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093_HB1349
LRB093 03354 RLC 06248 b
1 AN ACT in relation to sex offenders.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Sex Offender Management Board Act is
5 amended by changing Section 15 as follows:
6 (20 ILCS 4026/15)
7 Sec. 15. Sex Offender Management Board; creation;
8 duties.
9 (a) There is created the Sex Offender Management Board,
10 which shall consist of 20 members. The membership of the
11 Board shall consist of the following persons:
12 (1) Two members appointed by the Governor
13 representing the judiciary, one representing juvenile
14 court matters and one representing adult criminal court
15 matters;
16 (2) One member appointed by the Governor
17 representing Probation Services;
18 (3) One member appointed by the Governor
19 representing the Department of Corrections;
20 (4) One member appointed by the Governor
21 representing the Department of Human Services;
22 (5) One member appointed by the Governor
23 representing the Illinois State Police;
24 (6) One member appointed by the Governor
25 representing the Department of Children and Family
26 Services;
27 (7) One member appointed by the Attorney General
28 representing the Office of the Attorney General;
29 (8) Two members appointed by the Attorney General
30 who are licensed mental health professionals with
31 documented expertise in the treatment of sex offenders;
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1 (9) Two members appointed by the Attorney General
2 who are State's Attorneys or assistant State's Attorneys,
3 one representing juvenile court matters and one
4 representing felony court matters;
5 (10) One member being the Cook County State's
6 Attorney or his or her designee;
7 (11) One member being the Director of the State's
8 Attorneys Appellate Prosecutor or his or her designee;
9 (12) One member being the Cook County Public
10 Defender or his or her designee;
11 (13) Two members appointed by the Governor who are
12 representatives of law enforcement, one juvenile officer
13 and one sex crime investigator;
14 (14) Two members appointed by the Attorney General
15 who are recognized experts in the field of sexual assault
16 and who can represent sexual assault victims and victims'
17 rights organizations; and
18 (15) One member being the State Appellate Defender
19 or his or her designee.
20 (b) The Governor and the Attorney General shall appoint
21 a presiding officer for the Board from among the board
22 members appointed under subsection (a) of this Section, which
23 presiding officer shall serve at the pleasure of the Governor
24 and the Attorney General.
25 (c) Each member of the Board shall demonstrate
26 substantial expertise and experience in the field of sexual
27 assault.
28 (d) (1) Any member of the Board created in subsection
29 (a) of this Section who is appointed under paragraphs (1)
30 through (7) of subsection (a) of this Section shall serve at
31 the pleasure of the official who appointed that member, for a
32 term of 5 years and may be reappointed. The members shall
33 serve without additional compensation.
34 (2) Any member of the Board created in subsection (a) of
-3- LRB093 03354 RLC 06248 b
1 this Section who is appointed under paragraphs (8) through
2 (14) of subsection (a) of this Section shall serve for a term
3 of 5 years and may be reappointed. The members shall serve
4 without compensation.
5 (3) The travel costs associated with membership on the
6 Board created in subsection (a) of this Section will be
7 reimbursed subject to availability of funds.
8 (e) The first meeting of this Board shall be held within
9 45 days of the effective date of this Act.
10 (f) The Board shall carry out the following duties:
11 (1) Not later than December 31, 2001, the Board
12 shall develop and prescribe separate standardized
13 procedures for the evaluation and identification of the
14 offender and recommend behavior management, monitoring,
15 and counseling based upon the knowledge that sex
16 offenders are extremely habituated and that there is no
17 known cure for the propensity to commit sex abuse. The
18 Board shall develop and implement measures of success
19 based upon a no-cure policy for intervention. The Board
20 shall develop and implement methods of intervention for
21 sex offenders which have as a priority the physical and
22 psychological safety of victims and potential victims and
23 which are appropriate to the needs of the particular
24 offender, so long as there is no reduction of the safety
25 of victims and potential victims.
26 (2) Not later than December 31, 2001, the Board
27 shall develop separate guidelines and standards for a
28 system of programs for the counseling of both juvenile
29 and adult sex offenders which can be utilized by
30 offenders who are placed on probation, committed to the
31 Department of Corrections or Department of Human
32 Services, or placed on mandatory supervised release or
33 parole. The programs developed under this paragraph (f)
34 shall be as flexible as possible so that the programs may
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1 be utilized by each offender to prevent the offender from
2 harming victims and potential victims. The programs
3 shall be structured in such a manner that the programs
4 provide a continuing monitoring process as well as a
5 continuum of counseling programs for each offender as
6 that offender proceeds through the justice system. Also,
7 the programs shall be developed in such a manner that, to
8 the extent possible, the programs may be accessed by all
9 offenders in the justice system.
