Illinois General Assembly - Full Text of Public Act 096-0688
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Public Act 096-0688


 

Public Act 0688 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0688
 
HB2660 Enrolled LRB096 08967 RLC 19105 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    (30 ILCS 105/5.710 rep.)
    Section 5. The State Finance Act is amended by repealing
Section 5.710 added by Public Act 95-773.
 
    Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Section 110-5 as follows:
 
    (725 ILCS 5/110-5)  (from Ch. 38, par. 110-5)
    Sec. 110-5. Determining the amount of bail and conditions
of release.
    (a) In determining the amount of monetary bail or
conditions of release, if any, which will reasonably assure the
appearance of a defendant as required or the safety of any
other person or the community and the likelihood of compliance
by the defendant with all the conditions of bail, the court
shall, on the basis of available information, take into account
such matters as the nature and circumstances of the offense
charged, whether the evidence shows that as part of the offense
there was a use of violence or threatened use of violence,
whether the offense involved corruption of public officials or
employees, whether there was physical harm or threats of
physical harm to any public official, public employee, judge,
prosecutor, juror or witness, senior citizen, child or
handicapped person, whether evidence shows that during the
offense or during the arrest the defendant possessed or used a
firearm, machine gun, explosive or metal piercing ammunition or
explosive bomb device or any military or paramilitary armament,
whether the evidence shows that the offense committed 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, the condition of the
victim, any written statement submitted by the victim or
proffer or representation by the State regarding the impact
which the alleged criminal conduct has had on the victim and
the victim's concern, if any, with further contact with the
defendant if released on bail, whether the offense was based on
racial, religious, sexual orientation or ethnic hatred, the
likelihood of the filing of a greater charge, the likelihood of
conviction, the sentence applicable upon conviction, the
weight of the evidence against such defendant, whether there
exists motivation or ability to flee, whether there is any
verification as to prior residence, education, or family ties
in the local jurisdiction, in another county, state or foreign
country, the defendant's employment, financial resources,
character and mental condition, past conduct, prior use of
alias names or dates of birth, and length of residence in the
community, the consent of the defendant to periodic drug
testing in accordance with Section 110-6.5, whether a foreign
national defendant is lawfully admitted in the United States of
America, whether the government of the foreign national
maintains an extradition treaty with the United States by which
the foreign government will extradite to the United States its
national for a trial for a crime allegedly committed in the
United States, whether the defendant is currently subject to
deportation or exclusion under the immigration laws of the
United States, whether the defendant, although a United States
citizen, is considered under the law of any foreign state a
national of that state for the purposes of extradition or
non-extradition to the United States, the amount of unrecovered
proceeds lost as a result of the alleged offense, the source of
bail funds tendered or sought to be tendered for bail, whether
from the totality of the court's consideration, the loss of
funds posted or sought to be posted for bail will not deter the
defendant from flight, whether the evidence shows that the
defendant is engaged in significant possession, manufacture,
or delivery of a controlled substance or cannabis, either
individually or in consort with others, whether at the time of
the offense charged he was on bond or pre-trial release pending
trial, probation, periodic imprisonment or conditional
discharge pursuant to this Code or the comparable Code of any
other state or federal jurisdiction, whether the defendant is
on bond or pre-trial release pending the imposition or
execution of sentence or appeal of sentence for any offense
under the laws of Illinois or any other state or federal
jurisdiction, whether the defendant is under parole or
mandatory supervised release or work release from the Illinois
Department of Corrections or any penal institution or
corrections department of any state or federal jurisdiction,
the defendant's record of convictions, whether the defendant
has been convicted of a misdemeanor or ordinance offense in
Illinois or similar offense in other state or federal
jurisdiction within the 10 years preceding the current charge
or convicted of a felony in Illinois, whether the defendant was
convicted of an offense in another state or federal
jurisdiction that would be a felony if committed in Illinois
within the 20 years preceding the current charge or has been
convicted of such felony and released from the penitentiary
within 20 years preceding the current charge if a penitentiary
sentence was imposed in Illinois or other state or federal
jurisdiction, the defendant's records of juvenile adjudication
of delinquency in any jurisdiction, any record of appearance or
failure to appear by the defendant at court proceedings,
whether there was flight to avoid arrest or prosecution,
whether the defendant escaped or attempted to escape to avoid
arrest, whether the defendant refused to identify himself, or
whether there was a refusal by the defendant to be
fingerprinted as required by law. Information used by the court
in its findings or stated in or offered in connection with this
Section may be by way of proffer based upon reliable
information offered by the State or defendant. All evidence
shall be admissible if it is relevant and reliable regardless
of whether it would be admissible under the rules of evidence
applicable at criminal trials. If the State presents evidence
that the offense committed by the defendant 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, and if the court determines that the
evidence may be substantiated, the court shall prohibit the
defendant from associating with other members of the organized
gang as a condition of bail or release. 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.
