Public Act 93-0616

HB3556 Enrolled                      LRB093 10381 AMC 10635 b

    AN ACT in relation to sex offenders.

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

    Section 5.  The Sex  Offender  Management  Board  Act  is
amended  by  changing  Sections 10 and 15 and adding Sections
16, 17, 18, and 19 as follows:

    (20 ILCS 4026/10)
    Sec. 10.  Definitions.  In this Act, unless  the  context
otherwise requires:
    (a)  "Board"  means  the  Sex  Offender  Management Board
created in Section 15.
    (b)  "Sex offender" means any person who is convicted  or
found  delinquent  in  the  State  of  Illinois, or under any
substantially similar federal law or law of another state, of
any sex offense or attempt of a sex  offense  as  defined  in
subsection (c) of this Section, or any former statute of this
State  that  defined  a  felony  sex offense, or who has been
certified as a sexually dangerous person under  the  Sexually
Dangerous  Persons  Act or declared a sexually violent person
under the Sexually Violent Persons  Commitment  Act,  or  any
substantially similar federal law or law of another state.
    (c)  "Sex   offense"  means  any  felony  or  misdemeanor
offense described in this subsection (c) as follows:
         (1)  Indecent solicitation of a child, in  violation
    of Section 11-6 of the Criminal Code of 1961;
         (2)  Indecent solicitation of an adult, in violation
    of Section 11-6.5 of the Criminal Code of 1961;
         (3)  Public  indecency, in violation of Section 11-9
    of the Criminal Code of 1961;
         (4)  Sexual exploitation of a child, in violation of
    Section 11-9.1 of the Criminal Code of 1961;
         (5)  Sexual relations within families, in  violation
    of Section 11-11 of the Criminal Code of 1961;
         (6)  Soliciting   for   a  juvenile  prostitute,  in
    violation of Section 11-15.1  of  the  Criminal  Code  of
    1961;
         (7)  Keeping  a  place  of juvenile prostitution, in
    violation of Section 11-17.1  of  the  Criminal  Code  of
    1961;
         (8)  Patronizing a juvenile prostitute, in violation
    of Section 11-18.1 of the Criminal Code of 1961;
         (9)  Juvenile   pimping,  in  violation  of  Section
    11-19.1 of the Criminal Code of 1961;
         (10)  Exploitation  of  a  child,  in  violation  of
    Section 11-19.2 of the Criminal Code of 1961;
         (11)  Child pornography,  in  violation  of  Section
    11-20.1 of the Criminal Code of 1961;
         (12)  Harmful  material,  in  violation  of  Section
    11-21 of the Criminal Code of 1961;
         (13)  Criminal   sexual  assault,  in  violation  of
    Section 12-13 of the Criminal Code of 1961;
         (14)  Aggravated   criminal   sexual   assault,   in
    violation of Section 12-14 of the Criminal Code of 1961;
         (15)  Predatory criminal sexual assault of a  child,
    in  violation  of Section 12-14.1 of the Criminal Code of
    1961;
         (16)  Criminal sexual abuse, in violation of Section
    12-15 of the Criminal Code of 1961;
         (17)  Aggravated criminal sexual abuse, in violation
    of Section 12-16 of the Criminal Code of 1961;
         (18)  Ritualized abuse of a child, in  violation  of
    Section 12-33 of the Criminal Code of 1961;
         (19)  An  attempt  to  commit  any  of  the offenses
    enumerated in this subsection (c); or.
         (20)  Any felony offense under Illinois law that  is
    sexually motivated.
    (d)  "Management"   means   counseling,  monitoring,  and
supervision  of  any  sex  offender  that  conforms  to   the
standards created by the Board under Section 15.
    (e)  "Sexually  motivated" means one or more of the facts
of the underlying offense indicates  conduct  that  is  of  a
sexual  nature  or that shows an intent to engage in behavior
of a sexual nature.
(Source: P.A. 90-133, eff. 7-22-97; 90-793, eff. 8-14-98.)