10 (3) There is established the Sex Offender
11 Management Board Fund in the State Treasury into which
12 funds received from public or private sources shall be
13 deposited, and from which funds shall be appropriated to
14 the Sex Offender Management Board for planning and
15 research.
16 (4) The Board shall develop and prescribe a plan to
17 research and analyze the effectiveness of the evaluation,
18 identification, and counseling procedures and programs
19 developed under this Act. The Board shall also develop
20 and prescribe a system for implementation of the
21 guidelines and standards developed under paragraph (2) of
22 this subsection (f) and for tracking offenders who have
23 been subjected to evaluation, identification, and
24 counseling under this Act. In addition, the Board shall
25 develop a system for monitoring offender behaviors and
26 offender adherence to prescribed behavioral changes. The
27 results of the tracking and behavioral monitoring shall
28 be a part of any analysis made under this paragraph (4).
29 (5) The Board shall require that a sex offender who
30 is placed on probation or released from a penal
31 institution or mental health facility: (1) undergo
32 continuous psychological or psychiatric treatment for his
33 or her sexual behavior, (2) be prohibited from contacting
34 the victim of his or her sex offense, and (3) be
-5- LRB093 03354 RLC 06248 b
1 prohibited from possessing any materials that the Board
2 deems violent or pornographic. The Board shall also
3 require that the released sex offender be monitored by a
4 probation, parole, or other supervising officer approved
5 by the Board. The Board shall require that the
6 supervising officer approve the released sex offender's
7 residence and place of employment. The Board shall
8 require that the supervising officer make unannounced
9 visits to the sex offender's residence or place of
10 business to verify the sex offender's residence and
11 employment. The supervising officer shall in conjunction
12 with rules developed jointly by the Attorney General and
13 the Board develop a community support system intended to
14 prevent the released sex offender from committing future
15 crimes.
16 (f-5) If a person convicted of a sex offense fails to
17 pay any fine imposed by the court as a result of conviction
18 for the sex offense, the Attorney General shall bring an
19 action under Part 7 or 8 of Article XII of the Code of Civil
20 Procedure to seek garnishment of the sex offender's assets or
21 a wage deduction order against the sex offender for the
22 payment of the fines imposed for the sex offense under
23 Article 9 of Chapter V of the Unified Code of Corrections.
24 (g) The Board may promulgate rules as are necessary to
25 carry out the duties of the Board.
26 (h) The Board and the individual members of the Board
27 shall be immune from any liability, whether civil or
28 criminal, for the good faith performance of the duties of the
29 Board as specified in this Section.
30 (Source: P.A. 90-133, eff. 7-22-97; 90-793, eff. 8-14-98;
31 91-235, eff. 7-22-99; 91-798, eff. 7-9-00.)
32 Section 10. The Unified Code of Corrections is amended
33 by changing Sections 3-3-7 and 5-6-3 as follows:
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1 (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
2 Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
3 Release.
4 (a) The conditions of parole or mandatory supervised
5 release shall be such as the Prisoner Review Board deems
6 necessary to assist the subject in leading a law-abiding
7 life. The conditions of every parole and mandatory supervised
8 release are that the subject:
9 (1) not violate any criminal statute of any
10 jurisdiction during the parole or release term;
11 (2) refrain from possessing a firearm or other
12 dangerous weapon;
13 (3) report to an agent of the Department of
14 Corrections;
15 (4) permit the agent to visit him or her at his or
16 her home, employment, or elsewhere to the extent
17 necessary for the agent to discharge his or her duties;
18 (5) attend or reside in a facility established for
19 the instruction or residence of persons on parole or
20 mandatory supervised release;
21 (6) secure permission before visiting or writing a
22 committed person in an Illinois Department of Corrections
23 facility;
24 (7) report all arrests to an agent of the
25 Department of Corrections as soon as permitted by the
26 arresting authority but in no event later than 24 hours
27 after release from custody;
28 (8) obtain permission of an agent of the Department
29 of Corrections before leaving the State of Illinois;
30 (9) obtain permission of an agent of the Department
31 of Corrections before changing his or her residence or
32 employment;
33 (10) consent to a search of his or her person,
34 property, or residence under his or her control;
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1 (11) refrain from the use or possession of
2 narcotics or other controlled substances in any form, or
3 both, or any paraphernalia related to those substances
4 and submit to a urinalysis test as instructed by a parole
5 agent of the Department of Corrections;
6 (12) not frequent places where controlled
7 substances are illegally sold, used, distributed, or
8 administered;
9 (13) not knowingly associate with other persons on
10 parole or mandatory supervised release without prior
11 written permission of his or her parole agent and not
12 associate with persons who are members of an organized
13 gang as that term is defined in the Illinois Streetgang
14 Terrorism Omnibus Prevention Act;
15 (14) provide true and accurate information, as it
16 relates to his or her adjustment in the community while
17 on parole or mandatory supervised release or to his or
18 her conduct while incarcerated, in response to inquiries
19 by his or her parole agent or of the Department of
20 Corrections; and
21 (15) follow any specific instructions provided by
22 the parole agent that are consistent with furthering
23 conditions set and approved by the Prisoner Review Board
24 or by law, exclusive of placement on electronic
25 detention, to achieve the goals and objectives of his or
26 her parole or mandatory supervised release or to protect
27 the public. These instructions by the parole agent may be
28 modified at any time, as the agent deems appropriate.
