State of Illinois
91st General Assembly
Legislation
1st Special Session

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[ Introduced ][ House Amendment 001 ]

91_SB0391eng

 
SB391 Engrossed                                LRB9100332RCpc

 1        AN ACT in relation to probation and supervision.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Juvenile Court Act of 1987 is amended  by
 5    changing Sections 5-615 and 5-715 as follows:

 6        (705 ILCS 405/5-615)
 7        Sec. 5-615.  Continuance under supervision.
 8        (1)  The  court  may  enter an order of continuance under
 9    supervision for an offense other than first degree murder,  a
10    Class  X felony or a forcible felony (a) upon an admission or
11    stipulation by the appropriate respondent or minor respondent
12    of the facts supporting the petition and before proceeding to
13    adjudication, or after hearing the evidence at the trial, and
14    (b) in the absence of objection made in  open  court  by  the
15    minor,  his  or her parent, guardian, or legal custodian, the
16    minor's attorney or the State's Attorney.
17        (2)  If the minor, his or her parent, guardian, or  legal
18    custodian,  the  minor's attorney or State's Attorney objects
19    in open court to any continuance and insists upon  proceeding
20    to findings and adjudication, the court shall so proceed.
21        (3)  Nothing  in  this  Section  limits  the power of the
22    court  to  order  a  continuance  of  the  hearing  for   the
23    production  of  additional  evidence  or for any other proper
24    reason.
25        (4)  When a hearing where a minor  is  alleged  to  be  a
26    delinquent  is continued pursuant to this Section, the period
27    of continuance under supervision may not  exceed  24  months.
28    The  court  may  terminate a continuance under supervision at
29    any time if warranted by the conduct of  the  minor  and  the
30    ends of justice.
31        (5)  When  a  hearing  where  a  minor  is  alleged to be
 
SB391 Engrossed             -2-                LRB9100332RCpc
 1    delinquent is continued pursuant to this Section,  the  court
 2    may,  as  conditions  of  the  continuance under supervision,
 3    require the minor to do any of the following:
 4             (a)  not  violate  any  criminal  statute   of   any
 5        jurisdiction;
 6             (b)  make  a  report  to and appear in person before
 7        any person or agency as directed by the court;
 8             (c)  work or pursue a course of study or  vocational
 9        training;
10             (d)  undergo  medical or psychotherapeutic treatment
11        rendered by a therapist licensed under the provisions  of
12        the   Medical   Practice   Act  of  1987,   the  Clinical
13        Psychologist Licensing Act, or the Clinical  Social  Work
14        and  Social  Work  Practice Act, or an entity licensed by
15        the Department of Human Services as a  successor  to  the
16        Department  of  Alcoholism  and  Substance Abuse, for the
17        provision of drug addiction and alcoholism treatment;
18             (e)  attend or reside in a facility established  for
19        the instruction or residence of persons on probation;
20             (f)  support his or her dependents, if any;
21             (g)  pay costs;
22             (h)  refrain  from  possessing  a  firearm  or other
23        dangerous weapon, or an automobile;
24             (i)  permit the probation officer to  visit  him  or
25        her at his or her home or elsewhere;
26             (j)  reside  with  his or her parents or in a foster
27        home;
28             (k)  attend school;
29             (k-5)  attend an educational program at  a  facility
30        other  than the school in which the offense was committed
31        if he or she committed a crime of violence as defined  in
32        Section  2  of  the  Crime  Victims Compensation Act in a
33        school, on the real  property  comprising  a  school,  or
34        within  1,000  feet  of  the  real  property comprising a
 
