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91_SB1426enr SB1426 Enrolled LRB9111505RCpk 1 AN ACT in relation to education. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 3. The School Code is amended by changing 5 Sections 2-3.13a and 10-22.6 as follows: 6 (105 ILCS 5/2-3.13a) (from Ch. 122, par. 2-3.13a) 7 Sec. 2-3.13a. Scholastic records; transferring students. 8 The State Board of Education shall establish and implement 9 rules requiring all of the public schools and all private or 10 nonpublic elementary and secondary schools located in this 11 State, whenever any such school has a student who is 12 transferring to any other public elementary or secondary 13 school located in this or in any other state, to forward 14 within 10 days of notice of the student's transfer an 15 unofficial record of that student's grades to the school to 16 which such student is transferring. Each public school at 17 the same time also shall forward to the school to which the 18 student is transferring the remainder of the student's school 19 student records as required by the Illinois School Student 20 Records Act. In addition, if a student is transferring from a 21 public school, whether located in this or any other state, 22 from which the student has been suspended or expelled for 23 knowingly possessing in a school building or on school 24 grounds a weapon as defined in the Gun Free Schools Act (20 25 U.S.C. 8921 et seq.), for knowingly possessing, selling, or 26 delivering in a school building or on school grounds a 27 controlled substance or cannabis, or for battering a staff 28 member of the school, and if the period of suspension or 29 expulsion has not expired at the time the student attempts to 30 transfer into another public school in the same or any other 31 school district: (i) any school student records required to SB1426 Enrolled -2- LRB9111505RCpk 1 be transferred shall include the date and duration of the 2 period of suspension or expulsion; and (ii) with the 3 exception of transfers into the Department of Corrections 4 school district, the student shall not be permitted to attend 5 class in the public school into which he or she is 6 transferring until the student has served the entire period 7 of the suspension or expulsion imposed by the school from 8 which the student is transferring, provided that the school 9 board may approve the placement of the student in an 10 alternative school program established under Article 13A of 11 this Act. A school district may adopt a policy providing that 12 if a student is suspended or expelled for any reason from any 13 public or private school in this or any other state, the 14 student must complete the entire term of the suspension or 15 expulsion before being admitted into the school district. 16 This policy may allow placement of the student in an 17 alternative school program established under Article 13A of 18 this Code for the remainder of the suspension or expulsion. 19 Each public school and each private or nonpublic elementary 20 or secondary school in this State shall within 10 days after 21 the student has paid all of his or her outstanding fines and 22 fees and at its own expense forward an official transcript of 23 the scholastic records of each student transferring from that 24 school in strict accordance with the provisions of this 25 Section and the rules established by the State Board of 26 Education as herein provided. 27 The State Board of Education shall develop a one-page 28 standard form that Illinois school districts are required to 29 provide to any student who is moving out of the school 30 district and that contains the information about whether or 31 not the student is "in good standing" and whether or not his 32 or her medical records are up-to-date and complete. As used 33 in this Section, "in good standing" means that the student is 34 not being disciplined by a suspension or expulsion, but is SB1426 Enrolled -3- LRB9111505RCpk 1 entitled to attend classes. No school district is required 2 to admit a new student who is transferring from another 3 Illinois school district unless he or she can produce the 4 standard form from the student's previous school district 5 enrollment. No school district is required to admit a new 6 student who is transferring from an out-of-state public 7 school unless the parent or guardian of the student certifies 8 in writing that the student is not currently serving a 9 suspension or expulsion imposed by the school from which the 10 student is transferring. 11 (Source: P.A. 91-365, eff. 7-30-99.) 12 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6) 13 Sec. 10-22.6. Suspension or expulsion of pupils; school 14 searches. 15 (a) To expel pupils guilty of gross disobedience or 16 misconduct, and no action shall lie against them for such 17 expulsion. Expulsion shall take place only after the parents 18 have been requested to appear at a meeting of the board, or 19 with a hearing officer appointed by it, to discuss their 20 child's behavior. Such request shall be made by registered or 21 certified mail and shall state the time, place and purpose of 22 the meeting. The board, or a hearing officer appointed by it, 23 at such meeting shall state the reasons for dismissal and the 24 date on which the expulsion is to become effective. If a 25 hearing officer is appointed by the board he shall report to 26 the board a written summary of the evidence heard at the 27 meeting and the board may take such action thereon as it 28 finds appropriate. 29 (b) To suspend or by regulation to authorize the 30 superintendent of the district or the principal, assistant 31 principal, or dean of students of any school to suspend 32 pupils guilty of gross disobedience or misconduct, or to 33 suspend pupils guilty of gross disobedience or misconduct on SB1426 Enrolled -4- LRB9111505RCpk 1 the school bus from riding the school bus, and no action 2 shall lie against them for such suspension. The board may by 3 regulation authorize the superintendent of the district or 4 the principal, assistant principal, or dean of students of 5 any school to suspend pupils guilty of such acts for a period 6 not to exceed 10 school days. If a pupil is suspended due to 7 gross disobedience or misconduct on a school bus, the board 8 may suspend the pupil in excess of 10 school days for safety 9 reasons. Any suspension shall be reported immediately to the 10 parents or guardian of such pupil along with a full statement 11 of the reasons for such suspension and a notice of their 12 right to a review, a copy of which shall be given to the 13 school board. Upon request of the parents or guardian the 14 school board or a hearing officer appointed by it shall 15 review such action of the superintendent or principal, 16 assistant principal, or dean of students. At such review the 17 parents or guardian of the pupil may appear and discuss the 18 suspension with the board or its hearing officer. If a 19 hearing officer is appointed by the board he shall report to 20 the board a written summary of the evidence heard at the 21 meeting. After its hearing or upon receipt of the written 22 report of its hearing officer, the board may take such action 23 as it finds appropriate. 