Public Act 095-0696
 		





HB1972 Enrolled
LRB095 10143 RLC 30357 b






    AN ACT concerning criminal law.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Unified Code of Corrections is amended  by 
changing Sections 5-6-3 and 5-6-3.1 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.

    (a) The conditions of probation and of conditional 
discharge shall be
that the person:


        (1) not violate any criminal statute of any 
    jurisdiction;


        (2) report to or appear in person before such person or 
    agency as
directed by the court;


        (3) refrain from possessing a firearm or other 
    dangerous weapon;


        (4) not leave the State without the consent of the 
    court or, in
circumstances in which the reason for the 
    absence is of such an emergency
nature that prior consent 
    by the court is not possible, without the prior

    notification and approval of the person's probation

    officer.  Transfer of a person's probation or conditional 
    discharge
supervision to another state is subject to 
    acceptance by the other state
pursuant to the Interstate 
    Compact for Adult Offender Supervision;


        (5) permit the probation officer to visit
him at his 
    home or elsewhere
to the extent necessary to discharge his 
    duties;


        (6) perform no less than 30 hours of community service 
    and not more than
120 hours of community service, if 
    community service is available in the
jurisdiction and is 
    funded and approved by the county board where the offense

    was committed, where the offense was related to or in 
    furtherance of the
criminal activities of an organized gang 
    and was motivated by the offender's
membership in or 
    allegiance to an organized gang.  The community service 
    shall
include, but not be limited to, the cleanup and 
    repair of any damage caused by
a violation of Section 
    21-1.3 of the Criminal Code of 1961 and similar damage
to 
    property located within the municipality or county in which 
    the violation
occurred.  When possible and reasonable, the 
    community service should be
performed in the offender's 
    neighborhood.  For purposes of this Section,
"organized 
    gang" has the meaning ascribed to it in Section 10 of the 
    Illinois
Streetgang Terrorism Omnibus Prevention Act;


        (7) if he or she is at least 17 years of age and has 
    been sentenced to
probation or conditional discharge for a 
    misdemeanor or felony in a county of
3,000,000 or more 
    inhabitants and has not been previously convicted of a

    misdemeanor or felony, may be required by the sentencing 
    court to attend
educational courses designed to prepare the 
    defendant for a high school diploma
and to work toward a 
    high school diploma or to work toward passing the high

    school level Test of General Educational Development (GED) 
    or to work toward
completing a vocational training program 
    approved by the court.  The person on
probation or 
    conditional discharge must attend a public institution of

    education to obtain the educational or vocational training 
    required by this
clause (7).  The court shall revoke the 
    probation or conditional discharge of a
person who wilfully 
    fails to comply with this clause (7).  The person on

    probation or conditional discharge shall be required to pay 
    for the cost of the
educational courses or GED test, if a 
    fee is charged for those courses or
test.  The court shall 
    resentence the offender whose probation or conditional

    discharge has been revoked as provided in Section 5-6-4.  
    This clause (7) does
not apply to a person who has a high 
    school diploma or has successfully passed
the GED test. 
    This clause (7) does not apply to a person who is 
    determined by
the court to be developmentally disabled or 
    otherwise mentally incapable of
completing the educational 
    or vocational program;


        (8) if convicted of possession of a substance 
    prohibited
by the Cannabis Control Act, 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;


        (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; and
        (9) if convicted of a felony, physically surrender at a 
    time and place
designated by the court, his or her Firearm

    Owner's Identification Card and
any and all firearms in
his 
    or her possession; and


        (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.
    (b) The Court may in addition to other reasonable 
conditions relating to the
nature of the offense or the 
rehabilitation of the defendant as determined for
each 
defendant in the proper discretion of the Court require that 
the person:


        (1) serve a term of periodic imprisonment under Article 
    7 for a
period not to exceed that specified in paragraph 
    (d) of Section 5-7-1;


        (2) pay a fine and costs;


        (3) work or pursue a course of study or vocational 
    training;


        (4) undergo medical, psychological or psychiatric 
    treatment; or treatment
for drug addiction or alcoholism;


