(730 ILCS 5/5-6-3.1)
(from Ch. 38, par. 1005-6-3.1)
Incidents and Conditions of Supervision.
(a) When a defendant is placed on supervision, the court shall enter
an order for supervision specifying the period of such supervision, and
shall defer further proceedings in the case until the conclusion of the
(b) The period of supervision shall be reasonable under all of the
circumstances of the case, but may not be longer than 2 years, unless the
defendant has failed to pay the assessment required by Section 10.3 of the
Cannabis Control Act,
Section 411.2 of the Illinois Controlled
Substances Act, or Section 80 of the Methamphetamine Control and Community Protection Act, in which case the court may extend supervision beyond 2 years.
Additionally, the court shall order the defendant to perform no less than 30
hours of community service and not more than 120 hours of community service, if
community service is available in the
jurisdiction and is funded and approved by the county board where the offense
when the offense (1) was
related to or in furtherance of the criminal activities of an organized gang or
was motivated by the defendant's membership in or allegiance to an organized
gang; or (2) is a violation of any Section of Article 24 of the Criminal
Code of 1961 or the Criminal Code of 2012 where a disposition of supervision is not prohibited by Section
5-6-1 of this Code.
community service shall include, but not be limited to, the cleanup and repair
of any damage caused by violation of Section 21-1.3 of the Criminal Code of
1961 or the Criminal Code of 2012 and similar damages to property located within the municipality or county
in which the violation occurred. Where possible and reasonable, the community
service should be performed in the offender's neighborhood.
For the purposes of this
Section, "organized gang" has the meaning ascribed to it in Section 10 of the
Illinois Streetgang Terrorism Omnibus Prevention Act.
(c) The court may in addition to other reasonable conditions
relating to the nature of the offense or the rehabilitation of the
defendant as determined for each defendant in the proper discretion of
the court require that the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or social service agency as directed by the court in the order of supervision;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for
the instruction or residence of defendants on probation;
(6) support his dependents;
(7) refrain from possessing a firearm or other
(8) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his own support at home or in
(v) with the consent of the superintendent of the
facility, attend an educational program at a facility other than the school in which the offense was committed if he or she is placed on supervision for a crime of violence as defined in Section 2 of the Crime Victims Compensation Act committed in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;
(9) make restitution or reparation in an amount not
to exceed actual loss or damage to property and pecuniary loss or make restitution under Section 5-5-6 to a domestic violence shelter. The court shall determine the amount and conditions of payment;
(10) perform some reasonable public or community
(11) comply with the terms and conditions of an order
of protection issued by the court pursuant to the Illinois Domestic Violence Act of 1986 or an order of protection issued by the court of another state, tribe, or United States territory. If the court has ordered the defendant to make a report and appear in person under paragraph (1) of this subsection, a copy of the order of protection shall be transmitted to the person or agency so designated by the court;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council Act for any reasonable expenses incurred by the program on the offender's case, not to exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced;
(13) contribute a reasonable sum of money, not to
exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced, (i) to a "local anti-crime program", as defined in Section 7 of the Anti-Crime Advisory Council Act, or (ii) for offenses under the jurisdiction of the Department of Natural Resources, to the fund established by the Department of Natural Resources for the purchase of evidence for investigation purposes and to conduct investigations as outlined in Section 805-105 of the Department of Natural Resources (Conservation) Law;
(14) refrain from entering into a designated
geographic area except upon such terms as the court finds appropriate. Such terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the defendant, and advance approval by a probation officer;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular types of person, including but not limited to members of street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;
(17) refrain from operating any motor vehicle not
equipped with an ignition interlock device as defined in Section 1-129.1 of the Illinois Vehicle Code; under this condition the court may allow a defendant who is not self-employed to operate a vehicle owned by the defendant's employer that is not equipped with an ignition interlock device in the course and scope of the defendant's employment; and
(18) if placed on supervision for a sex offense as
defined in subsection (a-5) of Section 3-1-2 of this Code, unless the offender is a parent or guardian of the person under 18 years of age present in the home and no non-familial minors are present, not participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter.
(d) The court shall defer entering any judgment on the charges
until the conclusion of the supervision.
(e) At the conclusion of the period of supervision, if the court
determines that the defendant has successfully complied with all of the
conditions of supervision, the court shall discharge the defendant and
enter a judgment dismissing the charges.
