97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3417

 

Introduced 2/24/2011, by Rep. Dennis M. Reboletti

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-6-3  from Ch. 38, par. 1005-6-3
730 ILCS 5/5-6-3.1  from Ch. 38, par. 1005-6-3.1

    Amends the Unified Code of Corrections. Provides that moneys collected from the fee imposed on defendants convicted of non-alcohol and non-drug offenses and placed on probation or conditional discharge shall be deposited in the probation and court services fund (rather than the working cash fund). Provides for transferring jurisdiction over an offender from the sentencing court to the court of another circuit.


LRB097 08616 RLC 48744 b

 

 

A BILL FOR

 

HB3417LRB097 08616 RLC 48744 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 5-6-3 and 5-6-3.1 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
17    misdemeanor, the offense involved the intentional or
18    knowing infliction of bodily harm or threat of bodily harm;
19        (4) not leave the State without the consent of the
20    court or, in circumstances in which the reason for the
21    absence is of such an emergency nature that prior consent
22    by the court is not possible, without the prior
23    notification and approval of the person's probation

 

 

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1    officer. Transfer of a person's probation or conditional
2    discharge supervision to another state is subject to
3    acceptance by the other state pursuant to the Interstate
4    Compact for Adult Offender Supervision;
5        (5) permit the probation officer to visit him at his
6    home or elsewhere to the extent necessary to discharge his
7    duties;
8        (6) perform no less than 30 hours of community service
9    and not more than 120 hours of community service, if
10    community service is available in the jurisdiction and is
11    funded and approved by the county board where the offense
12    was committed, where the offense was related to or in
13    furtherance of the criminal activities of an organized gang
14    and was motivated by the offender's membership in or
15    allegiance to an organized gang. The community service
16    shall include, but not be limited to, the cleanup and
17    repair of any damage caused by a violation of Section
18    21-1.3 of the Criminal Code of 1961 and similar damage to
19    property located within the municipality or county in which
20    the violation occurred. When possible and reasonable, the
21    community service should be performed in the offender's
22    neighborhood. For purposes of this Section, "organized
23    gang" has the meaning ascribed to it in Section 10 of the
24    Illinois Streetgang Terrorism Omnibus Prevention Act;
25        (7) if he or she is at least 17 years of age and has
26    been sentenced to probation or conditional discharge for a

 

 

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1    misdemeanor or felony in a county of 3,000,000 or more
2    inhabitants and has not been previously convicted of a
3    misdemeanor or felony, may be required by the sentencing
4    court to attend educational courses designed to prepare the
5    defendant for a high school diploma and to work toward a
6    high school diploma or to work toward passing the high
7    school level Test of General Educational Development (GED)
8    or to work toward completing a vocational training program
9    approved by the court. The person on probation or
10    conditional discharge must attend a public institution of
11    education to obtain the educational or vocational training
12    required by this clause (7). The court shall revoke the
13    probation or conditional discharge of a person who wilfully
14    fails to comply with this clause (7). The person on
15    probation or conditional discharge shall be required to pay
16    for the cost of the educational courses or GED test, if a
17    fee is charged for those courses or test. The court shall
18    resentence the offender whose probation or conditional
19    discharge has been revoked as provided in Section 5-6-4.
20    This clause (7) does not apply to a person who has a high
21    school diploma or has successfully passed the GED test.
22    This clause (7) does not apply to a person who is
23    determined by the court to be developmentally disabled or
24    otherwise mentally incapable of completing the educational
25    or vocational program;
26        (8) if convicted of possession of a substance

 

 

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1    prohibited by the Cannabis Control Act, the Illinois
2    Controlled Substances Act, or the Methamphetamine Control
3    and Community Protection Act after a previous conviction or
4    disposition of supervision for possession of a substance
5    prohibited by the Cannabis Control Act or Illinois
6    Controlled Substances Act or after a sentence of probation
7    under Section 10 of the Cannabis Control Act, Section 410
8    of the Illinois Controlled Substances Act, or Section 70 of
9    the Methamphetamine Control and Community Protection Act
10    and upon a finding by the court that the person is
11    addicted, undergo treatment at a substance abuse program
12    approved by the court;
13        (8.5) if convicted of a felony sex offense as defined
14    in the Sex Offender Management Board Act, the person shall
15    undergo and successfully complete sex offender treatment
16    by a treatment provider approved by the Board and conducted
17    in conformance with the standards developed under the Sex
18    Offender Management Board Act;
19        (8.6) if convicted of a sex offense as defined in the
20    Sex Offender Management Board Act, refrain from residing at
21    the same address or in the same condominium unit or
22    apartment unit or in the same condominium complex or
23    apartment complex with another person he or she knows or
24    reasonably should know is a convicted sex offender or has
25    been placed on supervision for a sex offense; the
26    provisions of this paragraph do not apply to a person

