If the court has
2 ordered the defendant to make a report and appear in
3 person under paragraph (1) of this subsection, a copy of
4 the order of protection shall be transmitted to the
5 person or agency so designated by the court;
6 (12) reimburse any "local anti-crime program" as
7 defined in Section 7 of the Anti-Crime Advisory Council
8 Act for any reasonable expenses incurred by the program
9 on the offender's case, not to exceed the maximum amount
10 of the fine authorized for the offense for which the
11 defendant was sentenced;
12 (13) contribute a reasonable sum of money, not to
13 exceed the maximum amount of the fine authorized for the
14 offense for which the defendant was sentenced, to a
15 "local anti-crime program", as defined in Section 7 of
16 the Anti-Crime Advisory Council Act;
17 (14) refrain from entering into a designated
18 geographic area except upon such terms as the court finds
19 appropriate. Such terms may include consideration of the
20 purpose of the entry, the time of day, other persons
21 accompanying the defendant, and advance approval by a
22 probation officer;
23 (15) refrain from having any contact, directly or
24 indirectly, with certain specified persons or particular
25 types of person, including but not limited to members of
26 street gangs and drug users or dealers;
27 (16) refrain from having in his or her body the
28 presence of any illicit drug prohibited by the Cannabis
29 Control Act or the Illinois Controlled Substances Act,
30 unless prescribed by a physician, and submit samples of
31 his or her blood or urine or both for tests to determine
32 the presence of any illicit drug.
33 (d) The court shall defer entering any judgment on the
34 charges until the conclusion of the supervision.
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1 (e) At the conclusion of the period of supervision, if
2 the court determines that the defendant has successfully
3 complied with all of the conditions of supervision, the court
4 shall discharge the defendant and enter a judgment dismissing
5 the charges.
6 (f) Discharge and dismissal upon a successful conclusion
7 of a disposition of supervision shall be deemed without
8 adjudication of guilt and shall not be termed a conviction
9 for purposes of disqualification or disabilities imposed by
10 law upon conviction of a crime. Two years after the
11 discharge and dismissal under this Section, unless the
12 disposition of supervision was for a violation of Sections
13 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
14 Vehicle Code or a similar provision of a local ordinance, or
15 for a violation of Sections 12-3.2 or 16A-3 of the Criminal
16 Code of 1961, in which case it shall be 5 years after
17 discharge and dismissal, a person may have his record of
18 arrest sealed or expunged as may be provided by law.
19 However, any defendant placed on supervision before January
20 1, 1980, may move for sealing or expungement of his arrest
21 record, as provided by law, at any time after discharge and
22 dismissal under this Section. A person placed on supervision
23 for a sexual offense committed against a minor as defined in
24 subsection (g) of Section 5 of the Criminal Identification
25 Act or for a violation of Section 11-501 of the Illinois
26 Vehicle Code or a similar provision of a local ordinance
27 shall not have his or her record of arrest sealed or
28 expunged.
29 (g) A defendant placed on supervision and who during the
30 period of supervision undergoes mandatory drug or alcohol
31 testing, or both, or is assigned to be placed on an approved
32 electronic monitoring device, may be ordered to pay the costs
33 incidental to such mandatory drug or alcohol testing, or
34 both, and costs incidental to such approved electronic
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1 monitoring in accordance with the defendant's ability to pay
2 those costs. The county board with the concurrence of the
3 Chief Judge of the judicial circuit in which the county is
4 located may establish reasonable fees for the cost of
5 maintenance, testing, and incidental expenses related to the
6 mandatory drug or alcohol testing, or both, and all costs
7 incidental to approved electronic monitoring, of all
8 offenders placed on supervision. The concurrence of the
9 Chief Judge shall be in the form of an administrative order.
10 (h) A disposition of supervision is a final order for
11 the purposes of appeal.
