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Public Act 099-0797 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Criminal Procedure of 1963 is | ||||
amended by changing Section 110-10 as follows:
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(725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
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Sec. 110-10. Conditions of bail bond.
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(a) If a person is released prior to conviction, either | ||||
upon payment of
bail security or on his or her own | ||||
recognizance, the conditions of the bail
bond shall be that he | ||||
or she will:
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(1) Appear to answer the charge in the court having | ||||
jurisdiction on
a day certain and thereafter as ordered by | ||||
the court until discharged or
final order of the court;
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(2) Submit himself or herself to the orders and process | ||||
of the court;
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(3) Not depart this State without leave of the court;
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(4) Not violate any criminal statute of any | ||||
jurisdiction;
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(5) At a time and place designated by the court, | ||||
surrender all firearms
in his or her possession to a law | ||||
enforcement officer designated by the court
to take custody | ||||
of and impound the firearms
and physically
surrender his or |
her Firearm Owner's Identification Card to the clerk of the
| ||
circuit court
when the offense the person has
been charged | ||
with is a forcible felony, stalking, aggravated stalking, | ||
domestic
battery, any violation of the Illinois Controlled | ||
Substances Act, the Methamphetamine Control and Community | ||
Protection Act, or the
Cannabis Control Act that is | ||
classified as a Class 2 or greater felony, or any
felony | ||
violation of Article 24 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012; the court
may,
however, forgo the | ||
imposition of this condition when the
circumstances of the
| ||
case clearly do not warrant it or when its imposition would | ||
be
impractical;
if the Firearm Owner's Identification Card | ||
is confiscated, the clerk of the circuit court shall mail | ||
the confiscated card to the Illinois State Police; all | ||
legally possessed firearms shall be returned to the person | ||
upon
the charges being dismissed, or if the person is found | ||
not guilty, unless the
finding of not guilty is by reason | ||
of insanity; and
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(6) At a time and place designated by the court, submit | ||
to a
psychological
evaluation when the person has been | ||
charged with a violation of item (4) of
subsection
(a) of | ||
Section 24-1 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 and that violation occurred in
a school
or in | ||
any conveyance owned, leased, or contracted by a school to | ||
transport
students to or
from school or a school-related | ||
activity, or on any public way within 1,000
feet of real
|
property comprising any school.
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Psychological evaluations ordered pursuant to this Section | ||
shall be completed
promptly
and made available to the State, | ||
the defendant, and the court. As a further
condition of bail | ||
under
these circumstances, the court shall order the defendant | ||
to refrain from
entering upon the
property of the school, | ||
including any conveyance owned, leased, or contracted
by a | ||
school to
transport students to or from school or a | ||
school-related activity, or on any public way within
1,000 feet | ||
of real property comprising any school. Upon receipt of the | ||
psychological evaluation,
either the State or the defendant may | ||
request a change in the conditions of bail, pursuant to
Section | ||
110-6 of this Code. The court may change the conditions of bail | ||
to include a
requirement that the defendant follow the | ||
recommendations of the psychological evaluation,
including | ||
undergoing psychiatric treatment. The conclusions of the
| ||
psychological evaluation and
any statements elicited from the | ||
defendant during its administration are not
admissible as | ||
evidence
of guilt during the course of any trial on the charged | ||
offense, unless the
defendant places his or her
mental | ||
competency in issue.
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(b) The court may impose other conditions, such as the | ||
following, if the
court finds that such conditions are | ||
reasonably necessary to assure the
defendant's appearance in | ||
court, protect the public from the defendant, or
prevent the | ||
defendant's unlawful interference with the orderly |
administration
of justice:
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(1) Report to or appear in person before such person or | ||
agency as the
court may direct;
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(2) Refrain from possessing a firearm or other | ||
dangerous weapon;
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(3) Refrain from approaching or communicating with | ||
particular persons or
classes of persons;
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(4) Refrain from going to certain described | ||
geographical areas or
premises;
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(5) Refrain from engaging in certain activities or | ||
indulging in
intoxicating liquors or in certain drugs;
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(6) Undergo treatment for drug addiction or | ||
alcoholism;
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(7) Undergo medical or psychiatric treatment;
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(8) Work or pursue a course of study or vocational | ||
training;
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(9) Attend or reside in a facility designated by the | ||
court;
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(10) Support his or her dependents;
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(11) If a minor resides with his or her parents or in a | ||
foster home,
attend school, attend a non-residential | ||
program for youths, and contribute
to his or her own | ||
support at home or in a foster home;
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(12) Observe any curfew ordered by the court;
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(13) Remain in the custody of such designated person or | ||
organization
agreeing to supervise his release. Such third |
party custodian shall be
responsible for notifying the | ||
court if the defendant fails to observe the
conditions of | ||
release which the custodian has agreed to monitor, and | ||
shall
be subject to contempt of court for failure so to | ||
notify the court;
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(14) Be placed under direct supervision of the Pretrial | ||
Services
Agency, Probation Department or Court Services | ||
Department in a pretrial
bond home supervision capacity | ||
with or without the use of an approved
electronic | ||
monitoring device subject to Article 8A of Chapter V of the
| ||
Unified Code of Corrections;
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(14.1) The court shall impose upon a defendant who is | ||
charged with any
alcohol, cannabis, methamphetamine, or | ||
controlled substance violation and is placed under
direct | ||
supervision of the Pretrial Services Agency, Probation | ||
Department or
Court Services Department in a pretrial bond | ||
home supervision capacity with
the use of an approved | ||
monitoring device, as a condition of such bail bond,
a fee | ||
that represents costs incidental to the electronic | ||
monitoring for each
day of such bail supervision ordered by | ||
the
court, 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. The fee
shall be collected by | ||
the clerk of the circuit court , except as provided in an | ||
administrative order of the Chief Judge 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 , except as provided in an | ||
administrative order of the Chief Judge of the circuit | ||
court. | ||
The Chief Judge of the circuit court of the county may | ||
by administrative order establish a program for electronic | ||
monitoring of offenders with regard to drug-related and | ||
alcohol-related offenses, in which a vendor supplies and | ||