 

 

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1    convicted of a sex offense who is placed in a Department of
2    Corrections licensed transitional housing facility for sex
3    offenders;
4        (8.7) if convicted for an offense committed on or after
5    June 1, 2008 (the effective date of Public Act 95-464) that
6    would qualify the accused as a child sex offender as
7    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
8    1961, refrain from communicating with or contacting, by
9    means of the Internet, a person who is not related to the
10    accused and whom the accused reasonably believes to be
11    under 18 years of age; for purposes of this paragraph
12    (8.7), "Internet" has the meaning ascribed to it in Section
13    16J-5 of the Criminal Code of 1961; and a person is not
14    related to the accused if the person is not: (i) the
15    spouse, brother, or sister of the accused; (ii) a
16    descendant of the accused; (iii) a first or second cousin
17    of the accused; or (iv) a step-child or adopted child of
18    the accused;
19        (8.8) if convicted for an offense under Section 11-6,
20    11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal
21    Code of 1961, or any attempt to commit any of these
22    offenses, committed on or after June 1, 2009 (the effective
23    date of Public Act 95-983):
24            (i) not access or use a computer or any other
25        device with Internet capability without the prior
26        written approval of the offender's probation officer,

 

 

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1        except in connection with the offender's employment or
2        search for employment with the prior approval of the
3        offender's probation officer;
4            (ii) submit to periodic unannounced examinations
5        of the offender's computer or any other device with
6        Internet capability by the offender's probation
7        officer, a law enforcement officer, or assigned
8        computer or information technology specialist,
9        including the retrieval and copying of all data from
10        the computer or device and any internal or external
11        peripherals and removal of such information,
12        equipment, or device to conduct a more thorough
13        inspection;
14            (iii) submit to the installation on the offender's
15        computer or device with Internet capability, at the
16        offender's expense, of one or more hardware or software
17        systems to monitor the Internet use; and
18            (iv) submit to any other appropriate restrictions
19        concerning the offender's use of or access to a
20        computer or any other device with Internet capability
21        imposed by the offender's probation officer;
22        (8.9) if convicted of a sex offense as defined in the
23    Sex Offender Registration Act committed on or after January
24    1, 2010 (the effective date of Public Act 96-262), refrain
25    from accessing or using a social networking website as
26    defined in Section 16D-2 of the Criminal Code of 1961;

 

 

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1        (9) if convicted of a felony, physically surrender at a
2    time and place designated by the court, his or her Firearm
3    Owner's Identification Card and any and all firearms in his
4    or her possession;
5        (10) if convicted of a sex offense as defined in
6    subsection (a-5) of Section 3-1-2 of this Code, unless the
7    offender is a parent or guardian of the person under 18
8    years of age present in the home and no non-familial minors
9    are present, not participate in a holiday event involving
10    children under 18 years of age, such as distributing candy
11    or other items to children on Halloween, wearing a Santa
12    Claus costume on or preceding Christmas, being employed as
13    a department store Santa Claus, or wearing an Easter Bunny
14    costume on or preceding Easter; and
15        (11) if convicted of a sex offense as defined in
16    Section 2 of the Sex Offender Registration Act committed on
17    or after January 1, 2010 (the effective date of Public Act
18    96-362) that requires the person to register as a sex
19    offender under that Act, may not knowingly use any computer
20    scrub software on any computer that the sex offender uses.
21    (b) The Court may in addition to other reasonable
22conditions relating to the nature of the offense or the
23rehabilitation of the defendant as determined for each
24defendant in the proper discretion of the Court require that
25the person:
26        (1) serve a term of periodic imprisonment under Article

 

 

