Rep. Arthur Turner

Filed: 4/23/2018

 

 


 

 


 
10000HB4077ham001LRB100 13021 RLC 39228 a

1
AMENDMENT TO HOUSE BILL 4077

2    AMENDMENT NO. ______. Amend House Bill 4077 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Unified Code of Corrections is amended by
5changing Section 5-6-3 as follows:
 
6    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
7    Sec. 5-6-3. Conditions of probation and of conditional
8discharge.
9    (a) The conditions of probation and of conditional
10discharge shall be that the person:
11        (1) not violate any criminal statute of any
12    jurisdiction;
13        (2) report to or appear in person before such person or
14    agency as directed by the court;
15        (3) refrain from possessing a firearm or other
16    dangerous weapon where the offense is a felony or, if a

 

 

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1    misdemeanor, the offense involved the intentional or
2    knowing infliction of bodily harm or threat of bodily harm;
3        (4) not leave the State without the consent of the
4    court or, in circumstances in which the reason for the
5    absence is of such an emergency nature that prior consent
6    by the court is not possible, without the prior
7    notification and approval of the person's probation
8    officer. Transfer of a person's probation or conditional
9    discharge supervision to another state is subject to
10    acceptance by the other state pursuant to the Interstate
11    Compact for Adult Offender Supervision;
12        (5) permit the probation officer to visit him at his
13    home or elsewhere to the extent necessary to discharge his
14    duties;
15        (6) perform no less than 30 hours of community service
16    and not more than 120 hours of community service, if
17    community service is available in the jurisdiction and is
18    funded and approved by the county board where the offense
19    was committed, where the offense was related to or in
20    furtherance of the criminal activities of an organized gang
21    and was motivated by the offender's membership in or
22    allegiance to an organized gang. The community service
23    shall include, but not be limited to, the cleanup and
24    repair of any damage caused by a violation of Section
25    21-1.3 of the Criminal Code of 1961 or the Criminal Code of
26    2012 and similar damage to property located within the

 

 

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1    municipality or county in which the violation occurred.
2    When possible and reasonable, the community service should
3    be performed in the offender's neighborhood. For purposes
4    of this Section, "organized gang" has the meaning ascribed
5    to it in Section 10 of the Illinois Streetgang Terrorism
6    Omnibus Prevention Act. The court may give credit toward
7    the fulfillment of community service hours for
8    participation in activities and treatment as determined by
9    court services;
10        (7) if he or she is at least 17 years of age and has
11    been sentenced to probation or conditional discharge for a
12    misdemeanor or felony in a county of 3,000,000 or more
13    inhabitants and has not been previously convicted of a
14    misdemeanor or felony, may be required by the sentencing
15    court to attend educational courses designed to prepare the
16    defendant for a high school diploma and to work toward a
17    high school diploma or to work toward passing high school
18    equivalency testing or to work toward completing a
19    vocational training program approved by the court. The
20    person on probation or conditional discharge must attend a
21    public institution of education to obtain the educational
22    or vocational training required by this paragraph (7). The
23    court shall revoke the probation or conditional discharge
24    of a person who wilfully fails to comply with this
25    paragraph (7). The person on probation or conditional
26    discharge shall be required to pay for the cost of the

 

 

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1    educational courses or high school equivalency testing if a
2    fee is charged for those courses or testing. The court
3    shall resentence the offender whose probation or
4    conditional discharge has been revoked as provided in
5    Section 5-6-4. This paragraph (7) does not apply to a
6    person who has a high school diploma or has successfully
7    passed high school equivalency testing. This paragraph (7)
8    does not apply to a person who is determined by the court
9    to be a person with a developmental disability or otherwise
10    mentally incapable of completing the educational or
11    vocational program;
12        (8) if convicted of possession of a substance
13    prohibited by the Cannabis Control Act, the Illinois
14    Controlled Substances Act, or the Methamphetamine Control
15    and Community Protection Act after a previous conviction or
16    disposition of supervision for possession of a substance
17    prohibited by the Cannabis Control Act or Illinois
18    Controlled Substances Act or after a sentence of probation
19    under Section 10 of the Cannabis Control Act, Section 410
20    of the Illinois Controlled Substances Act, or Section 70 of
21    the Methamphetamine Control and Community Protection Act
22    and upon a finding by the court that the person is
23    addicted, undergo treatment at a substance abuse program
24    approved by the court;
25        (8.5) if convicted of a felony sex offense as defined
26    in the Sex Offender Management Board Act, the person shall