monitors the operation of the electronic monitoring | ||
device, and collects the fees on behalf of the county. The | ||
program shall include provisions for indigent offenders | ||
and the collection of unpaid fees. The program shall not | ||
unduly burden the offender and shall be subject to review | ||
by the Chief Judge. | ||
The Chief Judge of the circuit court may suspend any | ||
additional charges or fees for late payment, interest, or | ||
damage to any device ;
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(14.2) The court shall impose upon all defendants, | ||
including those
defendants subject to paragraph (14.1) | ||
above, placed under direct supervision
of the Pretrial | ||
Services Agency, Probation Department or Court Services
| ||
Department in a pretrial bond home supervision capacity | ||
with the use of an
approved monitoring device, as a | ||
condition of such bail bond, a fee
which shall represent | ||
costs incidental to such
electronic monitoring for each day |
of such bail supervision ordered by the
court, unless after | ||
determining the inability of the defendant to pay the fee,
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the court assesses a lesser fee or no fee as the case may | ||
be. The fee shall be
collected by the clerk of the circuit | ||
court , except as provided in an administrative order of the | ||
Chief Judge 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 , except as provided in an | ||
administrative order of the Chief Judge of the circuit | ||
court. | ||
The Chief Judge of the circuit court of the county may | ||
by administrative order establish a program for electronic | ||
monitoring of offenders with regard to drug-related and | ||
alcohol-related offenses, in which a vendor supplies and | ||
monitors the operation of the electronic monitoring | ||
device, and collects the fees on behalf of the county. The | ||
program shall include provisions for indigent offenders | ||
and the collection of unpaid fees. The program shall not | ||
unduly burden the offender and shall be subject to review | ||
by the Chief Judge. | ||
The Chief Judge of the circuit court may suspend any | ||
additional charges or fees for late payment, interest, or |
damage to any device ;
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(14.3) The Chief Judge of the Judicial Circuit may | ||
establish reasonable
fees to be paid by a person receiving | ||
pretrial services while under supervision
of a pretrial | ||
services agency, probation department, or court services
| ||
department. Reasonable fees may be charged for pretrial | ||
services
including, but not limited to, pretrial | ||
supervision, diversion programs,
electronic monitoring, | ||
victim impact services, drug and alcohol testing, DNA | ||
testing, GPS electronic monitoring, assessments and | ||
evaluations related to domestic violence and other | ||
victims, and
victim mediation services. The person | ||
receiving pretrial services may be
ordered to pay all costs | ||
incidental to pretrial services in accordance with his
or | ||
her ability to pay those costs;
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(14.4) For persons charged with violating Section | ||
11-501 of the Illinois
Vehicle Code, refrain from operating | ||
a motor vehicle not equipped with an
ignition interlock | ||
device, as defined in Section 1-129.1 of the Illinois
| ||
Vehicle Code,
pursuant to the rules promulgated by the | ||
Secretary of State for the
installation of ignition
| ||
interlock devices. 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
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defendant's employment;
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(15) Comply with the terms and conditions of an order | ||
of protection
issued by the court under the Illinois | ||
Domestic Violence Act of 1986 or an
order of protection | ||
issued by the court of another state, tribe, or United
| ||
States territory;
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(16) Under Section 110-6.5 comply with the conditions | ||
of the drug testing
program; and
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(17) Such other reasonable conditions as the court may | ||
impose.
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(c) When a person is charged with an offense under Section | ||
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
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12-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, involving a victim who is a
minor under | ||
18 years of age living in the same household with the defendant
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at the time of the offense, in granting bail or releasing the | ||
defendant on
his own recognizance, the judge shall impose | ||
conditions to restrict the
defendant's access to the victim | ||
which may include, but are not limited to
conditions that he | ||
will:
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1. Vacate the Household.
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2. Make payment of temporary support to his dependents.
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3. Refrain from contact or communication with the child | ||
victim, except
as ordered by the court.
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(d) When a person is charged with a criminal offense and | ||
the victim is
a family or household member as defined in | ||
Article 112A, conditions shall
be imposed at the time of the |
defendant's release on bond that restrict the
defendant's | ||
access to the victim.
Unless provided otherwise by the court, | ||
the
restrictions shall include
requirements that the defendant | ||
do the following:
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(1) refrain from contact or communication with the | ||
victim for a
minimum period of 72 hours following the | ||
defendant's release; and
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(2) refrain from entering or remaining at the victim's | ||
residence for a
minimum period of 72 hours following the | ||
defendant's release.
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(e) Local law enforcement agencies shall develop | ||
standardized bond forms
for use in cases involving family or | ||
household members as defined in
Article 112A, including | ||
specific conditions of bond as provided in
subsection (d). | ||
Failure of any law enforcement department to develop or use
| ||
those forms shall in no way limit the applicability and | ||
enforcement of
subsections (d) and (f).
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(f) If the defendant is admitted to bail after conviction | ||
the
conditions of the bail bond shall be that he will, in | ||
addition to the
conditions set forth in subsections (a) and (b) | ||
hereof:
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(1) Duly prosecute his appeal;
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(2) Appear at such time and place as the court may | ||
direct;
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(3) Not depart this State without leave of the court;
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(4) Comply with such other reasonable conditions as the |
court may
impose; and
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(5) If the judgment is affirmed or the cause reversed | ||
and remanded
for a new trial, forthwith surrender to the | ||
officer from whose custody
he was bailed.
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(g) Upon a finding of guilty for any felony offense, the | ||
defendant shall
physically surrender, at a time and place | ||
designated by the court,
any and all firearms in his or her | ||
possession and his or her Firearm Owner's
Identification Card | ||
as a condition of remaining on bond pending sentencing.
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(Source: P.A. 96-340, eff. 8-11-09; 96-1551, eff. 7-1-11; | ||
97-401, eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1150, eff. | ||
1-25-13.)
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Section 10. The Unified Code of Corrections is amended by | ||
changing the heading of Article 8A of Chapter V and Sections | ||
5-6-3, 5-6-3.1, 5-7-1, 5-8A-1, 5-8A-2, 5-8A-3, 5-8A-4, | ||
5-8A-4.1, 5-8A-5, 5-8A-5.1, 5-8A-6, 5-8A-7, and 5-8A-8 and by | ||
adding Section 5-8A-9 as follows: | ||
(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) | ||
Sec. 5-6-3. Conditions of Probation and of Conditional | ||
Discharge.