SB391 Engrossed             -3-                LRB9100332RCpc
 1        school;
 2             (l)  attend a non-residential program for youth;
 3             (m)  contribute to his or her own support at home or
 4        in a foster home;
 5             (n)  perform some  reasonable  public  or  community
 6        service;
 7             (o)  make  restitution  to  the  victim, in the same
 8        manner and under  the  same  conditions  as  provided  in
 9        subsection   (4)   of  Section  5-710,  except  that  the
10        "sentencing hearing" referred to in that Section shall be
11        the adjudicatory hearing for purposes of this Section;
12             (p)  comply with curfew requirements  as  designated
13        by the court;
14             (q)  refrain   from   entering   into  a  designated
15        geographic area except upon  terms  as  the  court  finds
16        appropriate.   The terms may include consideration of the
17        purpose of the entry, the  time  of  day,  other  persons
18        accompanying   the  minor,  and  advance  approval  by  a
19        probation officer;
20             (r)  refrain from having any  contact,  directly  or
21        indirectly,  with certain specified persons or particular
22        types of persons, including but not limited to members of
23        street gangs and drug users or dealers;
24             (s)  refrain from having in  his  or  her  body  the
25        presence  of  any illicit drug prohibited by the Cannabis
26        Control Act or the Illinois  Controlled  Substances  Act,
27        unless  prescribed  by a physician, and submit samples of
28        his or her blood or urine or both for tests to  determine
29        the presence of any illicit drug;  or
30             (t)  comply  with  any  other  conditions  as may be
31        ordered by the court.
32        (6)  A minor whose case is  continued  under  supervision
33    under  subsection  (5)  shall  be given a certificate setting
34    forth the conditions imposed by the court.  Those  conditions
 
SB391 Engrossed             -4-                LRB9100332RCpc
 1    may  be reduced, enlarged, or modified by the court on motion
 2    of the probation officer or on its own motion, or that of the
 3    State's Attorney, or, at  the  request  of  the  minor  after
 4    notice and hearing.
 5        (7)  If  a  petition  is  filed charging a violation of a
 6    condition of the continuance  under  supervision,  the  court
 7    shall conduct a hearing.  If the court finds that a condition
 8    of  supervision has not been fulfilled, the court may proceed
 9    to findings and adjudication and disposition.  The filing  of
10    a  petition  for  violation of a condition of the continuance
11    under supervision shall toll the period of continuance  under
12    supervision  until the final determination of the charge, and
13    the term of the continuance under supervision shall  not  run
14    until  the  hearing  and  disposition  of  the  petition  for
15    violation;   provided where the petition alleges conduct that
16    does not constitute a criminal offense, the hearing  must  be
17    held  within  30  days of the filing of the petition unless a
18    delay shall continue the tolling of the period of continuance
19    under supervision for the period of the delay.
20        (8)  When a hearing in which a minor is alleged to  be  a
21    delinquent  for  reasons  that include a violation of Section
22    21-1.3 of the Criminal Code of 1961 is continued  under  this
23    Section,  the  court shall, as a condition of the continuance
24    under supervision, require the  minor  to  perform  community
25    service  for not less than 30 and not more than 120 hours, if
26    community service is  available  in  the  jurisdiction.   The
27    community  service shall include, but need not be limited to,
28    the cleanup and repair of the damage that was caused  by  the
29    alleged  violation  or  similar damage to property located in
30    the municipality or county in  which  the  alleged  violation
31    occurred.   The  condition  may  be  in addition to any other
32    condition.
33        (9)  When a hearing in which a minor is alleged to  be  a
34    delinquent is continued under this Section, the court, before
 
SB391 Engrossed             -5-                LRB9100332RCpc
 1    continuing the case, shall make a finding whether the offense
 2    alleged to have been committed either:  (i) was related to or
 3    in  furtherance of the activities of an organized gang or was
 4    motivated by the minor's membership in or  allegiance  to  an
 5    organized  gang,  or (ii) is a violation of paragraph (13) of
 6    subsection (a) of Section 12-2 of the Criminal Code of  1961,
 7    a violation of any Section of Article 24 of the Criminal Code
 8    of  1961,  or  a  violation  of any statute that involved the
 9    unlawful use of a  firearm.   If  the  court  determines  the
10    question  in  the affirmative the court shall, as a condition
11    of the continuance under supervision and as  part  of  or  in
12    addition  to  any other condition of the supervision, require
13    the minor to perform community service for not less  than  30
14    hours  nor  more  than  120  hours,  provided  that community
15    service is available in the jurisdiction and  is  funded  and
16    approved  by the county board of the county where the offense
17    was committed.  The community service shall include, but need
18    not be limited to, the  cleanup  and  repair  of  any  damage
19    caused  by  an  alleged  violation  of  Section 21-1.3 of the
20    Criminal Code of 1961 and similar damage to property  located
21    in  the municipality or county in which the alleged violation
22    occurred.   When  possible  and  reasonable,  the   community
23    service  shall be performed in the minor's neighborhood.  For
24    the purposes  of  this  Section,  "organized  gang"  has  the
25    meaning  ascribed  to  it  in  Section  10  of  the  Illinois
26    Streetgang Terrorism Omnibus Prevention Act.
27        (10)  The  court  shall  impose  upon  a  minor placed on
28    supervision, as a condition of the supervision, a fee of  $25
29    for  each  month  of supervision ordered by the court, unless
30    after determining  the  inability  of  the  minor  placed  on
31    supervision  to  pay  the  fee,  the  court assesses a lesser
32    amount.  The court may not impose the fee on a minor  who  is
33    made a ward of the State under this Act while the minor is in
34    placement.  The fee shall be imposed only upon a minor who is
 