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1    7 for a period not to exceed that specified in paragraph
2    (d) of Section 5-7-1;
3        (2) pay a fine and costs;
4        (3) work or pursue a course of study or vocational
5    training;
6        (4) undergo medical, psychological or psychiatric
7    treatment; or treatment for drug addiction or alcoholism;
8        (5) attend or reside in a facility established for the
9    instruction or residence of defendants on probation;
10        (6) support his dependents;
11        (7) and in addition, if a minor:
12            (i) reside with his parents or in a foster home;
13            (ii) attend school;
14            (iii) attend a non-residential program for youth;
15            (iv) contribute to his own support at home or in a
16        foster home;
17            (v) with the consent of the superintendent of the
18        facility, attend an educational program at a facility
19        other than the school in which the offense was
20        committed if he or she is convicted of a crime of
21        violence as defined in Section 2 of the Crime Victims
22        Compensation Act committed in a school, on the real
23        property comprising a school, or within 1,000 feet of
24        the real property comprising a school;
25        (8) make restitution as provided in Section 5-5-6 of
26    this Code;

 

 

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1        (9) perform some reasonable public or community
2    service;
3        (10) serve a term of home confinement. In addition to
4    any other applicable condition of probation or conditional
5    discharge, the conditions of home confinement shall be that
6    the offender:
7            (i) remain within the interior premises of the
8        place designated for his confinement during the hours
9        designated by the court;
10            (ii) admit any person or agent designated by the
11        court into the offender's place of confinement at any
12        time for purposes of verifying the offender's
13        compliance with the conditions of his confinement; and
14            (iii) if further deemed necessary by the court or
15        the Probation or Court Services Department, be placed
16        on an approved electronic monitoring device, subject
17        to Article 8A of Chapter V;
18            (iv) for persons convicted of any alcohol,
19        cannabis or controlled substance violation who are
20        placed on an approved monitoring device as a condition
21        of probation or conditional discharge, the court shall
22        impose a reasonable fee for each day of the use of the
23        device, as established by the county board in
24        subsection (g) of this Section, unless after
25        determining the inability of the offender to pay the
26        fee, the court assesses a lesser fee or no fee as the

 

 

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1        case may be. This fee shall be imposed in addition to
2        the fees imposed under subsections (g) and (i) of this
3        Section. The fee shall be collected by the clerk of the
4        circuit court. The clerk of the circuit court shall pay
5        all monies collected from this fee to the county
6        treasurer for deposit in the substance abuse services
7        fund under Section 5-1086.1 of the Counties Code; and
8            (v) for persons convicted of offenses other than
9        those referenced in clause (iv) above and who are
10        placed on an approved monitoring device as a condition
11        of probation or conditional discharge, the court shall
12        impose a reasonable fee for each day of the use of the
13        device, as established by the county board in
14        subsection (g) of this Section, unless after
15        determining the inability of the defendant to pay the
16        fee, the court assesses a lesser fee or no fee as the
17        case may be. This fee shall be imposed in addition to
18        the fees imposed under subsections (g) and (i) of this
19        Section. The fee shall be collected by the clerk of the
20        circuit court. The clerk of the circuit court shall pay
21        all monies collected from this fee to the county
22        treasurer who shall use the monies collected to defray
23        the costs of corrections. The county treasurer shall
24        deposit the fee collected in the probation and court
25        services fund county working cash fund under Section
26        6-27001 or Section 6-29002 of the Counties Code, as the

 

 

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1        case may be.
2        (11) comply with the terms and conditions of an order
3    of protection issued by the court pursuant to the Illinois
4    Domestic Violence Act of 1986, as now or hereafter amended,
5    or an order of protection issued by the court of another
6    state, tribe, or United States territory. A copy of the
7    order of protection shall be transmitted to the probation
8    officer or agency having responsibility for the case;
9        (12) reimburse any "local anti-crime program" as
10    defined in Section 7 of the Anti-Crime Advisory Council Act
11    for any reasonable expenses incurred by the program on the
12    offender's case, not to exceed the maximum amount of the
13    fine authorized for the offense for which the defendant was
14    sentenced;
15        (13) contribute a reasonable sum of money, not to
16    exceed the maximum amount of the fine authorized for the
17    offense for which the defendant was sentenced, (i) to a
18    "local anti-crime program", as defined in Section 7 of the
19    Anti-Crime Advisory Council Act, or (ii) for offenses under
20    the jurisdiction of the Department of Natural Resources, to
21    the fund established by the Department of Natural Resources
22    for the purchase of evidence for investigation purposes and
23    to conduct investigations as outlined in Section 805-105 of
24    the Department of Natural Resources (Conservation) Law;
25        (14) refrain from entering into a designated
26    geographic area except upon such terms as the court finds