 

 

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1    undergo and successfully complete sex offender treatment
2    by a treatment provider approved by the Board and conducted
3    in conformance with the standards developed under the Sex
4    Offender Management Board Act;
5        (8.6) if convicted of a sex offense as defined in the
6    Sex Offender Management Board Act, refrain from residing at
7    the same address or in the same condominium unit or
8    apartment unit or in the same condominium complex or
9    apartment complex with another person he or she knows or
10    reasonably should know is a convicted sex offender or has
11    been placed on supervision for a sex offense; the
12    provisions of this paragraph do not apply to a person
13    convicted of a sex offense who is placed in a Department of
14    Corrections licensed transitional housing facility for sex
15    offenders;
16        (8.7) if convicted for an offense committed on or after
17    June 1, 2008 (the effective date of Public Act 95-464) that
18    would qualify the accused as a child sex offender as
19    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
20    1961 or the Criminal Code of 2012, refrain from
21    communicating with or contacting, by means of the Internet,
22    a person who is not related to the accused and whom the
23    accused reasonably believes to be under 18 years of age;
24    for purposes of this paragraph (8.7), "Internet" has the
25    meaning ascribed to it in Section 16-0.1 of the Criminal
26    Code of 2012; and a person is not related to the accused if

 

 

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1    the person is not: (i) the spouse, brother, or sister of
2    the accused; (ii) a descendant of the accused; (iii) a
3    first or second cousin of the accused; or (iv) a step-child
4    or adopted child of the accused;
5        (8.8) if convicted for an offense under Section 11-6,
6    11-9.1, 11-14.4 that involves soliciting for a juvenile
7    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
8    of the Criminal Code of 1961 or the Criminal Code of 2012,
9    or any attempt to commit any of these offenses, committed
10    on or after June 1, 2009 (the effective date of Public Act
11    95-983):
12            (i) not access or use a computer or any other
13        device with Internet capability without the prior
14        written approval of the offender's probation officer,
15        except in connection with the offender's employment or
16        search for employment with the prior approval of the
17        offender's probation officer;
18            (ii) submit to periodic unannounced examinations
19        of the offender's computer or any other device with
20        Internet capability by the offender's probation
21        officer, a law enforcement officer, or assigned
22        computer or information technology specialist,
23        including the retrieval and copying of all data from
24        the computer or device and any internal or external
25        peripherals and removal of such information,
26        equipment, or device to conduct a more thorough

 

 

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1        inspection;
2            (iii) submit to the installation on the offender's
3        computer or device with Internet capability, at the
4        offender's expense, of one or more hardware or software
5        systems to monitor the Internet use; and
6            (iv) submit to any other appropriate restrictions
7        concerning the offender's use of or access to a
8        computer or any other device with Internet capability
9        imposed by the offender's probation officer;
10        (8.9) if convicted of a sex offense as defined in the
11    Sex Offender Registration Act committed on or after January
12    1, 2010 (the effective date of Public Act 96-262), refrain
13    from accessing or using a social networking website as
14    defined in Section 17-0.5 of the Criminal Code of 2012;
15        (9) if convicted of a felony or of any misdemeanor
16    violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
17    12-3.5 of the Criminal Code of 1961 or the Criminal Code of
18    2012 that was determined, pursuant to Section 112A-11.1 of
19    the Code of Criminal Procedure of 1963, to trigger the
20    prohibitions of 18 U.S.C. 922(g)(9), physically surrender
21    at a time and place designated by the court, his or her
22    Firearm Owner's Identification Card and any and all
23    firearms in his or her possession. The Court shall return
24    to the Department of State Police Firearm Owner's
25    Identification Card Office the person's Firearm Owner's
26    Identification Card;

 

 

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1        (10) if convicted of a sex offense as defined in
2    subsection (a-5) of Section 3-1-2 of this Code, unless the
3    offender is a parent or guardian of the person under 18
4    years of age present in the home and no non-familial minors
5    are present, not participate in a holiday event involving
6    children under 18 years of age, such as distributing candy
7    or other items to children on Halloween, wearing a Santa
8    Claus costume on or preceding Christmas, being employed as
9    a department store Santa Claus, or wearing an Easter Bunny
10    costume on or preceding Easter;
11        (11) if convicted of a sex offense as defined in
12    Section 2 of the Sex Offender Registration Act committed on
13    or after January 1, 2010 (the effective date of Public Act
14    96-362) that requires the person to register as a sex
15    offender under that Act, may not knowingly use any computer
16    scrub software on any computer that the sex offender uses;
17        (12) if convicted of a violation of the Methamphetamine
18    Control and Community Protection Act, the Methamphetamine
19    Precursor Control Act, or a methamphetamine related
20    offense:
21            (A) prohibited from purchasing, possessing, or
22        having under his or her control any product containing
23        pseudoephedrine unless prescribed by a physician; and
24            (B) prohibited from purchasing, possessing, or
25        having under his or her control any product containing
26        ammonium nitrate; and