        (5) attend or reside in a facility established for the 
    instruction
or residence of defendants on probation;


        (6) support his dependents;


        (7) and in addition, if a minor:


            (i) reside with his parents or in a foster home;


            (ii) attend school;


            (iii) attend a non-residential program for youth;


            (iv) contribute to his own support at home or in a 
        foster home;


            (v) with the consent of the superintendent of the

        facility, attend an educational program at a facility 
        other than the school
in which the
offense was 
        committed if he
or she is convicted of a crime of 
        violence as
defined in
Section 2 of the Crime Victims 
        Compensation Act committed in a school, on the
real

        property
comprising a school, or within 1,000 feet of 
        the real property comprising a
school;


        (8) make restitution as provided in Section 5-5-6 of 
    this Code;


        (9) perform some reasonable public or community 
    service;


        (10) serve a term of home confinement.  In addition to 
    any other
applicable condition of probation or conditional 
    discharge, the
conditions of home confinement shall be that 
    the offender:


            (i) remain within the interior premises of the 
        place designated for
his confinement during the hours 
        designated by the court;


            (ii) admit any person or agent designated by the 
        court into the
offender's place of confinement at any 
        time for purposes of verifying
the offender's 
        compliance with the conditions of his confinement; and


            (iii) if further deemed necessary by the court or 
        the
Probation or
Court Services Department, be placed 
        on an approved
electronic monitoring device, subject 
        to Article 8A of Chapter V;


            (iv) for persons convicted of any alcohol, 
        cannabis or controlled
substance violation who are 
        placed on an approved monitoring device as a
condition 
        of probation or conditional discharge, the court shall 
        impose a
reasonable fee for each day of the use of the 
        device, as established by the
county board in 
        subsection (g) of this Section, unless after 
        determining the
inability of the offender to pay the 
        fee, the court assesses a lesser fee or no
fee as the 
        case may be. This fee shall be imposed in addition to 
        the fees
imposed under subsections (g) and (i) of this 
        Section. The fee shall be
collected by the clerk of the 
        circuit court.  The clerk of the circuit
court shall pay 
        all monies collected from this fee to the county 
        treasurer
for deposit in the substance abuse services 
        fund under Section 5-1086.1 of
the Counties Code; and


            (v) for persons convicted of offenses other than 
        those referenced in
clause (iv) above and who are 
        placed on an approved monitoring device as a
condition 
        of probation or conditional discharge, the court shall 
        impose
a reasonable fee for each day of the use of the 
        device, as established by the
county board in 
        subsection (g) of this Section, unless after 
        determining the
inability of the defendant to pay the 
        fee, the court assesses a lesser fee or
no fee as the 
        case may be.  This fee shall be imposed in addition to 
        the fees
imposed under subsections (g) and (i) of this 
        Section.  The fee
shall be collected by the clerk of the 
        circuit court.  The clerk of the circuit
court shall pay 
        all monies collected from this fee
to the county 
        treasurer who shall use the monies collected to defray 
        the
costs of corrections.  The county treasurer shall 
        deposit the fee
collected in the county working cash 
        fund under Section 6-27001 or Section
6-29002 of the 
        Counties Code, as the case may be.


        (11) comply with the terms and conditions of an order 
    of protection issued
by the court pursuant to the Illinois 
    Domestic Violence Act of 1986,
as now or hereafter amended, 
    or an order of protection issued by the court of
another 
    state, tribe, or United States territory. A copy of the 
    order of
protection shall be
transmitted to the probation 
    officer or agency
having responsibility for the case;


        (12) reimburse any "local anti-crime program" as 
    defined in Section 7
of the Anti-Crime Advisory Council Act 
    for any reasonable expenses incurred
by the program on the 
    offender's case, not to exceed the maximum amount of
the 
    fine authorized for the offense for which the defendant was 
    sentenced;


        (13) contribute a reasonable sum of money, not to 
    exceed the maximum
amount of the fine authorized for the

    offense for which the defendant was sentenced, (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.


