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92_SB0426 LRB9207679ARsb 1 AN ACT concerning firearms. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Firearm Owners Identification Card Act is 5 amended by changing Section 8.1 as follows: 6 (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1) 7 Sec. 8.1. The Circuit Clerk shall, in the form and manner 8 required by the Supreme Court, notify the Department of State 9 Police of all final dispositions of cases for which the 10 Department has received information reported to it under 11 Section 2.1 of the Criminal Identification Act. Upon 12 receiving notice from the circuit clerk that a person has 13 been convicted of a felony, if that person holds a Firearm 14 Owner's Identification Card, the Department of State Police 15 shall immediately revoke that person's Firearm Owner's 16 Identification Card as provided by Section 9 of this Act. 17 (Source: P.A. 87-905.) 18 Section 10. The Unified Code of Corrections is amended 19 by changing Sections 5-3-1, 5-3-2, 5-4-1, 5-5-3, 5-6-3, and 20 5-6-4 as follows: 21 (730 ILCS 5/5-3-1) (from Ch. 38, par. 1005-3-1) 22 Sec. 5-3-1. Presentence Investigation. A defendant shall 23 not be sentenced for a felony before a written presentence 24 report of investigation is presented to and considered by the 25 court. 26
However, the court need not order a presentence report of27 investigation where both parties agree to the imposition of a28 specific sentence, provided there is a finding made for the29 record as to the defendant's history of delinquency or-2- LRB9207679ARsb 1 criminality, including any previous sentence to a term of2 probation, periodic imprisonment, conditional discharge, or3 imprisonment.4 The court may order a presentence investigation of any 5 defendant. 6 (Source: P.A. 80-1099.) 7 (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2) 8 Sec. 5-3-2. Presentence Report. 9 (a) In felony cases, the presentence report shall set 10 forth: 11 (1) the defendant's history of delinquency or 12 criminality, physical and mental history and condition, 13 family situation and background, economic status, 14 education, occupation and personal habits; 15 (2) information about special resources within the 16 community which might be available to assist the 17 defendant's rehabilitation, including treatment centers, 18 residential facilities, vocational training services, 19 correctional manpower programs, employment opportunities, 20 special educational programs, alcohol and drug abuse 21 programming, psychiatric and marriage counseling, and 22 other programs and facilities which could aid the 23 defendant's successful reintegration into society; 24 (3) the effect the offense committed has had upon 25 the victim or victims thereof, and any compensatory 26 benefit that various sentencing alternatives would confer 27 on such victim or victims; 28 (4) information concerning the defendant's status 29 since arrest, including his record if released on his own 30 recognizance, or the defendant's achievement record if 31 released on a conditional pre-trial supervision program; 32 (5) when appropriate, a plan, based upon the 33 personal, economic and social adjustment needs of the -3- LRB9207679ARsb 1 defendant, utilizing public and private community 2 resources as an alternative to institutional sentencing; 3 (6) any other matters that the investigatory 4 officer deems relevant or the court directs to be 5 included; and6 (7) information concerning defendant's eligibility 7 for a sentence to a county impact incarceration program 8 under Section 5-8-1.2 of this Code; .9 (8) information obtained from any State or federal 10 agency or any other source, including the defendant, 11 concerning the defendant's possession of firearms; and 12 (9) whether the defendant has a Firearm Owner's 13 Identification Card. 14 (b) The investigation shall include a physical and 15 mental examination of the defendant when so ordered by the 16 court. If the court determines that such an examination 17 should be made, it shall issue an order that the defendant 18 submit to examination at such time and place as designated by 19 the court and that such examination be conducted by a 20 physician, psychologist or psychiatrist designated by the 21 court. Such an examination may be conducted in a court 22 clinic if so ordered by the court. The cost of such 23 examination shall be paid by the county in which the trial is 24 held. 25 (c) In misdemeanor, business offense or petty offense 26 cases, except as specified in subsection (d) of this Section, 27 when a presentence report has been ordered by the court, such 28 presentence report shall contain information on the 29 defendant's history of delinquency or criminality and shall 30 further contain only those matters listed in any of 31 paragraphs (1) through (6) of subsection (a) or in subsection 32 (b) of this Section as are specified by the court in its 33 order for the report. 34 (d) In cases under Section 12-15 and Section 12-30 of -4- LRB9207679ARsb 1 the Criminal Code of 1961, as amended, the presentence report 2 shall set forth information about alcohol, drug abuse, 3 psychiatric, and marriage counseling or other treatment 4 programs and facilities, information on the defendant's 5 history of delinquency or criminality, and shall contain 6 those additional matters listed in any of paragraphs (1) 7 through (6) of subsection (a) or in subsection (b) of this 8 Section as are specified by the court. 9 (e) Nothing in this Section shall cause the defendant to 10 be held without bail or to have his bail revoked for the 11 purpose of preparing the presentence report or making an 12 examination. 13 (Source: P.A. 89-587, eff. 7-31-96.) 14 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1) 15 Sec. 5-4-1. Sentencing Hearing. 16 (a) Except when the death penalty is sought under 17 hearing procedures otherwise specified, after a determination 18 of guilt, a hearing shall be held to impose the sentence. 19 However, prior to the imposition of sentence on an individual 20 being sentenced for an offense based upon a charge for a 21 violation of Section 11-501 of the Illinois Vehicle Code or a 22 similar provision of a local ordinance, the individual must 23 undergo a professional evaluation to determine if an alcohol 24 or other drug abuse problem exists and the extent of such a 25 problem. Programs conducting these evaluations shall be 26 licensed by the Department of Human Services. However, if 27 the individual is not a resident of Illinois, the court may, 28 in its discretion, accept an evaluation from a program in the 29 state of such individual's residence. The court may in its 30 sentencing order approve an eligible defendant for placement 31 in a Department of Corrections impact incarceration program 32 as provided in Section 5-8-1.1. At the hearing the court 33 shall: -5- LRB9207679ARsb 1 (1) consider the evidence, if any, received upon 2 the trial; 3 (2) consider any presentence reports; 4 (3) consider the financial impact of incarceration 5 based on the financial impact statement filed with the 6 clerk of the court by the Department of Corrections; 7 (4) consider evidence and information offered by 8 the parties in aggravation and mitigation; 9 (5) hear arguments as to sentencing alternatives; 10 (6) afford the defendant the opportunity to make a 11 statement in his own behalf; 12 (7) afford the victim of a violent crime or a 13 violation of Section 11-501 of the Illinois Vehicle Code, 14 or a similar provision of a local ordinance, or a 15 qualified individual affected by a violation of Section 16 405, 405.1, 405.2, or 407 of the Illinois Controlled 17 Substances Act, committed by the defendant the 18 opportunity to make a statement concerning the impact on 19 the victim and to offer evidence in aggravation or 20 mitigation; provided that the statement and evidence 21 offered in aggravation or mitigation must first be 22 prepared in writing in conjunction with the State's 23 Attorney before it may be presented orally at the 24 hearing. Any sworn testimony offered by the victim is 25 subject to the defendant's right to cross-examine. All 26 statements and evidence offered under this paragraph (7) 27 shall become part of the record of the court. For the 28 purpose of this paragraph (7), "qualified individual" 29 means any person who (i) lived or worked within the 30 territorial jurisdiction where the offense took place 31 when the offense took place; and (ii) is familiar with 32 various public places within the territorial jurisdiction 33 where the offense took place when the offense took place. 