 

 

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1        (13) if convicted of a hate crime involving the
2    protected class identified in subsection (a) of Section
3    12-7.1 of the Criminal Code of 2012 that gave rise to the
4    offense the offender committed, perform public or
5    community service of no less than 200 hours and enroll in
6    an educational program discouraging hate crimes that
7    includes racial, ethnic, and cultural sensitivity training
8    ordered by the court.
9    (b) The Court may in addition to other reasonable
10conditions relating to the nature of the offense or the
11rehabilitation of the defendant as determined for each
12defendant in the proper discretion of the Court require that
13the person:
14        (1) serve a term of periodic imprisonment under Article
15    7 for a period not to exceed that specified in paragraph
16    (d) of Section 5-7-1;
17        (2) pay a fine and costs;
18        (3) work or pursue a course of study or vocational
19    training;
20        (4) undergo medical, psychological or psychiatric
21    treatment; or treatment for drug addiction or alcoholism;
22        (5) attend or reside in a facility established for the
23    instruction or residence of defendants on probation;
24        (6) support his dependents;
25        (7) and in addition, if a minor:
26            (i) reside with his parents or in a foster home;

 

 

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1            (ii) attend school;
2            (iii) attend a non-residential program for youth;
3            (iv) contribute to his own support at home or in a
4        foster home;
5            (v) with the consent of the superintendent of the
6        facility, attend an educational program at a facility
7        other than the school in which the offense was
8        committed if he or she is convicted of a crime of
9        violence as defined in Section 2 of the Crime Victims
10        Compensation Act committed in a school, on the real
11        property comprising a school, or within 1,000 feet of
12        the real property comprising a school;
13        (8) make restitution as provided in Section 5-5-6 of
14    this Code;
15        (9) perform some reasonable public or community
16    service;
17        (10) serve a term of home confinement. In addition to
18    any other applicable condition of probation or conditional
19    discharge, the conditions of home confinement shall be that
20    the offender:
21            (i) remain within the interior premises of the
22        place designated for his confinement during the hours
23        designated by the court;
24            (ii) admit any person or agent designated by the
25        court into the offender's place of confinement at any
26        time for purposes of verifying the offender's

 

 

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1        compliance with the conditions of his confinement; and
2            (iii) if further deemed necessary by the court or
3        the Probation or Court Services Department, be placed
4        on an approved electronic monitoring device, subject
5        to Article 8A of Chapter V;
6            (iv) for persons convicted of any alcohol,
7        cannabis or controlled substance violation who are
8        placed on an approved monitoring device as a condition
9        of probation or conditional discharge, the court shall
10        impose a reasonable fee for each day of the use of the
11        device, as established by the county board in
12        subsection (g) of this Section, unless after
13        determining the inability of the offender to pay the
14        fee, the court assesses a lesser fee or no fee as the
15        case may be. This fee shall be imposed in addition to
16        the fees imposed under subsections (g) and (i) of this
17        Section. The fee shall be collected by the clerk of the
18        circuit court, except as provided in an administrative
19        order of the Chief Judge of the circuit court. The
20        clerk of the circuit court shall pay all monies
21        collected from this fee to the county treasurer for
22        deposit in the substance abuse services fund under
23        Section 5-1086.1 of the Counties Code, except as
24        provided in an administrative order of the Chief Judge
25        of the circuit court.
26            The Chief Judge of the circuit court of the county

 

 