SB391 Engrossed             -6-                LRB9100332RCpc
 1    actively  supervised  by  the  probation  and  court services
 2    department.  A court may order the parent, guardian, or legal
 3    custodian of the minor to pay some or all of the fee  on  the
 4    minor's behalf.
 5    (Source: P.A. 90-590, eff. 1-1-99.)

 6        (705 ILCS 405/5-715)
 7        Sec. 5-715.  Probation.
 8        (1)  The  period  of  probation  or conditional discharge
 9    shall not exceed 5 years or until the minor has attained  the
10    age  of  21  years,  whichever is less, except as provided in
11    this Section for a minor who is found to  be  guilty  for  an
12    offense  which  is first degree murder, a Class X felony or a
13    forcible felony.  The juvenile court may terminate  probation
14    or  conditional discharge and discharge the minor at any time
15    if warranted by the conduct of the  minor  and  the  ends  of
16    justice;  provided, however, that the period of probation for
17    a  minor  who  is  found to be guilty for an offense which is
18    first degree murder, a Class X felony, or a  forcible  felony
19    shall be at least 5 years.
20        (2)  The  court  may  as  a  condition of probation or of
21    conditional discharge require that the minor:
22             (a)  not  violate  any  criminal  statute   of   any
23        jurisdiction;
24             (b)  make  a  report  to and appear in person before
25        any person or agency as directed by the court;
26             (c)  work or pursue a course of study or  vocational
27        training;
28             (d)  undergo   medical   or  psychiatric  treatment,
29        rendered by a  psychiatrist  or  psychological  treatment
30        rendered  by  a  clinical  psychologist  or  social  work
31        services   rendered  by  a  clinical  social  worker,  or
32        treatment for drug addiction or alcoholism;
33             (e)  attend or reside in a facility established  for
 
SB391 Engrossed             -7-                LRB9100332RCpc
 1        the instruction or residence of persons on probation;
 2             (f)  support his or her dependents, if any;
 3             (g)  refrain  from  possessing  a  firearm  or other
 4        dangerous weapon, or an automobile;
 5             (h)  permit the probation officer to  visit  him  or
 6        her at his or her home or elsewhere;
 7             (i)  reside  with  his or her parents or in a foster
 8        home;
 9             (j)  attend school;
10             (j-5)  attend an educational program at  a  facility
11        other  than the school in which the offense was committed
12        if he or she committed a crime of violence as defined  in
13        Section  2  of  the  Crime  Victims Compensation Act in a
14        school, on the real  property  comprising  a  school,  or
15        within  1,000  feet  of  the  real  property comprising a
16        school;
17             (k)  attend a non-residential program for youth;
18             (l)  make restitution under the terms of  subsection
19        (4) of Section 5-710;
20             (m)  contribute to his or her own support at home or
21        in a foster home;
22             (n)  perform  some  reasonable  public  or community
23        service;
24             (o)  participate with community corrections programs
25        including  unified  delinquency   intervention   services
26        administered  by the Department of Human Services subject
27        to Section 5 of the Children and Family Services Act;
28             (p)  pay costs;
29             (q)  serve a term of home confinement.  In  addition
30        to   any  other  applicable  condition  of  probation  or
31        conditional discharge, the conditions of home confinement
32        shall be that the minor:
33                  (i)  remain within the interior premises of the
34             place designated for his or her  confinement  during
 