    (b) The amount of bail shall be:
        (1) Sufficient to assure compliance with the
    conditions set forth in the bail bond, which shall include
    the defendant's current address with a written
    admonishment to the defendant that he or she must comply
    with the provisions of Section 110-12 regarding any change
    in his or her address. The defendant's address shall at all
    times remain a matter of public record with the clerk of
    the court.
        (2) Not oppressive.
        (3) Considerate of the financial ability of the
    accused.
        (4) When a person is charged with a drug related
    offense involving possession or delivery of cannabis or
    possession or delivery of a controlled substance as defined
    in the Cannabis Control Act, the Illinois Controlled
    Substances Act, or the Methamphetamine Control and
    Community Protection Act, the full street value of the
    drugs seized shall be considered. "Street value" shall be
    determined by the court on the basis of a proffer by the
    State based upon reliable information of a law enforcement
    official contained in a written report as to the amount
    seized and such proffer may be used by the court as to the
    current street value of the smallest unit of the drug
    seized.
    (b-5) Upon the filing of a written request demonstrating
reasonable cause, the State's Attorney may request a source of
bail hearing either before or after the posting of any funds.
If the hearing is granted, before the posting of any bail, the
accused must file a written notice requesting that the court
conduct a source of bail hearing. The notice must be
accompanied by justifying affidavits stating the legitimate
and lawful source of funds for bail. At the hearing, the court
shall inquire into any matters stated in any justifying
affidavits, and may also inquire into matters appropriate to
the determination which shall include, but are not limited to,
the following:
        (1) the background, character, reputation, and
    relationship to the accused of any surety; and
        (2) the source of any money or property deposited by
    any surety, and whether any such money or property
    constitutes the fruits of criminal or unlawful conduct; and
        (3) the source of any money posted as cash bail, and
    whether any such money constitutes the fruits of criminal
    or unlawful conduct; and
        (4) the background, character, reputation, and
    relationship to the accused of the person posting cash
    bail.
    Upon setting the hearing, the court shall examine, under
oath, any persons who may possess material information.
    The State's Attorney has a right to attend the hearing, to
call witnesses and to examine any witness in the proceeding.
The court shall, upon request of the State's Attorney, continue
the proceedings for a reasonable period to allow the State's
Attorney to investigate the matter raised in any testimony or
affidavit. If the hearing is granted after the accused has
posted bail, the court shall conduct a hearing consistent with
this subsection (b-5). At the conclusion of the hearing, the
court must issue an order either approving of disapproving the
bail.
    (c) When a person is charged with an offense punishable by
fine only the amount of the bail shall not exceed double the
amount of the maximum penalty.
    (d) When a person has been convicted of an offense and only
a fine has been imposed the amount of the bail shall not exceed
double the amount of the fine.
    (e) The State may appeal any order granting bail or setting
a given amount for bail.
    (f) When a person is charged with a violation of an order
of protection under Section 12-30 of the Criminal Code of 1961,
        (1) whether the alleged incident involved harassment
    or abuse, as defined in the Illinois Domestic Violence Act
    of 1986;
        (2) whether the person has a history of domestic
    violence, as defined in the Illinois Domestic Violence Act,
    or a history of other criminal acts;
        (3) based on the mental health of the person;
        (4) whether the person has a history of violating the
    orders of any court or governmental entity;
        (5) whether the person has been, or is, potentially a
    threat to any other person;
        (6) whether the person has access to deadly weapons or
    a history of using deadly weapons;
        (7) whether the person has a history of abusing alcohol
    or any controlled substance;
        (8) based on the severity of the alleged incident that
    is the basis of the alleged offense, including, but not
    limited to, the duration of the current incident, and
    whether the alleged incident involved physical injury,
    sexual assault, strangulation, abuse during the alleged
    victim's pregnancy, abuse of pets, or forcible entry to
    gain access to the alleged victim;
        (9) whether a separation of the person from the alleged
    victim or a termination of the relationship between the
    person and the alleged victim has recently occurred or is
    pending;
        (10) whether the person has exhibited obsessive or
    controlling behaviors toward the alleged victim,
    including, but not limited to, stalking, surveillance, or
    isolation of the alleged victim or victim's family member
    or members;
        (11) whether the person has expressed suicidal or
    homicidal ideations;
        (12) based on any information contained in the
    complaint and any police reports, affidavits, or other
    documents accompanying the complaint,
the court may, in its discretion, shall order the respondent to
undergo a risk assessment evaluation conducted by at an
Illinois Department of Human Services protocol approved
partner abuse intervention program provider, pretrial service,
probation, or parole agency. These agencies shall have access
to summaries of the defendant's criminal history, which shall
not include victim interviews or information, for the risk
evaluation. Based on the information collected from the 12
points to be considered at a bail hearing for a violation of an
order of protection, the results of any risk evaluation
conducted results of the risk assessment and the other
circumstances of the violation, the court may order that the
person, as a condition of bail, be placed under electronic
surveillance as provided in Section 5-8A-7 of the Unified Code
of Corrections.
(Source: P.A. 94-556, eff. 9-11-05; 95-773, eff. 1-1-09.)
 