29 (b) The Board may in addition to other conditions
30 require that the subject:
31 (1) work or pursue a course of study or vocational
32 training;
33 (2) undergo medical or psychiatric treatment, or
34 treatment for drug addiction or alcoholism;
-8- LRB093 03354 RLC 06248 b
1 (3) attend or reside in a facility established for
2 the instruction or residence of persons on probation or
3 parole;
4 (4) support his dependents;
5 (5) (blank);
6 (6) (blank);
7 (7) comply with the terms and conditions of an
8 order of protection issued pursuant to the Illinois
9 Domestic Violence Act of 1986, enacted by the 84th
10 General Assembly, or an order of protection issued by the
11 court of another state, tribe, or United States
12 territory; and
13 (8) in addition, if a minor:
14 (i) reside with his parents or in a foster
15 home;
16 (ii) attend school;
17 (iii) attend a non-residential program for
18 youth; or
19 (iv) contribute to his own support at home or
20 in a foster home.
21 (b-5) A sex offender as defined in the Sex Offender
22 Management Board Act who is placed on parole or mandatory
23 supervised release shall be subject to the provisions of
24 paragraph (5) of subsection (f) of Section 15 of that Act.
25 (c) The conditions under which the parole or mandatory
26 supervised release is to be served shall be communicated to
27 the person in writing prior to his release, and he shall sign
28 the same before release. A signed copy of these conditions,
29 including a copy of an order of protection where one had been
30 issued by the criminal court, shall be retained by the person
31 and another copy forwarded to the officer in charge of his
32 supervision.
33 (d) After a hearing under Section 3-3-9, the Prisoner
34 Review Board may modify or enlarge the conditions of parole
-9- LRB093 03354 RLC 06248 b
1 or mandatory supervised release.
2 (e) The Department shall inform all offenders committed
3 to the Department of the optional services available to them
4 upon release and shall assist inmates in availing themselves
5 of such optional services upon their release on a voluntary
6 basis.
7 (Source: P.A. 91-903, eff. 1-1-01; 92-460, eff. 1-1-02.)
8 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
9 Sec. 5-6-3. Conditions of Probation and of Conditional
10 Discharge.
11 (a) The conditions of probation and of conditional
12 discharge shall be that the person:
13 (1) not violate any criminal statute of any
14 jurisdiction;
15 (2) report to or appear in person before such
16 person or agency as directed by the court;
17 (3) refrain from possessing a firearm or other
18 dangerous weapon;
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
24 officer. Transfer of a person's probation or conditional
25 discharge supervision to another state is subject to
26 acceptance by the other state pursuant to the Interstate
27 Compact for Adult Offender Supervision;
28 (5) permit the probation officer to visit him at
29 his home or elsewhere to the extent necessary to
30 discharge his duties;
31 (6) perform no less than 30 hours of community
32 service and not more than 120 hours of community service,
33 if community service is available in the jurisdiction and
-10- LRB093 03354 RLC 06248 b
1 is funded and approved by the county board where the
2 offense was committed, where the offense was related to
3 or in furtherance of the criminal activities of an
4 organized gang and was motivated by the offender's
5 membership in or allegiance to an organized gang. The
6 community service shall include, but not be limited to,
7 the cleanup and repair of any damage caused by a
8 violation of Section 21-1.3 of the Criminal Code of 1961
9 and similar damage to property located within the
10 municipality or county in which the violation occurred.