SB391 Engrossed             -8-                LRB9100332RCpc
 1             the hours designated by the court;
 2                  (ii)  admit  any  person or agent designated by
 3             the court into the minor's place of  confinement  at
 4             any  time  for  purposes  of  verifying  the minor's
 5             compliance  with  the  conditions  of  his  or   her
 6             confinement;  and
 7                  (iii)  use  an  approved  electronic monitoring
 8             device if ordered by the court subject to Article 8A
 9             of Chapter V of the Unified Code of Corrections;
10             (r)  refrain  from  entering   into   a   designated
11        geographic  area  except  upon  terms  as the court finds
12        appropriate.  The terms may include consideration of  the
13        purpose  of  the  entry,  the  time of day, other persons
14        accompanying  the  minor,  and  advance  approval  by   a
15        probation  officer,  if  the  minor  has  been  placed on
16        probation, or advance approval by the court, if the minor
17        has been placed on conditional discharge;
18             (s)  refrain from having any  contact,  directly  or
19        indirectly,  with certain specified persons or particular
20        types of persons, including but not limited to members of
21        street gangs and drug users or dealers;
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
 
SB391 Engrossed             -9-                LRB9100332RCpc
 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
 
SB391 Engrossed             -10-               LRB9100332RCpc
 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.)

 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
 
SB391 Engrossed             -11-               LRB9100332RCpc
 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
 
SB391 Engrossed             -12-               LRB9100332RCpc
 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;
 
SB391 Engrossed             -13-               LRB9100332RCpc
 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)  attend  an  educational   program   at   a
11             facility  other than the school in which the offense
12             was committed if he or she is convicted of  a  crime
13             of  violence  as  defined  in Section 2 of the Crime
14             Victims Compensation Act committed in a  school,  on
15             the  real  property  comprising  a school, or within
16             1,000 feet of the real property comprising a school;
17             
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
 
SB391 Engrossed             -14-               LRB9100332RCpc
 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
 
SB391 Engrossed             -15-               LRB9100332RCpc
 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
 
SB391 Engrossed             -16-               LRB9100332RCpc
 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
 
SB391 Engrossed             -17-               LRB9100332RCpc
 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.   Further  transfers  or
27    retransfers  of  jurisdiction are also authorized in the same
28    manner.  The court to which jurisdiction has been transferred
29    shall have the same powers as the sentencing court.
30        (i)  The court shall impose upon an offender sentenced to
31    probation after January 1, 1989 or to  conditional  discharge
32    after  January  1,  1992, as a condition of such probation or
33    conditional discharge,  a  fee  of  $25  for  each  month  of
34    probation or conditional discharge supervision ordered by the
 
SB391 Engrossed             -18-               LRB9100332RCpc
 1    court,  unless  after determining the inability of the person
 2    sentenced to probation or conditional discharge  to  pay  the
 3    fee,  the  court  assesses  a  lesser  fee. The court may not
 4    impose the fee on a minor who is made a  ward  of  the  State
 5    under  the  Juvenile  Court Act of 1987 while the minor is in
 6    placement. The fee shall be imposed only upon an offender who
 7    is actively supervised by the probation  and  court  services
 8    department.   The  fee shall be collected by the clerk of the
 9    circuit court.  The clerk of the circuit court shall pay  all
10    monies  collected  from  this fee to the county treasurer for
11    deposit in  the  probation  and  court  services  fund  under
12    Section 15.1 of the Probation and Probation Officers Act.
13        (j)  All  fines  and costs imposed under this Section for
14    any violation of Chapters 3, 4, 6, and  11  of  the  Illinois
15    Vehicle  Code,  or  a similar provision of a local ordinance,
16    and any violation of the Child Passenger Protection Act, or a
17    similar provision of a local ordinance,  shall  be  collected
18    and  disbursed by the circuit clerk as provided under Section
19    27.5 of the Clerks of Courts Act.
20    (Source: P.A. 89-198, eff.  7-21-95;  89-587,  eff.  7-31-96;
21    89-688, eff. 6-1-97; 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
22    90-504, eff. 1-1-98; 90-655, eff. 7-30-98.)

23        (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
24        Sec. 5-6-3.1.  Incidents and Conditions of Supervision.
25        (a)  When a defendant is placed on supervision, the court
26    shall enter an order for supervision specifying the period of
27    such  supervision, and shall defer further proceedings in the
28    case until the conclusion of the period.
29        (b)  The period of supervision shall be reasonable  under
30    all  of  the circumstances of the case, but may not be longer
31    than 2 years, unless the defendant  has  failed  to  pay  the
32    assessment  required  by Section 10.3 of the Cannabis Control
33    Act or Section 411.2 of the  Illinois  Controlled  Substances
 