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1        may by administrative order establish a program for
2        electronic monitoring of offenders, in which a vendor
3        supplies and monitors the operation of the electronic
4        monitoring device, and collects the fees on behalf of
5        the county. The program shall include provisions for
6        indigent offenders and the collection of unpaid fees.
7        The program shall not unduly burden the offender and
8        shall be subject to review by the Chief Judge.
9            The Chief Judge of the circuit court may suspend
10        any additional charges or fees for late payment,
11        interest, or damage to any device; and
12            (v) for persons convicted of offenses other than
13        those referenced in clause (iv) above and who are
14        placed on an approved monitoring device as a condition
15        of probation or conditional discharge, the court shall
16        impose a reasonable fee for each day of the use of the
17        device, as established by the county board in
18        subsection (g) of this Section, unless after
19        determining the inability of the defendant to pay the
20        fee, the court assesses a lesser fee or no fee as the
21        case may be. This fee shall be imposed in addition to
22        the fees imposed under subsections (g) and (i) of this
23        Section. The fee shall be collected by the clerk of the
24        circuit court, except as provided in an administrative
25        order of the Chief Judge of the circuit court. The
26        clerk of the circuit court shall pay all monies

 

 

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1        collected from this fee to the county treasurer who
2        shall use the monies collected to defray the costs of
3        corrections. The county treasurer shall deposit the
4        fee collected in the probation and court services fund.
5        The Chief Judge of the circuit court of the county may
6        by administrative order establish a program for
7        electronic monitoring of offenders, in which a vendor
8        supplies and monitors the operation of the electronic
9        monitoring device, and collects the fees on behalf of
10        the county. The program shall include provisions for
11        indigent offenders and the collection of unpaid fees.
12        The program shall not unduly burden the offender and
13        shall be subject to review by the Chief Judge.
14            The Chief Judge of the circuit court may suspend
15        any additional charges or fees for late payment,
16        interest, or damage to any device.
17        (11) comply with the terms and conditions of an order
18    of protection issued by the court pursuant to the Illinois
19    Domestic Violence Act of 1986, as now or hereafter amended,
20    or an order of protection issued by the court of another
21    state, tribe, or United States territory. A copy of the
22    order of protection shall be transmitted to the probation
23    officer or agency having responsibility for the case;
24        (12) reimburse any "local anti-crime program" as
25    defined in Section 7 of the Anti-Crime Advisory Council Act
26    for any reasonable expenses incurred by the program on the

 

 

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1    offender's case, not to exceed the maximum amount of the
2    fine authorized for the offense for which the defendant was
3    sentenced;
4        (13) contribute a reasonable sum of money, not to
5    exceed the maximum amount of the fine authorized for the
6    offense for which the defendant was sentenced, (i) to a
7    "local anti-crime program", as defined in Section 7 of the
8    Anti-Crime Advisory Council Act, or (ii) for offenses under
9    the jurisdiction of the Department of Natural Resources, to
10    the fund established by the Department of Natural Resources
11    for the purchase of evidence for investigation purposes and
12    to conduct investigations as outlined in Section 805-105 of
13    the Department of Natural Resources (Conservation) Law;
14        (14) refrain from entering into a designated
15    geographic area except upon such terms as the court finds
16    appropriate. Such terms may include consideration of the
17    purpose of the entry, the time of day, other persons
18    accompanying the defendant, and advance approval by a
19    probation officer, if the defendant has been placed on
20    probation or advance approval by the court, if the
21    defendant was placed on conditional discharge;
22        (15) refrain from having any contact, directly or
23    indirectly, with certain specified persons or particular
24    types of persons, including but not limited to members of
25    street gangs and drug users or dealers;
26        (16) refrain from having in his or her body the

 

 

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1    presence of any illicit drug prohibited by the Cannabis
2    Control Act, the Illinois Controlled Substances Act, or the
3    Methamphetamine Control and Community Protection Act,
4    unless prescribed by a physician, and submit samples of his
5    or her blood or urine or both for tests to determine the
6    presence of any illicit drug;
7        (17) if convicted for an offense committed on or after
8    June 1, 2008 (the effective date of Public Act 95-464) that
9    would qualify the accused as a child sex offender as
10    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
11    1961 or the Criminal Code of 2012, refrain from
12    communicating with or contacting, by means of the Internet,
13    a person who is related to the accused and whom the accused
14    reasonably believes to be under 18 years of age; for
15    purposes of this paragraph (17), "Internet" has the meaning
16    ascribed to it in Section 16-0.1 of the Criminal Code of
17    2012; and a person is related to the accused if the person
18    is: (i) the spouse, brother, or sister of the accused; (ii)
19    a descendant of the accused; (iii) a first or second cousin
20    of the accused; or (iv) a step-child or adopted child of
21    the accused;
22        (18) if convicted for an offense committed on or after
23    June 1, 2009 (the effective date of Public Act 95-983) that
24    would qualify as a sex offense as defined in the Sex
25    Offender Registration Act:
26            (i) not access or use a computer or any other