24 (c) The Department of Human Services shall be invited to 25 send a representative to consult with the board at such 26 meeting whenever there is evidence that mental illness may be 27 the cause for expulsion or suspension. 28 (d) The board may expel a student for a definite period 29 of time not to exceed 2 calendar years, as determined on a 30 case by case basis. A student who is determined to have 31 brought a weapon to school, any school-sponsored activity or 32 event, or any activity or event which bears a reasonable 33 relationship to school shall be expelled for a period of not 34 less than one year, except that the expulsion period may be SB1426 Enrolled -5- LRB9111505RCpk 1 modified by the superintendent, and the superintendent's 2 determination may be modified by the board on a case by case 3 basis. For the purpose of this Section, the term "weapon" 4 means (1) possession, use, control, or transfer of any gun, 5 rifle, shotgun, weapon as defined by Section 921 of Title 18, 6 United States Code, firearm as defined in Section 1.1 of the 7 Firearm Owners Identification Act, or use of a weapon as 8 defined in Section 24-1 of the Criminal Code, (2) any other 9 object if used or attempted to be used to cause bodily harm, 10 including but not limited to, knives, brass knuckles, or 11 billy clubs, or (3) "look alikes" of any weapon as defined in 12 this Section. Expulsion or suspension shall be construed in a 13 manner consistent with the Federal Individuals with 14 Disabilities Education Act. A student who is subject to 15 suspension or expulsion as provided in this Section may be 16 eligible for a transfer to an alternative school program in 17 accordance with Article 13A of the School Code. The 18 provisions of this subsection (d) apply in all school 19 districts, including special charter districts and districts 20 organized under Article 34. 21 (e) To maintain order and security in the schools, 22 school authorities may inspect and search places and areas 23 such as lockers, desks, parking lots, and other school 24 property and equipment owned or controlled by the school, as 25 well as personal effects left in those places and areas by 26 students, without notice to or the consent of the student, 27 and without a search warrant. As a matter of public policy, 28 the General Assembly finds that students have no reasonable 29 expectation of privacy in these places and areas or in their 30 personal effects left in these places and areas. School 31 authorities may request the assistance of law enforcement 32 officials for the purpose of conducting inspections and 33 searches of lockers, desks, parking lots, and other school 34 property and equipment owned or controlled by the school for SB1426 Enrolled -6- LRB9111505RCpk 1 illegal drugs, weapons, or other illegal or dangerous 2 substances or materials, including searches conducted through 3 the use of specially trained dogs. If a search conducted in 4 accordance with this Section produces evidence that the 5 student has violated or is violating either the law, local 6 ordinance, or the school's policies or rules, such evidence 7 may be seized by school authorities, and disciplinary action 8 may be taken. School authorities may also turn over such 9 evidence to law enforcement authorities. The provisions of 10 this subsection (e) apply in all school districts, including 11 special charter districts and districts organized under 12 Article 34. 13 (f) Suspension or expulsion may include suspension or 14 expulsion from school and all school activities and a 15 prohibition from being present on school grounds. 16 (g) A school district may adopt a policy providing that 17 if a student is suspended or expelled for any reason from any 18 public or private school in this or any other state, the 19 student must complete the entire term of the suspension or 20 expulsion before being admitted into the school district. 21 This policy may allow placement of the student in an 22 alternative school program established under Article 13A of 23 this Code for the remainder of the suspension or expulsion. 24 This subsection (g) applies to all school districts, 25 including special charter districts and districts organized 26 under Article 34 of this Code. 27 (Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97; 28 89-610, eff. 8-6-96; P.A. 90-14, eff. 7-1-97; 90-548, eff. 29 1-1-98; 90-757, eff. 8-14-98.) 30 Section 5. The Juvenile Court Act of 1987 is amended by 31 changing Sections 5-615 and 5-715 as follows: 32 (705 ILCS 405/5-615) SB1426 Enrolled -7- LRB9111505RCpk 1 Sec. 5-615. Continuance under supervision. 2 (1) The court may enter an order of continuance under 3 supervision for an offense other than first degree murder, a 4 Class X felony or a forcible felony (a) upon an admission or 5 stipulation by the appropriate respondent or minor respondent 6 of the facts supporting the petition and before proceeding to 7 adjudication, or after hearing the evidence at the trial, and 8 (b) in the absence of objection made in open court by the 9 minor, his or her parent, guardian, or legal custodian, the 10 minor's attorney or the State's Attorney. 11 (2) If the minor, his or her parent, guardian, or legal 12 custodian, the minor's attorney or State's Attorney objects 13 in open court to any continuance and insists upon proceeding 14 to findings and adjudication, the court shall so proceed. 15 (3) Nothing in this Section limits the power of the 16 court to order a continuance of the hearing for the 17 production of additional evidence or for any other proper 18 reason. 19 (4) When a hearing where a minor is alleged to be a 20 delinquent is continued pursuant to this Section, the period 21 of continuance under supervision may not exceed 24 months. 22 The court may terminate a continuance under supervision at 23 any time if warranted by the conduct of the minor and the 24 ends of justice. 25 (5) When a hearing where a minor is alleged to be 26 delinquent is continued pursuant to this Section, the court 27 may, as conditions of the continuance under supervision, 28 require the minor to do any of the following: 29 (a) not violate any criminal statute of any 30 jurisdiction; 31 (b) make a report to and appear in person before 32 any person or agency as directed by the court; 33 (c) work or pursue a course of study or vocational 34 training; SB1426 Enrolled -8- LRB9111505RCpk 1 (d) undergo medical or psychotherapeutic treatment 2 rendered by a therapist licensed under the provisions of 3 the Medical Practice Act of 1987, the Clinical 4 Psychologist Licensing Act, or the Clinical Social Work 5 and Social Work Practice Act, or an entity licensed by 6 the Department of Human Services as a successor to the 7 Department of Alcoholism and Substance Abuse, for the 8 provision of drug addiction and alcoholism treatment; 9 (e) attend or reside in a facility established for 10 the instruction or residence of persons on probation; 11 (f) support his or her dependents, if any; 12 (g) pay costs; 13 (h) refrain from possessing a firearm or other 14 dangerous weapon, or an