34 For the purposes of this paragraph (7), "qualified -6- LRB9207679ARsb 1 individual" includes any peace officer, or any member of 2 any duly organized State, county, or municipal peace unit 3 assigned to the territorial jurisdiction where the 4 offense took place when the offense took place; and5 (8) in cases of reckless homicide afford the 6 victim's spouse, guardians, parents or other immediate 7 family members an opportunity to make oral statements; 8 and .9 (9) question the defendant concerning his or her 10 possession of firearms and admonish the defendant that 11 possession of firearms by a person who has had his or her 12 Firearm Owner's Identification Card revoked for 13 conviction of a felony is a separate offense, punishable 14 as a Class 3 felony. 15 (b) All sentences shall be imposed by the judge based 16 upon his independent assessment of the elements specified 17 above and any agreement as to sentence reached by the 18 parties. The judge who presided at the trial or the judge 19 who accepted the plea of guilty shall impose the sentence 20 unless he is no longer sitting as a judge in that court. 21 Where the judge does not impose sentence at the same time on 22 all defendants who are convicted as a result of being 23 involved in the same offense, the defendant or the State's 24 Attorney may advise the sentencing court of the disposition 25 of any other defendants who have been sentenced. 26 (c) In imposing a sentence for a violent crime or for an 27 offense of operating or being in physical control of a 28 vehicle while under the influence of alcohol, any other drug 29 or any combination thereof, or a similar provision of a local 30 ordinance, when such offense resulted in the personal injury 31 to someone other than the defendant, the trial judge shall 32 specify on the record the particular evidence, information, 33 factors in mitigation and aggravation or other reasons that 34 led to his sentencing determination. The full verbatim record -7- LRB9207679ARsb 1 of the sentencing hearing shall be filed with the clerk of 2 the court and shall be a public record. 3 (c-1) In imposing a sentence for the offense of 4 aggravated kidnapping for ransom, home invasion, armed 5 robbery, aggravated vehicular hijacking, aggravated discharge 6 of a firearm, or armed violence with a category I weapon or 7 category II weapon, the trial judge shall make a finding as 8 to whether the conduct leading to conviction for the offense 9 resulted in great bodily harm to a victim, and shall enter 10 that finding and the basis for that finding in the record. 11 (c-2) If the defendant is sentenced to prison, other 12 than when a sentence of natural life imprisonment or a 13 sentence of death is imposed, at the time the sentence is 14 imposed the judge shall state on the record in open court the 15 approximate period of time the defendant will serve in 16 custody according to the then current statutory rules and 17 regulations for early release found in Section 3-6-3 and 18 other related provisions of this Code. This statement is 19 intended solely to inform the public, has no legal effect on 20 the defendant's actual release, and may not be relied on by 21 the defendant on appeal. 22 The judge's statement, to be given after pronouncing the 23 sentence, other than when the sentence is imposed for one of 24 the offenses enumerated in paragraph (a)(3) of Section 3-6-3, 25 shall include the following: 26 "The purpose of this statement is to inform the public of 27 the actual period of time this defendant is likely to spend 28 in prison as a result of this sentence. The actual period of 29 prison time served is determined by the statutes of Illinois 30 as applied to this sentence by the Illinois Department of 31 Corrections and the Illinois Prisoner Review Board. In this 32 case, assuming the defendant receives all of his or her good 33 conduct credit, the period of estimated actual custody is ... 34 years and ... months, less up to 180 days additional good -8- LRB9207679ARsb 1 conduct credit for meritorious service. If the defendant, 2 because of his or her own misconduct or failure to comply 3 with the institutional regulations, does not receive those 4 credits, the actual time served in prison will be longer. 5 The defendant may also receive an additional one-half day 6 good conduct credit for each day of participation in 7 vocational, industry, substance abuse, and educational 8 programs as provided for by Illinois statute." 9 When the sentence is imposed for one of the offenses 10 enumerated in paragraph (a)(3) of Section 3-6-3, other than 11 when the sentence is imposed for one of the offenses 12 enumerated in paragraph (a)(2) of Section 3-6-3 committed on 13 or after June 19, 1998, and other than when the sentence is 14 imposed for reckless homicide as defined in subsection (e) of 15 Section 9-3 of the Criminal Code of 1961 if the offense was 16 committed on or after January 1, 1999, the judge's statement, 17 to be given after pronouncing the sentence, shall include the 18 following: 19 "The purpose of this statement is to inform the public of 20 the actual period of time this defendant is likely to spend 21 in prison as a result of this sentence. The actual period of 22 prison time served is determined by the statutes of Illinois 23 as applied to this sentence by the Illinois Department of 24 Corrections and the Illinois Prisoner Review Board. In this 25 case, assuming the defendant receives all of his or her good 26 conduct credit, the period of estimated actual custody is ... 27 years and ... months, less up to 90 days additional good 28 conduct credit for meritorious service. If the defendant, 29 because of his or her own misconduct or failure to comply 30 with the institutional regulations, does not receive those 31 credits, the actual time served in prison will be longer. 32 The defendant may also receive an additional one-half day 33 good conduct credit for each day of participation in 34 vocational, industry, substance abuse, and educational -9- LRB9207679ARsb 1 programs as provided for by Illinois statute." 2 When the sentence is imposed for one of the offenses 3 enumerated in paragraph (a)(2) of Section 3-6-3, other than 4 first degree murder, and the offense was committed on or 5 after June 19, 1998, and when the sentence is imposed for 6 reckless homicide as defined in subsection (e) of Section 9-3 7 of the Criminal Code of 1961 if the offense was committed on 8 or after January 1, 1999, the judge's statement, to be given 9 after pronouncing the sentence, shall include the following: 10 "The purpose of this statement is to inform the public of 11 the actual period of time this defendant is likely to spend 12 in prison as a result of this sentence. The actual period of 13 prison time served is determined by the statutes of Illinois 14 as applied to this sentence by the Illinois Department of 15 Corrections and the Illinois Prisoner Review Board. In this 16 case, the defendant is entitled to no more than 4 1/2 days of 17 good conduct credit for each month of his or her sentence of 18 imprisonment. Therefore, this defendant will serve at least 19 85% of his or her sentence. Assuming the defendant receives 20 4 1/2 days credit for each month of his or her sentence, the 21 period of estimated actual custody is ... years and ... 22 months. If the defendant, because of his or her own 23 misconduct or failure to comply with the institutional 24 regulations receives lesser credit, the actual time served in 25 prison will be longer." 