12 (i) The court shall impose upon a defendant placed on
13 supervision after January 1, 1992, as a condition of
14 supervision, a fee of $25 for each month of supervision
15 ordered by the court, unless after determining the inability
16 of the person placed on supervision to pay the fee, the court
17 assesses a lesser fee. The court may not impose the fee on a
18 minor who is made a ward of the State under the Juvenile
19 Court Act of 1987 while the minor is in placement. The fee
20 shall be imposed only upon a defendant who is actively
21 supervised by the probation and court services department.
22 The fee shall be collected by the clerk of the circuit court.
23 The clerk of the circuit court shall pay all monies collected
24 from this fee to the county treasurer for deposit in the
25 probation and court services fund pursuant to Section 15.1 of
26 the Probation and Probation Officers Act.
27 (j) All fines and costs imposed under this Section for
28 any violation of Chapters 3, 4, 6, and 11 of the Illinois
29 Vehicle Code, or a similar provision of a local ordinance,
30 and any violation of the Child Passenger Protection Act, or a
31 similar provision of a local ordinance, shall be collected
32 and disbursed by the circuit clerk as provided under Section
33 27.5 of the Clerks of Courts Act.
34 (k) The court shall require a defendant placed on
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1 supervision for possession of a substance prohibited by the
2 Cannabis Control Act or Illinois Controlled Substances Act
3 after a previous conviction or disposition of supervision for
4 possession of a substance prohibited by the Cannabis Control
5 Act or Illinois Controlled Substances Act or a sentence of
6 probation under Section 10 of the Cannabis Control Act or
7 Section 410 of the Illinois Controlled Substances Act and
8 after a finding by the court that the person is addicted, to
9 undergo treatment at a substance abuse program approved by
10 the court.
11 (Source: P.A. 88-77; 88-510; 88-670, eff. 12-2-94; 88-680,
12 eff. 1-1-95; 89-198, eff. 7-21-95; 89-203, eff. 7-21-95;
13 89-626, eff. 8-9-96; 89-637, eff. 1-1-97.)
14 (Text of Section after amendment by P.A. 89-688)
15 Sec. 5-6-3.1. Incidents and Conditions of Supervision.
16 (a) When a defendant is placed on supervision, the court
17 shall enter an order for supervision specifying the period of
18 such supervision, and shall defer further proceedings in the
19 case until the conclusion of the period.
20 (b) The period of supervision shall be reasonable under
21 all of the circumstances of the case, but may not be longer
22 than 2 years, unless the defendant has failed to pay the
23 assessment required by Section 10.3 of the Cannabis Control
24 Act or Section 411.2 of the Illinois Controlled Substances
25 Act, in which case the court may extend supervision beyond 2
26 years. Additionally, the court shall order the defendant to
27 perform no less than 30 hours of community service and not
28 more than 120 hours of community service, if community
29 service is available in the jurisdiction and is funded and
30 approved by the county board where the offense was committed,
31 when the offense (1) was related to or in furtherance of the
32 criminal activities of an organized gang or was motivated by
33 the defendant's membership in or allegiance to an organized
34 gang; or (2) is a violation of any Section of Article 24 of
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1 the Criminal Code of 1961 where a disposition of supervision
2 is not prohibited by Section 5-6-1 of this Code. The
3 community service shall include, but not be limited to, the
4 cleanup and repair of any damage caused by violation of
5 Section 21-1.3 of the Criminal Code of 1961 and similar
6 damages to property located within the municipality or county
7 in which the violation occurred. Where possible and
8 reasonable, the community service should be performed in the
9 offender's neighborhood.