automobile; 15 (i) permit the probation officer to visit him or 16 her at his or her home or elsewhere; 17 (j) reside with his or her parents or in a foster 18 home; 19 (k) attend school; 20 (k-5) with the consent of the superintendent of the 21 facility, attend an educational program at a facility 22 other than the school in which the offense was committed 23 if he or she committed a crime of violence as defined in 24 Section 2 of the Crime Victims Compensation Act in a 25 school, on the real property comprising a school, or 26 within 1,000 feet of the real property comprising a 27 school; 28 (l) attend a non-residential program for youth; 29 (m) contribute to his or her own support at home or 30 in a foster home; 31 (n) perform some reasonable public or community 32 service; 33 (o) make restitution to the victim, in the same 34 manner and under the same conditions as provided in SB1426 Enrolled -9- LRB9111505RCpk 1 subsection (4) of Section 5-710, except that the 2 "sentencing hearing" referred to in that Section shall be 3 the adjudicatory hearing for purposes of this Section; 4 (p) comply with curfew requirements as designated 5 by the court; 6 (q) refrain from entering into a designated 7 geographic area except upon terms as the court finds 8 appropriate. The terms may include consideration of the 9 purpose of the entry, the time of day, other persons 10 accompanying the minor, and advance approval by a 11 probation officer; 12 (r) refrain from having any contact, directly or 13 indirectly, with certain specified persons or particular 14 types of persons, including but not limited to members of 15 street gangs and drug users or dealers; 16 (r-5) undergo a medical or other procedure to have 17 a tattoo symbolizing allegiance to a street gang removed 18 from his or her body; 19 (s) refrain from having in his or her body the 20 presence of any illicit drug prohibited by the Cannabis 21 Control Act or the Illinois Controlled Substances Act, 22 unless prescribed by a physician, and submit samples of 23 his or her blood or urine or both for tests to determine 24 the presence of any illicit drug; or 25 (t) comply with any other conditions as may be 26 ordered by the court. 27 (6) A minor whose case is continued under supervision 28 under subsection (5) shall be given a certificate setting 29 forth the conditions imposed by the court. Those conditions 30 may be reduced, enlarged, or modified by the court on motion 31 of the probation officer or on its own motion, or that of the 32 State's Attorney, or, at the request of the minor after 33 notice and hearing. 34 (7) If a petition is filed charging a violation of a SB1426 Enrolled -10- LRB9111505RCpk 1 condition of the continuance under supervision, the court 2 shall conduct a hearing. If the court finds that a condition 3 of supervision has not been fulfilled, the court may proceed 4 to findings and adjudication and disposition. The filing of 5 a petition for violation of a condition of the continuance 6 under supervision shall toll the period of continuance under 7 supervision until the final determination of the charge, and 8 the term of the continuance under supervision shall not run 9 until the hearing and disposition of the petition for 10 violation; provided where the petition alleges conduct that 11 does not constitute a criminal offense, the hearing must be 12 held within 30 days of the filing of the petition unless a 13 delay shall continue the tolling of the period of continuance 14 under supervision for the period of the delay. 15 (8) When a hearing in which a minor is alleged to be a 16 delinquent for reasons that include a violation of Section 17 21-1.3 of the Criminal Code of 1961 is continued under this 18 Section, the court shall, as a condition of the continuance 19 under supervision, require the minor to perform community 20 service for not less than 30 and not more than 120 hours, if 21 community service is available in the jurisdiction. The 22 community service shall include, but need not be limited to, 23 the cleanup and repair of the damage that was caused by the 24 alleged violation or similar damage to property located in 25 the municipality or county in which the alleged violation 26 occurred. The condition may be in addition to any other 27 condition. 28 (9) When a hearing in which a minor is alleged to be a 29 delinquent is continued under this Section, the court, before 30 continuing the case, shall make a finding whether the offense 31 alleged to have been committed either: (i) was related to or 32 in furtherance of the activities of an organized gang or was 33 motivated by the minor's membership in or allegiance to an 34 organized gang, or (ii) is a violation of paragraph (13) of SB1426 Enrolled -11- LRB9111505RCpk 1 subsection (a) of Section 12-2 of the Criminal Code of 1961, 2 a violation of any Section of Article 24 of the Criminal Code 3 of 1961, or a violation of any statute that involved the 4 unlawful use of a firearm. If the court determines the 5 question in the affirmative the court shall, as a condition 6 of the continuance under supervision and as part of or in 7 addition to any other condition of the supervision, require 8 the minor to perform community service for not less than 30 9 hours, provided that community service is available in the 10 jurisdiction and is funded and approved by the county board 11 of the county where the offense was committed. The community 12 service shall include, but need not be limited to, the 13 cleanup and repair of any damage caused by an alleged 14 violation of Section 21-1.3 of the Criminal Code of 1961 and 15 similar damage to property located in the municipality or 16 county in which the alleged violation occurred. When 17 possible and reasonable, the community service shall be 18 performed in the minor's neighborhood. For the purposes of 19 this Section, "organized gang" has the meaning ascribed to it 20 in Section 10 of the Illinois Streetgang Terrorism Omnibus 21 Prevention Act. 22 (10) The court shall impose upon a minor placed on 23 supervision, as a condition of the supervision, a fee of $25 24 for each month of supervision ordered by the court, unless 25 after determining the inability of the minor placed on 26 supervision to pay the fee, the court assesses a lesser 27 amount. The court may not impose the fee on a minor who is 28 made a ward of the State under this Act while the minor is in 29 placement. The fee shall be imposed only upon a minor who is 30 actively supervised by the probation and court services 31 department. A court may order the parent, guardian, or legal 32 custodian of the minor to pay some or all of the fee on the 33 minor's behalf. 34 (Source: P.A. 90-590, eff. 1-1-99; 91-98; eff. 1-1-00; SB1426 Enrolled -12- LRB9111505RCpk 1 91-332, eff. 7-29-99; revised 10-7-99.) 2 (705 ILCS 405/5-715) 3 Sec. 5-715. Probation. 