    (c) The court may as a condition of probation or of 
conditional
discharge require that a person under 18 years of 
age found guilty of any
alcohol, cannabis or controlled 
substance violation, refrain from acquiring
a driver's license 
during
the period of probation or conditional discharge.  If 
such person
is in possession of a permit or license, the court 
may require that
the minor refrain from driving or operating 
any motor vehicle during the
period of probation or conditional 
discharge, except as may be necessary in
the course of the 
minor's lawful employment.


    (d) An offender sentenced to probation or to conditional 
discharge
shall be given a certificate setting forth the 
conditions thereof.


    (e) Except where the offender has committed a fourth or 
subsequent
violation of subsection (c) of Section 6-303 of the 
Illinois Vehicle Code,
the court shall not require as a 
condition of the sentence of
probation or conditional discharge 
that the offender be committed to a
period of imprisonment in 
excess of 6 months.
This 6 month limit shall not include 
periods of confinement given pursuant to
a sentence of county 
impact incarceration under Section 5-8-1.2.
This 6 month limit 
does not apply to a person sentenced to probation as a
result 
of a conviction of a fourth or subsequent violation of 
subsection (c-4)
of Section 11-501 of the Illinois Vehicle Code 
or a similar provision of a
local ordinance.


    Persons committed to imprisonment as a condition of 
probation or
conditional discharge shall not be committed to 
the Department of
Corrections.


    (f) The court may combine a sentence of periodic 
imprisonment under
Article 7 or a sentence to a county impact 
incarceration program under
Article 8 with a sentence of 
probation or conditional discharge.


    (g) An offender sentenced to probation or to conditional 
discharge and
who during the term of either undergoes mandatory 
drug or alcohol testing,
or both, or is assigned to be placed 
on an approved electronic monitoring
device, shall be ordered 
to pay all costs incidental to such mandatory drug
or alcohol 
testing, or both, and all costs
incidental to such approved 
electronic monitoring in accordance with the
defendant's 
ability to pay those costs.  The county board with
the 
concurrence of the Chief Judge of the judicial
circuit in which 
the county is located shall establish reasonable fees for
the 
cost of maintenance, testing, and incidental expenses related 
to the
mandatory drug or alcohol testing, or both, and all 
costs incidental to
approved electronic monitoring, involved 
in a successful probation program
for the county.  The 
concurrence of the Chief Judge shall be in the form of
an 
administrative order.
The fees shall be collected by the clerk 
of the circuit court.  The clerk of
the circuit court shall pay 
all moneys collected from these fees to the county
treasurer 
who shall use the moneys collected to defray the costs of
drug 
testing, alcohol testing, and electronic monitoring.
The 
county treasurer shall deposit the fees collected in the
county 
working cash fund under Section 6-27001 or Section 6-29002 of 
the
Counties Code, as the case may be.


    (h) Jurisdiction over an offender may be transferred from 
the
sentencing court to the court of another circuit with the 
concurrence of
both courts.  Further transfers or retransfers of

jurisdiction are also
authorized in the same manner.  The court 
to which jurisdiction has been
transferred shall have the same 
powers as the sentencing court.


    (i) The court shall impose upon an offender
sentenced to 
probation after January 1, 1989 or to conditional discharge

after January 1, 1992  or to community service under the 
supervision of a
probation or court services department after 
January 1, 2004, as a condition of such probation or 
conditional
discharge or supervised community service, a fee of 
$50
 for each month of probation or
conditional
discharge 
supervision or supervised community service ordered by the 
court, unless after
determining the inability of the person 
sentenced to probation or conditional
discharge or supervised 
community service to pay the
fee, the court assesses a lesser 
fee. The court may not impose the fee on a
minor who is made a 
ward of the State under the Juvenile Court Act of 1987
while 
the minor is in placement.
The fee shall be imposed only upon

an offender who is actively supervised by the
probation and 
court services
department.  The fee shall be collected by the 
clerk
of the circuit court.  The clerk of the circuit court 
shall pay all monies


collected from this fee to the county 
treasurer for deposit in the
probation and court services fund 
under Section 15.1 of the
Probation and Probation Officers Act.

