97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1908

 

Introduced , by Rep. John E. Bradley

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-3-7  from Ch. 38, par. 1003-3-7
730 ILCS 5/3-14-1  from Ch. 38, par. 1003-14-1
730 ILCS 5/5-6-3  from Ch. 38, par. 1005-6-3

    Amends the Unified Code of Corrections. Provides that as a condition of mandatory supervised release, probation, or conditional discharge a person convicted of a violation of the Methamphetamine Control and Community Protection Act, the Methamphetamine Precursor Control Act, or a methamphetamine related offense shall be: (1) prohibited from purchasing, possessing, or having under his or her control any product containing pseudoephedrine without the express written approval of his or her assigned parole agent, probation officer, or designee; (2) prohibited from purchasing, possessing, or having under his or her control any product containing ammonium nitrate. Provides that the Department of Corrections shall establish procedures to provide notice to the Department of State Police of the release or discharge of persons convicted of violations of the Methamphetamine Control and Community Protection Act or a violation of the Methamphetamine Precursor Control Act. Provides that the Department of State Police shall make this information available to local, State, or federal law enforcement agencies upon request.


LRB097 06479 RLC 50699 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1908LRB097 06479 RLC 50699 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Sections 3-3-7, 3-14-1, and 5-6-3 as follows:
 
6    (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
7    Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
8Release.
9    (a) The conditions of parole or mandatory supervised
10release shall be such as the Prisoner Review Board deems
11necessary to assist the subject in leading a law-abiding life.
12The conditions of every parole and mandatory supervised release
13are that the subject:
14        (1) not violate any criminal statute of any
15    jurisdiction during the parole or release term;
16        (2) refrain from possessing a firearm or other
17    dangerous weapon;
18        (3) report to an agent of the Department of
19    Corrections;
20        (4) permit the agent to visit him or her at his or her
21    home, employment, or elsewhere to the extent necessary for
22    the agent to discharge his or her duties;
23        (5) attend or reside in a facility established for the

 

 

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1    instruction or residence of persons on parole or mandatory
2    supervised release;
3        (6) secure permission before visiting or writing a
4    committed person in an Illinois Department of Corrections
5    facility;
6        (7) report all arrests to an agent of the Department of
7    Corrections as soon as permitted by the arresting authority
8    but in no event later than 24 hours after release from
9    custody;
10        (7.5) if convicted of a sex offense as defined in the
11    Sex Offender Management Board Act, the individual shall
12    undergo and successfully complete sex offender treatment
13    conducted in conformance with the standards developed by
14    the Sex Offender Management Board Act by a treatment
15    provider approved by the Board;
16        (7.6) if convicted of a sex offense as defined in the
17    Sex Offender Management Board Act, refrain from residing at
18    the same address or in the same condominium unit or
19    apartment unit or in the same condominium complex or
20    apartment complex with another person he or she knows or
21    reasonably should know is a convicted sex offender or has
22    been placed on supervision for a sex offense; the
23    provisions of this paragraph do not apply to a person
24    convicted of a sex offense who is placed in a Department of
25    Corrections licensed transitional housing facility for sex
26    offenders, or is in any facility operated or licensed by

 

 

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1    the Department of Children and Family Services or by the
2    Department of Human Services, or is in any licensed medical
3    facility;
4        (7.7) if convicted for an offense that would qualify
5    the accused as a sexual predator under the Sex Offender
6    Registration Act on or after the effective date of this
7    amendatory Act of the 94th General Assembly, wear an
8    approved electronic monitoring device as defined in
9    Section 5-8A-2 for the duration of the person's parole,
10    mandatory supervised release term, or extended mandatory
11    supervised release term and if convicted for an offense of
12    criminal sexual assault, aggravated criminal sexual
13    assault, predatory criminal sexual assault of a child,
14    criminal sexual abuse, aggravated criminal sexual abuse,
15    or ritualized abuse of a child committed on or after August
16    11, 2009 (the effective date of Public Act 96-236) when the
17    victim was under 18 years of age at the time of the
18    commission of the offense and the defendant used force or
19    the threat of force in the commission of the offense wear
20    an approved electronic monitoring device as defined in
21    Section 5-8A-2 that has Global Positioning System (GPS)
22    capability for the duration of the person's parole,
23    mandatory supervised release term, or extended mandatory
24    supervised release term;
25        (7.8) if convicted for an offense committed on or after
26    the effective date of this amendatory Act of the 95th

 

 

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1    General Assembly that would qualify the accused as a child
2    sex offender as defined in Section 11-9.3 or 11-9.4 of the
3    Criminal Code of 1961, refrain from communicating with or
4    contacting, by means of the Internet, a person who is not
5    related to the accused and whom the accused reasonably
6    believes to be under 18 years of age; for purposes of this
7    paragraph (7.8), "Internet" has the meaning ascribed to it
8    in Section 16J-5 of the Criminal Code of 1961; and a person
9    is not related to the accused if the person is not: (i) the
10    spouse, brother, or sister of the accused; (ii) a
11    descendant of the accused; (iii) a first or second cousin
12    of the accused; or (iv) a step-child or adopted child of
13    the accused;
14        (7.9) if convicted under Section 11-6, 11-20.1,
15    11-20.3, or 11-21 of the Criminal Code of 1961, consent to
16    search of computers, PDAs, cellular phones, and other
17    devices under his or her control that are capable of
18    accessing the Internet or storing electronic files, in
19    order to confirm Internet protocol addresses reported in
20    accordance with the Sex Offender Registration Act and
21    compliance with conditions in this Act;
22        (7.10) if convicted for an offense that would qualify
23    the accused as a sex offender or sexual predator under the
24    Sex Offender Registration Act on or after the effective
25    date of this amendatory Act of the 95th General Assembly,
26    not possess prescription drugs for erectile dysfunction;

 

 