    (20 ILCS 4026/15)
    Sec.  15.  Sex  Offender  Management   Board;   creation;
duties.
    (a)  There  is created the Sex Offender Management Board,
which shall consist of 24 20 members.  The membership of  the
Board shall consist of the following persons:
         (1)  Two   members   appointed   by   the   Governor
    representing  the  judiciary,  one  representing juvenile
    court matters and one representing adult  criminal  court
    matters;
         (2)  One    member   appointed   by   the   Governor
    representing Probation Services;
         (3)  One   member   appointed   by   the    Governor
    representing the Department of Corrections;
         (4)  One    member   appointed   by   the   Governor
    representing the Department of Human Services;
         (5)  One   member   appointed   by   the    Governor
    representing the Illinois State Police;
         (6)  One    member   appointed   by   the   Governor
    representing  the  Department  of  Children  and   Family
    Services;
         (7)  One  member  appointed  by the Attorney General
    representing the Office of the Attorney General;
         (8)  Two members appointed by the  Attorney  General
    who   are   licensed  mental  health  professionals  with
    documented expertise in the treatment of sex offenders;
         (9)  Two members appointed by the  Attorney  General
    who are State's Attorneys or assistant State's Attorneys,
    one   representing   juvenile   court   matters  and  one
    representing felony court matters;
         (10)  One  member  being  the  Cook  County  State's
    Attorney or his or her designee;
         (11)  One member being the Director of  the  State's
    Attorneys Appellate Prosecutor or his or her designee;
         (12)  One   member  being  the  Cook  County  Public
    Defender or his or her designee;
         (13)  Two members appointed by the Governor who  are
    representatives  of law enforcement, one juvenile officer
    and one sex crime investigator;
         (14)  Two members appointed by the Attorney  General
    who are recognized experts in the field of sexual assault
    and who can represent sexual assault victims and victims'
    rights organizations; and
         (15)  One  member being the State Appellate Defender
    or his or her designee;.
         (16)  One member being the President of the Illinois
    Polygraph Society or his or her designee;
         (17)  One member being the Executive Director of the
    Criminal Justice Information  Authority  or  his  or  her
    designee;
         (18)  One member being the President of the Illinois
    Chapter  of  the  Association for the Treatment of Sexual
    Abusers or his or her designee; and
         (19)  One member representing the Illinois Principal
    Association.
    (b)  The Governor and the Attorney General shall  appoint
a  presiding  officer  for  the  Board  from  among the board
members appointed under subsection (a) of this Section, which
presiding officer shall serve at the pleasure of the Governor
and the Attorney General.
    (c)  Each  member  of   the   Board   shall   demonstrate
substantial  expertise  and experience in the field of sexual
assault.
    (d)  (1)  Any member of the Board created  in  subsection
(a)  of  this  Section  who is appointed under paragraphs (1)
through (7) of subsection (a) of this Section shall serve  at
the pleasure of the official who appointed that member, for a
term  of  5  years and may be reappointed.  The members shall
serve without additional compensation.
    (2)  Any member of the Board created in subsection (a) of
this Section who is appointed under  paragraphs  (8)  through
(14) of subsection (a) of this Section shall serve for a term
of  5  years and may be reappointed.  The members shall serve
without compensation.
    (3)  The travel costs associated with membership  on  the
Board  created  in  subsection  (a)  of  this Section will be
reimbursed subject to availability of funds.
    (e)  The first meeting of this Board shall be held within
45 days of the effective date of this Act.
    (f)  The Board shall carry out the following duties:
         (1)  Not later than December  31,  2001,  the  Board
    shall   develop   and   prescribe  separate  standardized
    procedures for the evaluation and identification  of  the
    offender  and  recommend behavior management, monitoring,
    and treatment counseling based upon  the  knowledge  that
    sex  offenders are extremely habituated and that there is
    no known cure for the propensity  to  commit  sex  abuse.
    The Board shall develop and implement measures of success
    based  upon a no-cure policy for intervention.  The Board
    shall develop and implement methods of  intervention  for
    sex  offenders  which have as a priority the physical and
    psychological safety of victims and potential victims and
    which are appropriate to  the  needs  of  the  particular
    offender,  so long as there is no reduction of the safety
    of victims and potential victims.
         (2)  Not later than December  31,  2001,  the  Board
    shall  develop  separate  guidelines  and standards for a
    system of  programs  for  the  evaluation  and  treatment
    counseling of both juvenile and adult sex offenders which
    shall  can  be  utilized  by  offenders who are placed on
    probation, committed to the Department of Corrections  or
    Department  of  Human  Services,  or  placed on mandatory
    supervised release or  parole.   The  programs  developed
    under this paragraph (f) shall be as flexible as possible
    so  that the programs may be utilized by each offender to
    prevent the offender from harming victims  and  potential
    victims.   The  programs  shall  be  structured in such a
    manner that the programs provide a continuing  monitoring
    process as well as a continuum of counseling programs for
    each  offender  as  that  offender  proceeds  through the
    justice system.  Also, the programs shall be developed in
    such a manner that, to the extent possible, the  programs
    may be accessed by all offenders in the justice system.
         (3)  There   is   established   the   Sex   Offender
    Management  Board  Fund  in the State Treasury into which
    funds received under any provision of law or from  public
    or  private  sources  shall  be deposited, and from which
    funds shall be appropriated for the purposes set forth in
    Section 19 of this Act, Section 5-6-3 of the Unified Code
    of  Corrections,  and  Section  3  of  the  Sex  Offender
    Registration Act, and the remainder shall be appropriated
    to the Sex Offender Management  Board  for  planning  and
    research.
         (4)  The Board shall develop and prescribe a plan to
    research and analyze the effectiveness of the evaluation,
    identification,  and  counseling  procedures and programs
    developed under this Act.  The Board shall  also  develop
    and   prescribe   a  system  for  implementation  of  the
    guidelines and standards developed under paragraph (2) of
    this subsection (f) and for tracking offenders  who  have
    been   subjected   to   evaluation,  identification,  and
    treatment counseling under this Act.   In  addition,  the
    Board  shall  develop  a  system  for monitoring offender
    behaviors and offender adherence to prescribed behavioral
    changes.  The results  of  the  tracking  and  behavioral
    monitoring  shall  be  a  part of any analysis made under
    this paragraph (4).
    (g)  The Board may promulgate rules as are  necessary  to
carry out the duties of the Board.
    (h)  The  Board  and  the individual members of the Board
shall  be  immune  from  any  liability,  whether  civil   or
criminal, for the good faith performance of the duties of the
Board as specified in this Section.
(Source:  P.A.  90-133,  eff.  7-22-97; 90-793, eff. 8-14-98;
91-235, eff. 7-22-99; 91-798, eff. 7-9-00.)

    (20 ILCS 4026/16 new)
    Sec.  16.  Sex  offender  evaluation  and  identification
required.
    (a)  Beginning on the effective date of  this  amendatory
Act  of  the  93rd General Assembly, each felony sex offender
who is to be considered for probation shall  be  required  as
part of the pre-sentence or social investigation to submit to
an  evaluation  for  treatment,  an  evaluation for risk, and
procedures for monitoring of behavior to protect victims  and
potential   victims   developed   pursuant  to  item  (1)  of
subsection (f) of Section 15 of this Act.
    (b)  The evaluation required by subsection  (a)  of  this
Section shall be by an evaluator approved by the Sex Offender
Management  Board  and  shall be at the expense of the person
evaluated, based upon that person's ability to pay  for  such
treatment.

    (20 ILCS 4026/17 new)
    Sec.  17.  Sentencing  of  sex offenders; treatment based
upon evaluation and identification required.
    (a)  Each felony sex offender sentenced by the court  for
a  sex offense shall be required as a part of any sentence to
probation, conditional release, or periodic  imprisonment  to
undergo  treatment  based  upon  the  recommendations  of the
evaluation made pursuant to Section  16  or  based  upon  any
subsequent  recommendations  by  the Administrative Office of
the Illinois  Courts  or  the  county  probation  department,
whichever  is appropriate.  Any such treatment and monitoring
shall be at a facility or with a person approved by the Board
and at such offender's own expense based upon the  offender's
ability to pay for such treatment.
    (b)  Beginning  on  the effective date of this amendatory
Act of the 93rd General Assembly, each sex offender placed on
parole or mandatory supervised release by the Prisoner Review
Board shall be required as a condition of parole  to  undergo
treatment   based   upon   any   evaluation   or   subsequent
reevaluation  regarding  such  offender during the offender's
incarceration or any period of parole.   Any  such  treatment
shall  be  by  an individual approved by the Board and at the
offender's expense based upon the offender's ability  to  pay
for such treatment.

    (20 ILCS 4026/18 new)
    Sec.   18.  Sex   offender   treatment   contracts   with
providers.  The county probation department or the Department
of Human Services shall not employ or contract with and shall
not  allow  a  sex  offender  to  employ or contract with any
individual or entity  to provide sex offender  evaluation  or
treatment  services  pursuant  to  this  Act  unless  the sex
offender evaluation or treatment services provided are by  an
individual  approved  by  the  Board  pursuant to item (2) of
subsection (f) of Section 15 of this Act.

