|
||||
Public Act 093-0970 |
||||
| ||||
| ||||
AN ACT concerning criminal law.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Sexually Violent Persons Commitment Act is | ||||
amended by changing Sections 25 and 30 as follows: | ||||
(725 ILCS 207/25)
| ||||
Sec. 25. Rights of persons subject to petition.
| ||||
(a) Any person who is the subject of a petition filed under
| ||||
Section 15 of this Act shall be served with a copy of the
| ||||
petition in accordance with the Civil Practice Law.
| ||||
(b) The circuit court in which a petition under Section 15 | ||||
of
this Act is filed shall conduct all hearings under this Act. | ||||
The
court shall give the person who is the subject of the | ||||
petition
reasonable notice of the time and place of each such | ||||
hearing. The
court may designate additional persons to receive | ||||
these notices.
| ||||
(c) Except as provided in paragraph (b)(1) of Section 65 | ||||
and Section 70 of
this Act,
at any hearing conducted under this | ||||
Act, the person who is the
subject of the petition has the | ||||
right to :
| ||||
(1) To be present and to be represented by counsel. If | ||||
the person is
indigent, the court shall
appoint counsel.
| ||||
(2) To remain silent.
| ||||
(3) To present and cross-examine witnesses.
| ||||
(4) To have the hearing recorded by a court reporter.
| ||||
(d) The person who is the subject of the petition, the | ||||
person's
attorney, the Attorney General or the State's Attorney | ||||
may request
that a trial under Section 35 of this Act be to a | ||||
jury. A verdict
of a jury under this Act is not valid unless it | ||||
is unanimous.
| ||||
(e) Whenever the person who is the subject of the petition | ||||
is
required to submit to an examination under this Act, he or |
she may
retain experts or professional persons to perform an | ||
examination.
The respondent's chosen evaluator must be | ||
approved by the Sex
Offender Management Board and the | ||
evaluation must be conducted in conformance
with the standards | ||
developed under the Sex Offender Management Board
Act.
If the | ||
person retains a qualified expert or professional person
of his | ||
or her own choice to conduct an examination, the examiner
shall | ||
have reasonable access to the person for the purpose of the
| ||
examination, as well as to the person's past and present | ||
treatment
records and patient health care records. If the | ||
person is
indigent, the court shall, upon the person's request, | ||
appoint a
qualified and available expert or professional person | ||
to perform
an examination. Upon the order of the circuit court, | ||
the county
shall pay, as part of the costs of the action, the | ||
costs of a
court-appointed expert or professional person to | ||
perform an
examination and participate in the trial on behalf | ||
of an indigent
person.
| ||
(Source: P.A. 93-616, eff. 1-1-04; revised 1-10-04.)
| ||
(725 ILCS 207/30)
| ||
Sec. 30. Detention; probable cause hearing; transfer for
| ||
examination.
| ||
(a) Upon the filing of a petition under Section 15 of this | ||
Act,
the court shall review the petition to determine whether | ||
to issue
an order for detention of the person who is the | ||
subject of the
petition. The person shall be detained only if | ||
there is cause to
believe that the person is eligible for | ||
commitment under subsection (f) of
Section
35 of this Act. A | ||
person detained under this Section shall be
held in a facility | ||
approved by the Department. If the person is
serving a sentence | ||
of imprisonment, is in a Department of
Corrections correctional | ||
facility or juvenile correctional
facility or is committed to | ||
institutional care, and the court
orders detention under this | ||
Section, the court shall order that
the person be transferred | ||
to a detention facility approved by the
Department. A detention | ||
order under this Section remains in
effect until the person is |
discharged after a trial under Section
35 of this Act or until | ||
the effective date of a commitment order
under Section 40 of | ||
this Act, whichever is applicable.
| ||
(b) Whenever a petition is filed under Section 15 of this | ||
Act,
the court shall hold a hearing to determine whether there | ||
is
probable cause to believe that the person named in the | ||
petition is
a sexually violent person. If the person named in | ||
the petition is
in custody, the court shall hold the probable | ||
cause hearing within
72 hours after the petition is filed, | ||
excluding Saturdays, Sundays
and legal holidays. The court may | ||
grant a continuance of the probable cause
hearing for no more | ||
than 7 additional days upon the motion of the respondent,
for | ||
good cause. If the person named in the petition has been | ||
released, is
on parole, is on mandatory supervised release, or | ||
otherwise is not in
custody, the court shall hold the probable | ||
cause hearing within a
reasonable time after the filing of the | ||
petition.
At the probable cause hearing, the court shall admit | ||
and consider all
relevant hearsay evidence.
| ||
(c) If the court determines after a hearing that there is
| ||
probable cause to believe that the person named in the petition | ||
is
a sexually violent person, the court shall order that the | ||
person
be taken into custody if he or she is not in custody and | ||
shall
order the person to be transferred within a reasonable | ||
time to an
appropriate facility for an evaluation as to whether | ||
the person is
a sexually violent person.
If the person who is | ||
named in the petition refuses to speak to, communicate
with, or | ||
otherwise fails to cooperate with the examining evaluator from | ||
the
Department of Human Services or the Department of | ||
Corrections, that person may
only introduce evidence and | ||
testimony from any expert or professional person
who is | ||
retained or court-appointed to conduct an examination of the | ||
person
that results from a review of the records and may not | ||
introduce evidence
resulting from an examination of the person.
| ||
Any evaluation conducted under this Section shall be by an | ||
evaluator
approved by the Sex Offender Management Board and | ||
conducted in conformance with
the standards developed under the |
Sex Offender Management Board Act.
Notwithstanding the | ||
provisions of Section 10 of
the
Mental Health and Developmental | ||
Disabilities Confidentiality Act, all
evaluations conducted | ||
pursuant to this Act and all Illinois Department of
Corrections | ||
treatment records shall be admissible at all proceedings held
| ||
pursuant to this Act, including the probable cause hearing and | ||
the trial.
| ||
If the court determines that probable
cause does not exist | ||
to believe that the person is a sexually
violent person, the | ||
court shall dismiss the petition.
| ||
(d) The Department shall promulgate rules that provide the
| ||
qualifications for persons conducting evaluations under | ||
subsection
(c) of this Section.
| ||
(e) If the person named in the petition claims or appears | ||
to be
indigent, the court shall, prior to the probable cause | ||
hearing
under subsection (b) of this Section, appoint
counsel.
| ||
(Source: P.A. 92-415, eff. 8-17-01; 93-616, eff. 1-1-04.)
| ||
Section 10. The Unified Code of Corrections is amended by | ||
changing Sections 5-3-1, 5-3-2, 5-3-4, 5-4-3.1, 5-6-3, and | ||
5-6-3.1 as follows: | ||
(730 ILCS 5/5-3-1) (from Ch. 38, par. 1005-3-1)
| ||
Sec. 5-3-1. Presentence Investigation. A defendant shall | ||
not
be sentenced for a felony before a written presentence | ||
report
of investigation is presented to and considered by the | ||
court.
| ||
However, other than for felony sex offenders being | ||
considered for probation
in cases other than felony sex | ||
offenses as defined in the Sex
Offender Management Board Act , | ||
the court need not order a presentence report
of
investigation | ||
where both parties agree to the imposition of
a specific | ||
sentence, provided there is a finding made for the
record as to | ||
the defendant's history of delinquency or criminality,
| ||
including any previous sentence to a term of probation, | ||
periodic
imprisonment, conditional discharge, or imprisonment.
|
The court may order a presentence investigation of any | ||
defendant.
| ||
(Source: P.A. 93-616, eff. 1-1-04.)
| ||
(730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
| ||
Sec. 5-3-2. Presentence Report.