26 When a sentence of imprisonment is imposed for first 27 degree murder and the offense was committed on or after June 28 19, 1998, the judge's statement, to be given after 29 pronouncing the sentence, shall include the following: 30 "The purpose of this statement is to inform the public of 31 the actual period of time this defendant is likely to spend 32 in prison as a result of this sentence. The actual period of 33 prison time served is determined by the statutes of Illinois 34 as applied to this sentence by the Illinois Department of -10- LRB9207679ARsb 1 Corrections and the Illinois Prisoner Review Board. In this 2 case, the defendant is not entitled to good conduct credit. 3 Therefore, this defendant will serve 100% of his or her 4 sentence." 5 (d) When the defendant is committed to the Department of 6 Corrections, the State's Attorney shall and counsel for the 7 defendant may file a statement with the clerk of the court to 8 be transmitted to the department, agency or institution to 9 which the defendant is committed to furnish such department, 10 agency or institution with the facts and circumstances of the 11 offense for which the person was committed together with all 12 other factual information accessible to them in regard to the 13 person prior to his commitment relative to his habits, 14 associates, disposition and reputation and any other facts 15 and circumstances which may aid such department, agency or 16 institution during its custody of such person. The clerk 17 shall within 10 days after receiving any such statements 18 transmit a copy to such department, agency or institution and 19 a copy to the other party, provided, however, that this shall 20 not be cause for delay in conveying the person to the 21 department, agency or institution to which he has been 22 committed. 23 (e) The clerk of the court shall transmit to the 24 department, agency or institution, if any, to which the 25 defendant is committed, the following: 26 (1) the sentence imposed; 27 (2) any statement by the court of the basis for 28 imposing the sentence; 29 (3) any presentence reports; 30 (4) the number of days, if any, which the defendant 31 has been in custody and for which he is entitled to 32 credit against the sentence, which information shall be 33 provided to the clerk by the sheriff; 34 (4.1) any finding of great bodily harm made by the -11- LRB9207679ARsb 1 court with respect to an offense enumerated in subsection 2 (c-1); 3 (5) all statements filed under subsection (d) of 4 this Section; 5 (6) any medical or mental health records or 6 summaries of the defendant; 7 (7) the municipality where the arrest of the 8 offender or the commission of the offense has occurred, 9 where such municipality has a population of more than 10 25,000 persons; 11 (8) all statements made and evidence offered under 12 paragraph (7) of subsection (a) of this Section; and 13 (9) all additional matters which the court directs 14 the clerk to transmit. 15 (Source: P.A. 90-592, eff. 6-19-98; 90-593, eff. 6-19-98; 16 90-740, eff. 1-1-99; 91-357, eff. 7-29-99; 91-899, eff. 17 1-1-01.) 18 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3) 19 Sec. 5-5-3. Disposition. 20 (a) Every person convicted of an offense shall be 21 sentenced as provided in this Section. 22 (b) The following options shall be appropriate 23 dispositions, alone or in combination, for all felonies and 24 misdemeanors other than those identified in subsection (c) of 25 this Section: 26 (1) A period of probation. 27 (2) A term of periodic imprisonment. 28 (3) A term of conditional discharge. 29 (4) A term of imprisonment. 30 (5) An order directing the offender to clean up and 31 repair the damage, if the offender was convicted under 32 paragraph (h) of Section 21-1 of the Criminal Code of 33 1961. -12- LRB9207679ARsb 1 (6) A fine. 2 (7) An order directing the offender to make 3 restitution to the victim under Section 5-5-6 of this 4 Code. 5 (8) A sentence of participation in a county impact 6 incarceration program under Section 5-8-1.2 of this Code. 7 Whenever an individual is sentenced for an offense based 8 upon an arrest for a violation of Section 11-501 of the 9 Illinois Vehicle Code, or a similar provision of a local 10 ordinance, and the professional evaluation recommends 11 remedial or rehabilitative treatment or education, neither 12 the treatment nor the education shall be the sole disposition 13 and either or both may be imposed only in conjunction with 14 another disposition. The court shall monitor compliance with 15 any remedial education or treatment recommendations contained 16 in the professional evaluation. Programs conducting alcohol 17 or other drug evaluation or remedial education must be 18 licensed by the Department of Human Services. However, if 19 the individual is not a resident of Illinois, the court may 20 accept an alcohol or other drug evaluation or remedial 21 education program in the state of such individual's 22 residence. Programs providing treatment must be licensed 23 under existing applicable alcoholism and drug treatment 24 licensure standards. 25 In addition to any other fine or penalty required by law, 26 any individual convicted of a violation of Section 11-501 of 27 the Illinois Vehicle Code or a similar provision of local 28 ordinance, whose operation of a motor vehicle while in 29 violation of Section 11-501 or such ordinance proximately 30 caused an incident resulting in an appropriate emergency 31 response, shall be required to make restitution to a public 32 agency for the costs of that emergency response. Such 33 restitution shall not exceed $500 per public agency for each 34 such emergency response. For the purpose of this paragraph, -13- LRB9207679ARsb 1 emergency response shall mean any incident requiring a 2 response by: a police officer as defined under Section 1-162 3 of the Illinois Vehicle Code; a fireman carried on the rolls 4 of a regularly constituted fire department; and an ambulance 5 as defined under Section 4.05 of the Emergency Medical 6 Services (EMS) Systems Act. 7 Neither a fine nor restitution shall be the sole 8 disposition for a felony and either or both may be imposed 9 only in conjunction with another disposition. 10 (c) (1) When a defendant is found guilty of first degree 11 murder the State may either seek a sentence of 12 imprisonment under Section 5-8-1 of this Code, or where 13 appropriate seek a sentence of death under Section 9-1 of 14 the Criminal Code of 1961. 15 (2) A period of probation, a term of periodic 16 imprisonment or conditional discharge shall not be 17 imposed for the following offenses. The court shall 18 sentence the offender to not less than the minimum term 19 of imprisonment set forth in this Code for the following 20 offenses, and may order a fine or restitution or both in 21 conjunction with such term of imprisonment: 22 (A) First degree murder where the death 23 penalty is not imposed. 24 (B) Attempted first degree murder. 25 (C) A Class X felony. 26 (D) A violation of Section 401.1 or 407 of the 27 Illinois Controlled Substances Act, or a violation 28 of subdivision (c)(2) of Section 401 of that Act 29 which relates to more than 5 grams of a substance 30 containing cocaine or an analog thereof. 31 (E) A violation of Section 5.1 or 9 of the 32 Cannabis Control Act. 33 (F) A Class 2 or greater felony if the 34 offender had been convicted of a Class 2 or greater -14- LRB9207679ARsb 1 felony within 10 years of the date on which the 2 offender committed the offense for which he or she 3 is being sentenced, except as otherwise provided in 4 Section 40-10 of the Alcoholism and Other Drug Abuse 5 and Dependency Act. 6 (G) Residential burglary, except as otherwise 7 provided in Section 40-10 of the Alcoholism and 8 Other Drug Abuse and Dependency Act. 9 (H) Criminal sexual assault, except as 10 otherwise provided in subsection (e) of this 11 Section. 12 (I) Aggravated battery of a senior citizen. 13 (J) A forcible felony if the offense was 14 related to the activities of an organized gang. 15 Before July 1, 1994, for the purposes of this 16 paragraph, "organized gang" means an association of 17 5 or more persons, with an established hierarchy, 18 that encourages members of the association to 19 perpetrate crimes or provides support to the members 20 of the association who do commit crimes. 