    (20 ILCS 4026/19 new)
    Sec. 19. Sex Offender Management Board Fund.
    (a)  Any and all practices  endorsed  or  required  under
this Act, including but not limited to evaluation, treatment,
or monitoring of programs that are or may be developed by the
agency  providing supervision, the Department of Corrections,
or the Department of Human Services shall be at  the  expense
of  the  person evaluated or treated, based upon the person's
ability to pay. If it is determined by the  agency  providing
supervision, the Department of Corrections, or the Department
of  Human  Services that the person does not have the ability
to pay for practices endorsed or required by  this  Act,  the
agency  providing  supervision  of  the  sex  offender  shall
request   reimbursement   for   services.  The  Sex  Offender
Management  Board  shall   provide   the   agency   providing
supervision, the Department of Corrections, or the Department
of  Human Services with factors to be considered and criteria
to determine a person's ability  to  pay.  The  Sex  Offender
Management  Board shall coordinate the expenditures of moneys
from the Sex Offender Management Board Fund  with  any  money
expended  by  counties,  the Department of Corrections or the
Department of Human Services. The Board shall develop a  plan
for the allocation of moneys deposited in this Fund among the
agency  providing supervision, the Department of Corrections,
or the Department of Human Services.
    (b)  Up to 20% of this Fund shall be retained by the  Sex
Offender Management Board for administrative costs, including
staff, incurred pursuant to this Act.
    (c)  Monies  expended  for  this  Fund  shall  be used to
supplement,  not  replace  offenders'  self-pay,  or   county
appropriations for probation and court services.
    (d)  Interest earned on monies deposited in this Fund may
be  used  by  the  Board  for  its  administrative  costs and
expenses.
    (e)  In  addition  to  the  funds  provided  by  the  sex
offender, counties, or Departments providing  treatment,  the
Board shall explore funding sources including but not limited
to State, federal, and private funds.

    Section 10.  The Juvenile Court Act of 1987 is amended by
changing Sections 5-701 and 5-715 as follows:

    (705 ILCS 405/5-701)
    Sec.  5-701.  Social investigation report. Upon the order
of the court, a social investigation report shall be prepared
and delivered to the parties at least 3  days  prior  to  the
sentencing   hearing.    The   written   report   of   social
investigation  shall  include  an investigation and report of
the minor's physical and mental history and condition, family
situation  and  background,   economic   status,   education,
occupation,  personal  habits, minor's history of delinquency
or criminality or other matters which have  been  brought  to
the  attention  of  the  juvenile  court,  information  about
special  resources  known  to the person preparing the report
which  might  be  available  to   assist   in   the   minor's
rehabilitation, and any other matters which may be helpful to
the court or which the court directs to be included.
    Any  minor found to be guilty of a sex offense as defined
by the Sex Offender Management Board Act shall be required as
part of the social investigation to submit to a sex  offender
evaluation.  The evaluation shall be performed in conformance
with   the   standards   developed  under  the  Sex  Offender
Management Board Act and by  an  evaluator  approved  by  the
Board.
(Source: P.A. 90-590, eff. 1-1-99.)

    (705 ILCS 405/5-715)
    Sec. 5-715.  Probation.
    (1)  The  period  of  probation  or conditional discharge
shall not exceed 5 years or until the minor has attained  the
age  of  21  years,  whichever is less, except as provided in
this Section for a minor who is found to  be  guilty  for  an
offense  which  is first degree murder, a Class X felony or a
forcible felony.  The juvenile court may terminate  probation
or  conditional discharge and discharge the minor at any time
if warranted by the conduct of the  minor  and  the  ends  of
justice;  provided, however, that the period of probation for
a  minor  who  is  found to be guilty for an offense which is
first degree murder, a Class X felony, or a  forcible  felony
shall be at least 5 years.
    (2)  The  court  may  as  a  condition of probation or of
conditional discharge require that the minor:
         (a)  not  violate  any  criminal  statute   of   any
    jurisdiction;
         (b)  make  a  report  to and appear in person before
    any person or agency as directed by the court;
         (c)  work or pursue a course of study or  vocational
    training;
         (d)  undergo   medical   or  psychiatric  treatment,
    rendered by a  psychiatrist  or  psychological  treatment
    rendered  by  a  clinical  psychologist  or  social  work
    services   rendered  by  a  clinical  social  worker,  or
    treatment for drug addiction or alcoholism;
         (e)  attend or reside in a facility established  for
    the instruction or residence of persons on probation;
         (f)  support his or her dependents, if any;
         (g)  refrain  from  possessing  a  firearm  or other
    dangerous weapon, or an automobile;
         (h)  permit the probation officer to  visit  him  or
    her at his or her home or elsewhere;
         (i)  reside  with  his or her parents or in a foster
    home;
         (j)  attend school;
         (j-5)  with the consent of the superintendent of the
    facility, attend an educational  program  at  a  facility
    other  than the school in which the offense was committed
    if he or she committed a crime of violence as defined  in
    Section  2  of  the  Crime  Victims Compensation Act in a
    school, on the real  property  comprising  a  school,  or
    within  1,000  feet  of  the  real  property comprising a
    school;
         (k)  attend a non-residential program for youth;
         (l)  make restitution under the terms of  subsection
    (4) of Section 5-710;
         (m)  contribute to his or her own support at home or
    in a foster home;
         (n)  perform  some  reasonable  public  or community
    service;
         (o)  participate with community corrections programs
    including  unified  delinquency   intervention   services
    administered  by the Department of Human Services subject
    to Section 5 of the Children and Family Services Act;
         (p)  pay costs;
         (q)  serve a term of home confinement.  In  addition
    to   any  other  applicable  condition  of  probation  or
    conditional discharge, the conditions of home confinement
    shall be that the minor:
              (i)  remain within the interior premises of the
         place designated for his or her  confinement  during
         the hours designated by the court;
              (ii)  admit  any  person or agent designated by
         the court into the minor's place of  confinement  at
         any  time  for  purposes  of  verifying  the minor's
         compliance  with  the  conditions  of  his  or   her
         confinement;  and
              (iii)  use  an  approved  electronic monitoring
         device if ordered by the court subject to Article 8A
         of Chapter V of the Unified Code of Corrections;
         (r)  refrain  from  entering   into   a   designated
    geographic  area  except  upon  terms  as the court finds
    appropriate.  The terms may include consideration of  the
    purpose  of  the  entry,  the  time of day, other persons
    accompanying  the  minor,  and  advance  approval  by   a
    probation  officer,  if  the  minor  has  been  placed on
    probation, or advance approval by the court, if the minor
    has been placed on conditional discharge;
         (s)  refrain from having any  contact,  directly  or
    indirectly,  with certain specified persons or particular
    types of persons, including but not limited to members of
    street gangs and drug users or dealers;
         (s-5)  undergo a medical or other procedure to  have
    a  tattoo symbolizing allegiance to a street gang removed
    from his or her body;
         (t)  refrain from having in  his  or  her  body  the
    presence  of  any illicit drug prohibited by the Cannabis
    Control Act or the Illinois  Controlled  Substances  Act,
    unless  prescribed  by  a  physician,  and  shall  submit
    samples of his or her blood or urine or both for tests to
    determine the presence of any illicit drug; or
         (u)  comply  with other conditions as may be ordered
    by the court.
    (3)  The court may as a  condition  of  probation  or  of
conditional  discharge  require  that a minor found guilty on
any alcohol, cannabis,  or  controlled  substance  violation,
refrain  from  acquiring a driver's license during the period
of probation or conditional discharge.  If the  minor  is  in
possession of a permit or license, the court may require that
the minor refrain from driving or operating any motor vehicle
during  the  period  of  probation  or conditional discharge,
except as may be necessary  in  the  course  of  the  minor's
lawful employment.
    (3.5)  The court shall, as a condition of probation or of
conditional  discharge,  require  that  a  minor  found to be
guilty and placed on probation for  reasons  that  include  a
violation  of Section 3.02 or Section 3.03 of the Humane Care
for Animals Act or paragraph (d) of subsection (1) of Section
21-1  of  the  Criminal  Code  of  1961  undergo  medical  or
psychiatric  treatment  rendered   by   a   psychiatrist   or
psychological  treatment rendered by a clinical psychologist.
The condition may be in addition to any other condition.
    (3.10)  The court shall order  that  a  minor  placed  on
probation  or  conditional  discharge  for  a  sex offense as
defined in the Sex Offender Management Board Act undergo  and
successfully  complete sex offender treatment.  The treatment
shall be in conformance with the  standards  developed  under
the  Sex  Offender  Management  Board Act  and conducted by a
treatment provider approved  by  the  Board.   The  treatment
shall  be  at  the expense of the person evaluated based upon
that person's ability to pay for the treatment.
    (4)  A minor on probation or conditional discharge  shall
be  given  a  certificate  setting  forth the conditions upon
which he or she is being released.
    (5)  The court  shall  impose  upon  a  minor  placed  on
probation  or  conditional  discharge,  as a condition of the
probation or conditional discharge, a fee  of  $25  for  each
month  of  probation  or  conditional  discharge  supervision
ordered  by the court, unless after determining the inability
of the minor placed on probation or conditional discharge  to
pay  the  fee, the court assesses a lesser amount.  The court
may not impose the fee on a minor who is made a ward  of  the
State  under  this  Act while the minor is in placement.  The
fee shall be imposed  only  upon  a  minor  who  is  actively
supervised  by  the  probation and court services department.
The court may order the parent, guardian, or legal  custodian
of  the  minor  to  pay some or all of the fee on the minor's
behalf.
    (6)  The General Assembly finds that in order to  protect
the   public,   the   juvenile  justice  system  must  compel
compliance with the conditions of probation by responding  to
violations  with  swift,  certain,  and  fair punishments and
intermediate sanctions.  The  Chief  Judge  of  each  circuit
shall  adopt  a  system of structured, intermediate sanctions
for violations of the terms and conditions of a  sentence  of
supervision,  probation  or conditional discharge, under this
Act.
    The court shall provide as a condition of  a  disposition
of probation, conditional discharge, or supervision, that the
probation  agency  may  invoke  any sanction from the list of
intermediate sanctions adopted by  the  chief  judge  of  the
circuit  court  for violations of the terms and conditions of
the  sentence  of  probation,   conditional   discharge,   or
supervision,  subject  to  the provisions of Section 5-720 of
this Act.
(Source:  P.A.  91-98,  eff.  1-1-00;  92-282,  eff.  8-7-01;
92-454, eff. 1-1-02; 92-651, eff. 7-11-02.)