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(a) The conditions of probation and of conditional | ||
discharge shall be
that the person:
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(1) not violate any criminal statute of any | ||
jurisdiction;
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(2) report to or appear in person before such person or | ||
agency as
directed by the court;
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(3) refrain from possessing a firearm or other | ||
dangerous weapon where the offense is a felony or, if a | ||
misdemeanor, the offense involved the intentional or | ||
knowing infliction of bodily harm or threat of bodily harm;
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(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;
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(5) permit the probation officer to visit
him at his | ||
home or elsewhere
to the extent necessary to discharge his | ||
duties;
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(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 or the Criminal Code of | ||
2012 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;
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(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 high school | ||
equivalency testing 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 high school equivalency testing if a fee is charged for | ||
those courses or testing. 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
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not apply to a person who has a high school diploma or has | ||
successfully passed high school equivalency testing. This | ||
clause (7) does not apply to a person who is determined by
| ||
the court to be a person with a developmental disability or | ||
otherwise mentally incapable of
completing the educational | ||
or vocational program;
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(8) if convicted of possession of a substance | ||
prohibited
by the Cannabis Control Act, the Illinois | ||
Controlled Substances Act, or the Methamphetamine Control | ||
and Community Protection 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, Section 410 | ||
of the Illinois Controlled Substances Act, or Section 70 of | ||
the Methamphetamine Control and Community Protection Act | ||
and upon a
finding by the court that the person is | ||
addicted, undergo treatment at a
substance abuse program | ||
approved by the court;
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(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;
| ||
(8.6) if convicted of a sex offense as defined in the | ||
Sex Offender Management Board Act, refrain from residing at | ||
the same address or in the same condominium unit or | ||
apartment unit or in the same condominium complex or | ||
apartment complex with another person he or she knows or | ||
reasonably should know is a convicted sex offender or has | ||
been placed on supervision for a sex offense; the | ||
provisions of this paragraph do not apply to a person | ||
convicted of a sex offense who is placed in a Department of | ||
Corrections licensed transitional housing facility for sex | ||
offenders; | ||
(8.7) if convicted for an offense committed on or after | ||
June 1, 2008 (the effective date of Public Act 95-464) that | ||
would qualify the accused as a child sex offender as | ||
defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||
1961 or the Criminal Code of 2012, refrain from | ||
communicating with or contacting, by means of the Internet, | ||
a person who is not related to the accused and whom the | ||
accused reasonably believes to be under 18 years of age; | ||
for purposes of this paragraph (8.7), "Internet" has the | ||
meaning ascribed to it in Section 16-0.1 of the Criminal | ||
Code of 2012; and a person is not related to the accused if |
the person is not: (i) the spouse, brother, or sister of | ||
the accused; (ii) a descendant of the accused; (iii) a | ||
first or second cousin of the accused; or (iv) a step-child | ||
or adopted child of the accused; | ||
(8.8) if convicted for an offense under Section 11-6, | ||
11-9.1, 11-14.4 that involves soliciting for a juvenile | ||
prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012, | ||
or any attempt to commit any of these offenses, committed | ||
on or after June 1, 2009 (the effective date of Public Act | ||
95-983): | ||
(i) not access or use a computer or any other | ||
device with Internet capability without the prior | ||
written approval of the offender's probation officer, | ||
except in connection with the offender's employment or | ||
search for employment with the prior approval of the | ||
offender's probation officer; | ||
(ii) submit to periodic unannounced examinations | ||
of the offender's computer or any other device with | ||
Internet capability by the offender's probation | ||
officer, a law enforcement officer, or assigned | ||
computer or information technology specialist, | ||
including the retrieval and copying of all data from | ||
the computer or device and any internal or external | ||
peripherals and removal of such information, | ||
equipment, or device to conduct a more thorough |
inspection; | ||
(iii) submit to the installation on the offender's | ||
computer or device with Internet capability, at the | ||
offender's expense, of one or more hardware or software | ||
systems to monitor the Internet use; and | ||
(iv) submit to any other appropriate restrictions | ||
concerning the offender's use of or access to a | ||
computer or any other device with Internet capability | ||
imposed by the offender's probation officer; | ||
(8.9) if convicted of a sex offense as defined in the | ||
Sex Offender
Registration Act committed on or after January | ||
1, 2010 (the effective date of Public Act 96-262), refrain | ||
from accessing or using a social networking website as | ||
defined in Section 17-0.5 of the Criminal Code of 2012;
| ||
(9) if convicted of a felony or of any misdemeanor | ||
violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | ||
12-3.5 of the Criminal Code of 1961 or the Criminal Code of | ||
2012 that was determined, pursuant to Section 112A-11.1 of | ||
the Code of Criminal Procedure of 1963, to trigger the | ||
prohibitions of 18 U.S.C. 922(g)(9), 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. The Court shall return | ||
to the Department of State Police Firearm Owner's | ||
Identification Card Office the person's Firearm Owner's | ||
Identification Card;
|
(10) if convicted of a sex offense as defined in | ||
subsection (a-5) of Section 3-1-2 of this Code, unless the | ||
offender is a parent or guardian of the person under 18 | ||
years of age present in the home and no non-familial minors | ||
are present, not participate in a holiday event involving | ||
children under 18 years of age, such as distributing candy | ||
or other items to children on Halloween, wearing a Santa | ||
Claus costume on or preceding Christmas, being employed as | ||
a department store Santa Claus, or wearing an Easter Bunny | ||
costume on or preceding Easter; | ||
(11) if convicted of a sex offense as defined in | ||
Section 2 of the Sex Offender Registration Act committed on | ||
or after January 1, 2010 (the effective date of Public Act | ||
96-362) that requires the person to register as a sex | ||
offender under that Act, may not knowingly use any computer | ||
scrub software on any computer that the sex offender uses; | ||
and | ||
(12) if convicted of a violation of the Methamphetamine | ||
Control and Community Protection Act, the Methamphetamine
| ||
Precursor Control Act, or a methamphetamine related | ||
offense: | ||
(A) prohibited from purchasing, possessing, or | ||
having under his or her control any product containing | ||
pseudoephedrine unless prescribed by a physician; and | ||
(B) prohibited from purchasing, possessing, or | ||
having under his or her control any product containing |
ammonium nitrate. | ||
(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 , except as provided in an administrative | ||
order of the Chief Judge 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 , except as | ||
provided in an administrative order of the Chief Judge | ||
of the circuit court. | ||
The Chief Judge of the circuit court of the county | ||
may by administrative order establish a program for | ||
electronic monitoring of offenders, in which a vendor | ||
supplies and monitors the operation of the electronic | ||
monitoring device, and collects the fees on behalf of | ||
the county. The program shall include provisions for | ||
indigent offenders and the collection of unpaid fees. | ||
The program shall not unduly burden the offender and |
shall be subject to review by the Chief Judge. | ||
The Chief Judge of the circuit court may suspend | ||
any additional charges or fees for late payment, | ||
interest, or damage to any device ; 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 , except as provided in an administrative | ||
order of the Chief Judge 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 probation and court services fund.
| ||
The Chief Judge of the circuit court of the county may | ||
by administrative order establish a program for | ||
electronic monitoring of offenders, in which a vendor |
supplies and monitors the operation of the electronic | ||
monitoring device, and collects the fees on behalf of | ||
the county. The program shall include provisions for | ||
indigent offenders and the collection of unpaid fees. | ||
The program shall not unduly burden the offender and | ||
shall be subject to review by the Chief Judge.
