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Full Text of HB1908  97th General Assembly

HB1908enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
HB1908 EnrolledLRB097 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 unless prescribed by a physician; and
14            (B) prohibited from purchasing, possessing, or
15        having under his or her control any product containing
16        ammonium nitrate.
17    (b) The Board may in addition to other conditions require
18that the subject:
19        (1) work or pursue a course of study or vocational
20    training;
21        (2) undergo medical or psychiatric treatment, or
22    treatment for drug addiction or alcoholism;
23        (3) attend or reside in a facility established for the
24    instruction or residence of persons on probation or parole;
25        (4) support his dependents;
26        (5) (blank);

 

 

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1        (6) (blank);
2        (7) comply with the terms and conditions of an order of
3    protection issued pursuant to the Illinois Domestic
4    Violence Act of 1986, enacted by the 84th General Assembly,
5    or an order of protection issued by the court of another
6    state, tribe, or United States territory;
7        (7.5) if convicted for an offense committed on or after
8    the effective date of this amendatory Act of the 95th
9    General Assembly that would qualify the accused as a child
10    sex offender as defined in Section 11-9.3 or 11-9.4 of the
11    Criminal Code of 1961, refrain from communicating with or
12    contacting, by means of the Internet, a person who is
13    related to the accused and whom the accused reasonably
14    believes to be under 18 years of age; for purposes of this
15    paragraph (7.5), "Internet" has the meaning ascribed to it
16    in Section 16J-5 of the Criminal Code of 1961; and a person
17    is related to the accused if the person is: (i) the spouse,
18    brother, or sister of the accused; (ii) a descendant of the
19    accused; (iii) a first or second cousin of the accused; or
20    (iv) a step-child or adopted child of the accused;
21        (7.6) if convicted for an offense committed on or after
22    June 1, 2009 (the effective date of Public Act 95-983) that
23    would qualify as a sex offense as defined in the Sex
24    Offender Registration Act:
25            (i) not access or use a computer or any other
26        device with Internet capability without the prior

 

 

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1        written approval of the Department;
2            (ii) submit to periodic unannounced examinations
3        of the offender's computer or any other device with
4        Internet capability by the offender's supervising
5        agent, a law enforcement officer, or assigned computer
6        or information technology specialist, including the
7        retrieval and copying of all data from the computer or
8        device and any internal or external peripherals and
9        removal of such information, equipment, or device to
10        conduct a more thorough inspection;
11            (iii) submit to the installation on the offender's
12        computer or device with Internet capability, at the
13        offender's expense, of one or more hardware or software
14        systems to monitor the Internet use; and
15            (iv) submit to any other appropriate restrictions
16        concerning the offender's use of or access to a
17        computer or any other device with Internet capability
18        imposed by the Board, the Department or the offender's
19        supervising agent; and
20        (8) in addition, if a minor:
21            (i) reside with his parents or in a foster home;
22            (ii) attend school;
23            (iii) attend a non-residential program for youth;
24        or
25            (iv) contribute to his own support at home or in a
26        foster home.

 

 

HB1908 Enrolled- 11 -LRB097 06479 RLC 50699 b

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

 

 

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

 

 

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

 

 

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1    (d) After a hearing under Section 3-3-9, the Prisoner
2Review Board may modify or enlarge the conditions of parole or
3mandatory supervised release.
4    (e) The Department shall inform all offenders committed to
5the Department of the optional services available to them upon
6release and shall assist inmates in availing themselves of such
7optional services upon their release on a voluntary basis.
8    (f) When the subject is in compliance with all conditions
9of his or her parole or mandatory supervised release, the
10subject shall receive a reduction of the period of his or her
11parole or mandatory supervised release of 90 days upon passage
12of the high school level Test of General Educational
13Development during the period of his or her parole or mandatory
14supervised release. This reduction in the period of a subject's
15term of parole or mandatory supervised release shall be
16available only to subjects who have not previously earned a
17high school diploma or who have not previously passed the high
18school level Test of General Educational Development.
19(Source: P.A. 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; 95-579,
20eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876,
21eff. 8-21-08; 95-983, eff. 6-1-09; 96-236, eff. 8-11-09;
2296-262, eff. 1-1-10; 96-328, eff. 8-11-09; 96-362, eff. 1-1-10;
2396-1000, eff. 7-2-10.)
 