    A circuit court may not impose a probation fee under this 
subsection (i) in excess of $25
per month unless: (1) the 
circuit court has adopted, by administrative
order issued by 
the chief judge, a standard probation fee guide
determining an 
offender's ability to pay, under guidelines developed by
the 
Administrative
Office of the Illinois Courts; and (2) the 
circuit court has authorized, by
administrative order issued by 
the chief judge, the creation of a Crime
Victim's Services 
Fund, to be administered by the Chief Judge or his or
her 
designee, for services to crime victims and their families. Of 
the
amount collected as a probation fee, up to $5 of that fee

collected per month may be used to provide services to crime 
victims
and their families.


    This amendatory Act of the 93rd General Assembly deletes 
the $10 increase in the fee  under this subsection that was  
imposed by Public Act 93-616. This deletion is intended to 
control over any other Act of the 93rd General Assembly that 
retains or incorporates that fee increase.
    (i-5) In addition to the fees imposed under subsection (i) 
of this Section,  in the case of an offender convicted of a 
felony sex offense (as defined in the Sex Offender Management 
Board Act) or an offense that the court or probation department 
has determined to be sexually motivated (as defined in the Sex 
Offender Management Board Act), the court or the probation 
department shall assess additional fees to pay for all costs of 
treatment, assessment, evaluation for risk and treatment, and 
monitoring the offender, based on that offender's ability to 
pay those costs either as they occur or under a payment plan.
    (j) All fines and costs imposed under this Section for any 
violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle 
Code, or a similar
provision of a local ordinance, and any 
violation of the Child Passenger
Protection Act, or a similar 
provision of a local ordinance, shall be
collected and 
disbursed by the circuit clerk as provided under Section 27.5

of the Clerks of Courts Act.


    (k) Any offender who is   sentenced to probation or 
conditional discharge for a felony sex offense as defined in 
the Sex Offender Management Board Act or any offense that the 
court or probation department has determined to be sexually 
motivated as defined in the Sex Offender Management Board Act 
shall be required to refrain from any contact, directly or 
indirectly, with any persons specified by the court and shall 
be available for all evaluations and treatment programs 
required by the court or the probation department.

(Source: P.A. 93-475, eff. 8-8-03; 93-616, eff. 1-1-04; 93-970, 
eff. 8-20-04; 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; 
94-556, eff. 9-11-05; revised 8-19-05.)

 



    (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 where a 
disposition of supervision is not prohibited by Section
5-6-1 
of this Code.
 The
community service shall include, but not be 
limited to, the cleanup and repair
of any damage caused by 
violation of Section 21-1.3 of the Criminal Code of
1961 and 
similar damages to property located within the municipality or 
county
in which the violation occurred.  Where possible and 
reasonable, the community
service should be performed in the 
offender's neighborhood.

    For the purposes of this
Section, "organized gang" has the 
meaning ascribed to it in Section 10 of the
Illinois Streetgang 
Terrorism Omnibus Prevention Act.

    (c) The court may in addition to other reasonable 
conditions
relating to the nature of the offense or the 
rehabilitation of the
defendant as determined for each 
defendant in the proper discretion of
the court require that 
the person:


        (1) make a report to and appear in person before or 
    participate with
the court or such courts, person, or 
    social service agency as directed
by the court in the order 
    of supervision;


        (2) pay a fine and costs;


        (3) work or pursue a course of study or vocational 
    training;


        (4) undergo medical, psychological or psychiatric 
    treatment; or
treatment for drug addiction or alcoholism;


        (5) attend or reside in a facility established for the 
    instruction
or residence of defendants on probation;


        (6) support his dependents;


        (7) refrain from possessing a firearm or other 
    dangerous weapon;


        (8) and in addition, if a minor:


            (i) reside with his parents or in a foster home;


            (ii) attend school;


            (iii) attend a non-residential program for youth;


            (iv) contribute to his own support at home or in a 
        foster home; or


            (v) with the consent of the superintendent of the

        facility, attend an educational program at a facility 
        other than the school
in which the
offense was 
        committed if he
or she is placed on supervision for a 
        crime of violence as
defined in
Section 2 of the Crime 
        Victims Compensation Act committed in a school, on the

        real
property
comprising a school, or within 1,000 feet 
        of the real property comprising a
school;