| ||
The Chief Judge of the circuit court may suspend | ||
any additional charges or fees for late payment, | ||
interest, or damage to any device. | ||
(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, (i) to a | ||
"local anti-crime
program", as defined in Section 7 of the |
Anti-Crime Advisory Council Act, or (ii) for offenses under | ||
the jurisdiction of the Department of Natural Resources, to | ||
the fund established by the Department of Natural Resources | ||
for the purchase of evidence for investigation purposes and | ||
to conduct investigations as outlined in Section 805-105 of | ||
the Department of Natural Resources (Conservation) Law;
| ||
(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, the Illinois Controlled
Substances Act, or the | ||
Methamphetamine Control and Community Protection 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) if convicted for an offense committed on or after |
June 1, 2008 (the effective date of Public Act 95-464) that | ||
would qualify the accused as a child sex offender as | ||
defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||
1961 or the Criminal Code of 2012, refrain from | ||
communicating with or contacting, by means of the Internet, | ||
a person who is related to the accused and whom the accused | ||
reasonably believes to be under 18 years of age; for | ||
purposes of this paragraph (17), "Internet" has the meaning | ||
ascribed to it in Section 16-0.1 of the Criminal Code of | ||
2012; and a person is related to the accused if the person | ||
is: (i) the spouse, brother, or sister of the accused; (ii) | ||
a descendant of the accused; (iii) a first or second cousin | ||
of the accused; or (iv) a step-child or adopted child of | ||
the accused; | ||
(18) if convicted for an offense committed on or after | ||
June 1, 2009 (the effective date of Public Act 95-983) that | ||
would qualify as a sex offense as defined in the Sex | ||
Offender Registration Act: | ||
(i) not access or use a computer or any other | ||
device with Internet capability without the prior | ||
written approval of the offender's probation officer, | ||
except in connection with the offender's employment or | ||
search for employment with the prior approval of the | ||
offender's probation officer; | ||
(ii) submit to periodic unannounced examinations | ||
of the offender's computer or any other device with |
Internet capability by the offender's probation | ||
officer, a law enforcement officer, or assigned | ||
computer or information technology specialist, | ||
including the retrieval and copying of all data from | ||
the computer or device and any internal or external | ||
peripherals and removal of such information, | ||
equipment, or device to conduct a more thorough | ||
inspection; | ||
(iii) submit to the installation on the offender's | ||
computer or device with Internet capability, at the | ||
subject's expense, of one or more hardware or software | ||
systems to monitor the Internet use; and | ||
(iv) submit to any other appropriate restrictions | ||
concerning the offender's use of or access to a | ||
computer or any other device with Internet capability | ||
imposed by the offender's probation officer; and | ||
(19) refrain from possessing a firearm or other | ||
dangerous weapon where the offense is a misdemeanor that | ||
did not involve the intentional or knowing infliction of | ||
bodily harm or threat of bodily harm. | ||
(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.
| ||
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 , except as provided in an administrative | ||
order of the Chief Judge 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.
The Chief Judge of the circuit court of the county may | ||
by administrative order establish a program for electronic | ||
monitoring of offenders, in which a vendor supplies and | ||
monitors the operation of the electronic monitoring device, and | ||
collects the fees on behalf of the county. The program shall | ||
include provisions for indigent offenders and the collection of |
unpaid fees. The program shall not unduly burden the offender | ||
and shall be subject to review by the Chief Judge.
| ||
The Chief Judge of the circuit court may suspend any | ||
additional charges or fees for late payment, interest, or | ||
damage to any device. | ||
(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.
The probation department within | ||
the circuit to which jurisdiction has been transferred, or | ||
which has agreed to provide supervision, may impose probation | ||
fees upon receiving the transferred offender, as provided in | ||
subsection (i). For all transfer cases, as defined in Section | ||
9b of the Probation and Probation Officers Act, the probation | ||
department from the original sentencing court shall retain all | ||
probation fees collected prior to the transfer. After the | ||
transfer
all probation fees shall be paid to the probation | ||
department within the
circuit to which jurisdiction has been | ||
transferred.
| ||
(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 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 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. | ||
The Court may only waive probation fees based on an | ||
offender's ability to pay. The probation department may | ||
re-evaluate an offender's ability to pay every 6 months, and, | ||
with the approval of the Director of Court Services or the |
Chief Probation Officer, adjust the monthly fee amount. An | ||
offender may elect to pay probation fees due in a lump sum.
Any | ||
offender that has been assigned to the supervision of a | ||
probation department, or has been transferred either under | ||
subsection (h) of this Section or under any interstate compact, | ||
shall be required to pay probation fees to the department | ||
supervising the offender, based on the offender's ability to | ||
pay.
| ||
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.
| ||
(l) The court may order an offender who is sentenced to | ||
probation or conditional
discharge for a violation of an order | ||
of protection be placed under electronic surveillance as | ||
provided in Section 5-8A-7 of this Code. | ||
(Source: P.A. 98-575, eff. 1-1-14; 98-718, eff. 1-1-15; 99-143, | ||
eff. 7-27-15.)
| ||
(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,
Section | ||
411.2 of the Illinois Controlled
Substances Act, or Section 80 | ||
of the Methamphetamine Control and Community Protection 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 or the | ||
Criminal Code of 2012 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 or the Criminal Code of 2012 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, (i) to a | ||
"local anti-crime program", as defined
in Section 7 of the | ||
Anti-Crime Advisory Council Act, or (ii) for offenses under | ||
the jurisdiction of the Department of Natural Resources, to | ||
the fund established by the Department of Natural Resources | ||
for the purchase of evidence for investigation purposes and | ||
to conduct investigations as outlined in Section 805-105 of | ||
the Department of Natural Resources (Conservation) Law;
| ||
(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, the Illinois Controlled
Substances Act, or the | ||
Methamphetamine Control and Community Protection 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; and
| ||
(18) if placed on supervision for a sex offense as | ||
defined in subsection (a-5) of Section 3-1-2 of this Code, | ||
unless the offender is a parent or guardian of the person | ||
under 18 years of age present in the home and no | ||
non-familial minors are present, not participate in a | ||
holiday event involving
children
under 18 years of age, | ||
such as distributing candy or other items to children on
| ||
Halloween,
wearing a Santa Claus costume on or preceding | ||
Christmas, being employed as a
department store Santa | ||
Claus, or wearing an Easter Bunny costume on or
preceding
| ||
Easter. | ||
(c-5) If payment of restitution as ordered has not been |
made, the victim shall file a
petition notifying the sentencing | ||
court, any other person to whom restitution is owed, and
the | ||
State's Attorney of the status of the ordered restitution | ||
payments unpaid at least 90
days before the supervision | ||
expiration date. If payment as ordered has not been made, the
| ||
court shall hold a review hearing prior to the expiration date, | ||
unless the hearing
is voluntarily waived by the defendant with | ||
the knowledge that waiver may result in an
extension of the | ||
supervision period or in a revocation of supervision. If the | ||
court does not
extend supervision, it shall issue a judgment | ||
for the unpaid restitution and direct the clerk
of the circuit | ||
court to file and enter the judgment in the judgment and lien | ||
docket, without
fee, unless it finds that the victim has | ||
recovered a judgment against the
defendant for the amount | ||
covered by the restitution order. If the court issues a
| ||
judgment for the unpaid restitution, the court shall send to | ||
the defendant at his or her last known
address written | ||
notification that a civil judgment has been issued for the | ||
unpaid
restitution. | ||
(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, 16-25,
or 16A-3 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012, 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 clause | ||
(a)(1)(L) of Section 5.2 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 , except as provided in an | ||
administrative order of the Chief Judge 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.
| ||
The Chief Judge of the circuit court of the county may by | ||
administrative order establish a program for electronic | ||
monitoring of offenders, in which a vendor supplies and | ||
monitors the operation of the electronic monitoring device, and | ||
collects the fees on behalf of the county. The program shall | ||
include provisions for indigent offenders and the collection of |
unpaid fees. The program shall not unduly burden the offender | ||
and shall be subject to review by the Chief Judge. | ||
The Chief Judge of the circuit court may suspend any | ||
additional charges or fees for late payment, interest, or | ||
damage to any device. | ||
(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 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. | ||
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. | ||
The Court may only waive probation fees based on an | ||
offender's ability to pay. The probation department may | ||
re-evaluate an offender's ability to pay every 6 months, and, | ||
with the approval of the Director of Court Services or the | ||
Chief Probation Officer, adjust the monthly fee amount. An | ||
offender may elect to pay probation fees due in a lump sum.