4 (1) The period of probation or conditional discharge 5 shall not exceed 5 years or until the minor has attained the 6 age of 21 years, whichever is less, except as provided in 7 this Section for a minor who is found to be guilty for an 8 offense which is first degree murder, a Class X felony or a 9 forcible felony. The juvenile court may terminate probation 10 or conditional discharge and discharge the minor at any time 11 if warranted by the conduct of the minor and the ends of 12 justice; provided, however, that the period of probation for 13 a minor who is found to be guilty for an offense which is 14 first degree murder, a Class X felony, or a forcible felony 15 shall be at least 5 years. 16 (2) The court may as a condition of probation or of 17 conditional discharge require that the minor: 18 (a) not violate any criminal statute of any 19 jurisdiction; 20 (b) make a report to and appear in person before 21 any person or agency as directed by the court; 22 (c) work or pursue a course of study or vocational 23 training; 24 (d) undergo medical or psychiatric treatment, 25 rendered by a psychiatrist or psychological treatment 26 rendered by a clinical psychologist or social work 27 services rendered by a clinical social worker, or 28 treatment for drug addiction or alcoholism; 29 (e) attend or reside in a facility established for 30 the instruction or residence of persons on probation; 31 (f) support his or her dependents, if any; 32 (g) refrain from possessing a firearm or other 33 dangerous weapon, or an automobile; SB1426 Enrolled -13- LRB9111505RCpk 1 (h) permit the probation officer to visit him or 2 her at his or her home or elsewhere; 3 (i) reside with his or her parents or in a foster 4 home; 5 (j) attend school; 6 (j-5) with the consent of the superintendent of the 7 facility, attend an educational program at a facility 8 other than the school in which the offense was committed 9 if he or she committed a crime of violence as defined in 10 Section 2 of the Crime Victims Compensation Act in a 11 school, on the real property comprising a school, or 12 within 1,000 feet of the real property comprising a 13 school; 14 (k) attend a non-residential program for youth; 15 (l) make restitution under the terms of subsection 16 (4) of Section 5-710; 17 (m) contribute to his or her own support at home or 18 in a foster home; 19 (n) perform some reasonable public or community 20 service; 21 (o) participate with community corrections programs 22 including unified delinquency intervention services 23 administered by the Department of Human Services subject 24 to Section 5 of the Children and Family Services Act; 25 (p) pay costs; 26 (q) serve a term of home confinement. In addition 27 to any other applicable condition of probation or 28 conditional discharge, the conditions of home confinement 29 shall be that the minor: 30 (i) remain within the interior premises of the 31 place designated for his or her confinement during 32 the hours designated by the court; 33 (ii) admit any person or agent designated by 34 the court into the minor's place of confinement at SB1426 Enrolled -14- LRB9111505RCpk 1 any time for purposes of verifying the minor's 2 compliance with the conditions of his or her 3 confinement; and 4 (iii) use an approved electronic monitoring 5 device if ordered by the court subject to Article 8A 6 of Chapter V of the Unified Code of Corrections; 7 (r) refrain from entering into a designated 8 geographic area except upon terms as the court finds 9 appropriate. The terms may include consideration of the 10 purpose of the entry, the time of day, other persons 11 accompanying the minor, and advance approval by a 12 probation officer, if the minor has been placed on 13 probation, or advance approval by the court, if the minor 14 has been placed on conditional discharge; 15 (s) refrain from having any contact, directly or 16 indirectly, with certain specified persons or particular 17 types of persons, including but not limited to members of 18 street gangs and drug users or dealers; 19 (s-5) undergo a medical or other procedure to have 20 a tattoo symbolizing allegiance to a street gang removed 21 from his or her body; 22 (t) refrain from having in his or her body the 23 presence of any illicit drug prohibited by the Cannabis 24 Control Act or the Illinois Controlled Substances Act, 25 unless prescribed by a physician, and shall submit 26 samples of his or her blood or urine or both for tests to 27 determine the presence of any illicit drug; or 28 (u) comply with other conditions as may be ordered 29 by the court. 30 (3) The court may as a condition of probation or of 31 conditional discharge require that a minor found guilty on 32 any alcohol, cannabis, or controlled substance violation, 33 refrain from acquiring a driver's license during the period 34 of probation or conditional discharge. If the minor is in SB1426 Enrolled -15- LRB9111505RCpk 1 possession of a permit or license, the court may require that 2 the minor refrain from driving or operating any motor vehicle 3 during the period of probation or conditional discharge, 4 except as may be necessary in the course of the minor's 5 lawful employment. 6 (4) A minor on probation or conditional discharge shall 7 be given a certificate setting forth the conditions upon 8 which he or she is being released. 9 (5) The court shall impose upon a minor placed on 10 probation or conditional discharge, as a condition of the 11 probation or conditional discharge, a fee of $25 for each 12 month of probation or conditional discharge supervision 13 ordered by the court, unless after determining the inability 14 of the minor placed on probation or conditional discharge to 15 pay the fee, the court assesses a lesser amount. The court 16 may not impose the fee on a minor who is made a ward of the 17 State under this Act while the minor is in placement. The 18 fee shall be imposed only upon a minor who is actively 19 supervised by the probation and court services department. 20 The court may order the parent, guardian, or legal custodian 21 of the minor to pay some or all of the fee on the minor's 22 behalf. 23 (6) The General Assembly finds that in order to protect 24 the public, the juvenile justice system must compel 25 compliance with the conditions of probation by responding to 26 violations with swift, certain, and fair punishments and 27 intermediate sanctions. The Chief Judge of each circuit 28 shall adopt a system of structured, intermediate sanctions 29 for violations of the terms and conditions of a sentence of 30 supervision, probation or conditional discharge, under this 31 Act. 32 The court shall provide as a condition of a disposition 33 of probation, conditional discharge, or supervision, that the 34 probation agency may invoke any sanction from the list of SB1426 Enrolled -16- LRB9111505RCpk 1 intermediate sanctions adopted by the chief judge of the 2 circuit court for violations of the terms and conditions of 3 the sentence of probation, conditional discharge, or 4 supervision, subject to the provisions of Section 5-720 of 5 this Act. 6 (Source: P.A. 90-590, eff. 1-1-99; 91-98, eff. 1-1-00.) 7 Section 10. The Unified Code of Corrections is amended 8 by changing Sections 5-6-3 and 5-6-3.1 as follows: 9 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) 10 Sec. 5-6-3. Conditions of Probation and of Conditional 11 Discharge. 