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1        (7.11) if convicted for an offense under Section 11-6,
2    11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal
3    Code of 1961, or any attempt to commit any of these
4    offenses, committed on or after June 1, 2009 (the effective
5    date of Public Act 95-983):
6            (i) not access or use a computer or any other
7        device with Internet capability without the prior
8        written approval of the Department;
9            (ii) submit to periodic unannounced examinations
10        of the offender's computer or any other device with
11        Internet capability by the offender's supervising
12        agent, a law enforcement officer, or assigned computer
13        or information technology specialist, including the
14        retrieval and copying of all data from the computer or
15        device and any internal or external peripherals and
16        removal of such information, equipment, or device to
17        conduct a more thorough inspection;
18            (iii) submit to the installation on the offender's
19        computer or device with Internet capability, at the
20        offender's expense, of one or more hardware or software
21        systems to monitor the Internet use; and
22            (iv) submit to any other appropriate restrictions
23        concerning the offender's use of or access to a
24        computer or any other device with Internet capability
25        imposed by the Board, the Department or the offender's
26        supervising agent;

 

 

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1        (7.12) if convicted of a sex offense as defined in the
2    Sex Offender Registration Act committed on or after January
3    1, 2010 (the effective date of Public Act 96-262), refrain
4    from accessing or using a social networking website as
5    defined in Section 16D-2 of the Criminal Code of 1961;
6        (7.13) if convicted of a sex offense as defined in
7    Section 2 of the Sex Offender Registration Act committed on
8    or after January 1, 2010 (the effective date of Public Act
9    96-362) that requires the person to register as a sex
10    offender under that Act, may not knowingly use any computer
11    scrub software on any computer that the sex offender uses;
12        (8) obtain permission of an agent of the Department of
13    Corrections before leaving the State of Illinois;
14        (9) obtain permission of an agent of the Department of
15    Corrections before changing his or her residence or
16    employment;
17        (10) consent to a search of his or her person,
18    property, or residence under his or her control;
19        (11) refrain from the use or possession of narcotics or
20    other controlled substances in any form, or both, or any
21    paraphernalia related to those substances and submit to a
22    urinalysis test as instructed by a parole agent of the
23    Department of Corrections;
24        (12) not frequent places where controlled substances
25    are illegally sold, used, distributed, or administered;
26        (13) not knowingly associate with other persons on

 

 

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1    parole or mandatory supervised release without prior
2    written permission of his or her parole agent and not
3    associate with persons who are members of an organized gang
4    as that term is defined in the Illinois Streetgang
5    Terrorism Omnibus Prevention Act;
6        (14) provide true and accurate information, as it
7    relates to his or her adjustment in the community while on
8    parole or mandatory supervised release or to his or her
9    conduct while incarcerated, in response to inquiries by his
10    or her parole agent or of the Department of Corrections;
11        (15) follow any specific instructions provided by the
12    parole agent that are consistent with furthering
13    conditions set and approved by the Prisoner Review Board or
14    by law, exclusive of placement on electronic detention, to
15    achieve the goals and objectives of his or her parole or
16    mandatory supervised release or to protect the public.
17    These instructions by the parole agent may be modified at
18    any time, as the agent deems appropriate;
19        (16) if convicted of a sex offense as defined in
20    subsection (a-5) of Section 3-1-2 of this Code, unless the
21    offender is a parent or guardian of the person under 18
22    years of age present in the home and no non-familial minors
23    are present, not participate in a holiday event involving
24    children under 18 years of age, such as distributing candy
25    or other items to children on Halloween, wearing a Santa
26    Claus costume on or preceding Christmas, being employed as

 

 

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1    a department store Santa Claus, or wearing an Easter Bunny
2    costume on or preceding Easter; and
3        (17) if convicted of a violation of an order of
4    protection under Section 12-30 of the Criminal Code of
5    1961, be placed under electronic surveillance as provided
6    in Section 5-8A-7 of this Code; and .
7        (18) if convicted of a violation of the Methamphetamine
8    Control and Community Protection Act, the Methamphetamine
9    Precursor Control Act, or a methamphetamine related
10    offense, be:
11            (A) prohibited from purchasing, possessing, or
12        having under his or her control any product containing
13        pseudoephedrine without the express written approval
14        of his or her assigned parole agent or designee; and
15            (B) prohibited from purchasing, possessing, or
16        having under his or her control any product containing
17        ammonium nitrate.
18    (b) The Board may in addition to other conditions require
19that the subject:
20        (1) work or pursue a course of study or vocational
21    training;
22        (2) undergo medical or psychiatric treatment, or
23    treatment for drug addiction or alcoholism;
24        (3) attend or reside in a facility established for the
25    instruction or residence of persons on probation or parole;
26        (4) support his dependents;

 

 

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1        (5) (blank);
2        (6) (blank);
3        (7) comply with the terms and conditions of an order of
4    protection issued pursuant to the Illinois Domestic
5    Violence Act of 1986, enacted by the 84th General Assembly,
6    or an order of protection issued by the court of another
7    state, tribe, or United States territory;
8        (7.5) if convicted for an offense committed on or after
9    the effective date of this amendatory Act of the 95th
10    General Assembly that would qualify the accused as a child
11    sex offender as defined in Section 11-9.3 or 11-9.4 of the
12    Criminal Code of 1961, refrain from communicating with or
13    contacting, by means of the Internet, a person who is
14    related to the accused and whom the accused reasonably
15    believes to be under 18 years of age; for purposes of this
16    paragraph (7.5), "Internet" has the meaning ascribed to it
17    in Section 16J-5 of the Criminal Code of 1961; and a person
18    is related to the accused if the person is: (i) the spouse,
19    brother, or sister of the accused; (ii) a descendant of the
20    accused; (iii) a first or second cousin of the accused; or
21    (iv) a step-child or adopted child of the accused;
22        (7.6) 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 Department;
3            (ii) submit to periodic unannounced examinations
4        of the offender's computer or any other device with
5        Internet capability by the offender's supervising
6        agent, a law enforcement officer, or assigned computer
7        or information technology specialist, including the
8        retrieval and copying of all data from the computer or
9        device and any internal or external peripherals and
10        removal of such information, equipment, or device to
11        conduct a more thorough inspection;
12            (iii) submit to the installation on the offender's
13        computer or device with Internet capability, at the
14        offender's expense, of one or more hardware or software
15        systems to monitor the Internet use; and
16            (iv) submit to any other appropriate restrictions
17        concerning the offender's use of or access to a
18        computer or any other device with Internet capability
19        imposed by the Board, the Department or the offender's
20        supervising agent; and
21        (8) in addition, if a minor:
22            (i) reside with his parents or in a foster home;
23            (ii) attend school;
24            (iii) attend a non-residential program for youth;
25        or
26            (iv) contribute to his own support at home or in a