| ||
(a) In felony cases, the presentence
report shall set | ||
forth:
| ||
(1) the defendant's history of delinquency or | ||
criminality,
physical and mental history and condition, | ||
family situation and
background, economic status, | ||
education, occupation and personal habits;
| ||
(2) information about special resources within the | ||
community
which might be available to assist the | ||
defendant's rehabilitation,
including treatment centers, | ||
residential facilities, vocational
training services, | ||
correctional manpower programs, employment
opportunities, | ||
special educational programs, alcohol and drug
abuse | ||
programming, psychiatric and marriage counseling, and | ||
other
programs and facilities which could aid the | ||
defendant's successful
reintegration into society;
| ||
(3) the effect the offense committed has had upon the | ||
victim or
victims thereof, and any compensatory benefit | ||
that various
sentencing alternatives would confer on such | ||
victim or victims;
| ||
(4) information concerning the defendant's status | ||
since arrest,
including his record if released on his own | ||
recognizance, or the
defendant's achievement record if | ||
released on a conditional
pre-trial supervision program;
| ||
(5) when appropriate, a plan, based upon the personal, | ||
economic
and social adjustment needs of the defendant, | ||
utilizing public and
private community resources as an | ||
alternative to institutional
sentencing;
| ||
(6) any other matters that the investigatory officer | ||
deems
relevant or the court directs to be included; and
| ||
(7) information concerning defendant's eligibility for |
a sentence to a
county impact incarceration program under | ||
Section 5-8-1.2 of this Code.
| ||
(b) The investigation shall include a physical and mental
| ||
examination of the defendant when so ordered by the court. If
| ||
the court determines that such an examination should be made, | ||
it
shall issue an order that the defendant submit to | ||
examination at
such time and place as designated by the court | ||
and that such
examination be conducted by a physician, | ||
psychologist or
psychiatrist designated by the court. Such an | ||
examination may
be conducted in a court clinic if so ordered by | ||
the court. The
cost of such examination shall be paid by the | ||
county in which
the trial is held.
| ||
(b-5) In cases involving felony sex offenses in which the | ||
offender is being considered for probation or any felony | ||
offense that is
sexually motivated as defined in the Sex | ||
Offender Management Board Act in which the offender is being | ||
considered for probation , the
investigation shall include a sex | ||
offender evaluation by an evaluator approved
by the Board and | ||
conducted in conformance with the standards developed under
the | ||
Sex Offender Management Board Act.
| ||
(c) In misdemeanor, business offense or petty offense | ||
cases, except as
specified in subsection (d) of this Section, | ||
when a presentence report has
been ordered by the court, such | ||
presentence report shall contain
information on the | ||
defendant's history of delinquency or criminality and
shall | ||
further contain only those matters listed in any of paragraphs | ||
(1)
through (6) of subsection (a) or in subsection (b) of this | ||
Section as are
specified by the court in its order for the | ||
report.
| ||
(d) In cases under Section 12-15 and Section 12-30 of the | ||
Criminal
Code of 1961, as amended, the presentence report shall | ||
set forth
information about alcohol, drug abuse, psychiatric, | ||
and marriage counseling
or other treatment programs and | ||
facilities, information on the defendant's
history of | ||
delinquency or criminality, and shall contain those additional
| ||
matters listed in any of paragraphs (1) through (6) of |
subsection (a) or in
subsection (b) of this Section as are | ||
specified by the court.
| ||
(e) Nothing in this Section shall cause the defendant to be
| ||
held without bail or to have his bail revoked for the purpose
| ||
of preparing the presentence report or making an examination.
| ||
(Source: P.A. 93-616, eff. 1-1-04.)
| ||
(730 ILCS 5/5-3-4) (from Ch. 38, par. 1005-3-4)
| ||
Sec. 5-3-4. Disclosure of Reports.
| ||
(a) Any report made pursuant to this Article or Section | ||
5-705
of the Juvenile
Court Act of 1987 shall be filed of | ||
record with the court in a sealed envelope.
| ||
(b) Presentence reports shall be open for inspection only | ||
as follows:
| ||
(1) to the sentencing court;
| ||
(2) to the state's attorney and the defendant's | ||
attorney at least 3 days
prior to the imposition of | ||
sentence, unless such 3 day requirement is waived;
| ||
(3) to an appellate court in which the conviction or | ||
sentence is subject
to review;
| ||
(4) to any department, agency or institution to which | ||
the defendant is
committed;
| ||
(5) to any probation department of whom courtesy | ||
probation is requested;
| ||
(6) to any probation department assigned by a court of | ||
lawful
jurisdiction to conduct a presentence report;
| ||
(7) to any other person only as ordered by the court; | ||
and
| ||
(8) to any mental health professional on behalf of the | ||
Illinois
Department
of Corrections or the Department of | ||
Human Services or to a prosecutor who is
evaluating or | ||
investigating a potential or actual petition brought under
| ||
the Sexually Violent Persons Commitment Act relating to a | ||
person who is the
subject of
a
presentence report or the | ||
respondent to a petition brought under the
Sexually Violent | ||
Persons Commitment Act who is the subject of the |
presentence
report sought.
Any records and any information | ||
obtained from those records under this
paragraph (8) may be | ||
used only in sexually violent persons commitment
| ||
proceedings.
| ||
(c) Presentence reports shall be filed of record with the | ||
court within
60
30 days of a verdict or finding of guilty for | ||
any offense involving an
illegal sexual act perpetrated upon a | ||
victim, including but not limited to
offenses for violations of | ||
Article 12 of the Criminal Code of 1961 , or any offense | ||
determined by the court or the probation department to be | ||
sexually motivated, as defined in the Sex Offender Management | ||
Board Act .
| ||
(d) A complaint, information or indictment shall not be | ||
quashed or
dismissed nor shall any person in custody for an | ||
offense be discharged from
custody because of noncompliance | ||
with subsection (c) of this Section.
| ||
(Source: P.A. 92-415, eff. 8-17-01.)
| ||
(730 ILCS 5/5-4-3.1) (from Ch. 38, par. 1005-4-3.1)
| ||
Sec. 5-4-3.1. Sentencing Hearing for Sex Offenses.
| ||
(a) Except for good cause shown by written motion, any | ||
person adjudged
guilty of any offense involving an illegal | ||
sexual act perpetrated upon a
victim, including but not limited | ||
to offenses for violations of Article 12
of the Criminal Code | ||
of 1961, or any offense determined by the court or the | ||
probation department to be sexually motivated, as defined in | ||
the Sex Offender Management Board Act, shall be sentenced | ||
within 65
45 days of a
verdict or finding of guilt for the | ||
offense.
| ||
(b) The court shall set the sentencing date at the time the | ||
verdict or
finding of guilt is entered by the court.
| ||
(c) Any motion for continuance shall be in writing and | ||
supported by
affidavit and in compliance with Section 114-4 of | ||
the Code of Criminal
Procedure of 1963, and the victim shall be | ||
notified of the date and time of
hearing and shall be provided | ||
an opportunity to address the court on the
impact the |
continuance may have on the victim's well-being.
| ||
(d) A complaint, information or indictment shall not be | ||
quashed or
dismissed, nor shall any person in custody for an | ||
offense be discharged
from custody because of non-compliance | ||
with this Section.
| ||
(Source: P.A. 87-900.)
| ||
(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
| ||
(Text of Section from P.A. 93-475)
| ||
Sec. 5-6-3. Conditions of Probation and of Conditional | ||
Discharge.