10 For the purposes of this Section, "organized gang" has
11 the meaning ascribed to it in Section 10 of the Illinois
12 Streetgang Terrorism Omnibus Prevention Act.
13 (c) The court may in addition to other reasonable
14 conditions relating to the nature of the offense or the
15 rehabilitation of the defendant as determined for each
16 defendant in the proper discretion of the court require that
17 the person:
18 (1) make a report to and appear in person before or
19 participate with the court or such courts, person, or
20 social service agency as directed by the court in the
21 order of supervision;
22 (2) pay a fine and costs;
23 (3) work or pursue a course of study or vocational
24 training;
25 (4) undergo medical, psychological or psychiatric
26 treatment; or treatment for drug addiction or alcoholism;
27 (5) attend or reside in a facility established for
28 the instruction or residence of defendants on probation;
29 (6) support his dependents;
30 (7) refrain from possessing a firearm or other
31 dangerous weapon;
32 (8) and in addition, if a minor:
33 (i) reside with his parents or in a foster
34 home;
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1 (ii) attend school;
2 (iii) attend a non-residential program for
3 youth;
4 (iv) contribute to his own support at home or
5 in a foster home; and
6 (9) make restitution or reparation in an amount not
7 to exceed actual loss or damage to property and pecuniary
8 loss or make restitution under Section 5-5-6 to a
9 domestic violence shelter. The court shall determine the
10 amount and conditions of payment;
11 (10) perform some reasonable public or community
12 service;
13 (11) comply with the terms and conditions of an
14 order of protection issued by the court pursuant to the
15 Illinois Domestic Violence Act of 1986. If the court has
16 ordered the defendant to make a report and appear in
17 person under paragraph (1) of this subsection, a copy of
18 the order of protection shall be transmitted to the
19 person or agency so designated by the court;
20 (12) reimburse any "local anti-crime program" as
21 defined in Section 7 of the Anti-Crime Advisory Council
22 Act for any reasonable expenses incurred by the program
23 on the offender's case, not to exceed the maximum amount
24 of the fine authorized for the offense for which the
25 defendant was sentenced;
26 (13) contribute a reasonable sum of money, not to
27 exceed the maximum amount of the fine authorized for the
28 offense for which the defendant was sentenced, to a
29 "local anti-crime program", as defined in Section 7 of
30 the Anti-Crime Advisory Council Act;
31 (14) refrain from entering into a designated
32 geographic area except upon such terms as the court finds
33 appropriate. Such terms may include consideration of the
34 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 or the Illinois Controlled Substances Act,
10 unless prescribed by a physician, and submit samples of
11 his or her blood or urine or both for tests to determine
12 the presence of any illicit drug.
13 (d) The court shall defer entering any judgment on the
14 charges until the conclusion of the supervision.
15 (e) At the conclusion of the period of supervision, if
16 the court determines that the defendant has successfully
17 complied with all of the conditions of supervision, the court
18 shall discharge the defendant and enter a judgment dismissing
19 the charges.
20 (f) Discharge and dismissal upon a successful conclusion
21 of a disposition of supervision shall be deemed without
22 adjudication of guilt and shall not be termed a conviction
23 for purposes of disqualification or disabilities imposed by
24 law upon conviction of a crime. Two years after the
25 discharge and dismissal under this Section, unless the
26 disposition of supervision was for a violation of Sections
27 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
28 Vehicle Code or a similar provision of a local ordinance, or
29 for a violation of Sections 12-3.2 or 16A-3 of the Criminal
30 Code of 1961, in which case it shall be 5 years after
31 discharge and dismissal, a person may have his record of
32 arrest sealed or expunged as may be provided by law.
33 However, any defendant placed on supervision before January
34 1, 1980, may move for sealing or expungement of his arrest
SB218 Engrossed -25- LRB9001484RCcb
1 record, as provided by law, at any time after discharge and
2 dismissal under this Section. A person placed on supervision
3 for a sexual offense committed against a minor as defined in
4 subsection (g) of Section 5 of the Criminal Identification
5 Act or for a violation of Section 11-501 of the Illinois
6 Vehicle Code or a similar provision of a local ordinance
7 shall not have his or her record of arrest sealed or
8 expunged.
9 (g) A defendant placed on supervision and who during the
10 period of supervision undergoes mandatory drug or alcohol
11 testing, or both, or is assigned to be placed on an approved
12 electronic monitoring device, may be ordered to pay the costs
13 incidental to such mandatory drug or alcohol testing, or
14 both, and costs incidental to such approved electronic
15 monitoring in accordance with the defendant's ability to pay
16 those costs. The county board with the concurrence of the
17 Chief Judge of the judicial circuit in which the county is
18 located may establish reasonable fees for the cost of
19 maintenance, testing, and incidental expenses related to the
20 mandatory drug or alcohol testing, or both, and all costs
21 incidental to approved electronic monitoring, of all
22 offenders placed on supervision. The concurrence of the
23 Chief Judge shall be in the form of an administrative order.
24 (h) A disposition of supervision is a final order for
25 the purposes of appeal.