 

 

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1        foster home.
2    (b-1) In addition to the conditions set forth in
3subsections (a) and (b), persons required to register as sex
4offenders pursuant to the Sex Offender Registration Act, upon
5release from the custody of the Illinois Department of
6Corrections, may be required by the Board to comply with the
7following specific conditions of release:
8        (1) reside only at a Department approved location;
9        (2) comply with all requirements of the Sex Offender
10    Registration Act;
11        (3) notify third parties of the risks that may be
12    occasioned by his or her criminal record;
13        (4) obtain the approval of an agent of the Department
14    of Corrections prior to accepting employment or pursuing a
15    course of study or vocational training and notify the
16    Department prior to any change in employment, study, or
17    training;
18        (5) not be employed or participate in any volunteer
19    activity that involves contact with children, except under
20    circumstances approved in advance and in writing by an
21    agent of the Department of Corrections;
22        (6) be electronically monitored for a minimum of 12
23    months from the date of release as determined by the Board;
24        (7) refrain from entering into a designated geographic
25    area except upon terms approved in advance by an agent of
26    the Department of Corrections. The terms may include

 

 

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1    consideration of the purpose of the entry, the time of day,
2    and others accompanying the person;
3        (8) refrain from having any contact, including written
4    or oral communications, directly or indirectly, personally
5    or by telephone, letter, or through a third party with
6    certain specified persons including, but not limited to,
7    the victim or the victim's family without the prior written
8    approval of an agent of the Department of Corrections;
9        (9) refrain from all contact, directly or indirectly,
10    personally, by telephone, letter, or through a third party,
11    with minor children without prior identification and
12    approval of an agent of the Department of Corrections;
13        (10) neither possess or have under his or her control
14    any material that is sexually oriented, sexually
15    stimulating, or that shows male or female sex organs or any
16    pictures depicting children under 18 years of age nude or
17    any written or audio material describing sexual
18    intercourse or that depicts or alludes to sexual activity,
19    including but not limited to visual, auditory, telephonic,
20    or electronic media, or any matter obtained through access
21    to any computer or material linked to computer access use;
22        (11) not patronize any business providing sexually
23    stimulating or sexually oriented entertainment nor utilize
24    "900" or adult telephone numbers;
25        (12) not reside near, visit, or be in or about parks,
26    schools, day care centers, swimming pools, beaches,

 

 

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1    theaters, or any other places where minor children
2    congregate without advance approval of an agent of the
3    Department of Corrections and immediately report any
4    incidental contact with minor children to the Department;
5        (13) not possess or have under his or her control
6    certain specified items of contraband related to the
7    incidence of sexually offending as determined by an agent
8    of the Department of Corrections;
9        (14) may be required to provide a written daily log of
10    activities if directed by an agent of the Department of
11    Corrections;
12        (15) comply with all other special conditions that the
13    Department may impose that restrict the person from
14    high-risk situations and limit access to potential
15    victims;
16        (16) take an annual polygraph exam;
17        (17) maintain a log of his or her travel; or
18        (18) obtain prior approval of his or her parole officer
19    before driving alone in a motor vehicle.
20    (c) The conditions under which the parole or mandatory
21supervised release is to be served shall be communicated to the
22person in writing prior to his release, and he shall sign the
23same before release. A signed copy of these conditions,
24including a copy of an order of protection where one had been
25issued by the criminal court, shall be retained by the person
26and another copy forwarded to the officer in charge of his

 

 

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1supervision.
2    (d) After a hearing under Section 3-3-9, the Prisoner
3Review Board may modify or enlarge the conditions of parole or
4mandatory supervised release.
5    (e) The Department shall inform all offenders committed to
6the Department of the optional services available to them upon
7release and shall assist inmates in availing themselves of such
8optional services upon their release on a voluntary basis.
9    (f) When the subject is in compliance with all conditions
10of his or her parole or mandatory supervised release, the
11subject shall receive a reduction of the period of his or her
12parole or mandatory supervised release of 90 days upon passage
13of the high school level Test of General Educational
14Development during the period of his or her parole or mandatory
15supervised release. This reduction in the period of a subject's
16term of parole or mandatory supervised release shall be
17available only to subjects who have not previously earned a
18high school diploma or who have not previously passed the high
19school level Test of General Educational Development.
20(Source: P.A. 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; 95-579,
21eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876,
22eff. 8-21-08; 95-983, eff. 6-1-09; 96-236, eff. 8-11-09;
2396-262, eff. 1-1-10; 96-328, eff. 8-11-09; 96-362, eff. 1-1-10;
2496-1000, eff. 7-2-10.)
 