 

 

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1    appropriate. Such terms may include consideration of the
2    purpose of the entry, the time of day, other persons
3    accompanying the defendant, and advance approval by a
4    probation officer, if the defendant has been placed on
5    probation or advance approval by the court, if the
6    defendant was placed on conditional discharge;
7        (15) refrain from having any contact, directly or
8    indirectly, with certain specified persons or particular
9    types of persons, including but not limited to members of
10    street gangs and drug users or dealers;
11        (16) refrain from having in his or her body the
12    presence of any illicit drug prohibited by the Cannabis
13    Control Act, the Illinois Controlled Substances Act, or the
14    Methamphetamine Control and Community Protection Act,
15    unless prescribed by a physician, and submit samples of his
16    or her blood or urine or both for tests to determine the
17    presence of any illicit drug;
18        (17) if convicted for an offense committed on or after
19    June 1, 2008 (the effective date of Public Act 95-464) that
20    would qualify the accused as a child sex offender as
21    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
22    1961, refrain from communicating with or contacting, by
23    means of the Internet, a person who is related to the
24    accused and whom the accused reasonably believes to be
25    under 18 years of age; for purposes of this paragraph (17),
26    "Internet" has the meaning ascribed to it in Section 16J-5

 

 

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

 

 

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1        computer or device with Internet capability, at the
2        subject's expense, of one or more hardware or software
3        systems to monitor the Internet use; and
4            (iv) submit to any other appropriate restrictions
5        concerning the offender's use of or access to a
6        computer or any other device with Internet capability
7        imposed by the offender's probation officer; and
8        (19) refrain from possessing a firearm or other
9    dangerous weapon where the offense is a misdemeanor that
10    did not involve the intentional or knowing infliction of
11    bodily harm or threat of bodily harm.
12    (c) The court may as a condition of probation or of
13conditional discharge require that a person under 18 years of
14age found guilty of any alcohol, cannabis or controlled
15substance violation, refrain from acquiring a driver's license
16during the period of probation or conditional discharge. If
17such person is in possession of a permit or license, the court
18may require that the minor refrain from driving or operating
19any motor vehicle during the period of probation or conditional
20discharge, except as may be necessary in the course of the
21minor's lawful employment.
22    (d) An offender sentenced to probation or to conditional
23discharge shall be given a certificate setting forth the
24conditions thereof.
25    (e) Except where the offender has committed a fourth or
26subsequent violation of subsection (c) of Section 6-303 of the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB3417- 19 -LRB097 08616 RLC 48744 b

1violation of the Child Passenger Protection Act, or a similar
2provision of a local ordinance, shall be collected and
3disbursed by the circuit clerk as provided under Section 27.5
4of the Clerks of Courts Act.
5    (k) Any offender who is sentenced to probation or
6conditional discharge for a felony sex offense as defined in
7the Sex Offender Management Board Act or any offense that the
8court or probation department has determined to be sexually
9motivated as defined in the Sex Offender Management Board Act
10shall be required to refrain from any contact, directly or
11indirectly, with any persons specified by the court and shall
12be available for all evaluations and treatment programs
13required by the court or the probation department.
14    (l) The court may order an offender who is sentenced to
15probation or conditional discharge for a violation of an order
16of protection be placed under electronic surveillance as
17provided in Section 5-8A-7 of this Code.
18(Source: P.A. 95-331, eff. 8-21-07; 95-464, eff. 6-1-08;
1995-578, eff. 6-1-08; 95-696, eff. 6-1-08; 95-773, eff. 1-1-09;
2095-876, eff. 8-21-08; 95-983, eff. 6-1-09; 96-262, eff. 1-1-10;
2196-328, eff. 8-11-09; 96-362, eff. 1-1-10; 96-695, eff.
228-25-09; 96-1000, eff. 7-2-10; 96-1414, eff. 1-1-11.)
 