    Section  15.   The  Sexually  Dangerous  Persons  Act  is
amended by changing Section 8 as follows:

    (725 ILCS 205/8) (from Ch. 38, par. 105-8)
    Sec.  8.  If  the  respondent  is  found to be a sexually
dangerous person then the court shall appoint the Director of
Corrections guardian of  the  person  found  to  be  sexually
dangerous  and  such  person  shall  stand  committed  to the
custody of such guardian.  The  Director  of  Corrections  as
guardian  shall keep safely the person so committed until the
person has recovered and is released as hereinafter provided.
The Director of Corrections as guardian  shall  provide  care
and  treatment  for  the  person committed to him designed to
effect recovery. Any treatment provided  under  this  Section
shall be in conformance with the standards promulgated by the
Sex   Offender  Management  Board  Act  and  conducted  by  a
treatment provider approved by the Board.  The  Director  may
place  that  ward  in  any  facility  in  the  Department  of
Corrections  or  portion  thereof  set aside for the care and
treatment of sexually dangerous persons.  The  Department  of
Corrections  may  also  request  another  state Department or
Agency to examine such person and  upon  such  request,  such
Department  or  Agency  shall  make  such examination and the
Department of Corrections may, with the consent of the  chief
executive   officer  of  such  other  Department  or  Agency,
thereupon place such person in the care and treatment of such
other Department or Agency.
(Source: P.A. 92-786, eff. 8-6-02.)

    Section  20.  The Sexually Violent Persons Commitment Act
is amended by changing Sections 10, 25, 30, 40, 55,  60,  and
65 as follows:

    (725 ILCS 207/10)
    Sec.  10.   Notice  to  the  Attorney General and State's
Attorney.
    (a)  In this Act, "agency with  jurisdiction"  means  the
agency with the authority or duty to release or discharge the
person.
    (b)  If  an  agency  with  jurisdiction  has  control  or
custody   over  a  person  who  may  meet  the  criteria  for
commitment as a sexually  violent  person,  the  agency  with
jurisdiction  shall  inform  the  Attorney  General  and  the
State's  Attorney  in  a  position  to  file a petition under
paragraph (a)(2) of Section 15  of  this  Act  regarding  the
person  as  soon  as possible beginning 3 months prior to the
applicable date of the following:
         (1)  The anticipated release  from  imprisonment  or
    the  anticipated  entry into mandatory supervised release
    of a person who has been convicted of a sexually  violent
    offense.
         (2)  The  anticipated  release  from a Department of
    Corrections    correctional    facility    or    juvenile
    correctional facility of a person adjudicated  delinquent
    under Section 5-20 of the Juvenile Court Act of 1987 (now
    repealed)  or  found  guilty  under Section 5-620 of that
    Act, on the basis of a sexually violent offense.
         (3)  The  discharge  or  conditional  release  of  a
    person who has  been  found  not  guilty  of  a  sexually
    violent offense by reason of insanity under Section 5-2-4
    of the Unified Code of Corrections.
    (c)  The  agency  with  jurisdiction  shall  provide  the
Attorney  General  and  the  State's Attorney with all of the
following:
         (1)  The   person's   name,   identifying   factors,
    anticipated future residence and offense history;
         (2)  A  comprehensive  evaluation  of  the  person's
    mental condition, the basis upon  which  a  determination
    has  been  made  that the person is subject to commitment
    under subsection (b) of Section 15  of  this  Act  and  a
    recommendation  for action in furtherance of the purposes
    of this  Act.   The  evaluation  shall  be  conducted  in
    conformance  with  the  standards developed under the Sex
    Offender  Management  Board  Act  and  by  an   evaluator
    approved by the Board; and
         (3)  If  applicable,  documentation of any treatment
    and  the  person's  adjustment   to   any   institutional
    placement.
    (d)  Any  agency  or  officer,  employee  or  agent of an
agency is immune from criminal or  civil  liability  for  any
acts  or  omissions  as  the result of a good faith effort to
comply with this Section.
(Source: P.A.  90-40,  eff.  1-1-98;  90-793,  eff.  8-14-98;
91-357, eff. 7-29-99.)