21 Beginning July 1, 1994, for the purposes of 22 this paragraph, "organized gang" has the meaning 23 ascribed to it in Section 10 of the Illinois 24 Streetgang Terrorism Omnibus Prevention Act. 25 (K) Vehicular hijacking. 26 (L) A second or subsequent conviction for the 27 offense of hate crime when the underlying offense 28 upon which the hate crime is based is felony 29 aggravated assault or felony mob action. 30 (M) A second or subsequent conviction for the 31 offense of institutional vandalism if the damage to 32 the property exceeds $300. 33 (N) A Class 3 felony violation of paragraph 34 (1) of subsection (a) of Section 2 of the Firearm -15- LRB9207679ARsb 1 Owners Identification Card Act. 2 (O) A violation of Section 12-6.1 of the 3 Criminal Code of 1961. 4 (P) A violation of paragraph (1), (2), (3), 5 (4), (5), or (7) of subsection (a) of Section 6 11-20.1 of the Criminal Code of 1961. 7 (Q) A violation of Section 20-1.2 of the 8 Criminal Code of 1961. 9 (R) A violation of Section 24-3A of the 10 Criminal Code of 1961. 11 (3) A minimum term of imprisonment of not less than 12 48 consecutive hours or 100 hours of community service as 13 may be determined by the court shall be imposed for a 14 second or subsequent violation committed within 5 years 15 of a previous violation of Section 11-501 of the Illinois 16 Vehicle Code or a similar provision of a local ordinance. 17 (4) A minimum term of imprisonment of not less than 18 7 consecutive days or 30 days of community service shall 19 be imposed for a violation of paragraph (c) of Section 20 6-303 of the Illinois Vehicle Code. 21 (4.1) A minimum term of 30 consecutive days of 22 imprisonment, 40 days of 24 hour periodic imprisonment or 23 720 hours of community service, as may be determined by 24 the court, shall be imposed for a violation of Section 25 11-501 of the Illinois Vehicle Code during a period in 26 which the defendant's driving privileges are revoked or 27 suspended, where the revocation or suspension was for a 28 violation of Section 11-501 or Section 11-501.1 of that 29 Code. 30 (5) The court may sentence an offender convicted of 31 a business offense or a petty offense or a corporation or 32 unincorporated association convicted of any offense to: 33 (A) a period of conditional discharge; 34 (B) a fine; -16- LRB9207679ARsb 1 (C) make restitution to the victim under 2 Section 5-5-6 of this Code. 3 (6) In no case shall an offender be eligible for a 4 disposition of probation or conditional discharge for a 5 Class 1 felony committed while he was serving a term of 6 probation or conditional discharge for a felony. 7 (7) When a defendant is adjudged a habitual 8 criminal under Article 33B of the Criminal Code of 1961, 9 the court shall sentence the defendant to a term of 10 natural life imprisonment. 11 (8) When a defendant, over the age of 21 years, is 12 convicted of a Class 1 or Class 2 felony, after having 13 twice been convicted of any Class 2 or greater Class 14 felonies in Illinois, and such charges are separately 15 brought and tried and arise out of different series of 16 acts, such defendant shall be sentenced as a Class X 17 offender. This paragraph shall not apply unless (1) the 18 first felony was committed after the effective date of 19 this amendatory Act of 1977; and (2) the second felony 20 was committed after conviction on the first; and (3) the 21 third felony was committed after conviction on the 22 second. 23 (9) A defendant convicted of a second or subsequent 24 offense of ritualized abuse of a child may be sentenced 25 to a term of natural life imprisonment. 26 (d) In any case in which a sentence originally imposed 27 is vacated, the case shall be remanded to the trial court. 28 The trial court shall hold a hearing under Section 5-4-1 of 29 the Unified Code of Corrections which may include evidence of 30 the defendant's life, moral character and occupation during 31 the time since the original sentence was passed. The trial 32 court shall then impose sentence upon the defendant. The 33 trial court may impose any sentence which could have been 34 imposed at the original trial subject to Section 5-5-4 of the -17- LRB9207679ARsb 1 Unified Code of Corrections. 2 (e) In cases where prosecution for criminal sexual 3 assault or aggravated criminal sexual abuse under Section 4 12-13 or 12-16 of the Criminal Code of 1961 results in 5 conviction of a defendant who was a family member of the 6 victim at the time of the commission of the offense, the 7 court shall consider the safety and welfare of the victim and 8 may impose a sentence of probation only where: 9 (1) the court finds (A) or (B) or both are 10 appropriate: 11 (A) the defendant is willing to undergo a 12 court approved counseling program for a minimum 13 duration of 2 years; or 14 (B) the defendant is willing to participate in 15 a court approved plan including but not limited to 16 the defendant's: 17 (i) removal from the household; 18 (ii) restricted contact with the victim; 19 (iii) continued financial support of the 20 family; 21 (iv) restitution for harm done to the 22 victim; and 23 (v) compliance with any other measures 24 that the court may deem appropriate; and 25 (2) the court orders the defendant to pay for the 26 victim's counseling services, to the extent that the 27 court finds, after considering the defendant's income and 28 assets, that the defendant is financially capable of 29 paying for such services, if the victim was under 18 30 years of age at the time the offense was committed and 31 requires counseling as a result of the offense. 32 Probation may be revoked or modified pursuant to Section 33 5-6-4; except where the court determines at the hearing that 34 the defendant violated a condition of his or her probation -18- LRB9207679ARsb 1 restricting contact with the victim or other family members 2 or commits another offense with the victim or other family 3 members, the court shall revoke the defendant's probation and 4 impose a term of imprisonment. 5 For the purposes of this Section, "family member" and 6 "victim" shall have the meanings ascribed to them in Section 7 12-12 of the Criminal Code of 1961. 8 (f) This Article shall not deprive a court in other 9 proceedings to order a forfeiture of property, to suspend or 10 cancel a license, to remove a person from office, or to 11 impose any other civil penalty. 12 (g) Whenever a defendant is convicted of an offense 13 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 14 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 15 12-15 or 12-16 of the Criminal Code of 1961, the defendant 16 shall undergo medical testing to determine whether the 17 defendant has any sexually transmissible disease, including a 18 test for infection with human immunodeficiency virus (HIV) or 19 any other identified causative agent of acquired 20 immunodeficiency syndrome (AIDS). Any such medical test 21 shall be performed only by appropriately licensed medical 22 practitioners and may include an analysis of any bodily 23 fluids as well as an examination of the defendant's person. 24 Except as otherwise provided by law, the results of such test 25 shall be kept strictly confidential by all medical personnel 26 involved in the testing and must be personally delivered in a 27 sealed envelope to the judge of the court in which the 28 conviction was entered for the judge's inspection in camera. 29 Acting in accordance with the best interests of the victim 30 and the public, the judge shall have the discretion to 31 determine to whom, if anyone, the results of the testing may 32 be revealed. The court shall notify the defendant of the test 33 results. The court shall also notify the victim if requested 34 by the victim, and if the victim is under the age of 15 and -19- LRB9207679ARsb 1 if requested by the victim's parents or legal guardian, the 2 court shall notify the victim's parents or legal guardian of 3 the test results. The court shall provide information on the 4 availability of HIV testing and counseling at Department of 5 Public Health facilities to all parties to whom the results 6 of the testing are revealed and shall direct the State's 7 Attorney to provide the information to the victim when 8 possible. A State's Attorney may petition the court to obtain 9 the results of any HIV test administered under this Section, 10 and the court shall grant the disclosure if the State's 11 Attorney shows it is relevant in order to prosecute a charge 12 of criminal transmission of HIV under Section 12-16.2 of the 13 Criminal Code of 1961 against the defendant. The court shall 14 order that the cost of any such test shall be paid by the 15 county and may be taxed as costs against the convicted 16 defendant. 