        (9) make restitution or reparation in an amount not to 
    exceed actual
loss or damage to property and pecuniary loss 
    or make restitution under Section
5-5-6 to a domestic 
    violence shelter.  The court shall
determine the amount and 
    conditions of payment;


        (10) perform some reasonable public or community 
    service;


        (11) comply with the terms and conditions of an order 
    of protection
issued by the court pursuant to the Illinois 
    Domestic Violence Act of 1986 or
an order of protection 
    issued by the court of another state, tribe, or United

    States territory.
If the court has ordered the defendant to 
    make a report and appear in
person under paragraph (1) of 
    this subsection, a copy of the order of
protection shall be 
    transmitted to the person or agency so designated
by the 
    court;


        (12) reimburse any "local anti-crime program" as 
    defined in Section 7 of
the Anti-Crime Advisory Council Act 
    for any reasonable expenses incurred by the
program on the 
    offender's case, not to exceed the maximum amount of the

    fine authorized for the offense for which the defendant was 
    sentenced;


        (13) contribute a reasonable sum of money, not to

    exceed the maximum amount of the fine authorized for the 
    offense for which
the defendant was sentenced, (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.
    (d) The court shall defer entering any judgment on the 
charges
until the conclusion of the supervision.

    (e) At the conclusion of the period of supervision, if the 
court
determines that the defendant has successfully complied 
with all of the
conditions of supervision, the court shall 
discharge the defendant and
enter a judgment dismissing the 
charges.

    (f) Discharge and dismissal upon a successful conclusion of 
a
disposition of supervision shall be deemed without 
adjudication of guilt
and shall not be termed a conviction for 
purposes of disqualification or
disabilities imposed by law 
upon conviction of a crime.  Two years after the
discharge and 
dismissal under this Section, unless the disposition of

supervision was for a violation of Sections 3-707, 3-708, 
3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a 
similar
provision of a local ordinance, or for a violation of 
Sections 12-3.2
or 16A-3 of the Criminal Code of 1961, in which 
case it shall be 5
years after discharge and dismissal, a 
person may have his record
of arrest sealed or expunged as may 
be provided by law.  However, any
defendant placed on 
supervision before January 1, 1980, may move for
sealing or 
expungement of his arrest record, as provided by law, at any

time after discharge and dismissal under this Section.
A person 
placed on supervision for a sexual offense committed against a 
minor
as defined in subsection (g) of Section 5 of the Criminal 
Identification Act
or for a violation of Section 11-501 of the 
Illinois Vehicle Code or a
similar provision of a local 
ordinance
shall not have his or her record of arrest sealed or 
expunged.

    (g) A defendant placed on supervision and who during the 
period of
supervision undergoes mandatory drug or alcohol 
testing, or both, or is
assigned to be placed on an approved 
electronic monitoring device, shall be
ordered to pay the costs 
incidental to such mandatory drug or alcohol
testing, or both, 
and costs incidental to such approved electronic
monitoring in 
accordance with the defendant's ability to pay those costs.
The 
county board with the concurrence of the Chief Judge of the 
judicial
circuit in which the county is located shall establish 
reasonable fees for
the cost of maintenance, testing, and 
incidental expenses related to the
mandatory drug or alcohol 
testing, or both, and all costs incidental to
approved 
electronic monitoring, of all defendants placed on 
supervision.
The concurrence of the Chief Judge shall be in the 
form of an
administrative order.
The fees shall be collected by 
the clerk of the circuit court.  The clerk of
the circuit court 
shall pay all moneys collected from these fees to the county

treasurer who shall use the moneys collected to defray the 
costs of
drug testing, alcohol testing, and electronic 
monitoring.
The county treasurer shall deposit the fees 
collected in the
county working cash fund under Section 6-27001 
or Section 6-29002 of the
Counties Code, as the case may be.

    (h) A disposition of supervision is a final order for the 
purposes
of appeal.