    Section 15. The Unified Code of Corrections is amended by
changing Sections 5-8A-7 and 5-9-1.16 as follows:
 
    (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, 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. Such capabilities should include
technology that (1) immediately notifies law enforcement or
other monitors of any breach of the court ordered inclusion
zone boundaries; (2) notifies the victim in near-real time of
any breach; (3) allows monitors to speak to the offender
through a cell phone implanted in the bracelet device; and (4)
has a loud alarm that can be activated to warn the potential
victim of the offender's presence in a forbidden zone.
(Source: P.A. 95-773, eff. 1-1-09.)
 
    (730 ILCS 5/5-9-1.16)
    Sec. 5-9-1.16. Protective order violation fees fines.
    (a) There shall be added to every penalty imposed in
sentencing for a violation of an order of protection under
Section 12-30 of the Criminal Code of 1961 an additional fee
fine to be set in an amount not less than $200 to be imposed
upon a plea of guilty or finding of guilty resulting in a
judgment of conviction.
    (b) Such additional amount shall be assessed by the court
imposing sentence and shall be collected by the Circuit Clerk
in addition to the fine, if any, and costs in the case to be
used by the supervising authority in implementing the domestic
violence surveillance program. 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 Probations Officers
Act.
    (c) The supervising authority of a domestic violence
surveillance program under Section 5-8A-7 of this Act shall
assess a person either convicted of, or charged with, the
violation of an order of protection an additional fee to cover
the costs of providing the equipment used and the additional
supervision needed for such domestic violence surveillance
program. If the court finds that the fee would impose an undue
burden on the victim, the court may reduce or waive the fee.
The court shall order that the defendant may not use funds
belonging solely to the victim of the offense for payment of
the fee.
    When the supervising authority is the court or the
probation and court services department, the fee shall be
collected by the circuit court clerk. The clerk of the circuit
court shall pay all monies collected from this fee and all
other required probation fees that are assessed to the county
treasurer for deposit in the probation and court services fund
under Section 15.1 of the Probation and Probations Officers
Act. In counties with a population of 2 million or more, when
the supervising authority is the court or the probation and
court services department, the fee shall be collected by the
supervising authority. In these counties, the supervising
authority shall pay all monies collected from this fee and all
other required probation fees that are assessed, to the county
treasurer for deposit in the probation and court services fund
under Section 15.1 of the Probation and Probation Officers Act.
    When the supervising authority is the Department of
Corrections, the Department shall collect the fee for deposit
into the Illinois Department of Corrections "fund". Each such
additional penalty shall be remitted by the Circuit Clerk
within one month after receipt to the State Treasurer for
deposit into the Domestic Violence Surveillance Fund. The
Circuit Clerk shall retain 10% of such penalty and deposit that
percentage into the Circuit Court Clerk Operation and
Administrative Fund to cover the costs incurred in
administering and enforcing this Section. Such additional
penalty shall not be considered a part of the fine for purposes
of any reduction in the fine for time served either before or
after sentencing.
    (c) Not later than March 1 of each year the Clerk of the
Circuit Court shall submit to the State Comptroller a report of
the amount of funds remitted by him or her to the State
Treasurer under this Section during the preceding calendar
year.
    (d) (Blank). Moneys in the Domestic Violence Surveillance
Fund shall be used by the supervising authority of a respondent
ordered to carry or wear a global positioning system device for
a violation of an order of protection under Section 12-30 of
the Criminal Code of 1961 to offset the costs of such
surveillance of the respondent.
    (e) (Blank). For purposes of this Section "fees of the
Circuit Clerk" shall include, if applicable, the fee provided
for under Section 27.3a of the Clerks of Courts Act and the
fee, if applicable, payable to the county in which the
violation occurred under Section 5-1101 of the Counties Code.
(Source: P.A. 95-773, eff. 1-1-09.)
 