SB391 Engrossed             -19-               LRB9100332RCpc
 1    Act,  in which case the court may extend supervision beyond 2
 2    years. Additionally, the court shall order the  defendant  to
 3    perform  no  less  than 30 hours of community service and not
 4    more than  120  hours  of  community  service,  if  community
 5    service  is  available  in the jurisdiction and is funded and
 6    approved by the county board where the offense was committed,
 7    when the offense (1) was related to or in furtherance of  the
 8    criminal  activities of an organized gang or was motivated by
 9    the defendant's membership in or allegiance to  an  organized
10    gang;  or  (2) is a violation of any Section of Article 24 of
11    the Criminal Code of 1961 where a disposition of  supervision
12    is  not  prohibited  by  Section  5-6-1  of  this  Code.  The
13    community service shall include, but not be limited  to,  the
14    cleanup  and  repair  of  any  damage  caused by violation of
15    Section 21-1.3 of the  Criminal  Code  of  1961  and  similar
16    damages to property located within the municipality or county
17    in   which   the  violation  occurred.   Where  possible  and
18    reasonable, the community service should be performed in  the
19    offender's neighborhood.
20        For  the  purposes  of this Section, "organized gang" has
21    the meaning ascribed to it in  Section  10  of  the  Illinois
22    Streetgang Terrorism Omnibus Prevention Act.
23        (c)  The  court  may  in  addition  to  other  reasonable
24    conditions  relating  to  the  nature  of  the offense or the
25    rehabilitation  of  the  defendant  as  determined  for  each
26    defendant in the proper discretion of the court require  that
27    the person:
28             (1)  make a report to and appear in person before or
29        participate  with  the  court  or such courts, person, or
30        social service agency as directed by  the  court  in  the
31        order of supervision;
32             (2)  pay a fine and costs;
33             (3)  work  or pursue a course of study or vocational
34        training;
 
SB391 Engrossed             -20-               LRB9100332RCpc
 1             (4)  undergo medical, psychological  or  psychiatric
 2        treatment; or treatment for drug addiction or alcoholism;
 3             (5)  attend  or reside in a facility established for
 4        the instruction or residence of defendants on probation;
 5             (6)  support his dependents;
 6             (7)  refrain from  possessing  a  firearm  or  other
 7        dangerous weapon;
 8             (8)  and in addition, if a minor:
 9                  (i)  reside  with  his  parents  or in a foster
10             home;
11                  (ii)  attend school;
12                  (iii)  attend  a  non-residential  program  for
13             youth;
14                  (iv)  contribute to his own support at home  or
15             in a foster home; or and
16                  (v)  attend   an   educational   program  at  a
17             facility other than the school in which the  offense
18             was  committed if he or she is placed on supervision
19             for a crime of violence as defined in Section  2  of
20             the  Crime  Victims  Compensation Act committed in a
21             school, on the real property comprising a school, or
22             within 1,000 feet of the real property comprising  a
23             school;
24             (9)  make restitution or reparation in an amount not
25        to exceed actual loss or damage to property and pecuniary
26        loss  or  make  restitution  under  Section  5-5-6  to  a
27        domestic violence shelter.  The court shall determine the
28        amount and conditions of payment;
29             (10)  perform  some  reasonable  public or community
30        service;
31             (11)  comply with the terms  and  conditions  of  an
32        order  of  protection issued by the court pursuant to the
33        Illinois Domestic Violence Act of 1986. If the court  has
34        ordered  the  defendant  to  make  a report and appear in
 
SB391 Engrossed             -21-               LRB9100332RCpc
 1        person under paragraph (1) of this subsection, a copy  of
 2        the  order  of  protection  shall  be  transmitted to the
 3        person or agency so designated by the court;
 4             (12)  reimburse any "local  anti-crime  program"  as
 5        defined  in  Section 7 of the Anti-Crime Advisory Council
 6        Act for any reasonable expenses incurred by  the  program
 7        on  the offender's case, not to exceed the maximum amount
 8        of the fine authorized for  the  offense  for  which  the
 9        defendant was sentenced;
10             (13)  contribute  a  reasonable sum of money, not to
11        exceed the maximum amount of the fine authorized for  the
12        offense  for  which  the  defendant  was  sentenced, to a
13        "local anti-crime program", as defined in  Section  7  of
14        the Anti-Crime Advisory Council Act;
15             (14)  refrain   from   entering  into  a  designated
16        geographic area except upon such terms as the court finds
17        appropriate.  Such terms may include consideration of the
18        purpose of the entry, the  time  of  day,  other  persons
19        accompanying  the  defendant,  and  advance approval by a
20        probation officer;
21             (15)  refrain from having any contact,  directly  or
22        indirectly,  with certain specified persons or particular
23        types of person, including but not limited to members  of
24        street gangs and drug users or dealers;
25             (16)  refrain  from  having  in  his or her body the
26        presence of any illicit drug prohibited by  the  Cannabis
27        Control  Act  or  the Illinois Controlled Substances Act,
28        unless prescribed by a physician, and submit  samples  of
29        his  or her blood or urine or both for tests to determine
30        the presence of any illicit drug.
31        (d)  The court shall defer entering any judgment  on  the
32    charges until the conclusion of the supervision.
33        (e)  At  the  conclusion of the period of supervision, if
34    the court determines  that  the  defendant  has  successfully
 