    (725 ILCS 207/25)
    Sec. 25.  Rights of persons subject to petition.
    (a)  Any  person  who  is the subject of a petition filed
under Section 15 of this Act shall be served with a  copy  of
the petition in accordance with the Civil Practice Law.
    (b)  The  circuit court in which a petition under Section
15 of this Act is filed shall conduct all hearings under this
Act.   The court shall give the person who is the subject  of
the  petition reasonable notice of the time and place of each
such hearing.  The court may designate additional persons  to
receive these notices.
    (c)  Except as provided in paragraph (b)(1) of Section 65
and  Section  70  of this Act, at any hearing conducted under
this Act, the person who is the subject of the  petition  has
the right to:
         (1)  To be present and to be represented by counsel.
    If  the  person  is  indigent,  the  court  shall appoint
    counsel.
         (2)  Remain silent.
         (3)  Present and cross-examine witnesses.
         (4)  Have the hearing recorded by a court reporter.
    (d)  The person who is the subject of the  petition,  the
person's  attorney,  the  Attorney  General  or  the  State's
Attorney  may  request  that a trial under Section 35 of this
Act be to a jury.  A verdict of a jury under this Act is  not
valid unless it is unanimous.
    (e)  Whenever  the  person  who  is  the  subject  of the
petition is required to submit to an examination  under  this
Act,  he or she may retain experts or professional persons to
perform an examination.  The  respondent's  chosen  evaluator
must be approved by the Sex Offender Management Board and the
evaluation   must   be  conducted  in  conformance  with  the
standards developed under the Sex Offender  Management  Board
Act.      If   the  person  retains  a  qualified  expert  or
professional person of his or her own choice  to  conduct  an
examination, the examiner shall have reasonable access to the
person  for the purpose of the examination, as well as to the
person's past  and  present  treatment  records  and  patient
health  care  records.   If the person is indigent, the court
shall, upon the person's request,  appoint  a  qualified  and
available   expert  or  professional  person  to  perform  an
examination.  Upon the order of the circuit court, the county
shall pay, as part of the costs of the action, the costs of a
court-appointed expert or professional person to  perform  an
examination  and  participate  in  the  trial on behalf of an
indigent person.
(Source: P.A. 90-40, eff. 1-1-98.)

    (725 ILCS 207/30)
    Sec. 30.  Detention; probable cause hearing; transfer for
examination.
    (a)  Upon the filing of a petition under  Section  15  of
this  Act,  the  court shall review the petition to determine
whether to issue an order for detention of the person who  is
the  subject  of  the petition.  The person shall be detained
only if there is cause to believe that the person is eligible
for commitment under subsection (f) of  Section  35  of  this
Act.  A person detained under this Section shall be held in a
facility  approved  by  the  Department.   If  the  person is
serving a sentence of imprisonment, is  in  a  Department  of
Corrections  correctional  facility  or juvenile correctional
facility or is committed to institutional care, and the court
orders detention under this Section, the  court  shall  order
that  the  person  be  transferred  to  a  detention facility
approved by the Department.  A  detention  order  under  this
Section  remains  in  effect  until  the person is discharged
after a trial under Section 35  of  this  Act  or  until  the
effective date of a commitment order under Section 40 of this
Act, whichever is applicable.
    (b)  Whenever  a  petition  is  filed under Section 15 of
this Act, the court shall hold a hearing to determine whether
there is probable cause to believe that the person  named  in
the  petition  is  a  sexually violent person.  If the person
named in the petition is in custody, the court shall hold the
probable cause hearing within 72 hours after the petition  is
filed,  excluding Saturdays, Sundays and legal holidays.  The
court may grant a continuance of the probable  cause  hearing
for  no  more  than  7 additional days upon the motion of the
respondent, for good cause.   If  the  person  named  in  the
petition  has  been  released,  is on parole, is on mandatory
supervised release, or otherwise is not in custody, the court
shall hold the probable cause  hearing  within  a  reasonable
time  after the filing of the petition. At the probable cause
hearing, the court shall  admit  and  consider  all  relevant
hearsay evidence.
    (c)  If  the  court determines after a hearing that there
is probable cause to believe that the  person  named  in  the
petition  is a sexually violent person, the court shall order
that the person be taken into custody if he or she is not  in
custody and shall order the person to be transferred within a
reasonable  time to an appropriate facility for an evaluation
as to whether the person is a sexually violent person. If the
person who is named in the  petition  refuses  to  speak  to,
communicate  with,  or  otherwise fails to cooperate with the
examining evaluator from the Department of Human Services  or
the Department of Corrections, that person may only introduce
evidence and testimony from any expert or professional person
who  is retained or court-appointed to conduct an examination
of the person that results from a review of the  records  and
may  not  introduce evidence resulting from an examination of
the person. Any evaluation conducted under this Section shall
be by an evaluator approved by the  Sex  Offender  Management
Board   and  conducted  in  conformance  with  the  standards
developed  under  the  Sex  Offender  Management  Board  Act.
Notwithstanding the provisions of Section 10  of  the  Mental
Health  and  Developmental  Disabilities Confidentiality Act,
all evaluations  conducted  pursuant  to  this  Act  and  all
Illinois Department of Corrections treatment records shall be
admissible  at  all  proceedings  held  pursuant to this Act,
including the probable cause hearing and the trial.
    If the court determines  that  probable  cause  does  not
exist  to  believe  that  the  person  is  a sexually violent
person, the court shall dismiss the petition.
    (d)  The Department shall promulgate rules  that  provide
the  qualifications  for persons conducting evaluations under
subsection (c) of this Section.
    (e)  If the  person  named  in  the  petition  claims  or
appears  to  be  indigent,  the  court  shall,  prior  to the
probable cause hearing under subsection (b) of this  Section,
appoint counsel.
(Source: P.A. 92-415, eff. 8-17-01.)