Any | ||
offender that has been assigned to the supervision of a | ||
probation department, or has been transferred either under | ||
subsection (h) of this Section or under any interstate compact, | ||
shall be required to pay probation fees to the department | ||
supervising the offender, based on the offender's ability to | ||
pay.
| ||
(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 high school equivalency testing 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 high school equivalency | ||
testing if a fee is charged for those courses
or testing. 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 high school equivalency testing. 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, the Illinois Controlled Substances Act, | ||
or the Methamphetamine Control and Community Protection Act
| ||
after a previous conviction or disposition of supervision for | ||
possession of a
substance prohibited by the Cannabis Control | ||
Act, the Illinois Controlled
Substances Act, or the | ||
Methamphetamine Control and Community Protection 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 | ||
3 years 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.
| ||
(o) An offender placed on supervision for a sex offense as | ||
defined in the Sex Offender
Management Board Act shall refrain | ||
from residing at the same address or in the same condominium | ||
unit or apartment unit or in the same condominium complex or | ||
apartment complex with another person he or she knows or | ||
reasonably should know is a convicted sex offender or has been | ||
placed on supervision for a sex offense. The provisions of this | ||
subsection (o) do not apply to a person convicted of a sex | ||
offense who is placed in a Department of Corrections licensed | ||
transitional housing facility for sex offenders. | ||
(p) An offender placed on supervision for an offense | ||
committed on or after June 1, 2008
(the effective date of | ||
Public Act 95-464)
that would qualify the accused as a child | ||
sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 shall | ||
refrain from communicating with or contacting, by means of the | ||
Internet, a person who is not related to the accused and whom | ||
the accused reasonably believes to be under 18 years of age. | ||
For purposes of this subsection (p), "Internet" has the meaning | ||
ascribed to it in Section 16-0.1 of the Criminal Code of 2012; | ||
and a person is not related to the accused if the person is |
not: (i) the spouse, brother, or sister of the accused; (ii) a | ||
descendant of the accused; (iii) a first or second cousin of | ||
the accused; or (iv) a step-child or adopted child of the | ||
accused.
| ||
(q) An offender placed on supervision for an offense | ||
committed on or after June 1, 2008
(the effective date of | ||
Public Act 95-464)
that would qualify the accused as a child | ||
sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 shall, if so | ||
ordered by the court, refrain from communicating with or | ||
contacting, by means of the Internet, a person who is related | ||
to the accused and whom the accused reasonably believes to be | ||
under 18 years of age. For purposes of this subsection (q), | ||
"Internet" has the meaning ascribed to it in Section 16-0.1 of | ||
the Criminal Code of 2012; and a person is related to the | ||
accused if the person is: (i) the spouse, brother, or sister of | ||
the accused; (ii) a descendant of the accused; (iii) a first or | ||
second cousin of the accused; or (iv) a step-child or adopted | ||
child of the accused.
| ||
(r) An offender placed on supervision for an offense under | ||
Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a | ||
juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or | ||
11-21 of the Criminal Code of 1961 or the Criminal Code of | ||
2012, or any attempt to commit any of these offenses, committed | ||
on or after the effective date of this amendatory Act of the | ||
95th General Assembly shall: |
(i) not access or use a computer or any other device | ||
with Internet capability without the prior written | ||
approval of the court, except in connection with the | ||
offender's employment or search for employment with the | ||
prior approval of the court; | ||
(ii) submit to periodic unannounced examinations of | ||
the offender's computer or any other device with Internet | ||
capability by the offender's probation officer, a law | ||
enforcement officer, or assigned computer or information | ||
technology specialist, including the retrieval and copying | ||
of all data from the computer or device and any internal or | ||
external peripherals and removal of such information, | ||
equipment, or device to conduct a more thorough inspection; | ||
(iii) submit to the installation on the offender's | ||
computer or device with Internet capability, at the | ||
offender's expense, of one or more hardware or software | ||
systems to monitor the Internet use; and | ||
(iv) submit to any other appropriate restrictions | ||
concerning the offender's use of or access to a computer or | ||
any other device with Internet capability imposed by the | ||
court. | ||
(s) An offender placed on supervision for an offense that | ||
is a sex offense as defined in Section 2 of the Sex Offender | ||
Registration Act that is committed on or after January 1, 2010 | ||
(the effective date of Public Act 96-362) that requires the | ||
person to register as a sex offender under that Act, may not |
knowingly use any computer scrub software on any computer that | ||
the sex offender uses. | ||
(t) An offender placed on supervision for a sex offense as | ||
defined in the Sex Offender
Registration Act committed on or | ||
after January 1, 2010 (the effective date of Public Act 96-262) | ||
shall refrain from accessing or using a social networking | ||
website as defined in Section 17-0.5 of the Criminal Code of | ||
2012. | ||
(u) 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. The probation department within | ||
the circuit to which jurisdiction has been transferred may | ||
impose probation fees upon receiving the transferred offender, | ||
as provided in subsection (i). The probation department from | ||
the original sentencing court shall retain all probation fees | ||
collected prior to the transfer. | ||
(Source: P.A. 97-454, eff. 1-1-12; 97-597, eff. 1-1-12; | ||
97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff. | ||
1-1-15; 98-940, eff. 1-1-15; revised 10-1-14.) | ||
(730 ILCS 5/5-7-1) (from Ch. 38, par. 1005-7-1)
| ||
Sec. 5-7-1. Sentence of Periodic Imprisonment.
| ||
(a) A sentence of periodic imprisonment is a sentence of
|
imprisonment during which the committed person may be released | ||
for
periods of time during the day or night or for periods of | ||
days, or both,
or if convicted of a felony, other than first | ||
degree murder, a Class X or
Class 1 felony, committed to any | ||
county, municipal, or regional
correctional or detention | ||
institution or facility in this State for such
periods of time | ||
as the court may direct. Unless the court orders otherwise,
the | ||
particular times and conditions of release shall be determined | ||
by
the Department of Corrections, the sheriff, or the | ||
Superintendent of the
house of corrections, who is | ||
administering the program.
| ||
(b) A sentence of periodic imprisonment may be imposed to | ||
permit the
defendant to:
| ||
(1) seek employment;
| ||
(2) work;
| ||
(3) conduct a business or other self-employed | ||
occupation including
housekeeping;
| ||
(4) attend to family needs;
| ||
(5) attend an educational institution, including | ||
vocational
education;
| ||
(6) obtain medical or psychological treatment;
| ||
(7) perform work duties at a county, municipal, or | ||
regional correctional
or detention institution or | ||
facility;
| ||
(8) continue to reside at home with or without | ||
supervision involving
the use of an approved electronic |
monitoring device, subject to
Article 8A of Chapter V; or
| ||
(9) for any other purpose determined by the court.