11 When possible and reasonable, the community service
12 should be performed in the offender's neighborhood. For
13 purposes of this Section, "organized gang" has the
14 meaning ascribed to it in Section 10 of the Illinois
15 Streetgang Terrorism Omnibus Prevention Act;
16 (7) if he or she is at least 17 years of age and
17 has been sentenced to probation or conditional discharge
18 for a misdemeanor or felony in a county of 3,000,000 or
19 more inhabitants and has not been previously convicted of
20 a misdemeanor or felony, may be required by the
21 sentencing court to attend educational courses designed
22 to prepare the defendant for a high school diploma and to
23 work toward a high school diploma or to work toward
24 passing the high school level Test of General Educational
25 Development (GED) or to work toward completing a
26 vocational training program approved by the court. The
27 person on probation or conditional discharge must attend
28 a public institution of education to obtain the
29 educational or vocational training required by this
30 clause (7). The court shall revoke the probation or
31 conditional discharge of a person who wilfully fails to
32 comply with this clause (7). The person on probation or
33 conditional discharge shall be required to pay for the
34 cost of the educational courses or GED test, if a fee is
-11- LRB093 03354 RLC 06248 b
1 charged for those courses or test. The court shall
2 resentence the offender whose probation or conditional
3 discharge has been revoked as provided in Section 5-6-4.
4 This clause (7) does not apply to a person who has a
5 high school diploma or has successfully passed the GED
6 test. This clause (7) does not apply to a person who is
7 determined by the court to be developmentally disabled or
8 otherwise mentally incapable of completing the
9 educational or vocational program;
10 (8) if convicted of possession of a substance
11 prohibited by the Cannabis Control Act or Illinois
12 Controlled Substances Act after a previous conviction or
13 disposition of supervision for possession of a substance
14 prohibited by the Cannabis Control Act or Illinois
15 Controlled Substances Act or after a sentence of
16 probation under Section 10 of the Cannabis Control Act or
17 Section 410 of the Illinois Controlled Substances Act and
18 upon a finding by the court that the person is addicted,
19 undergo treatment at a substance abuse program approved
20 by the court; and
21 (9) if convicted of a felony, physically surrender
22 at a time and place designated by the court, his or her
23 Firearm Owner's Identification Card and any and all
24 firearms in his or her possession.
25 (b) The Court may in addition to other reasonable
26 conditions relating to the nature of the offense or the
27 rehabilitation of the defendant as determined for each
28 defendant in the proper discretion of the Court require that
29 the person:
30 (1) serve a term of periodic imprisonment under
31 Article 7 for a period not to exceed that specified in
32 paragraph (d) of Section 5-7-1;
33 (2) pay a fine and costs;
34 (3) work or pursue a course of study or vocational
-12- LRB093 03354 RLC 06248 b
1 training;
2 (4) undergo medical, psychological or psychiatric
3 treatment; or treatment for drug addiction or alcoholism;
4 (5) attend or reside in a facility established for
5 the instruction or residence of defendants on probation;
6 (6) support his dependents;
7 (7) and in addition, if a minor:
8 (i) reside with his parents or in a foster
9 home;
10 (ii) attend school;
11 (iii) attend a non-residential program for
12 youth;
13 (iv) contribute to his own support at home or
14 in a foster home;
15 (v) with the consent of the superintendent of
16 the facility, attend an educational program at a
17 facility other than the school in which the offense
18 was committed if he or she is convicted of a crime
19 of violence as defined in Section 2 of the Crime
20 Victims Compensation Act committed in a school, on
21 the real property comprising a school, or within
22 1,000 feet of the real property comprising a school;
23 (8) make restitution as provided in Section 5-5-6
24 of this Code;
25 (9) perform some reasonable public or community
26 service;
27 (10) serve a term of home confinement. In addition
28 to any other applicable condition of probation or
29 conditional discharge, the conditions of home confinement
30 shall be that the offender:
31 (i) remain within the interior premises of the
32 place designated for his confinement during the
33 hours designated by the court;
34 (ii) admit any person or agent designated by
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1 the court into the offender's place of confinement
2 at any time for purposes of verifying the offender's
3 compliance with the conditions of his confinement;
4 and
5 (iii) if further deemed necessary by the court
6 or the Probation or Court Services Department, be
7 placed on an approved electronic monitoring device,