17 (g-5) When an inmate is tested for an airborne 18 communicable disease, as determined by the Illinois 19 Department of Public Health including but not limited to 20 tuberculosis, the results of the test shall be personally 21 delivered by the warden or his or her designee in a sealed 22 envelope to the judge of the court in which the inmate must 23 appear for the judge's inspection in camera if requested by 24 the judge. Acting in accordance with the best interests of 25 those in the courtroom, the judge shall have the discretion 26 to determine what if any precautions need to be taken to 27 prevent transmission of the disease in the courtroom. 28 (h) Whenever a defendant is convicted of an offense 29 under Section 1 or 2 of the Hypodermic Syringes and Needles 30 Act, the defendant shall undergo medical testing to determine 31 whether the defendant has been exposed to human 32 immunodeficiency virus (HIV) or any other identified 33 causative agent of acquired immunodeficiency syndrome (AIDS). 34 Except as otherwise provided by law, the results of such test -20- LRB9207679ARsb 1 shall be kept strictly confidential by all medical personnel 2 involved in the testing and must be personally delivered in a 3 sealed envelope to the judge of the court in which the 4 conviction was entered for the judge's inspection in camera. 5 Acting in accordance with the best interests of the public, 6 the judge shall have the discretion to determine to whom, if 7 anyone, the results of the testing may be revealed. The court 8 shall notify the defendant of a positive test showing an 9 infection with the human immunodeficiency virus (HIV). The 10 court shall provide information on the availability of HIV 11 testing and counseling at Department of Public Health 12 facilities to all parties to whom the results of the testing 13 are revealed and shall direct the State's Attorney to provide 14 the information to the victim when possible. A State's 15 Attorney may petition the court to obtain the results of any 16 HIV test administered under this Section, and the court 17 shall grant the disclosure if the State's Attorney shows it 18 is relevant in order to prosecute a charge of criminal 19 transmission of HIV under Section 12-16.2 of the Criminal 20 Code of 1961 against the defendant. The court shall order 21 that the cost of any such test shall be paid by the county 22 and may be taxed as costs against the convicted defendant. 23 (i) All fines and penalties imposed under this Section 24 for any violation of Chapters 3, 4, 6, and 11 of the Illinois 25 Vehicle Code, or a similar provision of a local ordinance, 26 and any violation of the Child Passenger Protection Act, or a 27 similar provision of a local ordinance, shall be collected 28 and disbursed by the circuit clerk as provided under Section 29 27.5 of the Clerks of Courts Act. 30 (j) In cases when prosecution for any violation of 31 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 32 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 33 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 34 12-16 of the Criminal Code of 1961, any violation of the -21- LRB9207679ARsb 1 Illinois Controlled Substances Act, or any violation of the 2 Cannabis Control Act results in conviction, a disposition of 3 court supervision, or an order of probation granted under 4 Section 10 of the Cannabis Control Act or Section 410 of the 5 Illinois Controlled Substance Act of a defendant, the court 6 shall determine whether the defendant is employed by a 7 facility or center as defined under the Child Care Act of 8 1969, a public or private elementary or secondary school, or 9 otherwise works with children under 18 years of age on a 10 daily basis. When a defendant is so employed, the court 11 shall order the Clerk of the Court to send a copy of the 12 judgment of conviction or order of supervision or probation 13 to the defendant's employer by certified mail. If the 14 employer of the defendant is a school, the Clerk of the Court 15 shall direct the mailing of a copy of the judgment of 16 conviction or order of supervision or probation to the 17 appropriate regional superintendent of schools. The regional 18 superintendent of schools shall notify the State Board of 19 Education of any notification under this subsection. 20 (j-5) A defendant at least 17 years of age who is 21 convicted of a felony and who has not been previously 22 convicted of a misdemeanor or felony and who is sentenced to 23 a term of imprisonment in the Illinois Department of 24 Corrections shall as a condition of his or her sentence be 25 required by the court to attend educational courses designed 26 to prepare the defendant for a high school diploma and to 27 work toward a high school diploma or to work toward passing 28 the high school level Test of General Educational Development 29 (GED) or to work toward completing a vocational training 30 program offered by the Department of Corrections. If a 31 defendant fails to complete the educational training required 32 by his or her sentence during the term of incarceration, the 33 Prisoner Review Board shall, as a condition of mandatory 34 supervised release, require the defendant, at his or her own -22- LRB9207679ARsb 1 expense, to pursue a course of study toward a high school 2 diploma or passage of the GED test. The Prisoner Review 3 Board shall revoke the mandatory supervised release of a 4 defendant who wilfully fails to comply with this subsection 5 (j-5) upon his or her release from confinement in a penal 6 institution while serving a mandatory supervised release 7 term; however, the inability of the defendant after making a 8 good faith effort to obtain financial aid or pay for the 9 educational training shall not be deemed a wilful failure to 10 comply. The Prisoner Review Board shall recommit the 11 defendant whose mandatory supervised release term has been 12 revoked under this subsection (j-5) as provided in Section 13 3-3-9. This subsection (j-5) does not apply to a defendant 14 who has a high school diploma or has successfully passed the 15 GED test. This subsection (j-5) does not apply to a defendant 16 who is determined by the court to be developmentally disabled 17 or otherwise mentally incapable of completing the educational 18 or vocational program. 19 (k) A court may not impose a sentence or disposition for 20 a felony or misdemeanor that requires the defendant to be 21 implanted or injected with or to use any form of birth 22 control. 23 (l) (A) Except as provided in paragraph (C) of 24 subsection (l), whenever a defendant, who is an alien as 25 defined by the Immigration and Nationality Act, is 26 convicted of any felony or misdemeanor offense, the court 27 after sentencing the defendant may, upon motion of the 28 State's Attorney, hold sentence in abeyance and remand 29 the defendant to the custody of the Attorney General of 30 the United States or his or her designated agent to be 31 deported when: 32 (1) a final order of deportation has been 33 issued against the defendant pursuant to proceedings 34 under the Immigration and Nationality Act, and -23- LRB9207679ARsb 1 (2) the deportation of the defendant would not 2 deprecate the seriousness of the defendant's conduct 3 and would not be inconsistent with the ends of 4 justice. 