    Section 20. The Probation and Probation Officers Act is
amended by changing Section 15 as follows:
 
    (730 ILCS 110/15)  (from Ch. 38, par. 204-7)
    Sec. 15. (1) The Supreme Court of Illinois may establish a
Division of Probation Services whose purpose shall be the
development, establishment, promulgation, and enforcement of
uniform standards for probation services in this State, and to
otherwise carry out the intent of this Act. The Division may:
        (a) establish qualifications for chief probation
    officers and other probation and court services personnel
    as to hiring, promotion, and training.
        (b) make available, on a timely basis, lists of those
    applicants whose qualifications meet the regulations
    referred to herein, including on said lists all candidates
    found qualified.
        (c) establish a means of verifying the conditions for
    reimbursement under this Act and develop criteria for
    approved costs for reimbursement.
        (d) develop standards and approve employee
    compensation schedules for probation and court services
    departments.
        (e) employ sufficient personnel in the Division to
    carry out the functions of the Division.
        (f) establish a system of training and establish
    standards for personnel orientation and training.
        (g) develop standards for a system of record keeping
    for cases and programs, gather statistics, establish a
    system of uniform forms, and develop research for planning
    of Probation Services.
        (h) develop standards to assure adequate support
    personnel, office space, equipment and supplies, travel
    expenses, and other essential items necessary for
    Probation and Court Services Departments to carry out their
    duties.
        (i) review and approve annual plans submitted by
    Probation and Court Services Departments.
        (j) monitor and evaluate all programs operated by
    Probation and Court Services Departments, and may include
    in the program evaluation criteria such factors as the
    percentage of Probation sentences for felons convicted of
    Probationable offenses.
        (k) seek the cooperation of local and State government
    and private agencies to improve the quality of probation
    and court services.
        (l) where appropriate, establish programs and
    corresponding standards designed to generally improve the
    quality of probation and court services and reduce the rate
    of adult or juvenile offenders committed to the Department
    of Corrections.
        (m) establish such other standards and regulations and
    do all acts necessary to carry out the intent and purposes
    of this Act.
    The Division shall (n) develop standards to implement the
Domestic Violence Surveillance Program established under
Section 5-8A-7 of the Unified Code of Corrections, including
(i) procurement of equipment and other services necessary to
implement the program and (ii) development of uniform standards
for the delivery of the program through county probation
departments, and develop standards for collecting data to
evaluate the impact and costs of the Domestic Violence
Surveillance Program.
    The Division shall establish a model list of structured
intermediate sanctions that may be imposed by a probation
agency for violations of terms and conditions of a sentence of
probation, conditional discharge, or supervision.
    The State of Illinois shall provide for the costs of
personnel, travel, equipment, telecommunications, postage,
commodities, printing, space, contractual services and other
related costs necessary to carry out the intent of this Act.
    (2) (a) The chief judge of each circuit shall provide
full-time probation services for all counties within the
circuit, in a manner consistent with the annual probation plan,
the standards, policies, and regulations established by the
Supreme Court. A probation district of two or more counties
within a circuit may be created for the purposes of providing
full-time probation services. Every county or group of counties
within a circuit shall maintain a probation department which
shall be under the authority of the Chief Judge of the circuit
or some other judge designated by the Chief Judge. The Chief
Judge, through the Probation and Court Services Department
shall submit annual plans to the Division for probation and
related services.
    (b) The Chief Judge of each circuit shall appoint the Chief
Probation Officer and all other probation officers for his or
her circuit from lists of qualified applicants supplied by the
Supreme Court. Candidates for chief managing officer and other
probation officer positions must apply with both the Chief
Judge of the circuit and the Supreme Court.
    (3) A Probation and Court Service Department shall apply to
the Supreme Court for funds for basic services, and may apply
for funds for new and expanded programs or Individualized
Services and Programs. Costs shall be reimbursed monthly based
on a plan and budget approved by the Supreme Court. No
Department may be reimbursed for costs which exceed or are not
provided for in the approved annual plan and budget. After the
effective date of this amendatory Act of 1985, each county must
provide basic services in accordance with the annual plan and