25    (730 ILCS 5/3-14-1)  (from Ch. 38, par. 1003-14-1)

 

 

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1    Sec. 3-14-1. Release from the Institution.
2    (a) Upon release of a person on parole, mandatory release,
3final discharge or pardon the Department shall return all
4property held for him, provide him with suitable clothing and
5procure necessary transportation for him to his designated
6place of residence and employment. It may provide such person
7with a grant of money for travel and expenses which may be paid
8in installments. The amount of the money grant shall be
9determined by the Department.
10    The Department of Corrections may establish and maintain,
11in any institution it administers, revolving funds to be known
12as "Travel and Allowances Revolving Funds". These revolving
13funds shall be used for advancing travel and expense allowances
14to committed, paroled, and discharged prisoners. The moneys
15paid into such revolving funds shall be from appropriations to
16the Department for Committed, Paroled, and Discharged
17Prisoners.
18    (b) (Blank).
19    (c) Except as otherwise provided in this Code, the
20Department shall establish procedures to provide written
21notification of any release of any person who has been
22convicted of a felony to the State's Attorney and sheriff of
23the county from which the offender was committed, and the
24State's Attorney and sheriff of the county into which the
25offender is to be paroled or released. Except as otherwise
26provided in this Code, the Department shall establish

 

 

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1procedures to provide written notification to the proper law
2enforcement agency for any municipality of any release of any
3person who has been convicted of a felony if the arrest of the
4offender or the commission of the offense took place in the
5municipality, if the offender is to be paroled or released into
6the municipality, or if the offender resided in the
7municipality at the time of the commission of the offense. If a
8person convicted of a felony who is in the custody of the
9Department of Corrections or on parole or mandatory supervised
10release informs the Department that he or she has resided,
11resides, or will reside at an address that is a housing
12facility owned, managed, operated, or leased by a public
13housing agency, the Department must send written notification
14of that information to the public housing agency that owns,
15manages, operates, or leases the housing facility. The written
16notification shall, when possible, be given at least 14 days
17before release of the person from custody, or as soon
18thereafter as possible.
19    (c-1) (Blank).
20    (c-2) The Department shall establish procedures to provide
21notice to the Department of State Police of the release or
22discharge of persons convicted of violations of the
23Methamphetamine Control and Community Protection Act or a
24violation of the Methamphetamine Precursor Control Act. The
25Department of State Police shall make this information
26available to local, State, or federal law enforcement agencies

 

 

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1upon request.
2    (c-5) If a person on parole or mandatory supervised release
3becomes a resident of a facility licensed or regulated by the
4Department of Public Health, the Illinois Department of Public
5Aid, or the Illinois Department of Human Services, the
6Department of Corrections shall provide copies of the following
7information to the appropriate licensing or regulating
8Department and the licensed or regulated facility where the
9person becomes a resident:
10        (1) The mittimus and any pre-sentence investigation
11    reports.
12        (2) The social evaluation prepared pursuant to Section
13    3-8-2.
14        (3) Any pre-release evaluation conducted pursuant to
15    subsection (j) of Section 3-6-2.
16        (4) Reports of disciplinary infractions and
17    dispositions.
18        (5) Any parole plan, including orders issued by the
19    Prisoner Review Board, and any violation reports and
20    dispositions.
21        (6) The name and contact information for the assigned
22    parole agent and parole supervisor.
23    This information shall be provided within 3 days of the
24person becoming a resident of the facility.
25    (c-10) If a person on parole or mandatory supervised
26release becomes a resident of a facility licensed or regulated

 

 

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1by the Department of Public Health, the Illinois Department of
2Public Aid, or the Illinois Department of Human Services, the
3Department of Corrections shall provide written notification
4of such residence to the following:
5        (1) The Prisoner Review Board.
6        (2) The chief of police and sheriff in the municipality
7    and county in which the licensed facility is located.
8    The notification shall be provided within 3 days of the
9person becoming a resident of the facility.
10    (d) Upon the release of a committed person on parole,
11mandatory supervised release, final discharge or pardon, the
12Department shall provide such person with information
13concerning programs and services of the Illinois Department of
14Public Health to ascertain whether such person has been exposed
15to the human immunodeficiency virus (HIV) or any identified
16causative agent of Acquired Immunodeficiency Syndrome (AIDS).
17    (e) Upon the release of a committed person on parole,
18mandatory supervised release, final discharge, or pardon, the
19Department shall provide the person who has met the criteria
20established by the Department with an identification card
21identifying the person as being on parole, mandatory supervised
22release, final discharge, or pardon, as the case may be. The
23Department, in consultation with the Office of the Secretary of
24State, shall prescribe the form of the identification card,
25which may be similar to the form of the standard Illinois
26Identification Card. The Department shall inform the committed

 

 

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1person that he or she may present the identification card to
2the Office of the Secretary of State upon application for a
3standard Illinois Identification Card in accordance with the
4Illinois Identification Card Act. The Department shall require
5the committed person to pay a $1 fee for the identification
6card.
7    For purposes of a committed person receiving an
8identification card issued by the Department under this
9subsection, the Department shall establish criteria that the
10committed person must meet before the card is issued. It is the
11sole responsibility of the committed person requesting the
12identification card issued by the Department to meet the
13established criteria. The person's failure to meet the criteria
14is sufficient reason to deny the committed person the
15identification card. An identification card issued by the
16Department under this subsection shall be valid for a period of
17time not to exceed 30 calendar days from the date the card is
18issued. The Department shall not be held civilly or criminally
19liable to anyone because of any act of any person utilizing a
20card issued by the Department under this subsection.
21    The Department shall adopt rules governing the issuance of
22identification cards to committed persons being released on
23parole, mandatory supervised release, final discharge, or
24pardon.
25(Source: P.A. 94-163, eff. 7-11-05.)
 