23    (730 ILCS 5/5-6-3.1)  (from Ch. 38, par. 1005-6-3.1)
24    Sec. 5-6-3.1. Incidents and Conditions of Supervision.
25    (a) When a defendant is placed on supervision, the court

 

 

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1shall enter an order for supervision specifying the period of
2such supervision, and shall defer further proceedings in the
3case until the conclusion of the period.
4    (b) The period of supervision shall be reasonable under all
5of the circumstances of the case, but may not be longer than 2
6years, unless the defendant has failed to pay the assessment
7required by Section 10.3 of the Cannabis Control Act, Section
8411.2 of the Illinois Controlled Substances Act, or Section 80
9of the Methamphetamine Control and Community Protection Act, in
10which case the court may extend supervision beyond 2 years.
11Additionally, the court shall order the defendant to perform no
12less than 30 hours of community service and not more than 120
13hours of community service, if community service is available
14in the jurisdiction and is funded and approved by the county
15board where the offense was committed, when the offense (1) was
16related to or in furtherance of the criminal activities of an
17organized gang or was motivated by the defendant's membership
18in or allegiance to an organized gang; or (2) is a violation of
19any Section of Article 24 of the Criminal Code of 1961 where a
20disposition of supervision is not prohibited by Section 5-6-1
21of this Code. The community service shall include, but not be
22limited to, the cleanup and repair of any damage caused by
23violation of Section 21-1.3 of the Criminal Code of 1961 and
24similar damages to property located within the municipality or
25county in which the violation occurred. Where possible and
26reasonable, the community service should be performed in the

 

 

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1offender's neighborhood.
2    For the purposes of this Section, "organized gang" has the
3meaning ascribed to it in Section 10 of the Illinois Streetgang
4Terrorism Omnibus Prevention Act.
5    (c) The court may in addition to other reasonable
6conditions relating to the nature of the offense or the
7rehabilitation of the defendant as determined for each
8defendant in the proper discretion of the court require that
9the person:
10        (1) make a report to and appear in person before or
11    participate with the court or such courts, person, or
12    social service agency as directed by the court in the order
13    of supervision;
14        (2) pay a fine and costs;
15        (3) work or pursue a course of study or vocational
16    training;
17        (4) undergo medical, psychological or psychiatric
18    treatment; or treatment for drug addiction or alcoholism;
19        (5) attend or reside in a facility established for the
20    instruction or residence of defendants on probation;
21        (6) support his dependents;
22        (7) refrain from possessing a firearm or other
23    dangerous weapon;
24        (8) and in addition, if a minor:
25            (i) reside with his parents or in a foster home;
26            (ii) attend school;

 

 

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1            (iii) attend a non-residential program for youth;
2            (iv) contribute to his own support at home or in a
3        foster home; or
4            (v) with the consent of the superintendent of the
5        facility, attend an educational program at a facility
6        other than the school in which the offense was
7        committed if he or she is placed on supervision for a
8        crime of violence as defined in Section 2 of the Crime
9        Victims Compensation Act committed in a school, on the
10        real property comprising a school, or within 1,000 feet
11        of the real property comprising a school;
12        (9) make restitution or reparation in an amount not to
13    exceed actual loss or damage to property and pecuniary loss
14    or make restitution under Section 5-5-6 to a domestic
15    violence shelter. The court shall determine the amount and
16    conditions of payment;
17        (10) perform some reasonable public or community
18    service;
19        (11) comply with the terms and conditions of an order
20    of protection issued by the court pursuant to the Illinois
21    Domestic Violence Act of 1986 or an order of protection
22    issued by the court of another state, tribe, or United
23    States territory. If the court has ordered the defendant to
24    make a report and appear in person under paragraph (1) of
25    this subsection, a copy of the order of protection shall be
26    transmitted to the person or agency so designated by the

 

 

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

 

 

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1    street gangs and drug users or dealers;
2        (16) refrain from having in his or her body the
3    presence of any illicit drug prohibited by the Cannabis
4    Control Act, the Illinois Controlled Substances Act, or the
5    Methamphetamine Control and Community Protection Act,
6    unless prescribed by a physician, and submit samples of his
7    or her blood or urine or both for tests to determine the
8    presence of any illicit drug;
9        (17) refrain from operating any motor vehicle not
10    equipped with an ignition interlock device as defined in
11    Section 1-129.1 of the Illinois Vehicle Code; under this
12    condition the court may allow a defendant who is not
13    self-employed to operate a vehicle owned by the defendant's
14    employer that is not equipped with an ignition interlock
15    device in the course and scope of the defendant's
16    employment; and
17        (18) if placed on supervision for a sex offense as
18    defined in subsection (a-5) of Section 3-1-2 of this Code,
19    unless the offender is a parent or guardian of the person
20    under 18 years of age present in the home and no
21    non-familial minors are present, not participate in a
22    holiday event involving children under 18 years of age,
23    such as distributing candy or other items to children on
24    Halloween, wearing a Santa Claus costume on or preceding
25    Christmas, being employed as a department store Santa
26    Claus, or wearing an Easter Bunny costume on or preceding