 

 

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1        device with Internet capability without the prior
2        written approval of the offender's probation officer,
3        except in connection with the offender's employment or
4        search for employment with the prior approval of the
5        offender's probation officer;
6            (ii) submit to periodic unannounced examinations
7        of the offender's computer or any other device with
8        Internet capability by the offender's probation
9        officer, a law enforcement officer, or assigned
10        computer or information technology specialist,
11        including the retrieval and copying of all data from
12        the computer or device and any internal or external
13        peripherals and removal of such information,
14        equipment, or device to conduct a more thorough
15        inspection;
16            (iii) submit to the installation on the offender's
17        computer or device with Internet capability, at the
18        subject's expense, of one or more hardware or software
19        systems to monitor the Internet use; and
20            (iv) submit to any other appropriate restrictions
21        concerning the offender's use of or access to a
22        computer or any other device with Internet capability
23        imposed by the offender's probation officer; and
24        (19) refrain from possessing a firearm or other
25    dangerous weapon where the offense is a misdemeanor that
26    did not involve the intentional or knowing infliction of

 

 

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1    bodily harm or threat of bodily harm.
2    (c) The court may as a condition of probation or of
3conditional discharge require that a person under 18 years of
4age found guilty of any alcohol, cannabis or controlled
5substance violation, refrain from acquiring a driver's license
6during the period of probation or conditional discharge. If
7such person is in possession of a permit or license, the court
8may require that the minor refrain from driving or operating
9any motor vehicle during the period of probation or conditional
10discharge, except as may be necessary in the course of the
11minor's lawful employment.
12    (d) An offender sentenced to probation or to conditional
13discharge shall be given a certificate setting forth the
14conditions thereof.
15    (e) Except where the offender has committed a fourth or
16subsequent violation of subsection (c) of Section 6-303 of the
17Illinois Vehicle Code, the court shall not require as a
18condition of the sentence of probation or conditional discharge
19that the offender be committed to a period of imprisonment in
20excess of 6 months. This 6-month limit shall not include
21periods of confinement given pursuant to a sentence of county
22impact incarceration under Section 5-8-1.2.
23    Persons committed to imprisonment as a condition of
24probation or conditional discharge shall not be committed to
25the Department of Corrections.
26    (f) The court may combine a sentence of periodic

 

 

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1imprisonment under Article 7 or a sentence to a county impact
2incarceration program under Article 8 with a sentence of
3probation or conditional discharge.
4    (g) An offender sentenced to probation or to conditional
5discharge and who during the term of either undergoes mandatory
6drug or alcohol testing, or both, or is assigned to be placed
7on an approved electronic monitoring device, shall be ordered
8to pay all costs incidental to such mandatory drug or alcohol
9testing, or both, and all costs incidental to such approved
10electronic monitoring in accordance with the defendant's
11ability to pay those costs. The county board with the
12concurrence of the Chief Judge of the judicial circuit in which
13the county is located shall establish reasonable fees for the
14cost of maintenance, testing, and incidental expenses related
15to the mandatory drug or alcohol testing, or both, and all
16costs incidental to approved electronic monitoring, involved
17in a successful probation program for the county. The
18concurrence of the Chief Judge shall be in the form of an
19administrative order. The fees shall be collected by the clerk
20of the circuit court, except as provided in an administrative
21order of the Chief Judge of the circuit court. The clerk of the
22circuit court shall pay all moneys collected from these fees to
23the county treasurer who shall use the moneys collected to
24defray the costs of drug testing, alcohol testing, and
25electronic monitoring. The county treasurer shall deposit the
26fees collected in the county working cash fund under Section

 

 

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16-27001 or Section 6-29002 of the Counties Code, as the case
2may be. The Chief Judge of the circuit court of the county may
3by administrative order establish a program for electronic
4monitoring of offenders, in which a vendor supplies and
5monitors the operation of the electronic monitoring device, and
6collects the fees on behalf of the county. The program shall
7include provisions for indigent offenders and the collection of
8unpaid fees. The program shall not unduly burden the offender
9and shall be subject to review by the Chief Judge.
10    The Chief Judge of the circuit court may suspend any
11additional charges or fees for late payment, interest, or
12damage to any device.
13    (h) Jurisdiction over an offender may be transferred from
14the sentencing court to the court of another circuit with the
15concurrence of both courts. Further transfers or retransfers of
16jurisdiction are also authorized in the same manner. The court
17to which jurisdiction has been transferred shall have the same
18powers as the sentencing court. The probation department within
19the circuit to which jurisdiction has been transferred, or
20which has agreed to provide supervision, may impose probation
21fees upon receiving the transferred offender, as provided in
22subsection (i). For all transfer cases, as defined in Section
239b of the Probation and Probation Officers Act, the probation
24department from the original sentencing court shall retain all
25probation fees collected prior to the transfer. After the
26transfer, all probation fees shall be paid to the probation