(f) Discharge and dismissal upon a successful conclusion of a
disposition of supervision shall be deemed without adjudication of guilt
and shall not be termed a conviction for purposes of disqualification or
disabilities imposed by law upon conviction of a crime. Two years after the
discharge and dismissal under this Section, unless the disposition of
supervision was for a violation of Sections 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a similar
provision of a local ordinance, or for a violation of Sections 12-3.2, 16-25,
or 16A-3 of the Criminal Code of 1961 or the Criminal Code of 2012, in which case it shall be 5
years after discharge and dismissal, a person may have his record
of arrest sealed or expunged as may be provided by law. However, any
defendant placed on supervision before January 1, 1980, may move for
sealing or expungement of his arrest record, as provided by law, at any
time after discharge and dismissal under this Section.
A person placed on supervision for a sexual offense committed against a minor
as defined in clause (a)(1)(L) of Section 5.2 of the Criminal Identification Act
or for a violation of Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance
shall not have his or her record of arrest sealed or expunged.
(g) A defendant placed on supervision and who during the period of
supervision undergoes mandatory drug or alcohol testing, or both, or is
assigned to be placed on an approved electronic monitoring device, shall be
ordered to pay the costs incidental to such mandatory drug or alcohol
testing, or both, and costs incidental to such approved electronic
monitoring in accordance with the defendant's ability to pay those costs.
The county board with the concurrence of the Chief Judge of the judicial
circuit in which the county is located shall establish reasonable fees for
the cost of maintenance, testing, and incidental expenses related to the
mandatory drug or alcohol testing, or both, and all costs incidental to
approved electronic monitoring, of all defendants placed on supervision.
The concurrence of the Chief Judge shall be in the form of an
The fees shall be collected by the clerk of the circuit court. The clerk of
the circuit court shall pay all moneys collected from these fees to the county
treasurer who shall use the moneys collected to defray the costs of
drug testing, alcohol testing, and electronic monitoring.
The county treasurer shall deposit the fees collected in the
county working cash fund under Section 6-27001 or Section 6-29002 of the
Counties Code, as the case may be.
(h) A disposition of supervision is a final order for the purposes
(i) The court shall impose upon a defendant placed on supervision
after January 1, 1992 or to community service under the supervision of a
probation or court services department after January 1, 2004, as a condition
of supervision or supervised community service, a fee of $50 for
each month of supervision or supervised community service ordered by the
court, unless after
determining the inability of the person placed on supervision or supervised
community service to pay the
fee, the court assesses a lesser fee. The court may not impose the fee on a
minor who is made a ward of the State under the Juvenile Court Act of 1987
while the minor is in placement.
The fee shall be imposed only upon a
defendant who is actively supervised by the
probation and court services
department. The fee shall be collected by the clerk of the circuit court.
The clerk of the circuit court shall pay all monies collected from this fee
to the county treasurer for deposit in the probation and court services
fund pursuant to Section 15.1 of the Probation and
Probation Officers Act.
A circuit court may not impose a probation fee in excess of $25
per month unless the circuit court has adopted, by administrative
order issued by the chief judge, a standard probation fee guide
determining an offender's ability to pay. Of the
amount collected as a probation fee, not to exceed $5 of that fee
collected per month may be used to provide services to crime victims
and their families.
The Court may only waive probation fees based on an offender's ability to pay. The probation department may re-evaluate an offender's ability to pay every 6 months, and, with the approval of the Director of Court Services or the Chief Probation Officer, adjust the monthly fee amount. An offender may elect to pay probation fees due in a lump sum.
Any offender that has been assigned to the supervision of a probation department, or has been transferred either under subsection (h) of this Section or under any interstate compact, shall be required to pay probation fees to the department supervising the offender, based on the offender's ability to pay.
(j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a
similar provision of a local ordinance, and any violation of the Child
Passenger Protection Act, or a similar provision of a local ordinance, shall
be collected and disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
(k) A defendant at least 17 years of age who is placed on supervision
for a misdemeanor in a county of 3,000,000 or more inhabitants
and who has not been previously convicted of a misdemeanor or felony
may as a condition of his or her supervision be required by the court to
attend educational courses designed to prepare the defendant for a high school
diploma and to work toward a high school diploma or to work toward passing the
high school level Test of General Educational Development (GED) or to work
toward completing a vocational training program approved by the court. The
defendant placed on supervision must attend a public institution of education
to obtain the educational or vocational training required by this subsection
(k). The defendant placed on supervision shall be required to pay for the cost
of the educational courses or GED test, if a fee is charged for those courses
or test. The court shall revoke the supervision of a person who wilfully fails
to comply with this subsection (k). The court shall resentence the defendant
upon revocation of supervision as provided in Section 5-6-4. This subsection
(k) does not apply to a defendant who has a high school diploma or has
successfully passed the GED test. This subsection (k) does not apply to a
defendant who is determined by the court to be developmentally disabled or
otherwise mentally incapable of completing the
educational or vocational program.