| ||
(c) Except where prohibited by other provisions of this | ||
Code,
the court may impose a sentence of periodic imprisonment | ||
for a
felony or misdemeanor on a person who is 17 years of age | ||
or older. The
court shall not impose a sentence of periodic | ||
imprisonment if it imposes
a sentence of imprisonment upon the | ||
defendant in excess of 90 days.
| ||
(d) A sentence of periodic imprisonment shall be for a | ||
definite
term of from 3 to 4 years for a Class 1 felony, 18 to | ||
30 months
for a Class 2 felony, and up to 18 months, or the | ||
longest sentence of
imprisonment that could be imposed for the | ||
offense, whichever is less, for
all other offenses; however, no | ||
person shall be sentenced to a term of
periodic imprisonment | ||
longer than one year if he is committed to a county
| ||
correctional institution or facility, and in conjunction with | ||
that sentence
participate in a county work release program | ||
comparable to the work and day
release program provided for in | ||
Article 13 of the Unified Code of
Corrections in State | ||
facilities. The term of the sentence shall be
calculated upon | ||
the basis of the duration of its term rather than upon
the | ||
basis of the actual days spent in confinement. No sentence
of | ||
periodic imprisonment shall be subject to the good time
credit | ||
provisions of Section 3-6-3 of this Code.
| ||
(e) When the court imposes a sentence of periodic | ||
imprisonment, it
shall state:
|
(1) the term of such sentence;
| ||
(2) the days or parts of days which the defendant is to | ||
be confined;
| ||
(3) the conditions.
| ||
(f) The court may issue an order of protection pursuant to | ||
the
Illinois Domestic Violence Act of 1986 as a condition of a | ||
sentence of
periodic imprisonment. The Illinois Domestic | ||
Violence Act of 1986 shall
govern the issuance, enforcement and | ||
recording of orders of protection
issued under this Section. A | ||
copy of the order of protection shall be
transmitted to the | ||
person or agency having responsibility for the case.
| ||
(f-5) An offender sentenced to a term of periodic | ||
imprisonment for a
felony sex
offense as defined in the Sex | ||
Offender Management Board Act shall be required
to 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.
| ||
(g) An offender sentenced to periodic imprisonment who | ||
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 offenders with a sentence of
| ||
periodic imprisonment. 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 , except as provided | ||
in an administrative order of the Chief Judge 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) All fees 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.
| ||
The Chief Judge of the circuit court of the county may by | ||
administrative order establish a program for electronic | ||
monitoring of offenders, in which a vendor supplies and |
monitors the operation of the electronic monitoring device, and | ||
collects the fees on behalf of the county. The program shall | ||
include provisions for indigent offenders and the collection of | ||
unpaid fees. The program shall not unduly burden the offender | ||
and shall be subject to review by the Chief Judge. | ||
The Chief Judge of the circuit court may suspend any | ||
additional charges or fees for late payment, interest, or | ||
damage to any device. | ||
(i) A defendant at least 17 years of age who is
convicted | ||
of a misdemeanor or felony in a county of 3,000,000 or more
| ||
inhabitants and who has not been previously convicted
of a | ||
misdemeanor or a felony and who is sentenced to a term of | ||
periodic
imprisonment may as a condition of his or her sentence | ||
be required by the
court to attend educational courses designed | ||
to
prepare the defendant for a high school diploma and to work | ||
toward receiving a
high school
diploma or to work toward | ||
passing high school equivalency testing or to work toward | ||
completing a vocational training program
approved by the court. | ||
The defendant sentenced to periodic imprisonment must
attend a | ||
public institution of education to obtain the educational or
| ||
vocational training required by this subsection (i). The | ||
defendant sentenced
to a term of periodic imprisonment shall be | ||
required to pay for the cost of the
educational courses or high | ||
school equivalency testing if a fee is charged for those | ||
courses or testing.
The court shall
revoke the sentence of | ||
periodic imprisonment of the defendant who wilfully
fails
to |
comply with this subsection (i). The court shall resentence the | ||
defendant
whose sentence of periodic imprisonment has been
| ||
revoked as provided in Section 5-7-2. This
subsection (i) does | ||
not apply to a defendant who has a high school diploma or
has | ||
successfully passed high school equivalency testing. This | ||
subsection (i) does not apply to a
defendant who is determined | ||
by the court to be a person with a developmental disability or
| ||
otherwise mentally incapable of completing the
educational or | ||
vocational program.
| ||
(Source: P.A. 98-718, eff. 1-1-15; 99-143, eff. 7-27-15.)
| ||
(730 ILCS 5/Ch. V Art. 8A heading) | ||
ARTICLE 8A. ELECTRONIC MONITORING AND HOME DETENTION
| ||
(730 ILCS 5/5-8A-1) (from Ch. 38, par. 1005-8A-1)
| ||
Sec. 5-8A-1. Title. This Article shall be known and may be | ||
cited as
the Electronic Monitoring and Home Detention Law.
| ||
(Source: P.A. 86-1281.)
| ||
(730 ILCS 5/5-8A-2) (from Ch. 38, par. 1005-8A-2)
| ||
Sec. 5-8A-2. Definitions. As used in this Article:
| ||
(A) "Approved electronic monitoring device" means a device | ||
approved by
the supervising authority which is primarily | ||
intended to record or transmit
information as to the |
defendant's presence or nonpresence in the home , consumption of | ||
alcohol, consumption of drugs, location as determined through | ||
GPS, cellular triangulation, Wi-Fi, or other electronic means .
| ||
An approved electronic monitoring device may record or | ||
transmit: oral or
wire communications or an auditory sound; | ||
visual images; or information
regarding the offender's | ||
activities while inside the offender's home.
These devices are | ||
subject to the required consent as set forth in Section
5-8A-5 | ||
of this Article.
| ||
An approved electronic monitoring device may be used to | ||
record a
conversation between the participant and the | ||
monitoring device, or the
participant and the person | ||
supervising the participant solely for the
purpose of | ||
identification and not for the purpose of eavesdropping or
| ||
conducting any other illegally intrusive monitoring.
| ||
(A-10) "Department" means the Department of Corrections or | ||
the Department of Juvenile Justice. | ||
(A-20) "Electronic monitoring" means the monitoring of an | ||
inmate, person, or offender with an electronic device both | ||
within and outside of their home under the terms and conditions | ||
established by the supervising authority. | ||
(B) "Excluded offenses" means first degree murder, escape, | ||
predatory
criminal sexual assault of a child, aggravated | ||
criminal sexual assault,
criminal sexual assault, aggravated | ||
battery with a firearm as described in Section 12-4.2 or | ||
subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section |
12-3.05, bringing or
possessing a firearm, ammunition or | ||
explosive in a penal institution, any
"Super-X" drug offense or | ||
calculated criminal drug conspiracy or streetgang
criminal | ||
drug conspiracy, or any predecessor or successor offenses with | ||
the
same or substantially the same elements, or any inchoate | ||
offenses relating to
the foregoing offenses.