5 Otherwise, the defendant shall be sentenced as 6 provided in this Chapter V. 7 (B) If the defendant has already been sentenced for 8 a felony or misdemeanor offense, or has been placed on 9 probation under Section 10 of the Cannabis Control Act or 10 Section 410 of the Illinois Controlled Substances Act, 11 the court may, upon motion of the State's Attorney to 12 suspend the sentence imposed, commit the defendant to the 13 custody of the Attorney General of the United States or 14 his or her designated agent when: 15 (1) a final order of deportation has been 16 issued against the defendant pursuant to proceedings 17 under the Immigration and Nationality Act, and 18 (2) the deportation of the defendant would not 19 deprecate the seriousness of the defendant's conduct 20 and would not be inconsistent with the ends of 21 justice. 22 (C) This subsection (l) does not apply to offenders 23 who are subject to the provisions of paragraph (2) of 24 subsection (a) of Section 3-6-3. 25 (D) Upon motion of the State's Attorney, if a 26 defendant sentenced under this Section returns to the 27 jurisdiction of the United States, the defendant shall be 28 recommitted to the custody of the county from which he or 29 she was sentenced. Thereafter, the defendant shall be 30 brought before the sentencing court, which may impose any 31 sentence that was available under Section 5-5-3 at the 32 time of initial sentencing. In addition, the defendant 33 shall not be eligible for additional good conduct credit 34 for meritorious service as provided under Section 3-6-6. -24- LRB9207679ARsb 1 (m) A person convicted of criminal defacement of 2 property under Section 21-1.3 of the Criminal Code of 1961, 3 in which the property damage exceeds $300 and the property 4 damaged is a school building, shall be ordered to perform 5 community service that may include cleanup, removal, or 6 painting over the defacement. 7 (n) As part of a sentence for a defendant convicted of 8 any felony, the defendant must be ordered to surrender any 9 firearms in his possession and to mail his or her Firearm 10 Owner's Identification Card to the Department of State 11 Police, postmarked no later than 24 hours after the date of 12 sentencing. 13 (o) Upon conviction of a felony, the clerk of the 14 circuit court shall, within 24 hours of the date of 15 conviction, notify the Department of State Police of the 16 conviction. 17 (p) For any defendant convicted of a felony, a law 18 enforcement agency may, without the defendant's consent, 19 search the defendant's person, residence or other real or 20 personal property and seize any firearms found. 21 (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680, 22 eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98; 23 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 91-663, eff. 24 12-22-99; 91-695, eff. 4-13-00.) 25 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) 26 Sec. 5-6-3. Conditions of Probation and of Conditional 27 Discharge. 28 (a) The conditions of probation and of conditional 29 discharge shall be that the person: 30 (1) not violate any criminal statute of any 31 jurisdiction; 32 (2) report to or appear in person before such 33 person or agency as directed by the court; -25- LRB9207679ARsb 1 (3) refrain from possessing a firearm or other 2 dangerous weapon; 3 (4) not leave the State without the consent of the 4 court or, in circumstances in which the reason for the 5 absence is of such an emergency nature that prior consent 6 by the court is not possible, without the prior 7 notification and approval of the person's probation 8 officer; 9 (5) permit the probation officer to visit him at 10 his home or elsewhere to the extent necessary to 11 discharge his duties; 12 (6) perform no less than 30 hours of community 13 service and not more than 120 hours of community service, 14 if community service is available in the jurisdiction and 15 is funded and approved by the county board where the 16 offense was committed, where the offense was related to 17 or in furtherance of the criminal activities of an 18 organized gang and was motivated by the offender's 19 membership in or allegiance to an organized gang. The 20 community service shall include, but not be limited to, 21 the cleanup and repair of any damage caused by a 22 violation of Section 21-1.3 of the Criminal Code of 1961 23 and similar damage to property located within the 24 municipality or county in which the violation occurred. 25 When possible and reasonable, the community service 26 should be performed in the offender's neighborhood. For 27 purposes of this Section, "organized gang" has the 28 meaning ascribed to it in Section 10 of the Illinois 29 Streetgang Terrorism Omnibus Prevention Act; 30 (7) if he or she is at least 17 years of age and 31 has been sentenced to probation or conditional discharge 32 for a misdemeanor or felony in a county of 3,000,000 or 33 more inhabitants and has not been previously convicted of 34 a misdemeanor or felony, may be required by the -26- LRB9207679ARsb 1 sentencing court to attend educational courses designed 2 to prepare the defendant for a high school diploma and to 3 work toward a high school diploma or to work toward 4 passing the high school level Test of General Educational 5 Development (GED) or to work toward completing a 6 vocational training program approved by the court. The 7 person on probation or conditional discharge must attend 8 a public institution of education to obtain the 9 educational or vocational training required by this 10 clause (7). The court shall revoke the probation or 11 conditional discharge of a person who wilfully fails to 12 comply with this clause (7). The person on probation or 13 conditional discharge shall be required to pay for the 14 cost of the educational courses or GED test, if a fee is 15 charged for those courses or test. The court shall 16 resentence the offender whose probation or conditional 17 discharge has been revoked as provided in Section 5-6-4. 18 This clause (7) does not apply to a person who has a high 19 school diploma or has successfully passed the GED test. 20 This clause (7) does not apply to a person who is 21 determined by the court to be developmentally disabled or 22 otherwise mentally incapable of completing the 23 educational or vocational program; and24 (8) if convicted of possession of a substance 25 prohibited by the Cannabis Control Act or Illinois 26 Controlled Substances Act after a previous conviction or 27 disposition of supervision for possession of a substance 28 prohibited by the Cannabis Control Act or Illinois 29 Controlled Substances Act or after a sentence of 30 probation under Section 10 of the Cannabis Control Act or 31 Section 410 of the Illinois Controlled Substances Act and 32 upon a finding by the court that the person is addicted, 33 undergo treatment at a substance abuse program approved 34 by the court; .-27- LRB9207679ARsb 1 (9) surrender any weapons in his or her possession 2 and mail his or her Firearm Owner's Identification Card 3 to the Department of State Police, as provided by 4 subsection (n) of Section 5-5-3; and 5 (10) Allow a law enforcement officer to search his 6 person, residence, or other real or personal property for 7 any firearms. 8 (b) The Court may in addition to other reasonable 9 conditions relating to the nature of the offense or the 10 rehabilitation of the defendant as determined for each 11 defendant in the proper discretion of the Court require that 12 the person: 13 (1) serve a term of periodic imprisonment under 14 Article 7 for a period not to exceed that specified in 15 paragraph (d) of Section 5-7-1; 16 (2) pay a fine and costs; 17 (3) work or pursue a course of study or vocational 18 training; 19 (4) undergo medical, psychological or psychiatric 20 treatment; or treatment for drug addiction or alcoholism; 21 (5) attend or reside in a facility established for 22 the instruction or residence of defendants on probation; 23 (6) support his dependents; 24 (7) and in addition, if a minor: 25 (i) reside with his parents or in a foster 26 home; 27 (ii) attend school; 28 (iii) attend a non-residential program for 29 youth; 30 (iv) contribute to his own support at home or 31 in a foster home; 32 (8) make restitution as provided in Section 5-5-6 33 of this Code; 34 (9) perform some reasonable public or community -28- LRB9207679ARsb 1 service; 2 (10) serve a term of home confinement. In addition 3 to any other applicable condition of probation or 4 conditional discharge, the conditions of home confinement 5 shall be that the offender: 