standards created by the division. No department may receive
funds for new or expanded programs or individualized services
and programs unless they are in compliance with standards as
enumerated in paragraph (h) of subsection (1) of this Section,
the annual plan, and standards for basic services.
    (4) The Division shall reimburse the county or counties for
probation services as follows:
        (a) 100% of the salary of all chief managing officers
    designated as such by the Chief Judge and the division.
        (b) 100% of the salary for all probation officer and
    supervisor positions approved for reimbursement by the
    division after April 1, 1984, to meet workload standards
    and to implement intensive sanction and probation
    supervision programs and other basic services as defined in
    this Act.
        (c) 100% of the salary for all secure detention
    personnel and non-secure group home personnel approved for
    reimbursement after December 1, 1990. For all such
    positions approved for reimbursement before December 1,
    1990, the counties shall be reimbursed $1,250 per month
    beginning July 1, 1995, and an additional $250 per month
    beginning each July 1st thereafter until the positions
    receive 100% salary reimbursement. Allocation of such
    positions will be based on comparative need considering
    capacity, staff/resident ratio, physical plant and
    program.
        (d) $1,000 per month for salaries for the remaining
    probation officer positions engaged in basic services and
    new or expanded services. All such positions shall be
    approved by the division in accordance with this Act and
    division standards.
        (e) 100% of the travel expenses in accordance with
    Division standards for all Probation positions approved
    under paragraph (b) of subsection 4 of this Section.
        (f) If the amount of funds reimbursed to the county
    under paragraphs (a) through (e) of subsection 4 of this
    Section on an annual basis is less than the amount the
    county had received during the 12 month period immediately
    prior to the effective date of this amendatory Act of 1985,
    then the Division shall reimburse the amount of the
    difference to the county. The effect of paragraph (b) of
    subsection 7 of this Section shall be considered in
    implementing this supplemental reimbursement provision.
    (5) The Division shall provide funds beginning on April 1,
1987 for the counties to provide Individualized Services and
Programs as provided in Section 16 of this Act.
    (6) A Probation and Court Services Department in order to
be eligible for the reimbursement must submit to the Supreme
Court an application containing such information and in such a
form and by such dates as the Supreme Court may require.
Departments to be eligible for funding must satisfy the
following conditions:
        (a) The Department shall have on file with the Supreme
    Court an annual Probation plan for continuing, improved,
    and new Probation and Court Services Programs approved by
    the Supreme Court or its designee. This plan shall indicate
    the manner in which Probation and Court Services will be
    delivered and improved, consistent with the minimum
    standards and regulations for Probation and Court
    Services, as established by the Supreme Court. In counties
    with more than one Probation and Court Services Department
    eligible to receive funds, all Departments within that
    county must submit plans which are approved by the Supreme
    Court.
        (b) The annual probation plan shall seek to generally
    improve the quality of probation services and to reduce the
    commitment of adult offenders to the Department of
    Corrections and to reduce the commitment of juvenile
    offenders to the Department of Juvenile Justice and shall
    require, when appropriate, coordination with the
    Department of Corrections, the Department of Juvenile
    Justice, and the Department of Children and Family Services
    in the development and use of community resources,
    information systems, case review and permanency planning
    systems to avoid the duplication of services.
        (c) The Department shall be in compliance with
    standards developed by the Supreme Court for basic, new and
    expanded services, training, personnel hiring and
    promotion.
        (d) The Department shall in its annual plan indicate
    the manner in which it will support the rights of crime
    victims and in which manner it will implement Article I,
    Section 8.1 of the Illinois Constitution and in what manner
    it will coordinate crime victims' support services with
    other criminal justice agencies within its jurisdiction,
    including but not limited to, the State's Attorney, the
    Sheriff and any municipal police department.
    (7) No statement shall be verified by the Supreme Court or
its designee or vouchered by the Comptroller unless each of the
following conditions have been met:
        (a) The probation officer is a full-time employee
    appointed by the Chief Judge to provide probation services.
        (b) The probation officer, in order to be eligible for
    State reimbursement, is receiving a salary of at least
    $17,000 per year.
        (c) The probation officer is appointed or was