| ||
(a) The conditions of probation and of conditional | ||
discharge shall be
that the person:
| ||
(1) not violate any criminal statute of any | ||
jurisdiction;
| ||
(2) report to or appear in person before such person or | ||
agency as
directed by the court;
| ||
(3) refrain from possessing a firearm or other | ||
dangerous weapon;
| ||
(4) not leave the State without the consent of the | ||
court or, in
circumstances in which the reason for the | ||
absence is of such an emergency
nature that prior consent | ||
by the court is not possible, without the prior
| ||
notification and approval of the person's probation
| ||
officer. Transfer of a person's probation or conditional | ||
discharge
supervision to another state is subject to | ||
acceptance by the other state
pursuant to the Interstate | ||
Compact for Adult Offender Supervision;
| ||
(5) permit the probation officer to visit
him at his | ||
home or elsewhere
to the extent necessary to discharge his | ||
duties;
| ||
(6) perform no less than 30 hours of community service | ||
and not more than
120 hours of community service, if | ||
community service is available in the
jurisdiction and is | ||
funded and approved by the county board where the offense
| ||
was committed, where the offense was related to or in |
furtherance of the
criminal activities of an organized gang | ||
and was motivated by the offender's
membership in or | ||
allegiance to an organized gang. The community service | ||
shall
include, but not be limited to, the cleanup and | ||
repair of any damage caused by
a violation of Section | ||
21-1.3 of the Criminal Code of 1961 and similar damage
to | ||
property located within the municipality or county in which | ||
the violation
occurred. When possible and reasonable, the | ||
community service should be
performed in the offender's | ||
neighborhood. For purposes of this Section,
"organized | ||
gang" has the meaning ascribed to it in Section 10 of the | ||
Illinois
Streetgang Terrorism Omnibus Prevention Act;
| ||
(7) if he or she is at least 17 years of age and has | ||
been sentenced to
probation or conditional discharge for a | ||
misdemeanor or felony in a county of
3,000,000 or more | ||
inhabitants and has not been previously convicted of a
| ||
misdemeanor or felony, may be required by the sentencing | ||
court to attend
educational courses designed to prepare the | ||
defendant for a high school diploma
and to work toward a | ||
high school diploma or to work toward passing the high
| ||
school level Test of General Educational Development (GED) | ||
or to work toward
completing a vocational training program | ||
approved by the court. The person on
probation or | ||
conditional discharge must attend a public institution of
| ||
education to obtain the educational or vocational training | ||
required by this
clause (7). The court shall revoke the | ||
probation or conditional discharge of a
person who wilfully | ||
fails to comply with this clause (7). The person on
| ||
probation or conditional discharge shall be required to pay | ||
for the cost of the
educational courses or GED test, if a | ||
fee is charged for those courses or
test. The court shall | ||
resentence the offender whose probation or conditional
| ||
discharge has been revoked as provided in Section 5-6-4. | ||
This clause (7) does
not apply to a person who has a high | ||
school diploma or has successfully passed
the GED test. | ||
This clause (7) does not apply to a person who is |
determined by
the court to be developmentally disabled or | ||
otherwise mentally incapable of
completing the educational | ||
or vocational program;
| ||
(8) if convicted of possession of a substance | ||
prohibited
by the Cannabis Control Act or Illinois | ||
Controlled Substances Act
after a previous conviction or | ||
disposition of supervision for possession of a
substance | ||
prohibited by the Cannabis Control Act or Illinois | ||
Controlled
Substances Act or after a sentence of probation | ||
under Section 10 of the
Cannabis
Control Act or Section 410 | ||
of the Illinois Controlled Substances Act and upon a
| ||
finding by the court that the person is addicted, undergo | ||
treatment at a
substance abuse program approved by the | ||
court; and
| ||
(8.5) if convicted of a felony sex offense as defined | ||
in the Sex
Offender
Management Board Act, the person shall | ||
undergo and successfully complete sex
offender treatment | ||
by a treatment provider approved by the Board and conducted
| ||
in conformance with the standards developed under the Sex
| ||
Offender Management Board Act; and
| ||
(9) if convicted of a felony, physically surrender at a | ||
time and place
designated by the court, his or her Firearm
| ||
Owner's Identification Card and
any and all firearms in
his | ||
or her possession.
| ||
(b) The Court may in addition to other reasonable | ||
conditions relating to the
nature of the offense or the | ||
rehabilitation of the defendant as determined for
each | ||
defendant in the proper discretion of the Court require that | ||
the person:
| ||
(1) serve a term of periodic imprisonment under Article | ||
7 for a
period not to exceed that specified in paragraph | ||
(d) of Section 5-7-1;
| ||
(2) pay a fine and costs;
| ||
(3) work or pursue a course of study or vocational | ||
training;
| ||
(4) undergo medical, psychological or psychiatric |
treatment; or treatment
for drug addiction or alcoholism;
| ||
(5) attend or reside in a facility established for the | ||
instruction
or residence of defendants on probation;
| ||
(6) support his dependents;
| ||
(7) and in addition, if a minor:
| ||
(i) reside with his parents or in a foster home;
| ||
(ii) attend school;
| ||
(iii) attend a non-residential program for youth;
| ||
(iv) contribute to his own support at home or in a | ||
foster home;
| ||
(v) with the consent of the superintendent of the
| ||
facility, attend an educational program at a facility | ||
other than the school
in which the
offense was | ||
committed if he
or she is convicted of a crime of | ||
violence as
defined in
Section 2 of the Crime Victims | ||
Compensation Act committed in a school, on the
real
| ||
property
comprising a school, or within 1,000 feet of | ||
the real property comprising a
school;
| ||
(8) make restitution as provided in Section 5-5-6 of | ||
this Code;
| ||
(9) perform some reasonable public or community | ||
service;
| ||
(10) serve a term of home confinement. In addition to | ||
any other
applicable condition of probation or conditional | ||
discharge, the
conditions of home confinement shall be that | ||
the offender:
| ||
(i) remain within the interior premises of the | ||
place designated for
his confinement during the hours | ||
designated by the court;
| ||
(ii) admit any person or agent designated by the | ||
court into the
offender's place of confinement at any | ||
time for purposes of verifying
the offender's | ||
compliance with the conditions of his confinement; and
| ||
(iii) if further deemed necessary by the court or | ||
the
Probation or
Court Services Department, be placed | ||
on an approved
electronic monitoring device, subject |
to Article 8A of Chapter V;
| ||
(iv) for persons convicted of any alcohol, | ||
cannabis or controlled
substance violation who are | ||
placed on an approved monitoring device as a
condition | ||
of probation or conditional discharge, the court shall | ||
impose a
reasonable fee for each day of the use of the | ||
device, as established by the
county board in | ||
subsection (g) of this Section, unless after | ||
determining the
inability of the offender to pay the | ||
fee, the court assesses a lesser fee or no
fee as the | ||
case may be. This fee shall be imposed in addition to | ||
the fees
imposed under subsections (g) and (i) of this | ||
Section. The fee shall be
collected by the clerk of the | ||
circuit court. The clerk of the circuit
court shall pay | ||
all monies collected from this fee to the county | ||
treasurer
for deposit in the substance abuse services | ||
fund under Section 5-1086.1 of
the Counties Code; and
| ||
(v) for persons convicted of offenses other than | ||
those referenced in
clause (iv) above and who are | ||
placed on an approved monitoring device as a
condition | ||
of probation or conditional discharge, the court shall | ||
impose
a reasonable fee for each day of the use of the | ||
device, as established by the
county board in | ||
subsection (g) of this Section, unless after | ||
determining the
inability of the defendant to pay the | ||
fee, the court assesses a lesser fee or
no fee as the | ||
case may be. This fee shall be imposed in addition to | ||
the fees
imposed under subsections (g) and (i) of this | ||
Section. The fee
shall be collected by the clerk of the | ||
circuit court. The clerk of the circuit
court shall pay | ||
all monies collected from this fee
to the county | ||
treasurer who shall use the monies collected to defray | ||
the
costs of corrections. The county treasurer shall | ||
deposit the fee
collected in the county working cash | ||
fund under Section 6-27001 or Section
6-29002 of the | ||
Counties Code, as the case may be.