12 (a) The conditions of probation and of conditional 13 discharge shall be that the person: 14 (1) not violate any criminal statute of any 15 jurisdiction; 16 (2) report to or appear in person before such 17 person or agency as directed by the court; 18 (3) refrain from possessing a firearm or other 19 dangerous weapon; 20 (4) not leave the State without the consent of the 21 court or, in circumstances in which the reason for the 22 absence is of such an emergency nature that prior consent 23 by the court is not possible, without the prior 24 notification and approval of the person's probation 25 officer; 26 (5) permit the probation officer to visit him at 27 his home or elsewhere to the extent necessary to 28 discharge his duties; 29 (6) perform no less than 30 hours of community 30 service and not more than 120 hours of community service, 31 if community service is available in the jurisdiction and 32 is funded and approved by the county board where the SB1426 Enrolled -17- LRB9111505RCpk 1 offense was committed, where the offense was related to 2 or in furtherance of the criminal activities of an 3 organized gang and was motivated by the offender's 4 membership in or allegiance to an organized gang. The 5 community service shall include, but not be limited to, 6 the cleanup and repair of any damage caused by a 7 violation of Section 21-1.3 of the Criminal Code of 1961 8 and similar damage to property located within the 9 municipality or county in which the violation occurred. 10 When possible and reasonable, the community service 11 should be performed in the offender's neighborhood. For 12 purposes of this Section, "organized gang" has the 13 meaning ascribed to it in Section 10 of the Illinois 14 Streetgang Terrorism Omnibus Prevention Act; 15 (7) if he or she is at least 17 years of age and 16 has been sentenced to probation or conditional discharge 17 for a misdemeanor or felony in a county of 3,000,000 or 18 more inhabitants and has not been previously convicted of 19 a misdemeanor or felony, may be required by the 20 sentencing court to attend educational courses designed 21 to prepare the defendant for a high school diploma and to 22 work toward a high school diploma or to work toward 23 passing the high school level Test of General Educational 24 Development (GED) or to work toward completing a 25 vocational training program approved by the court. The 26 person on probation or conditional discharge must attend 27 a public institution of education to obtain the 28 educational or vocational training required by this 29 clause (7). The court shall revoke the probation or 30 conditional discharge of a person who wilfully fails to 31 comply with this clause (7). The person on probation or 32 conditional discharge shall be required to pay for the 33 cost of the educational courses or GED test, if a fee is 34 charged for those courses or test. The court shall SB1426 Enrolled -18- LRB9111505RCpk 1 resentence the offender whose probation or conditional 2 discharge has been revoked as provided in Section 5-6-4. 3 This clause (7) does not apply to a person who has a high 4 school diploma or has successfully passed the GED test. 5 This clause (7) does not apply to a person who is 6 determined by the court to be developmentally disabled or 7 otherwise mentally incapable of completing the 8 educational or vocational program; and 9 (8) if convicted of possession of a substance 10 prohibited by the Cannabis Control Act or Illinois 11 Controlled Substances Act after a previous conviction or 12 disposition of supervision for possession of a substance 13 prohibited by the Cannabis Control Act or Illinois 14 Controlled Substances Act or after a sentence of 15 probation under Section 10 of the Cannabis Control Act or 16 Section 410 of the Illinois Controlled Substances Act and 17 upon a finding by the court that the person is addicted, 18 undergo treatment at a substance abuse program approved 19 by the court. 20 (b) The Court may in addition to other reasonable 21 conditions relating to the nature of the offense or the 22 rehabilitation of the defendant as determined for each 23 defendant in the proper discretion of the Court require that 24 the person: 25 (1) serve a term of periodic imprisonment under 26 Article 7 for a period not to exceed that specified in 27 paragraph (d) of Section 5-7-1; 28 (2) pay a fine and costs; 29 (3) work or pursue a course of study or vocational 30 training; 31 (4) undergo medical, psychological or psychiatric 32 treatment; or treatment for drug addiction or alcoholism; 33 (5) attend or reside in a facility established for 34 the instruction or residence of defendants on probation; SB1426 Enrolled -19- LRB9111505RCpk 1 (6) support his dependents; 2 (7) and in addition, if a minor: 3 (i) reside with his parents or in a foster 4 home; 5 (ii) attend school; 6 (iii) attend a non-residential program for 7 youth; 8 (iv) contribute to his own support at home or 9 in a foster home; 10 (v) with the consent of the superintendent of 11 the facility, attend an educational program at a 12 facility other than the school in which the offense 13 was committed if he or she is convicted of a crime 14 of violence as defined in Section 2 of the Crime 15 Victims Compensation Act committed in a school, on 16 the real property comprising a school, or within 17 1,000 feet of the real property comprising a school; 18 (8) make restitution as provided in Section 5-5-6 19 of this Code; 20 (9) perform some reasonable public or community 21 service; 22 (10) serve a term of home confinement. In addition 23 to any other applicable condition of probation or 24 conditional discharge, the conditions of home confinement 25 shall be that the offender: 26 (i) remain within the interior premises of the 27 place designated for his confinement during the 28 hours designated by the court; 29 (ii) admit any person or agent designated by 30 the court into the offender's place of confinement 31 at any time for purposes of verifying the offender's 32 compliance with the conditions of his confinement; 33 and 34 (iii) if further deemed necessary by the court SB1426 Enrolled -20- LRB9111505RCpk 1 or the Probation or Court Services Department, be 2 placed on an approved electronic monitoring device, 3 subject to Article 8A of Chapter V; 4 (iv) for persons convicted of any alcohol, 5 cannabis or controlled substance violation who are 6 placed on an approved monitoring device as a 7 condition of probation or conditional discharge, the 8 court shall impose a reasonable fee for each day of 9 the use of the device, as established by the county 10 board in subsection (g) of this Section, unless 11 after determining the inability of the offender to 12 pay the fee, the court assesses a lesser fee or no 13 fee as the case may be. This fee shall be imposed in 14 addition to the fees imposed under subsections (g) 15 and (i) of this Section. The fee shall be collected 16 by the clerk of the circuit court. The clerk of the 17 circuit court shall pay all monies collected from 18 this fee to the county treasurer for deposit in the 19 substance abuse services fund under Section 5-1086.1 20 of the Counties Code; and 21 (v) for persons convicted of offenses other 22 than