    reappointed in accordance with minimum qualifications or
    criteria established by the Supreme Court; however, all
    probation officers appointed prior to January 1, 1978,
    shall be exempted from the minimum requirements
    established by the Supreme Court. Payments shall be made to
    counties employing these exempted probation officers as
    long as they are employed in the position held on the
    effective date of this amendatory Act of 1985. Promotions
    shall be governed by minimum qualifications established by
    the Supreme Court.
        (d) The Department has an established compensation
    schedule approved by the Supreme Court. The compensation
    schedule shall include salary ranges with necessary
    increments to compensate each employee. The increments
    shall, within the salary ranges, be based on such factors
    as bona fide occupational qualifications, performance, and
    length of service. Each position in the Department shall be
    placed on the compensation schedule according to job duties
    and responsibilities of such position. The policy and
    procedures of the compensation schedule shall be made
    available to each employee.
    (8) In order to obtain full reimbursement of all approved
costs, each Department must continue to employ at least the
same number of probation officers and probation managers as
were authorized for employment for the fiscal year which
includes January 1, 1985. This number shall be designated as
the base amount of the Department. No positions approved by the
Division under paragraph (b) of subsection 4 will be included
in the base amount. In the event that the Department employs
fewer Probation officers and Probation managers than the base
amount for a period of 90 days, funding received by the
Department under subsection 4 of this Section may be reduced on
a monthly basis by the amount of the current salaries of any
positions below the base amount.
    (9) Before the 15th day of each month, the treasurer of any
county which has a Probation and Court Services Department, or
the treasurer of the most populous county, in the case of a
Probation or Court Services Department funded by more than one
county, shall submit an itemized statement of all approved
costs incurred in the delivery of Basic Probation and Court
Services under this Act to the Supreme Court. The treasurer may
also submit an itemized statement of all approved costs
incurred in the delivery of new and expanded Probation and
Court Services as well as Individualized Services and Programs.
The Supreme Court or its designee shall verify compliance with
this Section and shall examine and audit the monthly statement
and, upon finding them to be correct, shall forward them to the
Comptroller for payment to the county treasurer. In the case of
payment to a treasurer of a county which is the most populous
of counties sharing the salary and expenses of a Probation and
Court Services Department, the treasurer shall divide the money
between the counties in a manner that reflects each county's
share of the cost incurred by the Department.
    (10) The county treasurer must certify that funds received
under this Section shall be used solely to maintain and improve
Probation and Court Services. The county or circuit shall
remain in compliance with all standards, policies and
regulations established by the Supreme Court. If at any time
the Supreme Court determines that a county or circuit is not in
compliance, the Supreme Court shall immediately notify the
Chief Judge, county board chairman and the Director of Court
Services Chief Probation Officer. If after 90 days of written
notice the noncompliance still exists, the Supreme Court shall
be required to reduce the amount of monthly reimbursement by
10%. An additional 10% reduction of monthly reimbursement shall
occur for each consecutive month of noncompliance. Except as
provided in subsection 5 of Section 15, funding to counties
shall commence on April 1, 1986. Funds received under this Act
shall be used to provide for Probation Department expenses
including those required under Section 13 of this Act. The
Mandatory Arbitration Fund may be used to provide for Probation
Department expenses, including those required under Section 13
of this Act.
    (11) The respective counties shall be responsible for
capital and space costs, fringe benefits, clerical costs,
equipment, telecommunications, postage, commodities and
printing.
    (12) For purposes of this Act only, probation officers
shall be considered peace officers. In the exercise of their
official duties, probation officers, sheriffs, and police
officers may, anywhere within the State, arrest any probationer
who is in violation of any of the conditions of his or her
probation, conditional discharge, or supervision, and it shall
be the duty of the officer making the arrest to take the
probationer before the Court having jurisdiction over the
probationer for further order.
(Source: P.A. 94-91, eff. 7-1-05; 94-696, eff. 6-1-06; 94-839,
eff. 6-6-06; 95-707, eff. 1-11-08; 95-773, eff. 1-1-09.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance
    30 ILCS 105/5.710 rep.
    725 ILCS 5/110-5 from Ch. 38, par. 110-5
    730 ILCS 5/5-8A-7
    730 ILCS 5/5-9-1.16
    730 ILCS 110/15 from Ch. 38, par. 204-7

Effective Date: 8/25/2009