24    (730 ILCS 5/3-14-1)  (from Ch. 38, par. 1003-14-1)
25    Sec. 3-14-1. Release from the Institution.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1the Office of the Secretary of State upon application for a
2standard Illinois Identification Card in accordance with the
3Illinois Identification Card Act. The Department shall require
4the committed person to pay a $1 fee for the identification
5card.
6    For purposes of a committed person receiving an
7identification card issued by the Department under this
8subsection, the Department shall establish criteria that the
9committed person must meet before the card is issued. It is the
10sole responsibility of the committed person requesting the
11identification card issued by the Department to meet the
12established criteria. The person's failure to meet the criteria
13is sufficient reason to deny the committed person the
14identification card. An identification card issued by the
15Department under this subsection shall be valid for a period of
16time not to exceed 30 calendar days from the date the card is
17issued. The Department shall not be held civilly or criminally
18liable to anyone because of any act of any person utilizing a
19card issued by the Department under this subsection.
20    The Department shall adopt rules governing the issuance of
21identification cards to committed persons being released on
22parole, mandatory supervised release, final discharge, or
23pardon.
24(Source: P.A. 94-163, eff. 7-11-05.)
 
25    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)

 

 

HB1908 Enrolled- 20 -LRB097 06479 RLC 50699 b

1    Sec. 5-6-3. Conditions of Probation and of Conditional
2Discharge.
3    (a) The conditions of probation and of conditional
4discharge shall be that the person:
5        (1) not violate any criminal statute of any
6    jurisdiction;
7        (2) report to or appear in person before such person or
8    agency as directed by the court;
9        (3) refrain from possessing a firearm or other
10    dangerous weapon where the offense is a felony or, if a
11    misdemeanor, the offense involved the intentional or
12    knowing infliction of bodily harm or threat of bodily harm;
13        (4) not leave the State without the consent of the
14    court or, in circumstances in which the reason for the
15    absence is of such an emergency nature that prior consent
16    by the court is not possible, without the prior
17    notification and approval of the person's probation
18    officer. Transfer of a person's probation or conditional
19    discharge supervision to another state is subject to
20    acceptance by the other state pursuant to the Interstate
21    Compact for Adult Offender Supervision;
22        (5) permit the probation officer to visit him at his
23    home or elsewhere to the extent necessary to discharge his
24    duties;
25        (6) perform no less than 30 hours of community service
26    and not more than 120 hours of community service, if

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        the computer or device and any internal or external
2        peripherals and removal of such information,
3        equipment, or device to conduct a more thorough
4        inspection;
5            (iii) submit to the installation on the offender's
6        computer or device with Internet capability, at the
7        offender's expense, of one or more hardware or software
8        systems to monitor the Internet use; and
9            (iv) submit to any other appropriate restrictions
10        concerning the offender's use of or access to a
11        computer or any other device with Internet capability
12        imposed by the offender's probation officer;
13        (8.9) if convicted of a sex offense as defined in the
14    Sex Offender Registration Act committed on or after January
15    1, 2010 (the effective date of Public Act 96-262), refrain
16    from accessing or using a social networking website as
17    defined in Section 16D-2 of the Criminal Code of 1961;
18        (9) if convicted of a felony, physically surrender at a
19    time and place designated by the court, his or her Firearm
20    Owner's Identification Card and any and all firearms in his
21    or her possession;
22        (10) if convicted of a sex offense as defined in
23    subsection (a-5) of Section 3-1-2 of this Code, unless the
24    offender is a parent or guardian of the person under 18
25    years of age present in the home and no non-familial minors
26    are present, not participate in a holiday event involving

 

 

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1    children under 18 years of age, such as distributing candy
2    or other items to children on Halloween, wearing a Santa
3    Claus costume on or preceding Christmas, being employed as
4    a department store Santa Claus, or wearing an Easter Bunny
5    costume on or preceding Easter; and
6        (11) 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    and .
13        (12) if convicted of a violation of the Methamphetamine
14    Control and Community Protection Act, the Methamphetamine
15    Precursor Control Act, or a methamphetamine related
16    offense:
17            (A) prohibited from purchasing, possessing, or
18        having under his or her control any product containing
19        pseudoephedrine unless prescribed by a physician; and
20            (B) prohibited from purchasing, possessing, or
21        having under his or her control any product containing
22        ammonium nitrate.
23    (b) The Court may in addition to other reasonable
24conditions relating to the nature of the offense or the
25rehabilitation of the defendant as determined for each
26defendant in the proper discretion of the Court require that

 

 

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

 

 

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

 

 

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

 

 