    (725 ILCS 207/40)
    Sec. 40.  Commitment.
    (a)  If a court or jury determines that the person who is
the  subject  of a petition under Section 15 of this Act is a
sexually violent person, the court shall order the person  to
be  committed  to  the custody of the Department for control,
care and treatment until such time as the person is no longer
a sexually violent person.
    (b) (1)  The court  shall  enter  an  initial  commitment
    order  under  this  Section pursuant to a hearing held as
    soon as practicable after the judgment  is  entered  that
    the person who is the subject of a petition under Section
    15  is  a  sexually  violent  person.  If the court lacks
    sufficient information to make the determination required
    by paragraph (b)(2) of  this  Section  immediately  after
    trial,   it   may  adjourn  the  hearing  and  order  the
    Department to conduct a predisposition investigation or a
    supplementary mental examination, or both, to assist  the
    court  in framing the commitment order.   A supplementary
    mental examination under this Section shall be  conducted
    in accordance with Section 3-804 of the Mental Health and
    Developmental Disabilities Code.
         (2)  An  order  for  commitment  under  this Section
    shall specify  either  institutional  care  in  a  secure
    facility,  as  provided  under Section 50 of this Act, or
    conditional release.  In determining  whether  commitment
    shall  be  for institutional care in a secure facility or
    for conditional release, the  court  shall  consider  the
    nature  and  circumstances  of  the behavior that was the
    basis of the allegation in the petition  under  paragraph
    (b)(1)  of  Section  15,  the person's mental history and
    present mental condition, where the person will live, how
    the person will support  himself  or  herself,  and  what
    arrangements  are available to ensure that the person has
    access to and will participate  in  necessary  treatment.
    All treatment, whether in institutional care, in a secure
    facility,  or  while  on  conditional  release,  shall be
    conducted in conformance  with  the  standards  developed
    under the Sex Offender Management Board Act and conducted
    by  a  treatment  provider  approved  by  the  Board. The
    Department shall arrange for control, care and  treatment
    of  the person in the least restrictive manner consistent
    with the requirements of the  person  and  in  accordance
    with the court's commitment order.
         (3)  If   the   court   finds  that  the  person  is
    appropriate for  conditional  release,  the  court  shall
    notify  the  Department.   The Department shall prepare a
    plan that identifies the treatment and services, if  any,
    that  the person will receive in the community.  The plan
    shall address the person's need, if any, for supervision,
    counseling,  medication,  community   support   services,
    residential services, vocational services, and alcohol or
    other  drug abuse treatment.  The Department may contract
    with a county  health  department,  with  another  public
    agency  or with a private agency to provide the treatment
    and services identified in  the  plan.   The  plan  shall
    specify   who  will  be  responsible  for  providing  the
    treatment and services identified in the plan.  The  plan
    shall  be  presented to the court for its approval within
    60 days after  the  court  finding  that  the  person  is
    appropriate   for   conditional   release,   unless   the
    Department   and   the  person  to  be  released  request
    additional time to  develop  the  plan.  The  conditional
    release  program  operated  under  this  Section  is  not
    subject  to  the  provisions  of  the  Mental  Health and
    Developmental Disabilities Confidentiality Act.
         (4)  An order for  conditional  release  places  the
    person  in  the custody and control of the Department.  A
    person  on  conditional  release  is   subject   to   the
    conditions  set  by  the  court  and  to the rules of the
    Department.  Before a person  is  placed  on  conditional
    release  by the court under this Section, the court shall
    so notify the  municipal  police  department  and  county
    sheriff  for  the  municipality  and  county in which the
    person will be residing.   The  notification  requirement
    under  this  Section does not apply if a municipal police
    department or county  sheriff  submits  to  the  court  a
    written  statement  waiving the right to be notified.  If
    the  Department  alleges  that  a  released  person   has
    violated  any  condition  or  rule, or that the safety of
    others requires that conditional release be  revoked,  he
    or  she  may be taken into custody under the rules of the
    Department.
         At  any  time  during  which  the   person   is   on
    conditional  release,  if  the Department determines that
    the person has violated any condition or  rule,  or  that
    the safety of others requires that conditional release be
    revoked,  the Department may request the Attorney General
    or State's Attorney to request  the  court  to  issue  an
    emergency  ex  parte  order directing any law enforcement
    officer to take the person into custody and transport the
    person to the county jail. The Department may request, or
    the Attorney General  or  State's  Attorney  may  request
    independently  of  the  Department,  that  a  petition to
    revoke conditional release be filed.  When a petition  is
    filed,  the  court  may  order  the Department to issue a
    notice to the person to be present at the  Department  or
    other  agency designated by the court, order a summons to
    the person to be present, or order a body attachment  for
    all  law  enforcement  officers  to  take the person into
    custody and transport him or  her  to  the  county  jail,
    hospital,  or  treatment  facility.  The Department shall
    submit  a  statement  showing  probable  cause   of   the
    detention   and  a  petition  to  revoke  the  order  for
    conditional release to the  committing  court  within  48
    hours  after  the  detention.   The  court shall hear the
    petition within 30  days,  unless  the  hearing  or  time
    deadline  is  waived by the detained person.  Pending the
    revocation hearing, the Department may detain the  person
    in  a  jail,  in  a  hospital or treatment facility.  The
    State has the burden of proving by clear  and  convincing
    evidence  that  any rule or condition of release has been
    violated, or that the safety of others requires that  the
    conditional  release be revoked.  If the court determines
    after hearing that any rule or condition of  release  has
    been violated, or that the safety of others requires that
    conditional  release  be revoked, it may revoke the order
    for conditional  release  and  order  that  the  released
    person  be placed in an appropriate institution until the
    person is discharged from the commitment under Section 65
    of this Act or until again placed on conditional  release
    under Section 60 of this Act.
         (5)  An  order  for  conditional  release places the
    person  in  the  custody,  care,  and  control   of   the
    Department.   The court shall order the person be subject
    to  the  following  rules  of  conditional  release,   in
    addition  to any other conditions ordered, and the person
    shall be given a certificate setting forth the conditions
    of conditional release.  These conditions shall  be  that
    the person:
              (A)  not  violate  any  criminal statute of any
         jurisdiction;
              (B)  report to or appear in person before  such
         person  or  agency  as directed by the court and the
         Department;
              (C)  refrain from possession of  a  firearm  or
         other dangerous weapon;
              (D)  not leave the State without the consent of
         the  court  or, in circumstances in which the reason
         for the absence is of such an emergency nature, that
         prior consent by the court is not  possible  without
         the   prior   notification   and   approval  of  the
         Department;
              (E)  at the direction of the Department, notify
         third parties of the risks that may be occasioned by
         his or  her  criminal  record  or  sexual  offending
         history   or   characteristics,   and   permit   the
         supervising   officer   or   agent   to   make   the
         notification requirement;
              (F)  attend    and    fully    participate   in
         assessment,  treatment,  and   behavior   monitoring
         including,    but    not    limited   to,   medical,
         psychological or psychiatric treatment  specific  to
         sexual  offending, drug addiction, or alcoholism, to
         the extent appropriate to the person based upon  the
         recommendation  and  findings made in the Department
         evaluation   or   based    upon    any    subsequent
         recommendations by the Department;
              (G)  waive  confidentiality  allowing the court
         and Department access  to  assessment  or  treatment
         results or both;
              (H)  work  regularly  at  a Department approved
         occupation or pursue a course of study or vocational
         training and notify the Department within  72  hours
         of any change in employment, study, or training;
              (I)  not  be  employed  or  participate  in any
         volunteer  activity  that  involves   contact   with
         children,  except  under  circumstances  approved in
         advance and in writing by the Department officer;
              (J)  submit to the search of his or her person,
         residence, vehicle, or any personal or real property
         under  his  or  her  control  at  any  time  by  the
         Department;
              (K)  financially support his or her  dependents
         and  provide  the Department access to any requested
         financial information;
              (L)  serve a  term  of  home  confinement,  the
         conditions of which shall be that the person:
                   (i)  remain  within  the interior premises
              of  the  place  designated  for  his   or   her
              confinement  during the hours designated by the
              Department;
                   (ii)  admit any person or agent designated
              by the Department into the offender's place  of
              confinement   at   any  time  for  purposes  of
              verifying  the  person's  compliance  with  the
              condition of his or her confinement;
                   (iii)  if   deemed   necessary   by    the
              Department,   be   placed   on   an  electronic
              monitoring device;
              (M)  comply with the terms and conditions of an
         order of protection issued by the court pursuant  to
         the  Illinois Domestic Violence Act of 1986.  A copy
         of the order of protection shall be  transmitted  to
         the Department by the clerk of the court;
              (N)  refrain  from  entering  into a designated
         geographic area except  upon  terms  the  Department
         finds    appropriate.    The   terms   may   include
         consideration of the purpose of the entry, the  time
         of  day, others accompanying the person, and advance
         approval by the Department;
              (O)  refrain from having any contact, including
         written  or   oral   communications,   directly   or
         indirectly,    with    certain   specified   persons
         including, but not limited to,  the  victim  or  the
         victim's  family,  and report any incidental contact
         with the  victim  or  the  victim's  family  to  the
         Department  within  72  hours; refrain from entering
         onto the premises of, traveling past,  or  loitering
         near the victim's residence, place of employment, or
         other places frequented by the victim;
              (P)  refrain from having any contact, including
         written   or   oral   communications,   directly  or
         indirectly,  with  particular  types   of   persons,
         including  but  not  limited  to  members  of street
         gangs, drug users, drug dealers, or prostitutes;
              (Q)  refrain  from  all  contact,   direct   or
         indirect,   personally,  by  telephone,  letter,  or
         through another person, with minor children  without
         prior identification and approval of the Department;
              (R)  refrain from having in his or her body the
         presence  of  alcohol or any illicit drug prohibited
         by  the  Cannabis  Control  Act  or   the   Illinois
         Controlled  Substances  Act,  unless prescribed by a
         physician, and submit samples of his or her  breath,
         saliva,  blood,  or urine for tests to determine the
         presence of alcohol or any illicit drug;
              (S)  not  establish  a  dating,  intimate,   or
         sexual  relationship  with  a  person  without prior
         written notification to the Department;
              (T)  neither possess or have under his  or  her
         control  any material that is pornographic, sexually
         oriented, or sexually stimulating, or  that  depicts
         or  alludes  to  sexual  activity  or depicts minors
         under the age of 18, including but  not  limited  to
         visual,  auditory,  telephonic, electronic media, or
         any matter obtained through access to  any  computer
         or material linked to computer access use;
              (U)  not   patronize   any  business  providing
         sexually   stimulating    or    sexually    oriented
         entertainment  nor  utilize "900" or adult telephone
         numbers or any other sex-related telephone numbers;
              (V)  not reside near, visit, or be in or  about
         parks,  schools,  day  care centers, swimming pools,
         beaches, theaters, or any other places  where  minor
         children  congregate without advance approval of the
         Department and report any  incidental  contact  with
         minor children to the Department within 72 hours;
              (W)  not  establish  any  living arrangement or
         residence without prior approval of the Department;
              (X)  not publish any  materials  or  print  any
         advertisements  without  providing  a  copy  of  the
         proposed  publications to the Department officer and
         obtaining permission prior to publication;
              (Y)  not leave the  county  except  with  prior
         permission   of   the  Department  and  provide  the
         Department officer  or  agent  with  written  travel
         routes  to  and  from  work and any other designated
         destinations;
              (Z)  not possess  or  have  under  his  or  her
         control   certain   specified  items  of  contraband
         related to the incidence of sexually offending items
         including video or still camera items or  children's
         toys;
              (AA)  provide a written daily log of activities
         as directed by the Department;
              (BB)  comply  with all other special conditions
         that the Department may  impose  that  restrict  the
         person from high-risk situations and limit access or
         potential victims.
         (6)  A  person placed on conditional release and who
    during the  term  undergoes  mandatory  drug  or  alcohol
    testing  or  is  assigned  to  be  placed  on an approved
    electronic monitoring device may be ordered  to  pay  all
    costs incidental to the mandatory drug or alcohol testing
    and  all  costs  incidental  to  the  approved electronic
    monitoring in accordance with the person's ability to pay
    those costs.  The  Department  may  establish  reasonable
    fees for the cost of maintenance, testing, and incidental
    expenses related to the mandatory drug or alcohol testing
    and   all   costs   incidental   to  approved  electronic
    monitoring.
(Source: P.A. 91-875, eff. 6-30-00; 92-415, eff. 8-17-01.)