|
(11) comply with the terms and conditions of an order | ||
of protection issued
by the court pursuant to the Illinois | ||
Domestic Violence Act of 1986,
as now or hereafter amended, | ||
or an order of protection issued by the court of
another | ||
state, tribe, or United States territory. A copy of the | ||
order of
protection shall be
transmitted to the probation | ||
officer or agency
having responsibility for the case;
| ||
(12) reimburse any "local anti-crime program" as | ||
defined in Section 7
of the Anti-Crime Advisory Council Act | ||
for any reasonable expenses incurred
by the program on the | ||
offender's case, not to exceed the maximum amount of
the | ||
fine authorized for the offense for which the defendant was | ||
sentenced;
| ||
(13) contribute a reasonable sum of money, not to | ||
exceed the maximum
amount of the fine authorized for the
| ||
offense for which the defendant was sentenced, to a "local | ||
anti-crime
program", as defined in Section 7 of the | ||
Anti-Crime Advisory Council Act;
| ||
(14) refrain from entering into a designated | ||
geographic area except upon
such terms as the court finds | ||
appropriate. Such terms may include
consideration of the | ||
purpose of the entry, the time of day, other persons
| ||
accompanying the defendant, and advance approval by a
| ||
probation officer, if
the defendant has been placed on | ||
probation or advance approval by the
court, if the | ||
defendant was placed on conditional discharge;
| ||
(15) refrain from having any contact, directly or | ||
indirectly, with
certain specified persons or particular | ||
types of persons, including but not
limited to members of | ||
street gangs and drug users or dealers;
| ||
(16) refrain from having in his or her body the | ||
presence of any illicit
drug prohibited by the Cannabis | ||
Control Act or the Illinois Controlled
Substances Act, | ||
unless prescribed by a physician, and submit samples of
his | ||
or her blood or urine or both for tests to determine the | ||
presence of any
illicit drug.
|
(c) The court may as a condition of probation or of | ||
conditional
discharge require that a person under 18 years of | ||
age found guilty of any
alcohol, cannabis or controlled | ||
substance violation, refrain from acquiring
a driver's license | ||
during
the period of probation or conditional discharge. If | ||
such person
is in possession of a permit or license, the court | ||
may require that
the minor refrain from driving or operating | ||
any motor vehicle during the
period of probation or conditional | ||
discharge, except as may be necessary in
the course of the | ||
minor's lawful employment.
| ||
(d) An offender sentenced to probation or to conditional | ||
discharge
shall be given a certificate setting forth the | ||
conditions thereof.
| ||
(e) Except where the offender has committed a fourth or | ||
subsequent
violation of subsection (c) of Section 6-303 of the | ||
Illinois Vehicle Code,
the court shall not require as a | ||
condition of the sentence of
probation or conditional discharge | ||
that the offender be committed to a
period of imprisonment in | ||
excess of 6 months.
This 6 month limit shall not include | ||
periods of confinement given pursuant to
a sentence of county | ||
impact incarceration under Section 5-8-1.2.
This 6 month limit | ||
does not apply to a person sentenced to probation as a
result | ||
of a conviction of a fourth or subsequent violation of | ||
subsection (c-4)
of Section 11-501 of the Illinois Vehicle Code | ||
or a similar provision of a
local ordinance.
| ||
Persons committed to imprisonment as a condition of | ||
probation or
conditional discharge shall not be committed to | ||
the Department of
Corrections.
| ||
(f) The court may combine a sentence of periodic | ||
imprisonment under
Article 7 or a sentence to a county impact | ||
incarceration program under
Article 8 with a sentence of | ||
probation or conditional discharge.
| ||
(g) An offender sentenced to probation or to conditional | ||
discharge and
who during the term of either undergoes mandatory | ||
drug or alcohol testing,
or both, or is assigned to be placed | ||
on an approved electronic monitoring
device, shall be ordered |
to pay all costs incidental to such mandatory drug
or alcohol | ||
testing, or both, and all costs
incidental to such approved | ||
electronic monitoring in accordance with the
defendant's | ||
ability to pay those costs. The county board with
the | ||
concurrence of the Chief Judge of the judicial
circuit in which | ||
the county is located shall establish reasonable fees for
the | ||
cost of maintenance, testing, and incidental expenses related | ||
to the
mandatory drug or alcohol testing, or both, and all | ||
costs incidental to
approved electronic monitoring, involved | ||
in a successful probation program
for the county. The | ||
concurrence of the Chief Judge shall be in the form of
an | ||
administrative order.
The fees shall be collected by the clerk | ||
of the circuit court. The clerk of
the circuit court shall pay | ||
all moneys collected from these fees to the county
treasurer | ||
who shall use the moneys collected to defray the costs of
drug | ||
testing, alcohol testing, and electronic monitoring.
The | ||
county treasurer shall deposit the fees collected in the
county | ||
working cash fund under Section 6-27001 or Section 6-29002 of | ||
the
Counties Code, as the case may be.
| ||
(h) Jurisdiction over an offender may be transferred from | ||
the
sentencing court to the court of another circuit with the | ||
concurrence of
both courts. Further transfers or retransfers of
| ||
jurisdiction are also
authorized in the same manner. The court | ||
to which jurisdiction has been
transferred shall have the same | ||
powers as the sentencing court.
| ||
(i) The court shall impose upon an offender
sentenced to | ||
probation after January 1, 1989 or to conditional discharge
| ||
after January 1, 1992 or to community service under the | ||
supervision of a
probation or court services department after | ||
January 1, 2004, as a condition
of such probation or | ||
conditional
discharge
or supervised community service, a fee of | ||
$50 for each month of probation or
conditional
discharge | ||
supervision or supervised community service ordered by the | ||
court,
unless after
determining the inability of the person | ||
sentenced to probation or conditional
discharge or supervised | ||
community service to pay the
fee, the court assesses a lesser |
fee. The court may not impose the fee on a
minor who is made a | ||
ward of the State under the Juvenile Court Act of 1987
while | ||
the minor is in placement.
The fee shall be imposed only upon
| ||
an offender who is actively supervised by the
probation and | ||
court services
department. The fee shall be collected by the | ||
clerk
of the circuit court. The clerk of the circuit court | ||
shall pay all monies
collected from this fee to the county | ||
treasurer for deposit in the
probation and court services fund | ||
under Section 15.1 of the
Probation and Probation Officers Act.
| ||
A circuit court may not impose a probation fee under this | ||
subsection (i) in excess of $25
per month unless: (1) the | ||
circuit court has adopted, by administrative
order issued by | ||
the chief judge, a standard probation fee guide
determining an | ||
offender's ability to pay, under guidelines developed by
the | ||
Administrative
Office of the Illinois Courts; and (2) the | ||
circuit court has authorized, by
administrative order issued by | ||
the chief judge, the creation of a Crime
Victim's Services | ||
Fund, to be administered by the Chief Judge or his or
her | ||
designee, for services to crime victims and their families. Of | ||
the
amount collected as a probation fee, up to
not to exceed $5 | ||
of that fee
collected per month may be used to provide services | ||
to crime victims
and their families. | ||
This amendatory Act of the 93rd General Assembly deletes | ||
the $10 increase in the fee under this subsection that was | ||
imposed by Public Act 93-616. This deletion is intended to | ||
control over any other Act of the 93rd General Assembly that | ||
retains or incorporates that fee increase.
| ||
(i-5) In addition to the fees imposed under subsection (i) | ||
of this Section, in the case of an offender convicted of a | ||
felony sex offense (as defined in the Sex Offender Management | ||
Board Act) or an offense that the court or probation department | ||
has determined to be sexually motivated (as defined in the Sex | ||
Offender Management Board Act), the court or the probation | ||
department shall assess additional fees to pay for all costs of | ||
treatment, assessment, evaluation for risk and treatment, and | ||
monitoring the offender, based on that offender's ability to |
pay those costs either as they occur or under a payment plan.
| ||
(j) All fines and costs imposed under this Section for any | ||
violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||
Code, or a similar
provision of a local ordinance, and any | ||
violation of the Child Passenger
Protection Act, or a similar | ||
provision of a local ordinance, shall be
collected and | ||
disbursed by the circuit clerk as provided under Section 27.5
| ||
of the Clerks of Courts Act.
| ||
(k) Any offender who is sentenced to probation or | ||
conditional discharge for a felony sex offense as defined in | ||
the Sex Offender Management Board Act or any offense that the | ||
court or probation department has determined to be sexually | ||
motivated as defined in the Sex Offender Management Board Act | ||
shall be required to refrain from any contact, directly or | ||
indirectly, with any persons specified by the court and shall | ||
be available for all evaluations and treatment programs | ||
required by the court or the probation department.
| ||
(Source: P.A. 92-282, eff. 8-7-01; 92-340, eff. 8-10-01; | ||
92-418, eff.