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1        fund under Section 6-27001 or Section 6-29002 of the
2        Counties Code, as the case may be.
3        (11) comply with the terms and conditions of an order
4    of protection issued by the court pursuant to the Illinois
5    Domestic Violence Act of 1986, as now or hereafter amended,
6    or an order of protection issued by the court of another
7    state, tribe, or United States territory. A copy of the
8    order of protection shall be transmitted to the probation
9    officer or agency having responsibility for the case;
10        (12) reimburse any "local anti-crime program" as
11    defined in Section 7 of the Anti-Crime Advisory Council Act
12    for any reasonable expenses incurred by the program on the
13    offender's case, not to exceed the maximum amount of the
14    fine authorized for the offense for which the defendant was
15    sentenced;
16        (13) contribute a reasonable sum of money, not to
17    exceed the maximum amount of the fine authorized for the
18    offense for which the defendant was sentenced, (i) to a
19    "local anti-crime program", as defined in Section 7 of the
20    Anti-Crime Advisory Council Act, or (ii) for offenses under
21    the jurisdiction of the Department of Natural Resources, to
22    the fund established by the Department of Natural Resources
23    for the purchase of evidence for investigation purposes and
24    to conduct investigations as outlined in Section 805-105 of
25    the Department of Natural Resources (Conservation) Law;
26        (14) refrain from entering into a designated

 

 

HB1908 Enrolled- 31 -LRB097 06479 RLC 50699 b

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

 

 

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

 

 

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

 

 

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

 

 

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1costs incidental to approved electronic monitoring, involved
2in a successful probation program for the county. The
3concurrence of the Chief Judge shall be in the form of an
4administrative order. The fees shall be collected by the clerk
5of the circuit court. The clerk of the circuit court shall pay
6all moneys collected from these fees to the county treasurer
7who shall use the moneys collected to defray the costs of drug
8testing, alcohol testing, and electronic monitoring. The
9county treasurer shall deposit the fees collected in the county
10working cash fund under Section 6-27001 or Section 6-29002 of
11the Counties Code, as the case may be.
12    (h) Jurisdiction over an offender may be transferred from
13the sentencing court to the court of another circuit with the
14concurrence of both courts. Further transfers or retransfers of
15jurisdiction are also authorized in the same manner. The court
16to which jurisdiction has been transferred shall have the same
17powers as the sentencing court.
18    (i) The court shall impose upon an offender sentenced to
19probation after January 1, 1989 or to conditional discharge
20after January 1, 1992 or to community service under the
21supervision of a probation or court services department after
22January 1, 2004, as a condition of such probation or
23conditional discharge or supervised community service, a fee of
24$50 for each month of probation or conditional discharge
25supervision or supervised community service ordered by the
26court, unless after determining the inability of the person

 

 

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

 

 

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1subsection (h) of this Section or under any interstate compact,
2shall be required to pay probation fees to the department
3supervising the offender, based on the offender's ability to
4pay.
5    This amendatory Act of the 93rd General Assembly deletes
6the $10 increase in the fee under this subsection that was
7imposed by Public Act 93-616. This deletion is intended to
8control over any other Act of the 93rd General Assembly that
9retains or incorporates that fee increase.
10    (i-5) In addition to the fees imposed under subsection (i)
11of this Section, in the case of an offender convicted of a
12felony sex offense (as defined in the Sex Offender Management
13Board Act) or an offense that the court or probation department
14has determined to be sexually motivated (as defined in the Sex
15Offender Management Board Act), the court or the probation
16department shall assess additional fees to pay for all costs of
17treatment, assessment, evaluation for risk and treatment, and
18monitoring the offender, based on that offender's ability to
19pay those costs either as they occur or under a payment plan.
20    (j) All fines and costs imposed under this Section for any
21violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
22Code, or a similar provision of a local ordinance, and any
23violation of the Child Passenger Protection Act, or a similar
24provision of a local ordinance, shall be collected and
25disbursed by the circuit clerk as provided under Section 27.5
26of the Clerks of Courts Act.

 

 

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1    (k) Any offender who is sentenced to probation or
2conditional discharge for a felony sex offense as defined in
3the Sex Offender Management Board Act or any offense that the
4court or probation department has determined to be sexually
5motivated as defined in the Sex Offender Management Board Act
6shall be required to refrain from any contact, directly or
7indirectly, with any persons specified by the court and shall
8be available for all evaluations and treatment programs
9required by the court or the probation department.
10    (l) The court may order an offender who is sentenced to
11probation or conditional discharge for a violation of an order
12of protection be placed under electronic surveillance as
13provided in Section 5-8A-7 of this Code.
14(Source: P.A. 95-331, eff. 8-21-07; 95-464, eff. 6-1-08;
1595-578, eff. 6-1-08; 95-696, eff. 6-1-08; 95-773, eff. 1-1-09;
1695-876, eff. 8-21-08; 95-983, eff. 6-1-09; 96-262, eff. 1-1-10;
1796-328, eff. 8-11-09; 96-362, eff. 1-1-10; 96-695, eff.
188-25-09; 96-1000, eff. 7-2-10; 96-1414, eff. 1-1-11.)