(l) The court shall require a defendant placed on supervision for
possession of a substance
prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act
after a previous conviction or disposition of supervision for possession of a
substance prohibited by the Cannabis Control Act, the Illinois Controlled
Substances Act, or the Methamphetamine Control and Community Protection Act or a sentence of probation under Section 10 of the Cannabis
Control Act or Section 410 of the Illinois Controlled Substances Act
and after a finding by the court that the person is addicted, to undergo
treatment at a substance abuse program approved by the court.
(m) The Secretary of State shall require anyone placed on court supervision
violation of Section 3-707 of the Illinois Vehicle Code or a similar provision
of a local ordinance
to give proof of his or her financial
defined in Section 7-315 of the Illinois Vehicle Code. The proof shall be
maintained by the individual in a manner satisfactory to the Secretary of State
minimum period of 3 years after the date the proof is first filed.
The proof shall be limited to a single action per arrest and may not be
affected by any post-sentence disposition. The Secretary of State shall
suspend the driver's license of any person
determined by the Secretary to be in violation of this subsection.
(n) Any offender placed on supervision for any offense that the court or probation department has determined to be sexually motivated as defined in the Sex Offender Management Board Act shall be required to refrain from any contact, directly or indirectly, with any persons specified by the court and shall be available for all evaluations and treatment programs required by the court or the probation department.
(o) An offender placed on supervision for a sex offense as defined in the Sex Offender
Management Board Act shall refrain from residing at the same address or in the same condominium unit or apartment unit or in the same condominium complex or apartment complex with another person he or she knows or reasonably should know is a convicted sex offender or has been placed on supervision for a sex offense. The provisions of this subsection (o) do not apply to a person convicted of a sex offense who is placed in a Department of Corrections licensed transitional housing facility for sex offenders.
(p) An offender placed on supervision for an offense committed on or after June 1, 2008
(the effective date of Public Act 95-464)
that would qualify the accused as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012 shall refrain from communicating with or contacting, by means of the Internet, a person who is not related to the accused and whom the accused reasonably believes to be under 18 years of age. For purposes of this subsection (p), "Internet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person is not related to the accused if the person is not: (i) the spouse, brother, or sister of the accused; (ii) a descendant of the accused; (iii) a first or second cousin of the accused; or (iv) a step-child or adopted child of the accused.
(q) An offender placed on supervision for an offense committed on or after June 1, 2008
(the effective date of Public Act 95-464)
that would qualify the accused as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012 shall, if so ordered by the court, refrain from communicating with or contacting, by means of the Internet, a person who is related to the accused and whom the accused reasonably believes to be under 18 years of age. For purposes of this subsection (q), "Internet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person is related to the accused if the person is: (i) the spouse, brother, or sister of the accused; (ii) a descendant of the accused; (iii) a first or second cousin of the accused; or (iv) a step-child or adopted child of the accused.
(r) An offender placed on supervision for an offense under Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012, or any attempt to commit any of these offenses, committed on or after the effective date of this amendatory Act of the 95th General Assembly shall:
(i) not access or use a computer or any other device
with Internet capability without the prior written approval of the court, except in connection with the offender's employment or search for employment with the prior approval of the court;
(ii) submit to periodic unannounced examinations of
the offender's computer or any other device with Internet capability by the offender's probation officer, a law enforcement officer, or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment, or device to conduct a more thorough inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the offender's expense, of one or more hardware or software systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a computer or any other device with Internet capability imposed by the court.
(s) An offender placed on supervision for an offense that is a sex offense as defined in Section 2 of the Sex Offender Registration Act that is committed on or after January 1, 2010 (the effective date of Public Act 96-362) that requires the person to register as a sex offender under that Act, may not knowingly use any computer scrub software on any computer that the sex offender uses.
(t) An offender placed on supervision for a sex offense as defined in the Sex Offender
Registration Act committed on or after January 1, 2010 (the effective date of Public Act 96-262) shall refrain from accessing or using a social networking website as defined in Section 17-0.5 of the Criminal Code of 2012.
(u) Jurisdiction over an offender may be transferred from the sentencing court to the court of another circuit with the concurrence of both courts. Further transfers or retransfers of jurisdiction are also authorized in the same manner. The court to which jurisdiction has been transferred shall have the same powers as the sentencing court. The probation department within the circuit to which jurisdiction has been transferred may impose probation fees upon receiving the transferred offender, as provided in subsection (i). The probation department from the original sentencing court shall retain all probation fees collected prior to the transfer.
(Source: P.A. 96-262, eff. 1-1-10; 96-362, eff. 1-1-10; 96-409, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1414, eff. 1-1-11; 96-1551, Article 2, Section 1065, eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; 97-454, eff. 1-1-12; 97-597, eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)