SB391 Engrossed             -22-               LRB9100332RCpc
 1    complied with all of the conditions of supervision, the court
 2    shall discharge the defendant and enter a judgment dismissing
 3    the charges.
 4        (f)  Discharge and dismissal upon a successful conclusion
 5    of  a  disposition  of  supervision  shall  be deemed without
 6    adjudication of guilt and shall not be  termed  a  conviction
 7    for  purposes  of disqualification or disabilities imposed by
 8    law  upon  conviction  of  a  crime.   Two  years  after  the
 9    discharge  and  dismissal  under  this  Section,  unless  the
10    disposition of supervision was for a  violation  of  Sections
11    3-707,  3-708,  3-710,  5-401.3,  or  11-503  of the Illinois
12    Vehicle Code or a similar provision of a local ordinance,  or
13    for  a  violation of Sections 12-3.2 or 16A-3 of the Criminal
14    Code of 1961, in  which  case  it  shall  be  5  years  after
15    discharge  and  dismissal,  a  person  may have his record of
16    arrest  sealed  or  expunged  as  may  be  provided  by  law.
17    However, any defendant placed on supervision  before  January
18    1,  1980,  may  move for sealing or expungement of his arrest
19    record, as provided by law, at any time after  discharge  and
20    dismissal  under this Section. A person placed on supervision
21    for a sexual offense committed against a minor as defined  in
22    subsection  (g)  of  Section 5 of the Criminal Identification
23    Act or for a violation of  Section  11-501  of  the  Illinois
24    Vehicle  Code  or  a  similar  provision of a local ordinance
25    shall not  have  his  or  her  record  of  arrest  sealed  or
26    expunged.
27        (g)  A defendant placed on supervision and who during the
28    period  of  supervision  undergoes  mandatory drug or alcohol
29    testing, or both, or is assigned to be placed on an  approved
30    electronic  monitoring  device,  shall  be ordered to pay the
31    costs incidental to such mandatory drug or  alcohol  testing,
32    or  both,  and  costs  incidental to such approved electronic
33    monitoring in accordance with the defendant's ability to  pay
34    those  costs.  The  county  board with the concurrence of the
 
SB391 Engrossed             -23-               LRB9100332RCpc
 1    Chief Judge of the judicial circuit in which  the  county  is
 2    located  shall  establish  reasonable  fees  for  the cost of
 3    maintenance, testing, and incidental expenses related to  the
 4    mandatory  drug  or  alcohol  testing, or both, and all costs
 5    incidental  to  approved  electronic   monitoring,   of   all
 6    defendants  placed  on  supervision.   The concurrence of the
 7    Chief Judge shall be in the form of an administrative  order.
 8    The  fees  shall  be  collected  by  the clerk of the circuit
 9    court.  The clerk of the circuit court shall pay  all  moneys
10    collected  from  these fees to the county treasurer who shall
11    use the moneys collected to defray the costs of drug testing,
12    alcohol  testing,  and  electronic  monitoring.  The   county
13    treasurer  shall  deposit  the  fees  collected in the county
14    working cash fund under Section 6-27001 or Section 6-29002 of
15    the Counties Code, as the case may be.
16        (h)  A disposition of supervision is a  final  order  for
17    the purposes of appeal.
18        (i)  The  court  shall  impose upon a defendant placed on
19    supervision  after  January  1,  1992,  as  a  condition   of
20    supervision,  a  fee  of  $25  for  each month of supervision
21    ordered by the court, unless after determining the  inability
22    of the person placed on supervision to pay the fee, the court
23    assesses  a lesser fee. The court may not impose the fee on a
24    minor who is made a ward of  the  State  under  the  Juvenile
25    Court  Act  of 1987 while the minor is in placement.  The fee
26    shall be imposed  only  upon  a  defendant  who  is  actively
27    supervised  by  the  probation and court services department.
28    The fee shall be collected by the clerk of the circuit court.
29    The clerk of the circuit court shall pay all monies collected
30    from this fee to the county  treasurer  for  deposit  in  the
31    probation and court services fund pursuant to Section 15.1 of
32    the Probation and Probation Officers Act.
33        (j)  All  fines  and costs imposed under this Section for
34    any violation of Chapters 3, 4, 6, and  11  of  the  Illinois
 