| ||
(B-10) "GPS" means a device or system which utilizes the | ||
Global Positioning Satellite system for determining the | ||
location of a person, inmate or offender. | ||
(C) "Home detention" means the confinement of a person | ||
convicted or
charged with an offense to his or her place of | ||
residence under the terms
and conditions established by the | ||
supervising authority.
| ||
(D) "Participant" means an inmate or offender placed into | ||
an
electronic monitoring program.
| ||
(E) "Supervising authority" means the Department of | ||
Corrections, the Department of Juvenile Justice,
probation | ||
department supervisory authority , sheriff, superintendent of
| ||
municipal house of corrections or any other officer or agency | ||
charged with
authorizing and supervising electronic monitoring | ||
and home detention.
| ||
(F) "Super-X drug offense" means a violation of Section | ||
401(a)(1)(B), (C),
or (D); Section 401(a)(2)(B), (C), or (D); | ||
Section 401(a)(3)(B), (C), or (D);
or Section 401(a)(7)(B), | ||
(C), or (D) of the Illinois Controlled Substances
Act.
| ||
(G) "Wi-Fi" or "WiFi" means a device or system which |
utilizes a wireless local area network for determining the | ||
location of a person, inmate or offender. | ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
(730 ILCS 5/5-8A-3) (from Ch. 38, par. 1005-8A-3)
| ||
Sec. 5-8A-3. Application.
| ||
(a) Except as provided in subsection (d), a person charged | ||
with
or convicted of an
excluded offense may not be placed in | ||
an electronic monitoring or home
detention program, except for | ||
bond pending trial or appeal or while on parole, aftercare | ||
release,
or mandatory supervised release.
| ||
(b) A person serving a sentence for a conviction of a Class | ||
1 felony,
other than an excluded offense, may be placed in an | ||
electronic monitoring or home detention
program for a period | ||
not to exceed the last 90 days of incarceration.
| ||
(c) A person serving a sentence for a conviction
of a Class | ||
X felony, other than an excluded offense, may be placed
in an | ||
electronic monitoring or home detention program for a period | ||
not to exceed the last 90
days of incarceration, provided that | ||
the person was sentenced on or after the
effective date of this | ||
amendatory Act of 1993 and provided that the court has
not | ||
prohibited the program for the person in the sentencing order.
| ||
(d) A person serving a sentence for conviction of an | ||
offense other than
for predatory criminal sexual assault of a | ||
child, aggravated criminal
sexual assault, criminal sexual | ||
assault, aggravated
criminal sexual abuse, or felony criminal |
sexual abuse, may be placed in an
electronic monitoring or home | ||
detention program for a period not to exceed the last 12 months
| ||
of incarceration, provided that (i) the person is 55 years of | ||
age or older;
(ii) the person is serving a determinate | ||
sentence; (iii) the person has served
at least 25% of the | ||
sentenced prison term; and (iv) placement in an electronic
home | ||
monitoring or detention program is approved by the Prisoner | ||
Review Board.
| ||
(e) A person serving a sentence for conviction
of a Class | ||
2, 3 or 4 felony offense which is not an excluded offense may | ||
be
placed in an
electronic monitoring or home detention program | ||
pursuant to Department administrative
directives.
| ||
(f) Applications for electronic monitoring or home | ||
detention
may include the following:
| ||
(1) pretrial or pre-adjudicatory detention;
| ||
(2) probation;
| ||
(3) conditional discharge;
| ||
(4) periodic imprisonment;
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(5) parole, aftercare release, or mandatory supervised | ||
release;
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(6) work release;
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(7) furlough; or
| ||
(8) post-trial incarceration.
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(g) A person convicted of an offense described in clause | ||
(4) or (5) of
subsection (d) of Section 5-8-1 of this Code | ||
shall be placed in an electronic monitoring or
home detention |
program for at least the first 2 years of the person's | ||
mandatory
supervised release term.
| ||
(Source: P.A. 98-558, eff. 1-1-14; 98-756, eff. 7-16-14.)
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(730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)
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Sec. 5-8A-4. Program description. The supervising | ||
authority may
promulgate rules that prescribe reasonable | ||
guidelines under which an
electronic monitoring and home | ||
detention program shall operate. When using electronic | ||
monitoring for home detention these These rules shall include
| ||
but not be limited to the following:
| ||
(A) The participant shall remain within the interior | ||
premises or within
the property boundaries of his or her | ||
residence at all times during the
hours designated by the | ||
supervising authority. Such instances of approved
absences | ||
from the home may include but are not limited to the following:
| ||
(1) working or employment approved by the court or | ||
traveling to or from
approved employment;
| ||
(2) unemployed and seeking employment approved for the | ||
participant by
the court;
| ||
(3) undergoing medical, psychiatric, mental health | ||
treatment,
counseling, or other treatment programs | ||
approved for the participant by
the court;
| ||
(4) attending an educational institution or a program | ||
approved for the
participant by the court;
| ||
(5) attending a regularly scheduled religious service |
at a place of worship;
| ||
(6) participating in community work release or | ||
community service
programs approved for the participant by | ||
the supervising authority; or
| ||
(7) for another compelling reason consistent with the | ||
public interest,
as approved by the supervising authority.
| ||
(B) The participant shall admit any person or agent | ||
designated by the
supervising authority into his or her | ||
residence at any time for
purposes of verifying the | ||
participant's compliance with the conditions of
his or her | ||
detention.
| ||
(C) The participant shall make the necessary arrangements | ||
to allow for
any person or agent designated by the supervising | ||
authority to visit
the participant's place of education or | ||
employment at any time, based upon
the approval of the | ||
educational institution employer or both, for the
purpose of | ||
verifying the participant's compliance with the conditions of
| ||
his or her detention.
| ||
(D) The participant shall acknowledge and participate with | ||
the approved
electronic monitoring device as designated by the | ||
supervising authority
at any time for the purpose of verifying | ||
the
participant's compliance with the conditions of his or her | ||
detention.
| ||
(E) The participant shall maintain the following:
| ||
(1) a working telephone in the participant's home;
| ||
(2) a monitoring device in the participant's home, or |
on the
participant's person, or both; and
| ||
(3) a monitoring device in the participant's home and | ||
on the
participant's person in the absence of a telephone.
| ||
(F) The participant shall obtain approval from the | ||
supervising authority
before the participant changes residence | ||
or the schedule
described in subsection (A) of this Section.
| ||
(G) The participant shall not commit another crime during | ||
the period of
home detention ordered by the Court.
| ||
(H) Notice to the participant that violation of the order | ||
for home
detention may subject the participant to prosecution | ||
for the crime of escape
as described in Section 5-8A-4.1.
| ||
(I) The participant shall abide by other conditions as set | ||
by the
supervising authority.
| ||
(Source: P.A. 91-357, eff. 7-29-99.)