    (725 ILCS 207/55)
    Sec. 55.  Periodic reexamination; report.
    (a)  If a person has been committed under Section  40  of
this Act and has not been discharged under Section 65 of this
Act,  the  Department  shall conduct an examination of his or
her  mental  condition  within  6  months  after  an  initial
commitment under Section 40 and then at least once  every  12
months  from  the  completion  of the last evaluation for the
purpose of determining whether the person has made sufficient
progress to be conditionally released or discharged.  At  the
time  of  a  reexamination under this Section, the person who
has been committed may retain or, if he or  she  is  indigent
and  so requests, the court may appoint a qualified expert or
a professional person to examine him or her.
    (b)  Any examiner conducting an  examination  under  this
Section  shall prepare a written report of the examination no
later than 30 days after the date of  the  examination.   The
examiner  shall  place  a  copy of the report in the person's
health care records and shall provide a copy of the report to
the court that committed the person  under  Section  40.  The
examination  shall  be  conducted  in  conformance  with  the
standards  developed  under the Sex Offender Management Board
Act and by an evaluator approved by the Board.
    (c)  Notwithstanding subsection (a) of this Section,  the
court  that  committed  a person under Section 40 may order a
reexamination of the person at any time during the period  in
which the person is subject to the commitment order.
    (d)  Petitions  for  discharge  after  reexamination must
follow the procedure outlined in Section 65 of this Act.
(Source: P.A.  90-40,  eff.  1-1-98;  90-793,  eff.  8-14-98;
91-227, eff. 1-1-00; 91-875, eff. 6-30-00.)

