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