 

 

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1    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
2    Sec. 5-6-3. Conditions of Probation and of Conditional
3Discharge.
4    (a) The conditions of probation and of conditional
5discharge shall be that the person:
6        (1) not violate any criminal statute of any
7    jurisdiction;
8        (2) report to or appear in person before such person or
9    agency as directed by the court;
10        (3) refrain from possessing a firearm or other
11    dangerous weapon where the offense is a felony or, if a
12    misdemeanor, the offense involved the intentional or
13    knowing infliction of bodily harm or threat of bodily harm;
14        (4) not leave the State without the consent of the
15    court or, in circumstances in which the reason for the
16    absence is of such an emergency nature that prior consent
17    by the court is not possible, without the prior
18    notification and approval of the person's probation
19    officer. Transfer of a person's probation or conditional
20    discharge supervision to another state is subject to
21    acceptance by the other state pursuant to the Interstate
22    Compact for Adult Offender Supervision;
23        (5) permit the probation officer to visit him at his
24    home or elsewhere to the extent necessary to discharge his
25    duties;
26        (6) perform no less than 30 hours of community service

 

 

HB1908- 21 -LRB097 06479 RLC 50699 b

1    and not more than 120 hours of community service, if
2    community service is available in the jurisdiction and is
3    funded and approved by the county board where the offense
4    was committed, where the offense was related to or in
5    furtherance of the criminal activities of an organized gang
6    and was motivated by the offender's membership in or
7    allegiance to an organized gang. The community service
8    shall include, but not be limited to, the cleanup and
9    repair of any damage caused by a violation of Section
10    21-1.3 of the Criminal Code of 1961 and similar damage to
11    property located within the municipality or county in which
12    the violation occurred. When possible and reasonable, the
13    community service should be performed in the offender's
14    neighborhood. For purposes of this Section, "organized
15    gang" has the meaning ascribed to it in Section 10 of the
16    Illinois Streetgang Terrorism Omnibus Prevention Act;
17        (7) if he or she is at least 17 years of age and has
18    been sentenced to probation or conditional discharge for a
19    misdemeanor or felony in a county of 3,000,000 or more
20    inhabitants and has not been previously convicted of a
21    misdemeanor or felony, may be required by the sentencing
22    court to attend educational courses designed to prepare the
23    defendant for a high school diploma and to work toward a
24    high school diploma or to work toward passing the high
25    school level Test of General Educational Development (GED)
26    or to work toward completing a vocational training program

 

 

HB1908- 22 -LRB097 06479 RLC 50699 b

1    approved by the court. The person on probation or
2    conditional discharge must attend a public institution of
3    education to obtain the educational or vocational training
4    required by this clause (7). The court shall revoke the
5    probation or conditional discharge of a person who wilfully
6    fails to comply with this clause (7). The person on
7    probation or conditional discharge shall be required to pay
8    for the cost of the educational courses or GED test, if a
9    fee is charged for those courses or test. The court shall
10    resentence the offender whose probation or conditional
11    discharge has been revoked as provided in Section 5-6-4.
12    This clause (7) does not apply to a person who has a high
13    school diploma or has successfully passed the GED test.
14    This clause (7) does not apply to a person who is
15    determined by the court to be developmentally disabled or
16    otherwise mentally incapable of completing the educational
17    or vocational program;
18        (8) if convicted of possession of a substance
19    prohibited by the Cannabis Control Act, the Illinois
20    Controlled Substances Act, or the Methamphetamine Control
21    and Community Protection Act after a previous conviction or
22    disposition of supervision for possession of a substance
23    prohibited by the Cannabis Control Act or Illinois
24    Controlled Substances Act or after a sentence of probation
25    under Section 10 of the Cannabis Control Act, Section 410
26    of the Illinois Controlled Substances Act, or Section 70 of

 

 

HB1908- 23 -LRB097 06479 RLC 50699 b

1    the Methamphetamine Control and Community Protection Act
2    and upon a finding by the court that the person is
3    addicted, undergo treatment at a substance abuse program
4    approved by the court;
5        (8.5) if convicted of a felony sex offense as defined
6    in the Sex Offender Management Board Act, the person shall
7    undergo and successfully complete sex offender treatment
8    by a treatment provider approved by the Board and conducted
9    in conformance with the standards developed under the Sex
10    Offender Management Board Act;
11        (8.6) if convicted of a sex offense as defined in the
12    Sex Offender Management Board Act, refrain from residing at
13    the same address or in the same condominium unit or
14    apartment unit or in the same condominium complex or
15    apartment complex with another person he or she knows or
16    reasonably should know is a convicted sex offender or has
17    been placed on supervision for a sex offense; the
18    provisions of this paragraph do not apply to a person
19    convicted of a sex offense who is placed in a Department of
20    Corrections licensed transitional housing facility for sex
21    offenders;
22        (8.7) if convicted for an offense committed on or after
23    June 1, 2008 (the effective date of Public Act 95-464) that
24    would qualify the accused as a child sex offender as
25    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
26    1961, refrain from communicating with or contacting, by

 

 

HB1908- 24 -LRB097 06479 RLC 50699 b

1    means of the Internet, a person who is not related to the
2    accused and whom the accused reasonably believes to be
3    under 18 years of age; for purposes of this paragraph
4    (8.7), "Internet" has the meaning ascribed to it in Section
5    16J-5 of the Criminal Code of 1961; and a person is not
6    related to the accused if the person is not: (i) the
7    spouse, brother, or sister of the accused; (ii) a
8    descendant of the accused; (iii) a first or second cousin
9    of the accused; or (iv) a step-child or adopted child of
10    the accused;
11        (8.8) if convicted for an offense under Section 11-6,
12    11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal
13    Code of 1961, or any attempt to commit any of these
14    offenses, committed on or after June 1, 2009 (the effective
15    date of Public Act 95-983):
16            (i) not access or use a computer or any other
17        device with Internet capability without the prior
18        written approval of the offender's probation officer,
19        except in connection with the offender's employment or
20        search for employment with the prior approval of the
21        offender's probation officer;
22            (ii) submit to periodic unannounced examinations
23        of the offender's computer or any other device with
24        Internet capability by the offender's probation
25        officer, a law enforcement officer, or assigned
26        computer or information technology specialist,

 

 