8-17-01;
92-442, eff. 8-17-01; 92-571, eff. | ||
6-26-02; 92-651, eff. 7-11-02; 93-475, eff.
8-8-03.)
| ||
(Text of Section from P.A. 93-616) | ||
Sec. 5-6-3. Conditions of Probation and of Conditional | ||
Discharge.
| ||
(a) The conditions of probation and of conditional | ||
discharge shall be
that the person:
| ||
(1) not violate any criminal statute of any | ||
jurisdiction;
| ||
(2) report to or appear in person before such person or | ||
agency as
directed by the court;
| ||
(3) refrain from possessing a firearm or other | ||
dangerous weapon;
| ||
(4) not leave the State without the consent of the | ||
court or, in
circumstances in which the reason for the | ||
absence is of such an emergency
nature that prior consent | ||
by the court is not possible, without the prior
|
notification and approval of the person's probation
| ||
officer. Transfer of a person's probation or conditional | ||
discharge
supervision to another state is subject to | ||
acceptance by the other state
pursuant to the Interstate | ||
Compact for Adult Offender Supervision;
| ||
(5) permit the probation officer to visit
him at his | ||
home or elsewhere
to the extent necessary to discharge his | ||
duties;
| ||
(6) perform no less than 30 hours of community service | ||
and not more than
120 hours of community service, if | ||
community service is available in the
jurisdiction and is | ||
funded and approved by the county board where the offense
| ||
was committed, where the offense was related to or in | ||
furtherance of the
criminal activities of an organized gang | ||
and was motivated by the offender's
membership in or | ||
allegiance to an organized gang. The community service | ||
shall
include, but not be limited to, the cleanup and | ||
repair of any damage caused by
a violation of Section | ||
21-1.3 of the Criminal Code of 1961 and similar damage
to | ||
property located within the municipality or county in which | ||
the violation
occurred. When possible and reasonable, the | ||
community service should be
performed in the offender's | ||
neighborhood. For purposes of this Section,
"organized | ||
gang" has the meaning ascribed to it in Section 10 of the | ||
Illinois
Streetgang Terrorism Omnibus Prevention Act;
| ||
(7) if he or she is at least 17 years of age and has | ||
been sentenced to
probation or conditional discharge for a | ||
misdemeanor or felony in a county of
3,000,000 or more | ||
inhabitants and has not been previously convicted of a
| ||
misdemeanor or felony, may be required by the sentencing | ||
court to attend
educational courses designed to prepare the | ||
defendant for a high school diploma
and to work toward a | ||
high school diploma or to work toward passing the high
| ||
school level Test of General Educational Development (GED) | ||
or to work toward
completing a vocational training program | ||
approved by the court. The person on
probation or |
conditional discharge must attend a public institution of
| ||
education to obtain the educational or vocational training | ||
required by this
clause (7). The court shall revoke the | ||
probation or conditional discharge of a
person who wilfully | ||
fails to comply with this clause (7). The person on
| ||
probation or conditional discharge shall be required to pay | ||
for the cost of the
educational courses or GED test, if a | ||
fee is charged for those courses or
test. The court shall | ||
resentence the offender whose probation or conditional
| ||
discharge has been revoked as provided in Section 5-6-4. | ||
This clause (7) does
not apply to a person who has a high | ||
school diploma or has successfully passed
the GED test. | ||
This clause (7) does not apply to a person who is | ||
determined by
the court to be developmentally disabled or | ||
otherwise mentally incapable of
completing the educational | ||
or vocational program;
| ||
(8) if convicted of possession of a substance | ||
prohibited
by the Cannabis Control Act or Illinois | ||
Controlled Substances Act
after a previous conviction or | ||
disposition of supervision for possession of a
substance | ||
prohibited by the Cannabis Control Act or Illinois | ||
Controlled
Substances Act or after a sentence of probation | ||
under Section 10 of the
Cannabis
Control Act or Section 410 | ||
of the Illinois Controlled Substances Act and upon a
| ||
finding by the court that the person is addicted, undergo | ||
treatment at a
substance abuse program approved by the | ||
court;
| ||
(8.5) if convicted of a felony sex offense as defined | ||
in the Sex
Offender
Management Board Act, the person shall | ||
undergo and successfully complete sex
offender treatment | ||
by a treatment provider approved by the Board and conducted
| ||
in conformance with the standards developed under the Sex
| ||
Offender Management Board Act; and
| ||
(9) if convicted of a felony, physically surrender at a | ||
time and place
designated by the court, his or her Firearm
| ||
Owner's Identification Card and
any and all firearms in
his |
or her possession.
| ||
(b) The Court may in addition to other reasonable | ||
conditions relating to the
nature of the offense or the | ||
rehabilitation of the defendant as determined for
each | ||
defendant in the proper discretion of the Court require that | ||
the person:
| ||
(1) serve a term of periodic imprisonment under Article | ||
7 for a
period not to exceed that specified in paragraph | ||
(d) of Section 5-7-1;
| ||
(2) pay a fine and costs;
| ||
(3) work or pursue a course of study or vocational | ||
training;
| ||
(4) undergo medical, psychological or psychiatric | ||
treatment; or treatment
for drug addiction or alcoholism;
| ||
(5) attend or reside in a facility established for the | ||
instruction
or residence of defendants on probation;
| ||
(6) support his dependents;
| ||
(7) and in addition, if a minor:
| ||
(i) reside with his parents or in a foster home;
| ||
(ii) attend school;
| ||
(iii) attend a non-residential program for youth;
| ||
(iv) contribute to his own support at home or in a | ||
foster home;
| ||
(v) with the consent of the superintendent of the
| ||
facility, attend an educational program at a facility | ||
other than the school
in which the
offense was | ||
committed if he
or she is convicted of a crime of | ||
violence as
defined in
Section 2 of the Crime Victims | ||
Compensation Act committed in a school, on the
real
| ||
property
comprising a school, or within 1,000 feet of | ||
the real property comprising a
school;
| ||
(8) make restitution as provided in Section 5-5-6 of | ||
this Code;
| ||
(9) perform some reasonable public or community | ||
service;
| ||
(10) serve a term of home confinement. In addition to |
any other
applicable condition of probation or conditional | ||
discharge, the
conditions of home confinement shall be that | ||
the offender:
| ||
(i) remain within the interior premises of the | ||
place designated for
his confinement during the hours | ||
designated by the court;
| ||
(ii) admit any person or agent designated by the | ||
court into the
offender's place of confinement at any | ||
time for purposes of verifying
the offender's | ||
compliance with the conditions of his confinement; and
| ||
(iii) if further deemed necessary by the court or | ||
the
Probation or
Court Services Department, be placed | ||
on an approved
electronic monitoring device, subject | ||
to Article 8A of Chapter V;
| ||
(iv) for persons convicted of any alcohol, | ||
cannabis or controlled
substance violation who are | ||
placed on an approved monitoring device as a
condition | ||
of probation or conditional discharge, the court shall | ||
impose a
reasonable fee for each day of the use of the | ||
device, as established by the
county board in | ||
subsection (g) of this Section, unless after | ||
determining the
inability of the offender to pay the | ||
fee, the court assesses a lesser fee or no
fee as the | ||
case may be. This fee shall be imposed in addition to | ||
the fees
imposed under subsections (g) and (i) of this | ||
Section. The fee shall be
collected by the clerk of the | ||
circuit court. The clerk of the circuit
court shall pay | ||
all monies collected from this fee to the county | ||
treasurer
for deposit in the substance abuse services | ||
fund under Section 5-1086.1 of
the Counties Code; and
| ||
(v) for persons convicted of offenses other than | ||
those referenced in
clause (iv) above and who are | ||
placed on an approved monitoring device as a
condition | ||
of probation or conditional discharge, the court shall | ||
impose
a reasonable fee for each day of the use of the | ||
device, as established by the
county board in |
subsection (g) of this Section, unless after | ||
determining the
inability of the defendant to pay the | ||
fee, the court assesses a lesser fee or
no fee as the | ||
case may be. This fee shall be imposed in addition to | ||
the fees
imposed under subsections (g) and (i) of this | ||
Section. The fee
shall be collected by the clerk of the | ||
circuit court. The clerk of the circuit
court shall pay | ||
all monies collected from this fee
to the county | ||
treasurer who shall use the monies collected to defray | ||
the
costs of corrections. The county treasurer shall | ||
deposit the fee
collected in the county working cash | ||
fund under Section 6-27001 or Section
6-29002 of the | ||
Counties Code, as the case may be.