8 subject to Article 8A of Chapter V;
9 (iv) for persons convicted of any alcohol,
10 cannabis or controlled substance violation who are
11 placed on an approved monitoring device as a
12 condition of probation or conditional discharge, the
13 court shall impose a reasonable fee for each day of
14 the use of the device, as established by the county
15 board in subsection (g) of this Section, unless
16 after determining the inability of the offender to
17 pay the fee, the court assesses a lesser fee or no
18 fee as the case may be. This fee shall be imposed in
19 addition to the fees imposed under subsections
20 (g) and (i) of this Section. The fee shall be
21 collected by the clerk of the circuit court. The
22 clerk of the circuit court shall pay all monies
23 collected from this fee to the county treasurer for
24 deposit in the substance abuse services fund under
25 Section 5-1086.1 of the Counties Code; and
26 (v) for persons convicted of offenses other
27 than those referenced in clause (iv) above and who
28 are placed on an approved monitoring device as a
29 condition of probation or conditional discharge, the
30 court shall impose a reasonable fee for each day of
31 the use of the device, as established by the county
32 board in subsection (g) of this Section, unless
33 after determining the inability of the defendant to
34 pay the fee, the court assesses a lesser fee or no
-14- LRB093 03354 RLC 06248 b
1 fee as the case may be. This fee shall be imposed
2 in addition to the fees imposed under subsections
3 (g) and (i) of this Section. The fee shall be
4 collected by the clerk of the circuit court. The
5 clerk of the circuit court shall pay all monies
6 collected from this fee to the county treasurer who
7 shall use the monies collected to defray the costs
8 of corrections. The county treasurer shall deposit
9 the fee collected in the county working cash fund
10 under Section 6-27001 or Section 6-29002 of the
11 Counties Code, as the case may be.
12 (11) comply with the terms and conditions of an
13 order of protection issued by the court pursuant to the
14 Illinois Domestic Violence Act of 1986, as now or
15 hereafter amended, or an order of protection issued by
16 the court of another state, tribe, or United States
17 territory. A copy of the order of protection shall be
18 transmitted to the probation officer or agency having
19 responsibility for the case;
20 (12) reimburse any "local anti-crime program" as
21 defined in Section 7 of the Anti-Crime Advisory Council
22 Act for any reasonable expenses incurred by the program
23 on the offender's case, not to exceed the maximum amount
24 of the fine authorized for the offense for which the
25 defendant was sentenced;
26 (13) contribute a reasonable sum of money, not to
27 exceed the maximum amount of the fine authorized for the
28 offense for which the defendant was sentenced, to a
29 "local anti-crime program", as defined in Section 7 of
30 the Anti-Crime Advisory Council Act;
31 (14) refrain from entering into a designated
32 geographic area except upon such terms as the court finds
33 appropriate. Such terms may include consideration of the
34 purpose of the entry, the time of day, other persons
-15- LRB093 03354 RLC 06248 b
1 accompanying the defendant, and advance approval by a
2 probation officer, if the defendant has been placed on
3 probation or advance approval by the court, if the
4 defendant was placed on conditional discharge;
5 (15) refrain from having any contact, directly or
6 indirectly, with certain specified persons or particular
7 types of persons, including but not limited to members of
8 street gangs and drug users or dealers;
9 (16) refrain from having in his or her body the
10 presence of any illicit drug prohibited by the Cannabis
11 Control Act or the Illinois Controlled Substances Act,
12 unless prescribed by a physician, and submit samples of
13 his or her blood or urine or both for tests to determine
14 the presence of any illicit drug.
15 (b-5) A sex offender as defined in the Sex Offender
16 Management Board Act who is placed on probation or
17 conditional discharge shall be subject to the provisions of
18 paragraph (5) of subsection (f) of Section 15 of that Act.
19 (c) The court may as a condition of probation or of
20 conditional discharge require that a person under 18 years of
21 age found guilty of any alcohol, cannabis or controlled
22 substance violation, refrain from acquiring a driver's
23 license during the period of probation or conditional
24 discharge. If such person is in possession of a permit or
25 license, the court may require that the minor refrain from
26 driving or operating any motor vehicle during the period of
27 probation or conditional discharge, except as may be
28 necessary in the course of the minor's lawful employment.
29 (d) An offender sentenced to probation or to conditional
30 discharge shall be given a certificate setting forth the
31 conditions thereof.