| ||
(730 ILCS 5/5-8A-4.1)
| ||
Sec. 5-8A-4.1. Escape; failure to comply with a condition | ||
of the
electronic home monitoring or home detention program. | ||
(a) A person charged with or convicted of a felony,
or | ||
charged with or adjudicated delinquent for an act which, if | ||
committed by an adult, would constitute a felony, conditionally | ||
released from the supervising authority through an electronic
| ||
home monitoring or home detention program, who knowingly | ||
violates a condition of the
electronic
home monitoring | ||
detention program is guilty of a Class 3 felony.
| ||
(b) A person charged with or convicted of a misdemeanor,
or |
charged with or adjudicated delinquent for an act which, if | ||
committed by an adult, would constitute a misdemeanor, | ||
conditionally released from the supervising authority through | ||
an electronic
home monitoring or home detention program, who | ||
knowingly violates a condition of the
electronic
home | ||
monitoring or home detention program is guilty of a Class B | ||
misdemeanor.
| ||
(c) A person who violates this Section while armed with a | ||
dangerous weapon
is guilty of a Class 1 felony.
| ||
(Source: P.A. 95-921, eff. 1-1-09.)
| ||
(730 ILCS 5/5-8A-5) (from Ch. 38, par. 1005-8A-5)
| ||
Sec. 5-8A-5. Consent of the participant. Before entering an | ||
order for
commitment for electronic monitoring home detention , | ||
the supervising authority shall
inform the participant and | ||
other persons residing in the home of the nature
and extent of | ||
the approved electronic monitoring devices by doing the
| ||
following:
| ||
(A) Securing the written consent of the participant in the | ||
program to
comply with the rules and regulations of the program | ||
as stipulated in
subsections (A) through (I) of Section 5-8A-4.
| ||
(B) Where possible, securing the written consent of other | ||
persons
residing in the home
of the participant, including the | ||
person in whose name the telephone is
registered, at the time | ||
of the order or commitment for electronic
home detention is | ||
entered and acknowledge the nature and extent of approved
|
electronic monitoring devices.
| ||
(C) Insure that the approved electronic devices be | ||
minimally
intrusive upon the privacy of the participant
and | ||
other persons residing in the home
while remaining in | ||
compliance with subsections (B) through (D)
of Section 5-8A-4.
| ||
(D) This Section does not apply to persons subject to | ||
Electronic Home
Monitoring or home detention as a term or | ||
condition of parole, aftercare release, or mandatory | ||
supervised release
under subsection (d) of Section 5-8-1 of | ||
this Code.
| ||
(Source: P.A. 98-558, eff. 1-1-14.)
| ||
(730 ILCS 5/5-8A-5.1) | ||
Sec. 5-8A-5.1. Public notice of release on electronic home | ||
monitoring or home detention. The Department of Corrections | ||
must make identification information and a recent photo of an | ||
inmate being placed on electronic home monitoring or home | ||
detention under the provisions of this Article accessible on | ||
the Internet by means of a hyperlink labeled "Community | ||
Notification of Inmate Early Release" on the Department's World | ||
Wide Web homepage. The identification information shall | ||
include the inmate's: name, any known alias, date of birth, | ||
physical characteristics, residence address, commitment | ||
offense and county where conviction was imposed. The | ||
identification information shall be placed on the website | ||
within 3 days of the inmate's release on electronic home |
monitoring or home detention, and the information may not be | ||
removed until either: completion of the first year of mandatory | ||
supervised release or return of the inmate to custody of the | ||
Department.
| ||
(Source: P.A. 96-1110, eff. 7-19-10.) | ||
(730 ILCS 5/5-8A-6)
| ||
Sec. 5-8A-6. Electronic monitoring of certain sex | ||
offenders. For a sexual predator subject to electronic home | ||
monitoring under paragraph (7.7) of subsection (a) of Section | ||
3-3-7, the Department of Corrections must use a system that | ||
actively monitors and identifies the offender's current | ||
location and timely reports or records the offender's presence | ||
and that alerts the Department of the offender's presence | ||
within a prohibited area described in Section 11-9.3 of the | ||
Criminal Code of 2012, in a court order, or as a condition of | ||
the offender's parole, mandatory supervised release, or | ||
extended mandatory supervised release and the offender's | ||
departure from specified geographic limitations. To the extent | ||
that he or she is able to do so, which the Department of | ||
Corrections by rule shall determine, the offender must pay for | ||
the cost of the electronic home monitoring.
| ||
(Source: P.A. 97-1150, eff. 1-25-13.) | ||
(730 ILCS 5/5-8A-7)
| ||
Sec. 5-8A-7. Domestic violence surveillance program. If |
the Prisoner Review Board, Department of Corrections, or court | ||
(the supervising authority) orders electronic surveillance as | ||
a condition of parole, aftercare release, mandatory supervised | ||
release, early release, probation, or conditional discharge | ||
for a violation of an order of protection or as a condition of | ||
bail for a person charged with a violation of an order of | ||
protection, the supervising authority shall use the best | ||
available global positioning technology to track domestic | ||
violence offenders. Best available technology must have | ||
real-time and interactive capabilities that facilitate the | ||
following objectives: (1) immediate notification to the | ||
supervising authority of a breach of a court ordered exclusion | ||
zone; (2) notification of the breach to the offender; and (3) | ||
communication between the supervising authority, law | ||
enforcement, and the victim, regarding the breach. The | ||
supervising authority may also require that the electronic | ||
surveillance ordered under this Section monitor the | ||
consumption of alcohol or drugs.
| ||
(Source: P.A. 98-558, eff. 1-1-14.) | ||
(730 ILCS 5/5-8A-8) | ||
Sec. 5-8A-8. Service of a minimum term of imprisonment. | ||
When an offender is sentenced under a provision of law that | ||
requires the sentence to include a minimum term of imprisonment | ||
and the offender is committed to the custody of the sheriff to | ||
serve the sentence, the sheriff may place the offender in an |
electronic monitoring or home detention program for service of | ||
that minimum term of imprisonment unless (i) the offender was | ||
convicted of an excluded offense or (ii) the court's sentencing | ||
order specifies that the minimum term of imprisonment shall be | ||
served in a county correctional facility.
| ||
(Source: P.A. 98-161, eff. 1-1-14.) | ||
(730 ILCS 5/5-8A-9 new) | ||
Sec. 5-8A-9. Electronic monitoring by probation | ||
departments. If the supervising authority is a probation | ||
department, the Chief Judge of the circuit court may by | ||
administrative order establish a program for electronic | ||
monitoring of offenders, in which a vendor supplies and | ||
monitors the operation of the electronic monitoring device, and | ||
collects the fees on behalf of the county. The program shall | ||
include provisions for indigent offenders and the collection of | ||
unpaid fees and shall not unduly burden the offender and shall | ||
be subject to review by the Chief Judge of the circuit court. | ||
The Chief Judge of the circuit court may suspend any | ||
additional charges or fees for late payment, interest, or | ||
damage to any device.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|