| ||
(11) comply with the terms and conditions of an order | ||
of protection issued
by the court pursuant to the Illinois | ||
Domestic Violence Act of 1986,
as now or hereafter amended, | ||
or an order of protection issued by the court of
another | ||
state, tribe, or United States territory. A copy of the | ||
order of
protection shall be
transmitted to the probation | ||
officer or agency
having responsibility for the case;
| ||
(12) reimburse any "local anti-crime program" as | ||
defined in Section 7
of the Anti-Crime Advisory Council Act | ||
for any reasonable expenses incurred
by the program on the | ||
offender's case, not to exceed the maximum amount of
the | ||
fine authorized for the offense for which the defendant was | ||
sentenced;
| ||
(13) contribute a reasonable sum of money, not to | ||
exceed the maximum
amount of the fine authorized for the
| ||
offense for which the defendant was sentenced, to a "local | ||
anti-crime
program", as defined in Section 7 of the | ||
Anti-Crime Advisory Council Act;
| ||
(14) refrain from entering into a designated | ||
geographic area except upon
such terms as the court finds | ||
appropriate. Such terms may include
consideration of the | ||
purpose of the entry, the time of day, other persons
| ||
accompanying the defendant, and advance approval by a
|
probation officer, if
the defendant has been placed on | ||
probation or advance approval by the
court, if the | ||
defendant was placed on conditional discharge;
| ||
(15) refrain from having any contact, directly or | ||
indirectly, with
certain specified persons or particular | ||
types of persons, including but not
limited to members of | ||
street gangs and drug users or dealers;
| ||
(16) refrain from having in his or her body the | ||
presence of any illicit
drug prohibited by the Cannabis | ||
Control Act or the Illinois Controlled
Substances Act, | ||
unless prescribed by a physician, and submit samples of
his | ||
or her blood or urine or both for tests to determine the | ||
presence of any
illicit drug.
| ||
(c) The court may as a condition of probation or of | ||
conditional
discharge require that a person under 18 years of | ||
age found guilty of any
alcohol, cannabis or controlled | ||
substance violation, refrain from acquiring
a driver's license | ||
during
the period of probation or conditional discharge. If | ||
such person
is in possession of a permit or license, the court | ||
may require that
the minor refrain from driving or operating | ||
any motor vehicle during the
period of probation or conditional | ||
discharge, except as may be necessary in
the course of the | ||
minor's lawful employment.
| ||
(d) An offender sentenced to probation or to conditional | ||
discharge
shall be given a certificate setting forth the | ||
conditions thereof.
| ||
(e) Except where the offender has committed a fourth or | ||
subsequent
violation of subsection (c) of Section 6-303 of the | ||
Illinois Vehicle Code,
the court shall not require as a | ||
condition of the sentence of
probation or conditional discharge | ||
that the offender be committed to a
period of imprisonment in | ||
excess of 6 months.
This 6 month limit shall not include | ||
periods of confinement given pursuant to
a sentence of county | ||
impact incarceration under Section 5-8-1.2.
This 6 month limit | ||
does not apply to a person sentenced to probation as a
result | ||
of a conviction of a fourth or subsequent violation of |
subsection (c-4)
of Section 11-501 of the Illinois Vehicle Code | ||
or a similar provision of a
local ordinance.
| ||
Persons committed to imprisonment as a condition of | ||
probation or
conditional discharge shall not be committed to | ||
the Department of
Corrections.
| ||
(f) The court may combine a sentence of periodic | ||
imprisonment under
Article 7 or a sentence to a county impact | ||
incarceration program under
Article 8 with a sentence of | ||
probation or conditional discharge.
| ||
(g) An offender sentenced to probation or to conditional | ||
discharge and
who during the term of either undergoes mandatory | ||
drug or alcohol testing,
or both, or is assigned to be placed | ||
on an approved electronic monitoring
device, shall be ordered | ||
to pay all costs incidental to such mandatory drug
or alcohol | ||
testing, or both, and all costs
incidental to such approved | ||
electronic monitoring in accordance with the
defendant's | ||
ability to pay those costs. The county board with
the | ||
concurrence of the Chief Judge of the judicial
circuit in which | ||
the county is located shall establish reasonable fees for
the | ||
cost of maintenance, testing, and incidental expenses related | ||
to the
mandatory drug or alcohol testing, or both, and all | ||
costs incidental to
approved electronic monitoring, involved | ||
in a successful probation program
for the county. The | ||
concurrence of the Chief Judge shall be in the form of
an | ||
administrative order.
The fees shall be collected by the clerk | ||
of the circuit court. The clerk of
the circuit court shall pay | ||
all moneys collected from these fees to the county
treasurer | ||
who shall use the moneys collected to defray the costs of
drug | ||
testing, alcohol testing, and electronic monitoring.
The | ||
county treasurer shall deposit the fees collected in the
county | ||
working cash fund under Section 6-27001 or Section 6-29002 of | ||
the
Counties Code, as the case may be.
| ||
(h) Jurisdiction over an offender may be transferred from | ||
the
sentencing court to the court of another circuit with the | ||
concurrence of
both courts. Further transfers or retransfers of
| ||
jurisdiction are also
authorized in the same manner. The court |
to which jurisdiction has been
transferred shall have the same | ||
powers as the sentencing court.
| ||
(i) The court shall impose upon an offender
sentenced to | ||
probation after January 1, 1989 or to conditional discharge
| ||
after January 1, 1992 or to community service under the | ||
supervision of a
probation or court services department after | ||
January 1, 2004 , as a condition of such probation or | ||
conditional
discharge or supervised community service , a fee of | ||
$50
$35
for each month of probation or
conditional
discharge | ||
supervision or supervised community service ordered by the | ||
court, unless after
determining the inability of the person | ||
sentenced to probation or conditional
discharge or supervised | ||
community service to pay the
fee, the court assesses a lesser | ||
fee. The court may not impose the fee on a
minor who is made a | ||
ward of the State under the Juvenile Court Act of 1987
while | ||
the minor is in placement.
The fee shall be imposed only upon
| ||
an offender who is actively supervised by the
probation and | ||
court services
department. The fee shall be collected by the | ||
clerk
of the circuit court. The clerk of the circuit court | ||
shall pay all monies
deposit the first
$25
collected from this | ||
fee to the county treasurer for deposit in the
probation and | ||
court services fund under Section 15.1 of the
Probation and | ||
Probation Officers Act.
| ||
A circuit court may not impose a probation fee under this | ||
subsection (i) in excess of $25
per month unless: (1) the | ||
circuit court has adopted, by administrative
order issued by | ||
the chief judge, a standard probation fee guide
determining an | ||
offender's ability to pay, under guidelines developed by
the | ||
Administrative
Office of the Illinois Courts; and (2) the | ||
circuit court has authorized, by
administrative order issued by | ||
the chief judge, the creation of a Crime
Victim's Services | ||
Fund, to be administered by the Chief Judge or his or
her | ||
designee, for services to crime victims and their families. Of | ||
the
amount collected as a probation fee, up to $5 of that fee
| ||
collected per month may be used to provide services to crime | ||
victims
and their families.
|
This amendatory Act of the 93rd General Assembly deletes | ||
the $10 increase in the fee under this subsection that was | ||
imposed by Public Act 93-616. This deletion is intended to | ||
control over any other Act of the 93rd General Assembly that | ||
retains or incorporates that fee increase.