 

 

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1    Easter.
2    (d) The court shall defer entering any judgment on the
3charges until the conclusion of the supervision.
4    (e) At the conclusion of the period of supervision, if the
5court determines that the defendant has successfully complied
6with all of the conditions of supervision, the court shall
7discharge the defendant and enter a judgment dismissing the
8charges.
9    (f) Discharge and dismissal upon a successful conclusion of
10a disposition of supervision shall be deemed without
11adjudication of guilt and shall not be termed a conviction for
12purposes of disqualification or disabilities imposed by law
13upon conviction of a crime. Two years after the discharge and
14dismissal under this Section, unless the disposition of
15supervision was for a violation of Sections 3-707, 3-708,
163-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
17similar provision of a local ordinance, or for a violation of
18Sections 12-3.2 or 16A-3 of the Criminal Code of 1961, in which
19case it shall be 5 years after discharge and dismissal, a
20person may have his record of arrest sealed or expunged as may
21be provided by law. However, any defendant placed on
22supervision before January 1, 1980, may move for sealing or
23expungement of his arrest record, as provided by law, at any
24time after discharge and dismissal under this Section. A person
25placed on supervision for a sexual offense committed against a
26minor as defined in clause (a)(1)(L) of Section 5.2 of the

 

 

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1Criminal Identification Act or for a violation of Section
211-501 of the Illinois Vehicle Code or a similar provision of a
3local ordinance shall not have his or her record of arrest
4sealed or expunged.
5    (g) A defendant placed on supervision and who during the
6period of supervision undergoes mandatory drug or alcohol
7testing, or both, or is assigned to be placed on an approved
8electronic monitoring device, shall be ordered to pay the costs
9incidental to such mandatory drug or alcohol testing, or both,
10and costs incidental to such approved electronic monitoring in
11accordance with the defendant's ability to pay those costs. The
12county board with the concurrence of the Chief Judge of the
13judicial circuit in which the county is located shall establish
14reasonable fees for the cost of maintenance, testing, and
15incidental expenses related to the mandatory drug or alcohol
16testing, or both, and all costs incidental to approved
17electronic monitoring, of all defendants placed on
18supervision. The concurrence of the Chief Judge shall be in the
19form of an administrative order. The fees shall be collected by
20the clerk of the circuit court. The clerk of the circuit court
21shall pay all moneys collected from these fees to the county
22treasurer who shall use the moneys collected to defray the
23costs of drug testing, alcohol testing, and electronic
24monitoring. The county treasurer shall deposit the fees
25collected in the county working cash fund under Section 6-27001
26or Section 6-29002 of the Counties Code, as the case may be.

 

 

HB3417- 27 -LRB097 08616 RLC 48744 b

1    (h) A disposition of supervision is a final order for the
2purposes of appeal.
3    (i) The court shall impose upon a defendant placed on
4supervision after January 1, 1992 or to community service under
5the supervision of a probation or court services department
6after January 1, 2004, as a condition of supervision or
7supervised community service, a fee of $50 for each month of
8supervision or supervised community service ordered by the
9court, unless after determining the inability of the person
10placed on supervision or supervised community service to pay
11the fee, the court assesses a lesser fee. The court may not
12impose the fee on a minor who is made a ward of the State under
13the Juvenile Court Act of 1987 while the minor is in placement.
14The fee shall be imposed only upon a defendant who is actively
15supervised by the probation and court services department. The
16fee shall be collected by the clerk of the circuit court. The
17clerk of the circuit court shall pay all monies collected from
18this fee to the county treasurer for deposit in the probation
19and court services fund pursuant to Section 15.1 of the
20Probation and Probation Officers Act.
21    A circuit court may not impose a probation fee in excess of
22$25 per month unless the circuit court has adopted, by
23administrative order issued by the chief judge, a standard
24probation fee guide determining an offender's ability to pay.
25Of the amount collected as a probation fee, not to exceed $5 of
26that fee collected per month may be used to provide services to