26 (i) The court shall impose upon a defendant placed on
27 supervision after January 1, 1992, as a condition of
28 supervision, a fee of $25 for each month of supervision
29 ordered by the court, unless after determining the inability
30 of the person placed on supervision to pay the fee, the court
31 assesses a lesser fee. The court may not impose the fee on a
32 minor who is made a ward of the State under the Juvenile
33 Court Act of 1987 while the minor is in placement. The fee
34 shall be imposed only upon a defendant who is actively
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1 supervised by the probation and court services department.
2 The fee shall be collected by the clerk of the circuit court.
3 The clerk of the circuit court shall pay all monies collected
4 from this fee to the county treasurer for deposit in the
5 probation and court services fund pursuant to Section 15.1 of
6 the Probation and Probation Officers Act.
7 (j) All fines and costs imposed under this Section for
8 any violation of Chapters 3, 4, 6, and 11 of the Illinois
9 Vehicle Code, or a similar provision of a local ordinance,
10 and any violation of the Child Passenger Protection Act, or a
11 similar provision of a local ordinance, shall be collected
12 and disbursed by the circuit clerk as provided under Section
13 27.5 of the Clerks of Courts Act.
14 (k) A defendant at least 17 years of age who is placed
15 on supervision for a misdemeanor in a county of 3,000,000 or
16 more inhabitants and who has not been previously convicted of
17 a misdemeanor or felony may as a condition of his or her
18 supervision be required by the court to attend educational
19 courses designed to prepare the defendant for a high school
20 diploma and to work toward a high school diploma or to work
21 toward passing the high school level Test of General
22 Educational Development (GED) or to work toward completing a
23 vocational training program approved by the court. The
24 defendant placed on supervision must attend a public
25 institution of education to obtain the educational or
26 vocational training required by this subsection (k). The
27 defendant placed on supervision shall be required to pay for
28 the cost of the educational courses or GED test, if a fee is
29 charged for those courses or test. The court shall revoke
30 the supervision of a person who wilfully fails to comply with
31 this subsection (k). The court shall resentence the
32 defendant upon revocation of supervision as provided in
33 Section 5-6-4. This subsection (k) does not apply to a
34 defendant who has a high school diploma or has successfully
SB218 Engrossed -27- LRB9001484RCcb
1 passed the GED test. This subsection (k) does not apply to a
2 defendant who is determined by the court to be
3 developmentally disabled or otherwise mentally incapable of
4 completing the educational or vocational program.
5 (l) The court shall require a defendant placed on
6 supervision for possession of a substance prohibited by the
7 Cannabis Control Act or Illinois Controlled Substances Act
8 after a previous conviction or disposition of supervision for
9 possession of a substance prohibited by the Cannabis Control
10 Act or Illinois Controlled Substances Act or a sentence of
11 probation under Section 10 of the Cannabis Control Act or
12 Section 410 of the Illinois Controlled Substances Act and
13 after a finding by the court that the person is addicted, to
14 undergo treatment at a substance abuse program approved by
15 the court.
16 (Source: P.A. 88-77; 88-510; 88-670, eff. 12-2-94; 88-680,
17 eff. 1-1-95; 89-198, eff. 7-21-95; 89-203, eff. 7-21-95;
18 89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 89-688, eff.
19 6-1-97; revised 1-20-97.)
20 Section 95. No acceleration or delay. Where this Act
21 makes changes in a statute that is represented in this Act by
22 text that is not yet or no longer in effect (for example, a
23 Section represented by multiple versions), the use of that
24 text does not accelerate or delay the taking effect of (i)
25 the changes made by this Act or (ii) provisions derived from
26 any other Public Act.