The clerk of the | ||
court shall deposit $10 collected from this fee into the Sex
| ||
Offender Management Board Fund under Section 19 of the Sex | ||
Offender Management
Board Act. Money deposited into the Sex | ||
Offender Management Board Fund shall
be administered by the Sex | ||
Offender Management Board and be used to fund
practices | ||
endorsed or required under the Sex Offender Management Board | ||
Act,
including but not limited to sex offender evaluation, | ||
treatment, and
monitoring programs that are or may be developed | ||
by the agency providing
supervision, the Department of | ||
Corrections or the Department of Human
Services. This Fund | ||
shall also be used for administrative costs, including
staff, | ||
incurred by the Board. | ||
(i-5) In addition to the fees imposed under subsection (i) | ||
of this Section, in the case of an offender convicted of a | ||
felony sex offense (as defined in the Sex Offender Management | ||
Board Act) or an offense that the court or probation department | ||
has determined to be sexually motivated (as defined in the Sex | ||
Offender Management Board Act), the court or the probation | ||
department shall assess additional fees to pay for all costs of | ||
treatment, assessment, evaluation for risk and treatment, and | ||
monitoring the offender, based on that offender's ability to | ||
pay those costs either as they occur or under a payment plan. | ||
(j) All fines and costs imposed under this Section for any | ||
violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||
Code, or a similar
provision of a local ordinance, and any | ||
violation of the Child Passenger
Protection Act, or a similar | ||
provision of a local ordinance, shall be
collected and | ||
disbursed by the circuit clerk as provided under Section 27.5
| ||
of the Clerks of Courts Act.
| ||
(k) Any offender who is sentenced to probation or | ||
conditional discharge for a felony sex offense as defined in |
the Sex Offender Management Board Act or any offense that the | ||
court or probation department has determined to be sexually | ||
motivated as defined in the Sex Offender Management Board Act | ||
shall be required to refrain from any contact, directly or | ||
indirectly, with any persons specified by the court and shall | ||
be available for all evaluations and treatment programs | ||
required by the court or the probation department.
| ||
(Source: P.A. 92-282, eff. 8-7-01; 92-340, eff. 8-10-01; | ||
92-418, eff. 8-17-01; 92-442, eff. 8-17-01; 92-571, eff. | ||
6-26-02; 92-651, eff. 7-11-02; 93-616, eff. 1-1-04.)
| ||
(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
| ||
Sec. 5-6-3.1. Incidents and Conditions of Supervision.
| ||
(a) When a defendant is placed on supervision, the court | ||
shall enter
an order for supervision specifying the period of | ||
such supervision, and
shall defer further proceedings in the | ||
case until the conclusion of the
period.
| ||
(b) The period of supervision shall be reasonable under all | ||
of the
circumstances of the case, but may not be longer than 2 | ||
years, unless the
defendant has failed to pay the assessment | ||
required by Section 10.3 of the
Cannabis Control Act or Section | ||
411.2 of the Illinois Controlled
Substances Act, in which case | ||
the court may extend supervision beyond 2 years.
Additionally, | ||
the court shall order the defendant to perform no less than 30
| ||
hours of community service and not more than 120 hours of | ||
community service, if
community service is available in the
| ||
jurisdiction and is funded and approved by the county board | ||
where the offense
was committed,
when the offense (1) was
| ||
related to or in furtherance of the criminal activities of an | ||
organized gang or
was motivated by the defendant's membership | ||
in or allegiance to an organized
gang; or (2) is a violation of | ||
any Section of Article 24 of the Criminal
Code of 1961 where a | ||
disposition of supervision is not prohibited by Section
5-6-1 | ||
of this Code.
The
community service shall include, but not be | ||
limited to, the cleanup and repair
of any damage caused by | ||
violation of Section 21-1.3 of the Criminal Code of
1961 and |
similar damages to property located within the municipality or | ||
county
in which the violation occurred. Where possible and | ||
reasonable, the community
service should be performed in the | ||
offender's neighborhood.
| ||
For the purposes of this
Section, "organized gang" has the | ||
meaning ascribed to it in Section 10 of the
Illinois Streetgang | ||
Terrorism Omnibus Prevention Act.
| ||
(c) The court may in addition to other reasonable | ||
conditions
relating to the nature of the offense or the | ||
rehabilitation of the
defendant as determined for each | ||
defendant in the proper discretion of
the court require that | ||
the person:
| ||
(1) make a report to and appear in person before or | ||
participate with
the court or such courts, person, or | ||
social service agency as directed
by the court in the order | ||
of supervision;
| ||
(2) pay a fine and costs;
| ||
(3) work or pursue a course of study or vocational | ||
training;
| ||
(4) undergo medical, psychological or psychiatric | ||
treatment; or
treatment for drug addiction or alcoholism;
| ||
(5) attend or reside in a facility established for the | ||
instruction
or residence of defendants on probation;
| ||
(6) support his dependents;
| ||
(7) refrain from possessing a firearm or other | ||
dangerous weapon;
| ||
(8) and in addition, if a minor:
| ||
(i) reside with his parents or in a foster home;
| ||
(ii) attend school;
| ||
(iii) attend a non-residential program for youth;
| ||
(iv) contribute to his own support at home or in a | ||
foster home; or
| ||
(v) with the consent of the superintendent of the
| ||
facility, attend an educational program at a facility | ||
other than the school
in which the
offense was | ||
committed if he
or she is placed on supervision for a |
crime of violence as
defined in
Section 2 of the Crime | ||
Victims Compensation Act committed in a school, on the
| ||
real
property
comprising a school, or within 1,000 feet | ||
of the real property comprising a
school;
| ||
(9) make restitution or reparation in an amount not to | ||
exceed actual
loss or damage to property and pecuniary loss | ||
or make restitution under Section
5-5-6 to a domestic | ||
violence shelter. The court shall
determine the amount and | ||
conditions of payment;
| ||
(10) perform some reasonable public or community | ||
service;
| ||
(11) comply with the terms and conditions of an order | ||
of protection
issued by the court pursuant to the Illinois | ||
Domestic Violence Act of 1986 or
an order of protection | ||
issued by the court of another state, tribe, or United
| ||
States territory.
If the court has ordered the defendant to | ||
make a report and appear in
person under paragraph (1) of | ||
this subsection, a copy of the order of
protection shall be | ||
transmitted to the person or agency so designated
by the | ||
court;
| ||
(12) reimburse any "local anti-crime program" as | ||
defined in Section 7 of
the Anti-Crime Advisory Council Act | ||
for any reasonable expenses incurred by the
program on the | ||
offender's case, not to exceed the maximum amount of the
| ||
fine authorized for the offense for which the defendant was | ||
sentenced;
| ||
(13) contribute a reasonable sum of money, not to
| ||
exceed the maximum amount of the fine authorized for the | ||
offense for which
the defendant was sentenced, to a "local | ||
anti-crime program", as defined
in Section 7 of the | ||
Anti-Crime Advisory Council Act;
| ||
(14) refrain from entering into a designated | ||
geographic area except
upon such terms as the court finds | ||
appropriate. Such terms may include
consideration of the | ||
purpose of the entry, the time of day, other persons
| ||
accompanying the defendant, and advance approval by a |
probation officer;
| ||
(15) refrain from having any contact, directly or | ||
indirectly, with
certain specified persons or particular | ||
types of person, including but not
limited to members of | ||
street gangs and drug users or dealers;
| ||
(16) refrain from having in his or her body the | ||
presence of any illicit
drug prohibited by the Cannabis | ||
Control Act or the Illinois Controlled
Substances Act, | ||
unless prescribed by a physician, and submit samples of
his | ||
or her blood or urine or both for tests to determine the | ||
presence of any
illicit drug;
| ||
(17) refrain from operating any motor vehicle not | ||
equipped with an
ignition interlock device as defined in | ||
Section 1-129.1 of the Illinois
Vehicle Code. Under this | ||
condition the court may allow a defendant who is not
| ||
self-employed to operate a vehicle owned by the defendant's | ||
employer that is
not equipped with an ignition interlock | ||
device in the course and scope of the
defendant's | ||
employment.
| ||
(d) The court shall defer entering any judgment on the | ||
charges
until the conclusion of the supervision.
| ||
(e) At the conclusion of the period of supervision, if the | ||
court
determines that the defendant has successfully complied | ||
with all of the
conditions of supervision, the court shall | ||
discharge the defendant and
enter a judgment dismissing the | ||
charges.
| ||
(f) Discharge and dismissal upon a successful conclusion of | ||
a
disposition of supervision shall be deemed without | ||
adjudication of guilt
and shall not be termed a conviction for | ||
purposes of disqualification or
disabilities imposed by law | ||
upon conviction of a crime. Two years after the
discharge and | ||
dismissal under this Section, unless the disposition of
| ||
supervision was for a violation of Sections 3-707, 3-708, | ||
3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | ||
similar
provision of a local ordinance, or for a violation of | ||
Sections 12-3.2
or 16A-3 of the Criminal Code of 1961, in which |
case it shall be 5
years after discharge and dismissal, a | ||
person may have his record
of arrest sealed or expunged as may | ||
be provided by law. However, any
defendant placed on | ||
supervision before January 1, 1980, may move for
sealing or | ||
expungement of his arrest record, as provided by law, at any
| ||
time after discharge and dismissal under this Section.