those referenced in clause (iv) above and who 23 are placed on an approved monitoring device as a 24 condition of probation or conditional discharge, the 25 court shall impose a reasonable fee for each day of 26 the use of the device, as established by the county 27 board in subsection (g) of this Section, unless 28 after determining the inability of the defendant to 29 pay the fee, the court assesses a lesser fee or no 30 fee as the case may be. This fee shall be imposed 31 in addition to the fees imposed under subsections 32 (g) and (i) of this Section. The fee shall be 33 collected by the clerk of the circuit court. The 34 clerk of the circuit court shall pay all monies SB1426 Enrolled -21- LRB9111505RCpk 1 collected from this fee to the county treasurer who 2 shall use the monies collected to defray the costs 3 of corrections. The county treasurer shall deposit 4 the fee collected in the county working cash fund 5 under Section 6-27001 or Section 6-29002 of the 6 Counties Code, as the case may be. 7 (11) comply with the terms and conditions of an 8 order of protection issued by the court pursuant to the 9 Illinois Domestic Violence Act of 1986, as now or 10 hereafter amended. A copy of the order of protection 11 shall be transmitted to the probation officer or agency 12 having responsibility for the case; 13 (12) reimburse any "local anti-crime program" as 14 defined in Section 7 of the Anti-Crime Advisory Council 15 Act for any reasonable expenses incurred by the program 16 on the offender's case, not to exceed the maximum amount 17 of the fine authorized for the offense for which the 18 defendant was sentenced; 19 (13) contribute a reasonable sum of money, not to 20 exceed the maximum amount of the fine authorized for the 21 offense for which the defendant was sentenced, to a 22 "local anti-crime program", as defined in Section 7 of 23 the Anti-Crime Advisory Council Act; 24 (14) refrain from entering into a designated 25 geographic area except upon such terms as the court finds 26 appropriate. Such terms may include consideration of the 27 purpose of the entry, the time of day, other persons 28 accompanying the defendant, and advance approval by a 29 probation officer, if the defendant has been placed on 30 probation or advance approval by the court, if the 31 defendant was placed on conditional discharge; 32 (15) refrain from having any contact, directly or 33 indirectly, with certain specified persons or particular 34 types of persons, including but not limited to members of SB1426 Enrolled -22- LRB9111505RCpk 1 street gangs and drug users or dealers; 2 (16) refrain from having in his or her body the 3 presence of any illicit drug prohibited by the Cannabis 4 Control Act or the Illinois Controlled Substances Act, 5 unless prescribed by a physician, and submit samples of 6 his or her blood or urine or both for tests to determine 7 the presence of any illicit drug. 8 (c) The court may as a condition of probation or of 9 conditional discharge require that a person under 18 years of 10 age found guilty of any alcohol, cannabis or controlled 11 substance violation, refrain from acquiring a driver's 12 license during the period of probation or conditional 13 discharge. If such person is in possession of a permit or 14 license, the court may require that the minor refrain from 15 driving or operating any motor vehicle during the period of 16 probation or conditional discharge, except as may be 17 necessary in the course of the minor's lawful employment. 18 (d) An offender sentenced to probation or to conditional 19 discharge shall be given a certificate setting forth the 20 conditions thereof. 21 (e) The court shall not require as a condition of the 22 sentence of probation or conditional discharge that the 23 offender be committed to a period of imprisonment in excess 24 of 6 months. This 6 month limit shall not include periods of 25 confinement given pursuant to a sentence of county impact 26 incarceration under Section 5-8-1.2. 27 Persons committed to imprisonment as a condition of 28 probation or conditional discharge shall not be committed to 29 the Department of Corrections. 30 (f) The court may combine a sentence of periodic 31 imprisonment under Article 7 or a sentence to a county impact 32 incarceration program under Article 8 with a sentence of 33 probation or conditional discharge. 34 (g) An offender sentenced to probation or to conditional SB1426 Enrolled -23- LRB9111505RCpk 1 discharge and who during the term of either undergoes 2 mandatory drug or alcohol testing, or both, or is assigned to 3 be placed on an approved electronic monitoring device, shall 4 be ordered to pay all costs incidental to such mandatory drug 5 or alcohol testing, or both, and all costs incidental to such 6 approved electronic monitoring in accordance with the 7 defendant's ability to pay those costs. The county board 8 with the concurrence of the Chief Judge of the judicial 9 circuit in which the county is located shall establish 10 reasonable fees for the cost of maintenance, testing, and 11 incidental expenses related to the mandatory drug or alcohol 12 testing, or both, and all costs incidental to approved 13 electronic monitoring, involved in a successful probation 14 program for the county. The concurrence of the Chief Judge 15 shall be in the form of an administrative order. The fees 16 shall be collected by the clerk of the circuit court. The 17 clerk of the circuit court shall pay all moneys collected 18 from these fees to the county treasurer who shall use the 19 moneys collected to defray the costs of drug testing, alcohol 20 testing, and electronic monitoring. The county treasurer 21 shall deposit the fees collected in the county working cash 22 fund under Section 6-27001 or Section 6-29002 of the Counties 23 Code, as the case may be. 24 (h) Jurisdiction over an offender may be transferred 25 from the sentencing court to the court of another circuit 26 with the concurrence of both courts, or to another state 27 under an Interstate Probation Reciprocal Agreement as 28 provided in Section 3-3-11. Further transfers or retransfers 29 of jurisdiction are also authorized in the same manner. The 30 court to which jurisdiction has been transferred shall have 31 the same powers as the sentencing court. 32 (i) The court shall impose upon an offender sentenced to 33 probation after January 1, 1989 or to conditional discharge 34 after January 1, 1992, as a condition of such probation or SB1426 Enrolled -24- LRB9111505RCpk 1 conditional discharge, a fee of $25 for each month of 2 probation or conditional discharge supervision ordered by the 3 court, unless after determining the inability of the person 4 sentenced to probation or conditional discharge to pay the 5 fee, the court assesses a lesser fee. The court may not 6 impose the fee on a minor who is made a ward of the State 7 under the Juvenile Court Act of 1987 while the minor is in 8 placement. The fee shall be imposed only upon an offender who 9 is actively supervised by the probation and court services 10 department. The fee shall be collected by the clerk of the 11 circuit court. The clerk of the circuit court shall pay all 12 monies collected from this fee to the county treasurer for 13 deposit in the probation and court services fund under 14 Section 15.1 of the Probation and Probation Officers Act. 15 (j) All fines and costs imposed under this Section for 16 any violation of Chapters 3, 4, 6, and 11 of the Illinois 17 Vehicle Code, or a similar provision of a local ordinance, 18 and any violation of the Child Passenger Protection Act, or a 19 similar provision of a local ordinance, shall be collected 20 and disbursed by the circuit clerk as provided under Section 21 27.5 of the Clerks of Courts Act. 22 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 23 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 91-325, eff. 24 7-29-99.) 