 

 

HB3417- 28 -LRB097 08616 RLC 48744 b

1crime victims and their families.
2    The Court may only waive probation fees based on an
3offender's ability to pay. The probation department may
4re-evaluate an offender's ability to pay every 6 months, and,
5with the approval of the Director of Court Services or the
6Chief Probation Officer, adjust the monthly fee amount. An
7offender may elect to pay probation fees due in a lump sum. Any
8offender that has been assigned to the supervision of a
9probation department, or has been transferred either under
10subsection (h) of this Section or under any interstate compact,
11shall be required to pay probation fees to the department
12supervising the offender, based on the offender's ability to
13pay.
14    (j) All fines and costs imposed under this Section for any
15violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
16Code, or a similar provision of a local ordinance, and any
17violation of the Child Passenger Protection Act, or a similar
18provision of a local ordinance, shall be collected and
19disbursed by the circuit clerk as provided under Section 27.5
20of the Clerks of Courts Act.
21    (k) A defendant at least 17 years of age who is placed on
22supervision for a misdemeanor in a county of 3,000,000 or more
23inhabitants and who has not been previously convicted of a
24misdemeanor or felony may as a condition of his or her
25supervision be required by the court to attend educational
26courses designed to prepare the defendant for a high school

 

 

HB3417- 29 -LRB097 08616 RLC 48744 b

1diploma and to work toward a high school diploma or to work
2toward passing the high school level Test of General
3Educational Development (GED) or to work toward completing a
4vocational training program approved by the court. The
5defendant placed on supervision must attend a public
6institution of education to obtain the educational or
7vocational training required by this subsection (k). The
8defendant placed on supervision shall be required to pay for
9the cost of the educational courses or GED test, if a fee is
10charged for those courses or test. The court shall revoke the
11supervision of a person who wilfully fails to comply with this
12subsection (k). The court shall resentence the defendant upon
13revocation of supervision as provided in Section 5-6-4. This
14subsection (k) does not apply to a defendant who has a high
15school diploma or has successfully passed the GED test. This
16subsection (k) does not apply to a defendant who is determined
17by the court to be developmentally disabled or otherwise
18mentally incapable of completing the educational or vocational
19program.
20    (l) The court shall require a defendant placed on
21supervision for possession of a substance prohibited by the
22Cannabis Control Act, the Illinois Controlled Substances Act,
23or the Methamphetamine Control and Community Protection Act
24after a previous conviction or disposition of supervision for
25possession of a substance prohibited by the Cannabis Control
26Act, the Illinois Controlled Substances Act, or the

 

 

HB3417- 30 -LRB097 08616 RLC 48744 b

1Methamphetamine Control and Community Protection Act or a
2sentence of probation under Section 10 of the Cannabis Control
3Act or Section 410 of the Illinois Controlled Substances Act
4and after a finding by the court that the person is addicted,
5to undergo treatment at a substance abuse program approved by
6the court.
7    (m) The Secretary of State shall require anyone placed on
8court supervision for a violation of Section 3-707 of the
9Illinois Vehicle Code or a similar provision of a local
10ordinance to give proof of his or her financial responsibility
11as defined in Section 7-315 of the Illinois Vehicle Code. The
12proof shall be maintained by the individual in a manner
13satisfactory to the Secretary of State for a minimum period of
143 years after the date the proof is first filed. The proof
15shall be limited to a single action per arrest and may not be
16affected by any post-sentence disposition. The Secretary of
17State shall suspend the driver's license of any person
18determined by the Secretary to be in violation of this
19subsection.
20    (n) Any offender placed on supervision for any offense that
21the court or probation department has determined to be sexually
22motivated as defined in the Sex Offender Management Board Act
23shall be required to refrain from any contact, directly or
24indirectly, with any persons specified by the court and shall
25be available for all evaluations and treatment programs
26required by the court or the probation department.