6 (i) remain within the interior premises of the 7 place designated for his confinement during the 8 hours designated by the court; 9 (ii) admit any person or agent designated by 10 the court into the offender's place of confinement 11 at any time for purposes of verifying the offender's 12 compliance with the conditions of his confinement; 13 and 14 (iii) if further deemed necessary by the court 15 or the Probation or Court Services Department, be 16 placed on an approved electronic monitoring device, 17 subject to Article 8A of Chapter V; 18 (iv) for persons convicted of any alcohol, 19 cannabis or controlled substance violation who are 20 placed on an approved monitoring device as a 21 condition of probation or conditional discharge, the 22 court shall impose a reasonable fee for each day of 23 the use of the device, as established by the county 24 board in subsection (g) of this Section, unless 25 after determining the inability of the offender to 26 pay the fee, the court assesses a lesser fee or no 27 fee as the case may be. This fee shall be imposed in 28 addition to the fees imposed under subsections (g) 29 and (i) of this Section. The fee shall be collected 30 by the clerk of the circuit court. The clerk of the 31 circuit court shall pay all monies collected from 32 this fee to the county treasurer for deposit in the 33 substance abuse services fund under Section 5-1086.1 34 of the Counties Code; and -29- LRB9207679ARsb 1 (v) for persons convicted of offenses other 2 than those referenced in clause (iv) above and who 3 are placed on an approved monitoring device as a 4 condition of probation or conditional discharge, the 5 court shall impose a reasonable fee for each day of 6 the use of the device, as established by the county 7 board in subsection (g) of this Section, unless 8 after determining the inability of the defendant to 9 pay the fee, the court assesses a lesser fee or no 10 fee as the case may be. This fee shall be imposed 11 in addition to the fees imposed under subsections 12 (g) and (i) of this Section. The fee shall be 13 collected by the clerk of the circuit court. The 14 clerk of the circuit court shall pay all monies 15 collected from this fee to the county treasurer who 16 shall use the monies collected to defray the costs 17 of corrections. The county treasurer shall deposit 18 the fee collected in the county working cash fund 19 under Section 6-27001 or Section 6-29002 of the 20 Counties Code, as the case may be. 21 (11) comply with the terms and conditions of an 22 order of protection issued by the court pursuant to the 23 Illinois Domestic Violence Act of 1986, as now or 24 hereafter amended, or an order of protection issued by 25 the court of another state, tribe, or United States 26 territory. A copy of the order of protection shall be 27 transmitted to the probation officer or agency having 28 responsibility for the case; 29 (12) reimburse any "local anti-crime program" as 30 defined in Section 7 of the Anti-Crime Advisory Council 31 Act for any reasonable expenses incurred by the program 32 on the offender's case, not to exceed the maximum amount 33 of the fine authorized for the offense for which the 34 defendant was sentenced; -30- LRB9207679ARsb 1 (13) contribute a reasonable sum of money, not to 2 exceed the maximum amount of the fine authorized for the 3 offense for which the defendant was sentenced, to a 4 "local anti-crime program", as defined in Section 7 of 5 the Anti-Crime Advisory Council Act; 6 (14) refrain from entering into a designated 7 geographic area except upon such terms as the court finds 8 appropriate. Such terms may include consideration of the 9 purpose of the entry, the time of day, other persons 10 accompanying the defendant, and advance approval by a 11 probation officer, if the defendant has been placed on 12 probation or advance approval by the court, if the 13 defendant was placed on conditional discharge; 14 (15) refrain from having any contact, directly or 15 indirectly, with certain specified persons or particular 16 types of persons, including but not limited to members of 17 street gangs and drug users or dealers; 18 (16) refrain from having in his or her body the 19 presence of any illicit drug prohibited by the Cannabis 20 Control Act or the Illinois Controlled Substances Act, 21 unless prescribed by a physician, and submit samples of 22 his or her blood or urine or both for tests to determine 23 the presence of any illicit drug. 24 (c) The court may as a condition of probation or of 25 conditional discharge require that a person under 18 years of 26 age found guilty of any alcohol, cannabis or controlled 27 substance violation, refrain from acquiring a driver's 28 license during the period of probation or conditional 29 discharge. If such person is in possession of a permit or 30 license, the court may require that the minor refrain from 31 driving or operating any motor vehicle during the period of 32 probation or conditional discharge, except as may be 33 necessary in the course of the minor's lawful employment. 34 (d) An offender sentenced to probation or to conditional -31- LRB9207679ARsb 1 discharge shall be given a certificate setting forth the 2 conditions thereof. 3 (e) The court shall not require as a condition of the 4 sentence of probation or conditional discharge that the 5 offender be committed to a period of imprisonment in excess 6 of 6 months. This 6 month limit shall not include periods of 7 confinement given pursuant to a sentence of county impact 8 incarceration under Section 5-8-1.2. 9 Persons committed to imprisonment as a condition of 10 probation or conditional discharge shall not be committed to 11 the Department of Corrections. 12 (f) The court may combine a sentence of periodic 13 imprisonment under Article 7 or a sentence to a county impact 14 incarceration program under Article 8 with a sentence of 15 probation or conditional discharge. 16 (g) An offender sentenced to probation or to conditional 17 discharge and who during the term of either undergoes 18 mandatory drug or alcohol testing, or both, or is assigned to 19 be placed on an approved electronic monitoring device, shall 20 be ordered to pay all costs incidental to such mandatory drug 21 or alcohol testing, or both, and all costs incidental to such 22 approved electronic monitoring in accordance with the 23 defendant's ability to pay those costs. The county board 24 with the concurrence of the Chief Judge of the judicial 25 circuit in which the county is located shall establish 26 reasonable fees for the cost of maintenance, testing, and 27 incidental expenses related to the mandatory drug or alcohol 28 testing, or both, and all costs incidental to approved 29 electronic monitoring, involved in a successful probation 30 program for the county. The concurrence of the Chief Judge 31 shall be in the form of an administrative order. The fees 32 shall be collected by the clerk of the circuit court. The 33 clerk of the circuit court shall pay all moneys collected 34 from these fees to the county treasurer who shall use the -32- LRB9207679ARsb 1 moneys collected to defray the costs of drug testing, alcohol 2 testing, and electronic monitoring. The county treasurer 3 shall deposit the fees collected in the county working cash 4 fund under Section 6-27001 or Section 6-29002 of the Counties 5 Code, as the case may be. 6 (h) Jurisdiction over an offender may be transferred 7 from the sentencing court to the court of another circuit 8 with the concurrence of both courts, or to another state 9 under an Interstate Probation Reciprocal Agreement as 10 provided in Section 3-3-11. Further transfers or retransfers 11 of jurisdiction are also authorized in the same manner. The 12 court to which jurisdiction has been transferred shall have 13 the same powers as the sentencing court. 