    (i) The court shall impose upon a defendant placed on 
supervision
after January 1, 1992 or to community service under 
the supervision of a
probation or court services department 
after January 1, 2004, as a condition
of supervision or 
supervised community service, a fee of $50 for
each month of 
supervision or supervised community service ordered by the

court, unless after
determining the inability of the person 
placed on supervision or supervised
community service to pay 
the
fee, the court assesses a lesser fee. The court may not 
impose the fee on a
minor who is made a ward of the State under 
the Juvenile Court Act of 1987
while the minor is in placement.

The fee shall be imposed only upon a
defendant who is actively 
supervised by the
probation and court services
department.  The 
fee shall be collected by the clerk of the circuit court.
The 
clerk of the circuit court shall pay all monies collected from 
this fee
to the county treasurer for deposit in the probation 
and court services
fund pursuant to Section 15.1 of the 
Probation and
Probation Officers Act.

    A circuit court may not impose a probation fee in excess of 
$25
per month unless: (1) the circuit court has adopted, by 
administrative
order issued by the chief judge, a standard 
probation fee guide
determining an offender's ability to pay, 
under guidelines developed by
the Administrative
Office of the 
Illinois Courts; and (2) the circuit court has authorized, by

administrative order issued by the chief judge, the creation of 
a Crime
Victim's Services Fund, to be administered by the Chief 
Judge or his or
her designee, for services to crime victims and 
their families. Of the
amount collected as a probation fee, not 
to exceed $5 of that fee
collected per month may be used to 
provide services to crime victims
and their families.

    (j) All fines and costs imposed under this Section for any

violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle 
Code, or a
similar provision of a local ordinance, and any 
violation of the Child
Passenger Protection Act, or a similar 
provision of a local ordinance, shall
be collected and 
disbursed by the circuit clerk as provided under Section
27.5 
of the Clerks of Courts Act.

    (k) A defendant at least 17 years of age who is placed on 
supervision
for a misdemeanor in a county of 3,000,000 or more 
inhabitants
and who has not been previously convicted of a 
misdemeanor or felony
may as a condition of his or her 
supervision be required by the court to
attend educational 
courses designed to prepare the defendant for a high school

diploma and to work toward a high school diploma or to work 
toward passing the
high school level Test of General 
Educational Development (GED) or to work
toward completing a 
vocational training program approved by the court.  The

defendant placed on supervision must attend a public 
institution of education
to obtain the educational or 
vocational training required by this subsection
(k).  The 
defendant placed on supervision shall be required to pay for 
the cost
of the educational courses or GED test, if a fee is 
charged for those courses
or test.  The court shall revoke the 
supervision of a person who wilfully fails
to comply with this 
subsection (k).  The court shall resentence the defendant
upon 
revocation of supervision as provided in Section 5-6-4.  This 
subsection
(k) does not apply to a defendant who has a high 
school diploma or has
successfully passed the GED test. This 
subsection (k) does not apply to a
defendant who is determined 
by the court to be developmentally disabled or
otherwise 
mentally incapable of completing the
educational or vocational 
program.

    (l) The court shall require a defendant placed on 
supervision for
possession of a substance
prohibited by the 
Cannabis Control Act, 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 
one year after the date the proof is first filed.
The proof 
shall be limited to a single action per arrest and may not be

affected by any post-sentence disposition.  The Secretary of 
State shall
suspend the driver's license of any person

determined by the Secretary to be in violation of this 
subsection.
    (n) Any offender placed on supervision for any offense that 
the court or probation department has determined to be sexually 
motivated as defined in the Sex Offender Management Board Act 
shall be required to refrain from any contact, directly or 
indirectly, with any persons specified by the court and shall 
be available for all evaluations and treatment programs 
required by the court or the probation department.


    (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.
(Source: P.A. 93-475, eff. 8-8-03; 93-970, eff. 8-20-04; 
94-159, eff. 7-11-05; 94-161, eff. 7-11-05; 94-556, eff. 
9-11-05; revised 8-19-05.)






Effective Date:  6/1/2008