 

 

HB3417- 31 -LRB097 08616 RLC 48744 b

1    (o) An offender placed on supervision for a sex offense as
2defined in the Sex Offender Management Board Act shall refrain
3from residing at the same address or in the same condominium
4unit or apartment unit or in the same condominium complex or
5apartment complex with another person he or she knows or
6reasonably should know is a convicted sex offender or has been
7placed on supervision for a sex offense. The provisions of this
8subsection (o) do not apply to a person convicted of a sex
9offense who is placed in a Department of Corrections licensed
10transitional housing facility for sex offenders.
11    (p) An offender placed on supervision for an offense
12committed on or after June 1, 2008 (the effective date of
13Public Act 95-464) that would qualify the accused as a child
14sex offender as defined in Section 11-9.3 or 11-9.4 of the
15Criminal Code of 1961 shall refrain from communicating with or
16contacting, by means of the Internet, a person who is not
17related to the accused and whom the accused reasonably believes
18to be under 18 years of age. For purposes of this subsection
19(p), "Internet" has the meaning ascribed to it in Section 16J-5
20of the Criminal Code of 1961; and a person is not related to
21the accused if the person is not: (i) the spouse, brother, or
22sister of the accused; (ii) a descendant of the accused; (iii)
23a first or second cousin of the accused; or (iv) a step-child
24or adopted child of the accused.
25    (q) An offender placed on supervision for an offense
26committed on or after June 1, 2008 (the effective date of

 

 

HB3417- 32 -LRB097 08616 RLC 48744 b

1Public Act 95-464) that would qualify the accused as a child
2sex offender as defined in Section 11-9.3 or 11-9.4 of the
3Criminal Code of 1961 shall, if so ordered by the court,
4refrain from communicating with or contacting, by means of the
5Internet, a person who is related to the accused and whom the
6accused reasonably believes to be under 18 years of age. For
7purposes of this subsection (q), "Internet" has the meaning
8ascribed to it in Section 16J-5 of the Criminal Code of 1961;
9and a person is related to the accused if the person is: (i)
10the spouse, brother, or sister of the accused; (ii) a
11descendant of the accused; (iii) a first or second cousin of
12the accused; or (iv) a step-child or adopted child of the
13accused.
14    (r) An offender placed on supervision for an offense under
15Section 11-6, 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of
16the Criminal Code of 1961, or any attempt to commit any of
17these offenses, committed on or after the effective date of
18this amendatory Act of the 95th General Assembly shall:
19        (i) not access or use a computer or any other device
20    with Internet capability without the prior written
21    approval of the court, except in connection with the
22    offender's employment or search for employment with the
23    prior approval of the court;
24        (ii) submit to periodic unannounced examinations of
25    the offender's computer or any other device with Internet
26    capability by the offender's probation officer, a law

 

 

HB3417- 33 -LRB097 08616 RLC 48744 b

1    enforcement officer, or assigned computer or information
2    technology specialist, including the retrieval and copying
3    of all data from the computer or device and any internal or
4    external peripherals and removal of such information,
5    equipment, or device to conduct a more thorough 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 computer or
12    any other device with Internet capability imposed by the
13    court.
14    (s) An offender placed on supervision for an offense that
15is a sex offense as defined in Section 2 of the Sex Offender
16Registration Act that is committed on or after January 1, 2010
17(the effective date of Public Act 96-362) that requires the
18person to register as a sex offender under that Act, may not
19knowingly use any computer scrub software on any computer that
20the sex offender uses.
21    (t) An offender placed on supervision for a sex offense as
22defined in the Sex Offender Registration Act committed on or
23after January 1, 2010 (the effective date of Public Act 96-262)
24shall refrain from accessing or using a social networking
25website as defined in Section 16D-2 of the Criminal Code of
261961.

 

 

HB3417- 34 -LRB097 08616 RLC 48744 b

1    (u) Jurisdiction over an offender may be transferred from
2the sentencing court to the court of another circuit with the
3concurrence of both courts. Further transfers or retransfers of
4jurisdiction are also authorized in the same manner. The court
5to which jurisdiction has been transferred shall have the same
6powers as the sentencing court. The probation department within
7the circuit to which jurisdiction has been transferred may
8impose probation fees upon receiving the transferred offender,
9as provided in subsection (i). The probation department from
10the original sentencing court shall retain all probation fees
11collected prior to the transfer.
12(Source: P.A. 95-211, eff. 1-1-08; 95-331, eff. 8-21-07;
1395-464, eff. 6-1-08; 95-696, eff. 6-1-08; 95-876, eff. 8-21-08;
1495-983, eff. 6-1-09; 96-262, eff. 1-1-10; 96-362, eff. 1-1-10;
1596-409, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1414, eff.
161-1-11.)