SB391 Engrossed             -24-               LRB9100332RCpc
 1    Vehicle  Code,  or  a similar provision of a local ordinance,
 2    and any violation of the Child Passenger Protection Act, or a
 3    similar provision of a local ordinance,  shall  be  collected
 4    and  disbursed by the circuit clerk as provided under Section
 5    27.5 of the Clerks of Courts Act.
 6        (k)  A defendant at least 17 years of age who  is  placed
 7    on  supervision for a misdemeanor in a county of 3,000,000 or
 8    more inhabitants and who has not been previously convicted of
 9    a misdemeanor or felony may as a  condition  of  his  or  her
10    supervision  be  required  by the court to attend educational
11    courses designed to prepare the defendant for a  high  school
12    diploma  and  to work toward a high school diploma or to work
13    toward  passing  the  high  school  level  Test  of   General
14    Educational  Development (GED) or to work toward completing a
15    vocational training  program  approved  by  the  court.   The
16    defendant   placed   on  supervision  must  attend  a  public
17    institution  of  education  to  obtain  the  educational   or
18    vocational  training  required  by  this subsection (k).  The
19    defendant placed on supervision shall be required to pay  for
20    the  cost of the educational courses or GED test, if a fee is
21    charged for those courses or test.  The  court  shall  revoke
22    the supervision of a person who wilfully fails to comply with
23    this   subsection   (k).   The  court  shall  resentence  the
24    defendant upon  revocation  of  supervision  as  provided  in
25    Section  5-6-4.   This  subsection  (k)  does  not apply to a
26    defendant who has a high school diploma or  has  successfully
27    passed  the GED test. This subsection (k) does not apply to a
28    defendant  who   is   determined   by   the   court   to   be
29    developmentally  disabled  or otherwise mentally incapable of
30    completing the educational or vocational program.
31        (l)   The court  shall  require  a  defendant  placed  on
32    supervision  for  possession of a substance prohibited by the
33    Cannabis Control Act or Illinois  Controlled  Substances  Act
34    after a previous conviction or disposition of supervision for
 
SB391 Engrossed             -25-               LRB9100332RCpc
 1    possession  of a substance prohibited by the Cannabis Control
 2    Act or Illinois Controlled Substances Act or  a  sentence  of
 3    probation  under  Section  10  of the Cannabis Control Act or
 4    Section 410 of the Illinois  Controlled  Substances  Act  and
 5    after  a finding by the court that the person is addicted, to
 6    undergo treatment at a substance abuse  program  approved  by
 7    the court.
 8        (m)  The  court  shall  require  a  defendant  placed  on
 9    supervision  for a violation of Section 3-707 of the Illinois
10    Vehicle Code or a similar provision of a local ordinance,  as
11    a  condition  of  supervision,  to  give  proof of his or her
12    financial responsibility as defined in Section 7-315  of  the
13    Illinois  Vehicle Code.  The proof shall be maintained by the
14    defendant in a manner satisfactory to the Secretary of  State
15    for  a minimum period of one year after the date the proof is
16    first filed.   The  Secretary  of  State  shall  suspend  the
17    driver's license of any person determined by the Secretary to
18    be in violation of this subsection.
19    (Source:  P.A.  89-198,  eff.  7-21-95; 89-203, eff. 7-21-95;
20    89-626,  eff.  8-9-96;  89-637,  eff.  1-1-97;  89-688,  eff.
21    6-1-97; 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 90-504, eff.
22    1-1-98; 90-655, eff. 7-30-98; 90-784, eff. 1-1-99.)

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