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1        including the retrieval and copying of all data from
2        the computer or device and any internal or external
3        peripherals and removal of such information,
4        equipment, or device to conduct a more thorough
5        inspection;
6            (iii) submit to the installation on the offender's
7        computer or device with Internet capability, at the
8        offender's expense, of one or more hardware or software
9        systems to monitor the Internet use; and
10            (iv) submit to any other appropriate restrictions
11        concerning the offender's use of or access to a
12        computer or any other device with Internet capability
13        imposed by the offender's probation officer;
14        (8.9) if convicted of a sex offense as defined in the
15    Sex Offender Registration Act committed on or after January
16    1, 2010 (the effective date of Public Act 96-262), refrain
17    from accessing or using a social networking website as
18    defined in Section 16D-2 of the Criminal Code of 1961;
19        (9) if convicted of a felony, physically surrender at a
20    time and place designated by the court, his or her Firearm
21    Owner's Identification Card and any and all firearms in his
22    or her possession;
23        (10) if convicted of a sex offense as defined in
24    subsection (a-5) of Section 3-1-2 of this Code, unless the
25    offender is a parent or guardian of the person under 18
26    years of age present in the home and no non-familial minors

 

 

HB1908- 26 -LRB097 06479 RLC 50699 b

1    are present, not participate in a holiday event involving
2    children under 18 years of age, such as distributing candy
3    or other items to children on Halloween, wearing a Santa
4    Claus costume on or preceding Christmas, being employed as
5    a department store Santa Claus, or wearing an Easter Bunny
6    costume on or preceding Easter; and
7        (11) if convicted of a sex offense as defined in
8    Section 2 of the Sex Offender Registration Act committed on
9    or after January 1, 2010 (the effective date of Public Act
10    96-362) that requires the person to register as a sex
11    offender under that Act, may not knowingly use any computer
12    scrub software on any computer that the sex offender uses;
13    and .
14        (12) if convicted of a violation of the Methamphetamine
15    Control and Community Protection Act, the Methamphetamine
16    Precursor Control Act, or a methamphetamine related
17    offense:
18            (A) prohibited from purchasing, possessing, or
19        having under his or her control any product containing
20        pseudoephedrine without the express written approval
21        of his or her assigned probation officer or designee;
22        and
23            (B) prohibited from purchasing, possessing, or
24        having under his or her control any product containing
25        ammonium nitrate.
26    (b) The Court may in addition to other reasonable

 

 

HB1908- 27 -LRB097 06479 RLC 50699 b

1conditions relating to the nature of the offense or the
2rehabilitation of the defendant as determined for each
3defendant in the proper discretion of the Court require that
4the person:
5        (1) serve a term of periodic imprisonment under Article
6    7 for a period not to exceed that specified in paragraph
7    (d) of Section 5-7-1;
8        (2) pay a fine and costs;
9        (3) work or pursue a course of study or vocational
10    training;
11        (4) undergo medical, psychological or psychiatric
12    treatment; or treatment for drug addiction or alcoholism;
13        (5) attend or reside in a facility established for the
14    instruction or residence of defendants on probation;
15        (6) support his dependents;
16        (7) and in addition, if a minor:
17            (i) reside with his parents or in a foster home;
18            (ii) attend school;
19            (iii) attend a non-residential program for youth;
20            (iv) contribute to his own support at home or in a
21        foster home;
22            (v) with the consent of the superintendent of the
23        facility, attend an educational program at a facility
24        other than the school in which the offense was
25        committed if he or she is convicted of a crime of
26        violence as defined in Section 2 of the Crime Victims

 

 

HB1908- 28 -LRB097 06479 RLC 50699 b

1        Compensation Act committed in a school, on the real
2        property comprising a school, or within 1,000 feet of
3        the real property comprising a school;
4        (8) make restitution as provided in Section 5-5-6 of
5    this Code;
6        (9) perform some reasonable public or community
7    service;
8        (10) serve a term of home confinement. In addition to
9    any other applicable condition of probation or conditional
10    discharge, the conditions of home confinement shall be that
11    the offender:
12            (i) remain within the interior premises of the
13        place designated for his confinement during the hours
14        designated by the court;
15            (ii) admit any person or agent designated by the
16        court into the offender's place of confinement at any
17        time for purposes of verifying the offender's
18        compliance with the conditions of his confinement; and
19            (iii) if further deemed necessary by the court or
20        the Probation or Court Services Department, be placed
21        on an approved electronic monitoring device, subject
22        to Article 8A of Chapter V;
23            (iv) for persons convicted of any alcohol,
24        cannabis or controlled substance violation who are
25        placed on an approved monitoring device as a condition
26        of probation or conditional discharge, the court shall

 

 

HB1908- 29 -LRB097 06479 RLC 50699 b

1        impose a reasonable fee for each day of the use of the
2        device, as established by the county board in
3        subsection (g) of this Section, unless after
4        determining the inability of the offender to pay the
5        fee, the court assesses a lesser fee or no fee as the
6        case may be. This fee shall be imposed in addition to
7        the fees imposed under subsections (g) and (i) of this
8        Section. The fee shall be collected by the clerk of the
9        circuit court. The clerk of the circuit court shall pay
10        all monies collected from this fee to the county
11        treasurer for deposit in the substance abuse services
12        fund under Section 5-1086.1 of the Counties Code; and
13            (v) for persons convicted of offenses other than
14        those referenced in clause (iv) above and who are
15        placed on an approved monitoring device as a condition
16        of probation or conditional discharge, the court shall
17        impose a reasonable fee for each day of the use of the
18        device, as established by the county board in
19        subsection (g) of this Section, unless after
20        determining the inability of the defendant to pay the
21        fee, the court assesses a lesser fee or no fee as the
22        case may be. This fee shall be imposed in addition to
23        the fees imposed under subsections (g) and (i) of this
24        Section. The fee shall be collected by the clerk of the
25        circuit court. The clerk of the circuit court shall pay
26        all monies collected from this fee to the county

 

 