25 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1) 26 Sec. 5-6-3.1. Incidents and Conditions of Supervision. 27 (a) When a defendant is placed on supervision, the court 28 shall enter an order for supervision specifying the period of 29 such supervision, and shall defer further proceedings in the 30 case until the conclusion of the period. 31 (b) The period of supervision shall be reasonable under 32 all of the circumstances of the case, but may not be longer 33 than 2 years, unless the defendant has failed to pay the SB1426 Enrolled -25- LRB9111505RCpk 1 assessment required by Section 10.3 of the Cannabis Control 2 Act or Section 411.2 of the Illinois Controlled Substances 3 Act, in which case the court may extend supervision beyond 2 4 years. Additionally, the court shall order the defendant to 5 perform no less than 30 hours of community service and not 6 more than 120 hours of community service, if community 7 service is available in the jurisdiction and is funded and 8 approved by the county board where the offense was committed, 9 when the offense (1) was related to or in furtherance of the 10 criminal activities of an organized gang or was motivated by 11 the defendant's membership in or allegiance to an organized 12 gang; or (2) is a violation of any Section of Article 24 of 13 the Criminal Code of 1961 where a disposition of supervision 14 is not prohibited by Section 5-6-1 of this Code. The 15 community service shall include, but not be limited to, the 16 cleanup and repair of any damage caused by violation of 17 Section 21-1.3 of the Criminal Code of 1961 and similar 18 damages to property located within the municipality or county 19 in which the violation occurred. Where possible and 20 reasonable, the community service should be performed in the 21 offender's neighborhood. 22 For the purposes of this Section, "organized gang" has 23 the meaning ascribed to it in Section 10 of the Illinois 24 Streetgang Terrorism Omnibus Prevention Act. 25 (c) 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) make a report to and appear in person before or 31 participate with the court or such courts, person, or 32 social service agency as directed by the court in the 33 order of supervision; 34 (2) pay a fine and costs; SB1426 Enrolled -26- LRB9111505RCpk 1 (3) work or pursue a course of study or vocational 2 training; 3 (4) undergo medical, psychological or psychiatric 4 treatment; or treatment for drug addiction or alcoholism; 5 (5) attend or reside in a facility established for 6 the instruction or residence of defendants on probation; 7 (6) support his dependents; 8 (7) refrain from possessing a firearm or other 9 dangerous weapon; 10 (8) and in addition, if a minor: 11 (i) reside with his parents or in a foster 12 home; 13 (ii) attend school; 14 (iii) attend a non-residential program for 15 youth; 16 (iv) contribute to his own support at home or 17 in a foster home; orand18 (v) with the consent of the superintendent of 19 the facility, attend an educational program at a 20 facility other than the school in which the offense 21 was committed if he or she is placed on supervision 22 for a crime of violence as defined in Section 2 of 23 the Crime Victims Compensation Act committed in a 24 school, on the real property comprising a school, or 25 within 1,000 feet of the real property comprising a 26 school; 27 (9) make restitution or reparation in an amount not 28 to exceed actual loss or damage to property and pecuniary 29 loss or make restitution under Section 5-5-6 to a 30 domestic violence shelter. The court shall determine the 31 amount and conditions of payment; 32 (10) perform some reasonable public or community 33 service; 34 (11) comply with the terms and conditions of an SB1426 Enrolled -27- LRB9111505RCpk 1 order of protection issued by the court pursuant to the 2 Illinois Domestic Violence Act of 1986. If the court has 3 ordered the defendant to make a report and appear in 4 person under paragraph (1) of this subsection, a copy of 5 the order of protection shall be transmitted to the 6 person or agency so designated by the court; 7 (12) reimburse any "local anti-crime program" as 8 defined in Section 7 of the Anti-Crime Advisory Council 9 Act for any reasonable expenses incurred by the program 10 on the offender's case, not to exceed the maximum amount 11 of the fine authorized for the offense for which the 12 defendant was sentenced; 13 (13) contribute a reasonable sum of money, not to 14 exceed the maximum amount of the fine authorized for the 15 offense for which the defendant was sentenced, to a 16 "local anti-crime program", as defined in Section 7 of 17 the Anti-Crime Advisory Council Act; 18 (14) refrain from entering into a designated 19 geographic area except upon such terms as the court finds 20 appropriate. Such terms may include consideration of the 21 purpose of the entry, the time of day, other persons 22 accompanying the defendant, and advance approval by a 23 probation officer; 24 (15) refrain from having any contact, directly or 25 indirectly, with certain specified persons or particular 26 types of person, including but not limited to members of 27 street gangs and drug users or dealers; 28 (16) refrain from having in his or her body the 29 presence of any illicit drug prohibited by the Cannabis 30 Control Act or the Illinois Controlled Substances Act, 31 unless prescribed by a physician, and submit samples of 32 his or her blood or urine or both for tests to determine 33 the presence of any illicit drug; 34 (17) refrain from operating any motor vehicle not SB1426 Enrolled -28- LRB9111505RCpk 1 equipped with an ignition interlock device as defined in 2 Section 1-129.1 of the Illinois Vehicle Code. Under this 3 condition the court may allow a defendant who is not 4 self-employed to operate a vehicle owned by the 5 defendant's employer that is not equipped with an 6 ignition interlock device in the course and scope of the 7 defendant's employment. 8 (d) The court shall defer entering any judgment on the 9 charges until the conclusion of the supervision. 10 (e) At the conclusion of the period of supervision, if 11 the court determines that the defendant has successfully 12 complied with all of the conditions of supervision, the court 13 shall discharge the defendant and enter a judgment dismissing 14 the charges. 