32 (e) Except where the offender has committed a fourth or
33 subsequent violation of subsection (c) of Section 6-303 of
34 the Illinois Vehicle Code, the court shall not require as a
-16- LRB093 03354 RLC 06248 b
1 condition of the sentence of probation or conditional
2 discharge that the offender be committed to a period of
3 imprisonment in excess of 6 months. This 6 month limit shall
4 not include periods of confinement given pursuant to a
5 sentence of county impact incarceration under Section
6 5-8-1.2. This 6 month limit does not apply to a person
7 sentenced to probation as a result of a conviction of a
8 fourth or subsequent violation of subsection (c-4) of Section
9 11-501 of the Illinois Vehicle Code or a similar provision of
10 a local ordinance.
11 Persons committed to imprisonment as a condition of
12 probation or conditional discharge shall not be committed to
13 the Department of Corrections.
14 (f) The court may combine a sentence of periodic
15 imprisonment under Article 7 or a sentence to a county impact
16 incarceration program under Article 8 with a sentence of
17 probation or conditional discharge.
18 (g) An offender sentenced to probation or to conditional
19 discharge and who during the term of either undergoes
20 mandatory drug or alcohol testing, or both, or is assigned to
21 be placed on an approved electronic monitoring device, shall
22 be ordered to pay all costs incidental to such mandatory drug
23 or alcohol testing, or both, and all costs incidental to such
24 approved electronic monitoring in accordance with the
25 defendant's ability to pay those costs. The county board
26 with the concurrence of the Chief Judge of the judicial
27 circuit in which the county is located shall establish
28 reasonable fees for the cost of maintenance, testing, and
29 incidental expenses related to the mandatory drug or alcohol
30 testing, or both, and all costs incidental to approved
31 electronic monitoring, involved in a successful probation
32 program for the county. The concurrence of the Chief Judge
33 shall be in the form of an administrative order. The fees
34 shall be collected by the clerk of the circuit court. The
-17- LRB093 03354 RLC 06248 b
1 clerk of the circuit court shall pay all moneys collected
2 from these fees to the county treasurer who shall use the
3 moneys collected to defray the costs of drug testing, alcohol
4 testing, and electronic monitoring. The county treasurer
5 shall deposit the fees collected in the county working cash
6 fund under Section 6-27001 or Section 6-29002 of the Counties
7 Code, as the case may be.
8 (h) Jurisdiction over an offender may be transferred
9 from the sentencing court to the court of another circuit
10 with the concurrence of both courts. Further transfers or
11 retransfers of jurisdiction are also authorized in the same
12 manner. The court to which jurisdiction has been transferred
13 shall have the same powers as the sentencing court.
14 (i) The court shall impose upon an offender sentenced to
15 probation after January 1, 1989 or to conditional discharge
16 after January 1, 1992, as a condition of such probation or
17 conditional discharge, a fee of $25 for each month of
18 probation or conditional discharge supervision ordered by the
19 court, unless after determining the inability of the person
20 sentenced to probation or conditional discharge to pay the
21 fee, the court assesses a lesser fee. The court may not
22 impose the fee on a minor who is made a ward of the State
23 under the Juvenile Court Act of 1987 while the minor is in
24 placement. The fee shall be imposed only upon an offender who
25 is actively supervised by the probation and court services
26 department. The fee shall be collected by the clerk of the
27 circuit court. The clerk of the circuit court shall pay all
28 monies collected from this fee to the county treasurer for
29 deposit in the probation and court services fund under
30 Section 15.1 of the Probation and Probation Officers Act.
31 (j) All fines and costs imposed under this Section for
32 any violation of Chapters 3, 4, 6, and 11 of the Illinois
33 Vehicle Code, or a similar provision of a local ordinance,
34 and any violation of the Child Passenger Protection Act, or a
-18- LRB093 03354 RLC 06248 b
1 similar provision of a local ordinance, shall be collected
2 and disbursed by the circuit clerk as provided under Section
3 27.5 of the Clerks of Courts Act.
4 (Source: P.A. 91-325, eff. 7-29-99; 91-696, eff. 4-13-00;
5 91-903, eff. 1-1-01; 92-282, eff. 8-7-01; 92-340, eff.
6 8-10-01; 92-418, eff. 8-17-01; 92-442, eff. 8-17-01; 92-571,
7 eff. 6-26-02; 92-651, eff. 7-11-02.)
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