HB1908- 30 -LRB097 06479 RLC 50699 b

1        treasurer who shall use the monies collected to defray
2        the costs of corrections. The county treasurer shall
3        deposit the fee collected in the county working cash
4        fund under Section 6-27001 or Section 6-29002 of the
5        Counties Code, as the case may be.
6        (11) comply with the terms and conditions of an order
7    of protection issued by the court pursuant to the Illinois
8    Domestic Violence Act of 1986, as now or hereafter amended,
9    or an order of protection issued by the court of another
10    state, tribe, or United States territory. A copy of the
11    order of protection shall be transmitted to the probation
12    officer or agency having responsibility for the case;
13        (12) reimburse any "local anti-crime program" as
14    defined in Section 7 of the Anti-Crime Advisory Council Act
15    for any reasonable expenses incurred by the program on the
16    offender's case, not to exceed the maximum amount of the
17    fine authorized for the offense for which the defendant was
18    sentenced;
19        (13) contribute a reasonable sum of money, not to
20    exceed the maximum amount of the fine authorized for the
21    offense for which the defendant was sentenced, (i) to a
22    "local anti-crime program", as defined in Section 7 of the
23    Anti-Crime Advisory Council Act, or (ii) for offenses under
24    the jurisdiction of the Department of Natural Resources, to
25    the fund established by the Department of Natural Resources
26    for the purchase of evidence for investigation purposes and

 

 

HB1908- 31 -LRB097 06479 RLC 50699 b

1    to conduct investigations as outlined in Section 805-105 of
2    the Department of Natural Resources (Conservation) Law;
3        (14) refrain from entering into a designated
4    geographic area except upon such terms as the court finds
5    appropriate. Such terms may include consideration of the
6    purpose of the entry, the time of day, other persons
7    accompanying the defendant, and advance approval by a
8    probation officer, if the defendant has been placed on
9    probation or advance approval by the court, if the
10    defendant was placed on conditional discharge;
11        (15) refrain from having any contact, directly or
12    indirectly, with certain specified persons or particular
13    types of persons, including but not limited to members of
14    street gangs and drug users or dealers;
15        (16) refrain from having in his or her body the
16    presence of any illicit drug prohibited by the Cannabis
17    Control Act, the Illinois Controlled Substances Act, or the
18    Methamphetamine Control and Community Protection Act,
19    unless prescribed by a physician, and submit samples of his
20    or her blood or urine or both for tests to determine the
21    presence of any illicit drug;
22        (17) if convicted for an offense committed on or after
23    June 1, 2008 (the effective date of Public Act 95-464) that
24    would qualify the accused as a child sex offender as
25    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
26    1961, refrain from communicating with or contacting, by

 

 

HB1908- 32 -LRB097 06479 RLC 50699 b

1    means of the Internet, a person who is related to the
2    accused and whom the accused reasonably believes to be
3    under 18 years of age; for purposes of this paragraph (17),
4    "Internet" has the meaning ascribed to it in Section 16J-5
5    of the Criminal Code of 1961; and a person is related to
6    the accused if the person is: (i) the spouse, brother, or
7    sister of the accused; (ii) a descendant of the accused;
8    (iii) a first or second cousin of the accused; or (iv) a
9    step-child or adopted child of the accused;
10        (18) if convicted for an offense committed on or after
11    June 1, 2009 (the effective date of Public Act 95-983) that
12    would qualify as a sex offense as defined in the Sex
13    Offender Registration Act:
14            (i) not access or use a computer or any other
15        device with Internet capability without the prior
16        written approval of the offender's probation officer,
17        except in connection with the offender's employment or
18        search for employment with the prior approval of the
19        offender's probation officer;
20            (ii) submit to periodic unannounced examinations
21        of the offender's computer or any other device with
22        Internet capability by the offender's probation
23        officer, a law enforcement officer, or assigned
24        computer or information technology specialist,
25        including the retrieval and copying of all data from
26        the computer or device and any internal or external

 

 

HB1908- 33 -LRB097 06479 RLC 50699 b

1        peripherals and removal of such information,
2        equipment, or device to conduct a more thorough
3        inspection;
4            (iii) submit to the installation on the offender's
5        computer or device with Internet capability, at the
6        subject's expense, of one or more hardware or software
7        systems to monitor the Internet use; and
8            (iv) submit to any other appropriate restrictions
9        concerning the offender's use of or access to a
10        computer or any other device with Internet capability
11        imposed by the offender's probation officer; and
12        (19) refrain from possessing a firearm or other
13    dangerous weapon where the offense is a misdemeanor that
14    did not involve the intentional or knowing infliction of
15    bodily harm or threat of bodily harm.
16    (c) The court may as a condition of probation or of
17conditional discharge require that a person under 18 years of
18age found guilty of any alcohol, cannabis or controlled
19substance violation, refrain from acquiring a driver's license
20during the period of probation or conditional discharge. If
21such person is in possession of a permit or license, the court
22may require that the minor refrain from driving or operating
23any motor vehicle during the period of probation or conditional
24discharge, except as may be necessary in the course of the
25minor's lawful employment.
26    (d) An offender sentenced to probation or to conditional

 

 

HB1908- 34 -LRB097 06479 RLC 50699 b

1discharge shall be given a certificate setting forth the
2conditions thereof.
3    (e) Except where the offender has committed a fourth or
4subsequent violation of subsection (c) of Section 6-303 of the
5Illinois Vehicle Code, the court shall not require as a
6condition of the sentence of probation or conditional discharge
7that the offender be committed to a period of imprisonment in
8excess of 6 months. This 6 month limit shall not include
9periods of confinement given pursuant to a sentence of county
10impact incarceration under Section 5-8-1.2.
11    Persons committed to imprisonment as a condition of
12probation or conditional discharge shall not be committed to
13the Department of Corrections.
14    (f) The court may combine a sentence of periodic
15imprisonment under Article 7 or a sentence to a county impact
16incarceration program under Article 8 with a sentence of
17probation or conditional discharge.
18    (g) An offender sentenced to probation or to conditional
19discharge and who during the term of either undergoes mandatory
20drug or alcohol testing, or both, or is assigned to be placed
21on an approved electronic monitoring device, shall be ordered
22to pay all costs incidental to such mandatory drug or alcohol
23testing, or both, and all costs incidental to such approved
24electronic monitoring in accordance with the defendant's
25ability to pay those costs. The county board with the
26concurrence of the Chief Judge of the judicial circuit in which