15 (f) Discharge and dismissal upon a successful conclusion 16 of a disposition of supervision shall be deemed without 17 adjudication of guilt and shall not be termed a conviction 18 for purposes of disqualification or disabilities imposed by 19 law upon conviction of a crime. Two years after the 20 discharge and dismissal under this Section, unless the 21 disposition of supervision was for a violation of Sections 22 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois 23 Vehicle Code or a similar provision of a local ordinance, or 24 for a violation of Sections 12-3.2 or 16A-3 of the Criminal 25 Code of 1961, in which case it shall be 5 years after 26 discharge and dismissal, a person may have his record of 27 arrest sealed or expunged as may be provided by law. 28 However, any defendant placed on supervision before January 29 1, 1980, may move for sealing or expungement of his arrest 30 record, as provided by law, at any time after discharge and 31 dismissal under this Section. A person placed on supervision 32 for a sexual offense committed against a minor as defined in 33 subsection (g) of Section 5 of the Criminal Identification 34 Act or for a violation of Section 11-501 of the Illinois SB1426 Enrolled -29- LRB9111505RCpk 1 Vehicle Code or a similar provision of a local ordinance 2 shall not have his or her record of arrest sealed or 3 expunged. 4 (g) A defendant placed on supervision and who during the 5 period of supervision undergoes mandatory drug or alcohol 6 testing, or both, or is assigned to be placed on an approved 7 electronic monitoring device, shall be ordered to pay the 8 costs incidental to such mandatory drug or alcohol testing, 9 or both, and costs incidental to such approved electronic 10 monitoring in accordance with the defendant's ability to pay 11 those costs. The county board with the concurrence of the 12 Chief Judge of the judicial circuit in which the county is 13 located shall establish reasonable fees for the cost of 14 maintenance, testing, and incidental expenses related to the 15 mandatory drug or alcohol testing, or both, and all costs 16 incidental to approved electronic monitoring, of all 17 defendants placed on supervision. The concurrence of the 18 Chief Judge shall be in the form of an administrative order. 19 The fees shall be collected by the clerk of the circuit 20 court. The clerk of the circuit court shall pay all moneys 21 collected from these fees to the county treasurer who shall 22 use the moneys collected to defray the costs of drug testing, 23 alcohol testing, and electronic monitoring. The county 24 treasurer shall deposit the fees collected in the county 25 working cash fund under Section 6-27001 or Section 6-29002 of 26 the Counties Code, as the case may be. 27 (h) A disposition of supervision is a final order for 28 the purposes of appeal. 29 (i) The court shall impose upon a defendant placed on 30 supervision after January 1, 1992, as a condition of 31 supervision, a fee of $25 for each month of supervision 32 ordered by the court, unless after determining the inability 33 of the person placed on supervision to pay the fee, the court 34 assesses a lesser fee. The court may not impose the fee on a SB1426 Enrolled -30- LRB9111505RCpk 1 minor who is made a ward of the State under the Juvenile 2 Court Act of 1987 while the minor is in placement. The fee 3 shall be imposed only upon a defendant who is actively 4 supervised by the probation and court services department. 5 The fee shall be collected by the clerk of the circuit court. 6 The clerk of the circuit court shall pay all monies collected 7 from this fee to the county treasurer for deposit in the 8 probation and court services fund pursuant to Section 15.1 of 9 the Probation and Probation Officers Act. 10 (j) All fines and costs imposed under this Section for 11 any violation of Chapters 3, 4, 6, and 11 of the Illinois 12 Vehicle Code, or a similar provision of a local ordinance, 13 and any violation of the Child Passenger Protection Act, or a 14 similar provision of a local ordinance, shall be collected 15 and disbursed by the circuit clerk as provided under Section 16 27.5 of the Clerks of Courts Act. 17 (k) A defendant at least 17 years of age who is placed 18 on supervision for a misdemeanor in a county of 3,000,000 or 19 more inhabitants and who has not been previously convicted of 20 a misdemeanor or felony may as a condition of his or her 21 supervision be required by the court to attend educational 22 courses designed to prepare the defendant for a high school 23 diploma and to work toward a high school diploma or to work 24 toward passing the high school level Test of General 25 Educational Development (GED) or to work toward completing a 26 vocational training program approved by the court. The 27 defendant placed on supervision must attend a public 28 institution of education to obtain the educational or 29 vocational training required by this subsection (k). The 30 defendant placed on supervision shall be required to pay for 31 the cost of the educational courses or GED test, if a fee is 32 charged for those courses or test. The court shall revoke 33 the supervision of a person who wilfully fails to comply with 34 this subsection (k). The court shall resentence the SB1426 Enrolled -31- LRB9111505RCpk 1 defendant upon revocation of supervision as provided in 2 Section 5-6-4. This subsection (k) does not apply to a 3 defendant who has a high school diploma or has successfully 4 passed the GED test. This subsection (k) does not apply to a 5 defendant who is determined by the court to be 6 developmentally disabled or otherwise mentally incapable of 7 completing the educational or vocational program. 8 (l) The court shall require a defendant placed on 9 supervision for possession of a substance prohibited by the 10 Cannabis Control Act or Illinois Controlled Substances Act 11 after a previous conviction or disposition of supervision for 12 possession of a substance prohibited by the Cannabis Control 13 Act or Illinois Controlled Substances Act or a sentence of 14 probation under Section 10 of the Cannabis Control Act or 15 Section 410 of the Illinois Controlled Substances Act and 16 after a finding by the court that the person is addicted, to 17 undergo treatment at a substance abuse program approved by 18 the court. 19 (m) The court shall require a defendant placed on 20 supervision for a violation of Section 3-707 of the Illinois 21 Vehicle Code or a similar provision of a local ordinance, as 22 a condition of supervision, to give proof of his or her 23 financial responsibility as defined in Section 7-315 of the 24 Illinois Vehicle Code. The proof shall be maintained by the 25 defendant in a manner satisfactory to the Secretary of State 26 for a minimum period of one year after the date the proof is 27 first filed. The Secretary of State shall suspend the 28 driver's license of any person determined by the Secretary to 29 be in violation of this subsection. 30 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 31 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 90-784, eff. 32 1-1-99; 91-127, eff. 1-1-00.) 33 Section 99. Effective date. This Act takes effect upon SB1426 Enrolled -32- LRB9111505RCpk 1 becoming law.