A person | ||
placed on supervision for a sexual offense committed against a | ||
minor
as defined in subsection (g) of Section 5 of the Criminal | ||
Identification Act
or for a violation of Section 11-501 of the | ||
Illinois Vehicle Code or a
similar provision of a local | ||
ordinance
shall not have his or her record of arrest sealed or | ||
expunged.
| ||
(g) A defendant placed on supervision and who during the | ||
period of
supervision undergoes mandatory drug or alcohol | ||
testing, or both, or is
assigned to be placed on an approved | ||
electronic monitoring device, shall be
ordered to pay the costs | ||
incidental to such mandatory drug or alcohol
testing, or both, | ||
and costs incidental to such approved electronic
monitoring in | ||
accordance with the defendant's ability to pay those costs.
The | ||
county board with the concurrence of the Chief Judge of the | ||
judicial
circuit in which the county is located shall establish | ||
reasonable fees for
the cost of maintenance, testing, and | ||
incidental expenses related to the
mandatory drug or alcohol | ||
testing, or both, and all costs incidental to
approved | ||
electronic monitoring, of all defendants placed on | ||
supervision.
The concurrence of the Chief Judge shall be in the | ||
form of an
administrative order.
The fees shall be collected by | ||
the clerk of the circuit court. The clerk of
the circuit court | ||
shall pay all moneys collected from these fees to the county
| ||
treasurer who shall use the moneys collected to defray the | ||
costs of
drug testing, alcohol testing, and electronic | ||
monitoring.
The county treasurer shall deposit the fees | ||
collected in the
county working cash fund under Section 6-27001 | ||
or Section 6-29002 of the
Counties Code, as the case may be.
| ||
(h) A disposition of supervision is a final order for the | ||
purposes
of appeal.
|
(i) The court shall impose upon a defendant placed on | ||
supervision
after January 1, 1992 or to community service under | ||
the supervision of a
probation or court services department | ||
after January 1, 2004, as a condition
of supervision or | ||
supervised community service, a fee of $50 for
each month of | ||
supervision or supervised community service ordered by the
| ||
court, unless after
determining the inability of the person | ||
placed on supervision or supervised
community service to pay | ||
the
fee, the court assesses a lesser fee. The court may not | ||
impose the fee on a
minor who is made a ward of the State under | ||
the Juvenile Court Act of 1987
while the minor is in placement.
| ||
The fee shall be imposed only upon a
defendant who is actively | ||
supervised by the
probation and court services
department. The | ||
fee shall be collected by the clerk of the circuit court.
The | ||
clerk of the circuit court shall pay all monies collected from | ||
this fee
to the county treasurer for deposit in the probation | ||
and court services
fund pursuant to Section 15.1 of the | ||
Probation and
Probation Officers Act.
| ||
A circuit court may not impose a probation fee in excess of | ||
$25
per month unless: (1) the circuit court has adopted, by | ||
administrative
order issued by the chief judge, a standard | ||
probation fee guide
determining an offender's ability to pay, | ||
under guidelines developed by
the Administrative
Office of the | ||
Illinois Courts; and (2) the circuit court has authorized, by
| ||
administrative order issued by the chief judge, the creation of | ||
a Crime
Victim's Services Fund, to be administered by the Chief | ||
Judge or his or
her designee, for services to crime victims and | ||
their families. Of the
amount collected as a probation fee, not | ||
to exceed $5 of that fee
collected per month may be used to | ||
provide services to crime victims
and their families.
| ||
(j) All fines and costs imposed under this Section for any
| ||
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||
Code, or a
similar provision of a local ordinance, and any | ||
violation of the Child
Passenger Protection Act, or a similar | ||
provision of a local ordinance, shall
be collected and | ||
disbursed by the circuit clerk as provided under Section
27.5 |
of the Clerks of Courts Act.
| ||
(k) A defendant at least 17 years of age who is placed on | ||
supervision
for a misdemeanor in a county of 3,000,000 or more | ||
inhabitants
and who has not been previously convicted of a | ||
misdemeanor or felony
may as a condition of his or her | ||
supervision be required by the court to
attend educational | ||
courses designed to prepare the defendant for a high school
| ||
diploma and to work toward a high school diploma or to work | ||
toward passing the
high school level Test of General | ||
Educational Development (GED) or to work
toward completing a | ||
vocational training program approved by the court. The
| ||
defendant placed on supervision must attend a public | ||
institution of education
to obtain the educational or | ||
vocational training required by this subsection
(k). The | ||
defendant placed on supervision shall be required to pay for | ||
the cost
of the educational courses or GED test, if a fee is | ||
charged for those courses
or test. The court shall revoke the | ||
supervision of a person who wilfully fails
to comply with this | ||
subsection (k). The court shall resentence the defendant
upon | ||
revocation of supervision as provided in Section 5-6-4. This | ||
subsection
(k) does not apply to a defendant who has a high | ||
school diploma or has
successfully passed the GED test. This | ||
subsection (k) does not apply to a
defendant who is determined | ||
by the court to be developmentally disabled or
otherwise | ||
mentally incapable of completing the
educational or vocational | ||
program.
| ||
(l) The court shall require a defendant placed on | ||
supervision for
possession of a substance
prohibited by the | ||
Cannabis Control Act or Illinois Controlled Substances Act
| ||
after a previous conviction or disposition of supervision for | ||
possession of a
substance prohibited by the Cannabis Control | ||
Act or Illinois Controlled
Substances Act or a sentence of | ||
probation under Section 10 of the Cannabis
Control Act or | ||
Section 410 of the Illinois Controlled Substances Act
and after | ||
a finding by the court that the person is addicted, to undergo
| ||
treatment at a substance abuse program approved by the court.
|
(m) The Secretary of State shall require anyone placed on | ||
court supervision
for a
violation of Section 3-707 of the | ||
Illinois Vehicle Code or a similar provision
of a local | ||
ordinance
to give proof of his or her financial
responsibility | ||
as
defined in Section 7-315 of the Illinois Vehicle Code. The | ||
proof shall be
maintained by the individual in a manner | ||
satisfactory to the Secretary of State
for
a
minimum period of | ||
one year after the date the proof is first filed.
The proof | ||
shall be limited to a single action per arrest and may not be
| ||
affected by any post-sentence disposition. The Secretary of | ||
State shall
suspend the driver's license of any person
| ||
determined by the Secretary to be in violation of this | ||
subsection. | ||
(n) Any offender placed on supervision for any offense that | ||
the court or probation department has determined to be sexually | ||
motivated as defined in the Sex Offender Management Board Act | ||
shall be required to refrain from any contact, directly or | ||
indirectly, with any persons specified by the court and shall | ||
be available for all evaluations and treatment programs | ||
required by the court or the probation department.
| ||
(Source: P.A. 92-282, eff. 8-7-01; 92-458, eff. 8-22-01; | ||
92-651, eff.
7-11-02; 93-475, eff. 8-8-03.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|