Public Act 103-0391
 
SB1886 EnrolledLRB103 27323 RLC 53694 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 Section 5-6-3 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 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;


        (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 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.  The court may give credit toward 
    the fulfillment of community service hours for 
    participation in activities and treatment as determined by 
    court services;


        (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 paragraph
 (7).  The 
    court shall revoke the probation or conditional discharge 
    of a
person who willfully fails to comply with this 
    paragraph (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 paragraph (7) does
not apply to a 
    person who has a high school diploma or has successfully 
    passed high school equivalency testing. This paragraph (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;


        (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;
        (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 Illinois 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; 
        (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; and
        (13) if convicted of a hate crime involving the 
    protected class identified in subsection (a) of Section 
    12-7.1 of the Criminal Code of 2012 that gave rise to the 
    offense the offender committed, perform public or 
    community service of no less than 200 hours and enroll in 
    an educational program discouraging hate crimes that 
    includes racial, ethnic, and cultural sensitivity training 
    ordered by the court. 
    (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. 
A person shall not be assessed costs or fees for mandatory 
testing for drugs, alcohol, or both, if the person is an 
indigent person as defined in paragraph (2) of subsection (a) 
of Section 5-105 of the Code of Civil Procedure. 

    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 placed 
in the guardianship or custody of the Department of Children 
and Family Services 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.


    Public Act 93-970 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 the Criminal 
and Traffic Assessment 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. 
    (m) A person on probation, conditional discharge, or 
supervision shall not be ordered to refrain from having 
cannabis or alcohol in his or her body unless:
        (1) the person is under 21 years old;
        (2) the person was sentenced to probation, conditional 
    discharge, or supervision for an offense which had as an 
    element of the offense the presence of an intoxicating 
    compound in the person's body;
        (3) the person is participating in a problem-solving 
    court certified by the Illinois Supreme Court;
        (4) the person has undergone a validated clinical 
    assessment and the
clinical treatment plan includes 
    alcohol or cannabis testing; or
        (5) a court ordered evaluation recommends that the 
    person refrain from using alcohol or cannabis, provided

    the evaluation is a validated clinical assessment and the 
    recommendation
originates from a clinical treatment plan.
    If the court has made findings that alcohol use
was a 
contributing factor in the commission of the
underlying 
offense, the court may order a person on
probation, 
conditional discharge, or supervision to refrain
from having 
alcohol in his or her body during the time
between sentencing 
and the completion of a validated
clinical assessment, 
provided
that such order shall not exceed 30 days and shall be

terminated if the clinical treatment plan does not recommend 
abstinence or testing, or both. 
    In this subsection (m), "validated clinical assessment" 
and  "clinical treatment plan" have the meanings ascribed to 
them in Section 10 of the Drug Court Treatment Act. 
    In any instance in which the court orders testing for 
cannabis or alcohol, the court shall state the reasonable 
relation the condition has to the person's crime for which the 
person was placed on probation, conditional discharge, or 
supervision.
    (n) A person on probation, conditional discharge, or 
supervision shall not be ordered to refrain from use or 
consumption of any substance lawfully prescribed by a medical 
provider or authorized by the Compassionate Use of Medical 
Cannabis Program Act, except where use is prohibited in 
paragraph (3) or (4) of subsection (m). 
(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)



Effective Date:  1/1/2024