 

 

HB1908- 35 -LRB097 06479 RLC 50699 b

1the county is located shall establish reasonable fees for the
2cost of maintenance, testing, and incidental expenses related
3to the mandatory drug or alcohol testing, or both, and all
4costs incidental to approved electronic monitoring, involved
5in a successful probation program for the county. The
6concurrence of the Chief Judge shall be in the form of an
7administrative order. The fees shall be collected by the clerk
8of the circuit court. The clerk of the circuit court shall pay
9all moneys collected from these fees to the county treasurer
10who shall use the moneys collected to defray the costs of drug
11testing, alcohol testing, and electronic monitoring. The
12county treasurer shall deposit the fees collected in the county
13working cash fund under Section 6-27001 or Section 6-29002 of
14the Counties Code, as the case may be.
15    (h) Jurisdiction over an offender may be transferred from
16the sentencing court to the court of another circuit with the
17concurrence of both courts. Further transfers or retransfers of
18jurisdiction are also authorized in the same manner. The court
19to which jurisdiction has been transferred shall have the same
20powers as the sentencing court.
21    (i) The court shall impose upon an offender sentenced to
22probation after January 1, 1989 or to conditional discharge
23after January 1, 1992 or to community service under the
24supervision of a probation or court services department after
25January 1, 2004, as a condition of such probation or
26conditional discharge or supervised community service, a fee of

 

 

HB1908- 36 -LRB097 06479 RLC 50699 b

1$50 for each month of probation or conditional discharge
2supervision or supervised community service ordered by the
3court, unless after determining the inability of the person
4sentenced to probation or conditional discharge or supervised
5community service to pay the fee, the court assesses a lesser
6fee. The court may not impose the fee on a minor who is made a
7ward of the State under the Juvenile Court Act of 1987 while
8the minor is in placement. The fee shall be imposed only upon
9an offender who is actively supervised by the probation and
10court services department. The fee shall be collected by the
11clerk of the circuit court. The clerk of the circuit court
12shall pay all monies collected from this fee to the county
13treasurer for deposit in the probation and court services fund
14under Section 15.1 of the Probation and Probation Officers Act.
15    A circuit court may not impose a probation fee under this
16subsection (i) in excess of $25 per month unless the circuit
17court has adopted, by administrative order issued by the chief
18judge, a standard probation fee guide determining an offender's
19ability to pay Of the amount collected as a probation fee, up
20to $5 of that fee collected per month may be used to provide
21services to crime victims and their families.
22    The Court may only waive probation fees based on an
23offender's ability to pay. The probation department may
24re-evaluate an offender's ability to pay every 6 months, and,
25with the approval of the Director of Court Services or the
26Chief Probation Officer, adjust the monthly fee amount. An

 

 

HB1908- 37 -LRB097 06479 RLC 50699 b

1offender may elect to pay probation fees due in a lump sum. Any
2offender that has been assigned to the supervision of a
3probation department, or has been transferred either under
4subsection (h) of this Section or under any interstate compact,
5shall be required to pay probation fees to the department
6supervising the offender, based on the offender's ability to
7pay.
8    This amendatory Act of the 93rd General Assembly deletes
9the $10 increase in the fee under this subsection that was
10imposed by Public Act 93-616. This deletion is intended to
11control over any other Act of the 93rd General Assembly that
12retains or incorporates that fee increase.
13    (i-5) In addition to the fees imposed under subsection (i)
14of this Section, in the case of an offender convicted of a
15felony sex offense (as defined in the Sex Offender Management
16Board Act) or an offense that the court or probation department
17has determined to be sexually motivated (as defined in the Sex
18Offender Management Board Act), the court or the probation
19department shall assess additional fees to pay for all costs of
20treatment, assessment, evaluation for risk and treatment, and
21monitoring the offender, based on that offender's ability to
22pay those costs either as they occur or under a payment plan.
23    (j) All fines and costs imposed under this Section for any
24violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
25Code, or a similar provision of a local ordinance, and any
26violation of the Child Passenger Protection Act, or a similar

 

 

HB1908- 38 -LRB097 06479 RLC 50699 b

1provision of a local ordinance, shall be collected and
2disbursed by the circuit clerk as provided under Section 27.5
3of the Clerks of Courts Act.
4    (k) Any offender who is sentenced to probation or
5conditional discharge for a felony sex offense as defined in
6the Sex Offender Management Board Act or any offense that the
7court or probation department has determined to be sexually
8motivated as defined in the Sex Offender Management Board Act
9shall be required to refrain from any contact, directly or
10indirectly, with any persons specified by the court and shall
11be available for all evaluations and treatment programs
12required by the court or the probation department.
13    (l) The court may order an offender who is sentenced to
14probation or conditional discharge for a violation of an order
15of protection be placed under electronic surveillance as
16provided in Section 5-8A-7 of this Code.
17(Source: P.A. 95-331, eff. 8-21-07; 95-464, eff. 6-1-08;
1895-578, eff. 6-1-08; 95-696, eff. 6-1-08; 95-773, eff. 1-1-09;
1995-876, eff. 8-21-08; 95-983, eff. 6-1-09; 96-262, eff. 1-1-10;
2096-328, eff. 8-11-09; 96-362, eff. 1-1-10; 96-695, eff.
218-25-09; 96-1000, eff. 7-2-10; 96-1414, eff. 1-1-11.)