 

 

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1department within the circuit to which jurisdiction has been
2transferred.
3    (i) The court shall impose upon an offender sentenced to
4probation after January 1, 1989 or to conditional discharge
5after January 1, 1992 or to community service under the
6supervision of a probation or court services department after
7January 1, 2004, as a condition of such probation or
8conditional discharge or supervised community service, a fee of
9$50 for each month of probation or conditional discharge
10supervision or supervised community service ordered by the
11court, unless after determining the inability of the person
12sentenced to probation or conditional discharge or supervised
13community service to pay the fee, the court assesses a lesser
14fee. The court may not impose the fee on a minor who is placed
15in the guardianship or custody of the Department of Children
16and Family Services under the Juvenile Court Act of 1987 while
17the minor is in placement. The fee shall be imposed only upon
18an offender who is actively supervised by the probation and
19court services department. The fee shall be collected by the
20clerk of the circuit court. The clerk of the circuit court
21shall pay all monies collected from this fee to the county
22treasurer for deposit in the probation and court services fund
23under Section 15.1 of the Probation and Probation Officers Act.
24    A circuit court may not impose a probation fee under this
25subsection (i) in excess of $25 per month unless the circuit
26court has adopted, by administrative order issued by the chief

 

 

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1judge, a standard probation fee guide determining an offender's
2ability to pay Of the amount collected as a probation fee, up
3to $5 of that fee collected per month may be used to provide
4services to crime victims and their families.
5    The Court may only waive probation fees based on an
6offender's ability to pay. The probation department may
7re-evaluate an offender's ability to pay every 6 months, and,
8with the approval of the Director of Court Services or the
9Chief Probation Officer, adjust the monthly fee amount. An
10offender may elect to pay probation fees due in a lump sum. Any
11offender that has been assigned to the supervision of a
12probation department, or has been transferred either under
13subsection (h) of this Section or under any interstate compact,
14shall be required to pay probation fees to the department
15supervising the offender, based on the offender's ability to
16pay.
17    Public Act 93-970 deletes the $10 increase in the fee under
18this subsection that was imposed by Public Act 93-616. This
19deletion is intended to control over any other Act of the 93rd
20General Assembly that retains or incorporates that fee
21increase.
22    (i-5) In addition to the fees imposed under subsection (i)
23of this Section, in the case of an offender convicted of a
24felony sex offense (as defined in the Sex Offender Management
25Board Act) or an offense that the court or probation department
26has determined to be sexually motivated (as defined in the Sex

 

 

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1Offender Management Board Act), the court or the probation
2department shall assess additional fees to pay for all costs of
3treatment, assessment, evaluation for risk and treatment, and
4monitoring the offender, based on that offender's ability to
5pay those costs either as they occur or under a payment plan.
6    (j) All fines and costs imposed under this Section for any
7violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
8Code, or a similar provision of a local ordinance, and any
9violation of the Child Passenger Protection Act, or a similar
10provision of a local ordinance, shall be collected and
11disbursed by the circuit clerk as provided under Section 27.5
12of the Clerks of Courts Act.
13    (k) Any offender who is sentenced to probation or
14conditional discharge for a felony sex offense as defined in
15the Sex Offender Management Board Act or any offense that the
16court or probation department has determined to be sexually
17motivated as defined in the Sex Offender Management Board Act
18shall be required to refrain from any contact, directly or
19indirectly, with any persons specified by the court and shall
20be available for all evaluations and treatment programs
21required by the court or the probation department.
22    (l) The court may order an offender who is sentenced to
23probation or conditional discharge for a violation of an order
24of protection be placed under electronic surveillance as
25provided in Section 5-8A-7 of this Code.
26    (m) A person sentenced to a term of probation or

 

 

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1conditional discharge for a Class 4 felony or a misdemeanor, on
2or after January 1, 2019, shall receive a credit against the
3time on his or her probation or conditional discharge for the
4amount of time served in jail on that offense.
5(Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16;
6100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff.
71-8-18.)".