14 (i) The court shall impose upon an offender sentenced to 15 probation after January 1, 1989 or to conditional discharge 16 after January 1, 1992, as a condition of such probation or 17 conditional discharge, a fee of $25 for each month of 18 probation or conditional discharge supervision ordered by the 19 court, unless after determining the inability of the person 20 sentenced to probation or conditional discharge to pay the 21 fee, the court assesses a lesser fee. The court may not 22 impose the fee on a minor who is made a ward of the State 23 under the Juvenile Court Act of 1987 while the minor is in 24 placement. The fee shall be imposed only upon an offender who 25 is actively supervised by the probation and court services 26 department. The fee shall be collected by the clerk of the 27 circuit court. The clerk of the circuit court shall pay all 28 monies collected from this fee to the county treasurer for 29 deposit in the probation and court services fund under 30 Section 15.1 of the Probation and Probation Officers Act. 31 (j) All fines and costs imposed under this Section for 32 any violation of Chapters 3, 4, 6, and 11 of the Illinois 33 Vehicle Code, or a similar provision of a local ordinance, 34 and any violation of the Child Passenger Protection Act, or a -33- LRB9207679ARsb 1 similar provision of a local ordinance, shall be collected 2 and disbursed by the circuit clerk as provided under Section 3 27.5 of the Clerks of Courts Act. 4 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 5 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 91-325, eff. 6 7-29-99; 91-696, eff. 4-13-00; 91-903, eff. 1-1-01.) 7 (730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4) 8 Sec. 5-6-4. Violation, Modification or Revocation of 9 Probation, of Conditional Discharge or Supervision or of a 10 sentence of county impact incarceration - Hearing. 11 (a) Except in cases where conditional discharge or 12 supervision was imposed for a petty offense as defined in 13 Section 5-1-17, when a petition is filed charging a violation 14 of a condition, the court may: 15 (1) in the case of probation violations, order the 16 issuance of a notice to the offender to be present by the 17 County Probation Department or such other agency 18 designated by the court to handle probation matters; and 19 in the case of conditional discharge or supervision 20 violations, such notice to the offender shall be issued 21 by the Circuit Court Clerk; and in the case of a 22 violation of a sentence of county impact incarceration, 23 such notice shall be issued by the Sheriff; 24 (2) order a summons to the offender to be present 25 for hearing; or 26 (3) order a warrant for the offender's arrest where 27 there is danger of his fleeing the jurisdiction or 28 causing serious harm to others or when the offender fails 29 to answer a summons or notice from the clerk of the court 30 or Sheriff. 31 Personal service of the petition for violation of 32 probation or the issuance of such warrant, summons or notice 33 shall toll the period of probation, conditional discharge, -34- LRB9207679ARsb 1 supervision, or sentence of county impact incarceration until 2 the final determination of the charge, and the term of 3 probation, conditional discharge, supervision, or sentence of 4 county impact incarceration shall not run until the hearing 5 and disposition of the petition for violation. 6 (b) The court shall conduct a hearing of the alleged 7 violation. The court shall admit the offender to bail pending 8 the hearing unless the alleged violation is itself a criminal 9 offense in which case the offender shall be admitted to bail 10 on such terms as are provided in the Code of Criminal 11 Procedure of 1963, as amended. In any case where an offender 12 remains incarcerated only as a result of his alleged 13 violation of the court's earlier order of probation, 14 supervision, conditional discharge, or county impact 15 incarceration such hearing shall be held within 14 days of 16 the onset of said incarceration, unless the alleged violation 17 is the commission of another offense by the offender during 18 the period of probation, supervision or conditional discharge 19 in which case such hearing shall be held within the time 20 limits described in Section 103-5 of the Code of Criminal 21 Procedure of 1963, as amended. 22 (c) The State has the burden of going forward with the 23 evidence and proving the violation by the preponderance of 24 the evidence. The evidence shall be presented in open court 25 with the right of confrontation, cross-examination, and 26 representation by counsel. 27 (d) Probation, conditional discharge, periodic 28 imprisonment and supervision shall not be revoked for failure 29 to comply with conditions of a sentence or supervision, which 30 imposes financial obligations upon the offender unless such 31 failure is due to his willful refusal to pay. 32 (d-5) Probation, conditional discharge, or periodic 33 imprisonment imposed for a felony offense shall be revoked if 34 the defendant possesses any firearm. -35- LRB9207679ARsb 1 (e) If the court finds that the offender has violated a 2 condition at any time prior to the expiration or termination 3 of the period, it may continue him on the existing sentence, 4 with or without modifying or enlarging the conditions, or may 5 impose any other sentence that was available under Section 6 5-5-3 at the time of initial sentencing. If the court finds 7 that the person has failed to successfully complete his or 8 her sentence to a county impact incarceration program, the 9 court may impose any other sentence that was available under 10 Section 5-5-3 at the time of initial sentencing, except for a 11 sentence of probation or conditional discharge. 12 (f) The conditions of probation, of conditional 13 discharge, of supervision, or of a sentence of county impact 14 incarceration may be modified by the court on motion of the 15 supervising agency or on its own motion or at the request of 16 the offender after notice and a hearing. 17 (g) A judgment revoking supervision, probation, 18 conditional discharge, or a sentence of county impact 19 incarceration is a final appealable order. 20 (h) Resentencing after revocation of probation, 21 conditional discharge, supervision, or a sentence of county 22 impact incarceration shall be under Article 4. Time served on 23 probation, conditional discharge or supervision shall not be 24 credited by the court against a sentence of imprisonment or 25 periodic imprisonment unless the court orders otherwise. 26 (i) Instead of filing a violation of probation, 27 conditional discharge, supervision, or a sentence of county 28 impact incarceration, an agent or employee of the supervising 29 agency with the concurrence of his or her supervisor may 30 serve on the defendant a Notice of Intermediate Sanctions. 31 The Notice shall contain the technical violation or 32 violations involved, the date or dates of the violation or 33 violations, and the intermediate sanctions to be imposed. 34 Upon receipt of the Notice, the defendant shall immediately -36- LRB9207679ARsb 1 accept or reject the intermediate sanctions. If the 2 sanctions are accepted, they shall be imposed immediately. 3 If the intermediate sanctions are rejected or the defendant 4 does not respond to the Notice, a violation of probation, 5 conditional discharge, supervision, or a sentence of county 6 impact incarceration shall be immediately filed with the 7 court. The State's Attorney and the sentencing court shall 8 be notified of the Notice of Sanctions. Upon successful 9 completion of the intermediate sanctions, a court may not 10 revoke probation, conditional discharge, supervision, or a 11 sentence of county impact incarceration or impose additional 12 sanctions for the same violation. A notice of intermediate 13 sanctions may not be issued for any violation of probation, 14 conditional discharge, supervision, or a sentence of county 15 impact incarceration which could warrant an additional, 16 separate felony charge. The intermediate sanctions shall 17 include a term of home detention as provided in Article 8A of 18 Chapter V of this Code for multiple or repeat violations of 19 the terms and conditions of a sentence of probation, 20 conditional discharge, or supervision. 21 (Source: P.A. 89-198, eff. 7-21-95; 89-587, eff. 7-31-96; 22 89-647, eff. 1-1-97; 90-14, eff. 7-1-97.) 23 Section 99. Effective date. This Act takes effect upon 24 becoming law.
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