    (725 ILCS 207/60)
    Sec. 60.  Petition for conditional release.
    (a)  Any  person  who is committed for institutional care
in a secure facility or other facility under  Section  40  of
this  Act  may  petition  the  committing court to modify its
order by authorizing conditional release if at least 6 months
have elapsed since the initial commitment order was  entered,
the  most  recent  release  petition  was  denied or the most
recent  order  for  conditional  release  was  revoked.   The
director of the facility at which the person  is  placed  may
file  a petition under this Section on the person's behalf at
any time.
    (b)  If  the  person  files  a  timely  petition  without
counsel, the court shall serve a copy of the petition on  the
Attorney General or State's Attorney, whichever is applicable
and,  subject  to paragraph (c)(1) of Section 25 of this Act,
appoint counsel.  If the person  petitions  through  counsel,
his  or  her  attorney  shall  serve  the Attorney General or
State's Attorney, whichever is applicable.
    (c)  Within 20 days after receipt of  the  petition,  the
court   shall  appoint  one  or  more  examiners  having  the
specialized  knowledge  determined  by  the   court   to   be
appropriate,  who  shall  examine the mental condition of the
person and furnish a written report of the examination to the
court within 30 days after appointment.  The examiners  shall
have   reasonable  access  to  the  person  for  purposes  of
examination and to the person's past  and  present  treatment
records  and  patient  health  care  records.   If  any  such
examiner   believes   that  the  person  is  appropriate  for
conditional release, the examiner shall report on the type of
treatment and services that the person may need while in  the
community on conditional release.  The State has the right to
have the person evaluated by experts chosen by the State. Any
examination  or evaluation conducted under this Section shall
be in conformance with the standards developed under the  Sex
Offender  Management  Board Act and conducted by an evaluator
approved by the Board.  The court shall set a probable  cause
hearing  as  soon as practical after the examiner's report is
filed.  If the court determines at the probable cause hearing
that cause exists to believe that  it  is  not  substantially
probable  that  the  person  will  engage  in  acts of sexual
violence if on release  or  conditional  release,  the  court
shall set a hearing on the issue.
    (d)  The  court,  without a jury, shall hear the petition
within 30  days  after  the  report  of  the  court-appointed
examiner  is  filed  with  the  court,  unless the petitioner
waives this time limit.  The court shall grant  the  petition
unless the State proves by clear and convincing evidence that
the   person   has   not   made  sufficient  progress  to  be
conditionally released.  In  making  a  decision  under  this
subsection,   the   court   must   consider  the  nature  and
circumstances of the behavior  that  was  the  basis  of  the
allegation  in the petition under paragraph (b)(1) of Section
15 of this Act,  the  person's  mental  history  and  present
mental  condition, where the person will live, how the person
will support himself or herself  and  what  arrangements  are
available  to  ensure  that the person has access to and will
participate in necessary treatment.
    (e)  Before  the  court  may  enter  an  order  directing
conditional release to a less restrictive alternative it must
find the following: (1) the  person  will  be  treated  by  a
Department  approved  treatment  provider,  (2) the treatment
provider has presented a specific course of treatment and has
agreed to assume responsibility for the  treatment  and  will
report  progress  to  the  Department on a regular basis, and
will  report  violations  immediately  to   the   Department,
consistent  with  treatment  and  supervision  needs  of  the
respondent, (3) housing exists that is sufficiently secure to
protect  the  community,  and  the person or agency providing
housing to the conditionally released person  has  agreed  in
writing  to  accept  the  person,  to  provide  the  level of
security required by the court, and immediately to report  to
the  Department  if the person leaves the housing to which he
or she has  been  assigned  without  authorization,  (4)  the
person  is  willing  to  or  has  agreed  to  comply with the
treatment provider, the Department, and the  court,  and  (5)
the  person  has agreed or is willing to agree to comply with
the behavioral monitoring requirements imposed by  the  court
and the Department.
    (f)  If  the  court  finds that the person is appropriate
for  conditional  release,  the  court   shall   notify   the
Department.    The  Department  shall  prepare  a  plan  that
identifies the treatment  and  services,  if  any,  that  the
person  will receive in the community. The plan shall address
the person's  need,  if  any,  for  supervision,  counseling,
medication, community support services, residential services,
vocational   services,   and  alcohol  or  other  drug  abuse
treatment.  The Department may contract with a county  health
department,  with  another  public  agency  or with a private
agency to provide the treatment and  services  identified  in
the plan.  The plan shall specify who will be responsible for
providing  the treatment and services identified in the plan.
The plan shall be presented to the  court  for  its  approval
within  60  days  after  the court finding that the person is
appropriate for conditional release,  unless  the  Department
and  the  person  to  be  released request additional time to
develop the plan.
    (g)  The provisions of paragraph (b)(4) of Section 40  of
this  Act  apply  to  an order for conditional release issued
under this Section.
(Source: P.A. 91-875, eff. 6-30-00; 92-415, eff. 8-17-01.)

    (725 ILCS 207/65)
    Sec. 65.  Petition for discharge; procedure.
    (a)(1)  If the Secretary determines at any  time  that  a
person  committed  under  this  Act  is  no longer a sexually
violent person, the Secretary shall authorize the  person  to
petition  the  committing  court  for  discharge.  The person
shall file the petition with the court and serve a copy  upon
the  Attorney  General  or the State's Attorney's office that
filed the petition under subsection (a) of Section 15 of this
Act, whichever is applicable.  The court, upon receipt of the
petition for discharge, shall order  a  hearing  to  be  held
within 45 days after the date of receipt of the petition.
    (2)  At  a  hearing  under  this subsection, the Attorney
General or State's Attorney,  whichever  filed  the  original
petition,  shall represent the State and shall have the right
to have the petitioner examined by an expert or  professional
person  of  his  or  her  choice.   The  examination shall be
conducted in conformance with the standards  developed  under
the  Sex  Offender  Management  Board Act and by an evaluator
approved by the Board.  The committed person or the State may
elect to have the hearing before a jury.  The State  has  the
burden  of  proving by clear and convincing evidence that the
petitioner is still a sexually violent person.
    (3)  If the court or jury is satisfied that the State has
not met its burden of proof under paragraph  (a)(2)  of  this
Section,  the petitioner shall be discharged from the custody
or supervision of the Department.  If the court is  satisfied
that  the  State  has met its burden of proof under paragraph
(a)(2), the court may proceed under Section 40 of this Act to
determine  whether  to  modify  the   petitioner's   existing
commitment order.
    (b)(1)  A  person  may  petition the committing court for
discharge from custody or supervision without the Secretary's
approval.  At the time of an examination under subsection (a)
of Section 55 of this Act, the Secretary  shall  provide  the
committed  person with a written notice of the person's right
to petition the court  for  discharge  over  the  Secretary's
objection.  The notice shall contain a waiver of rights.  The
Secretary  shall  forward  the  notice and waiver form to the
court with the report of the Department's  examination  under
Section 55 of this Act.  If the person does not affirmatively
waive  the  right to petition, the court shall set a probable
cause hearing to determine whether facts exist that warrant a
hearing on whether the person is  still  a  sexually  violent
person.  If  a person does not file a petition for discharge,
yet fails to waive the right to petition under this  Section,
then  the probable cause hearing consists only of a review of
the reexamination reports and  arguments  on  behalf  of  the
parties. The committed person has a right to have an attorney
represent  him  or her at the probable cause hearing, but the
person is not entitled to be present at  the  probable  cause
hearing.  The  probable cause hearing under this Section must
be held within 45 days of the  filing  of  the  reexamination
report under Section 55 of this Act.
    (2)  If  the  court  determines  at  the  probable  cause
hearing  under paragraph (b)(1) of this Section that probable
cause exists to believe  that  the  committed  person  is  no
longer  a sexually violent person, then the court shall set a
hearing on the issue. At a hearing under  this  Section,  the
committed person is entitled to be present and to the benefit
of the protections afforded to the person under Section 25 of
this Act. The committed person or the State may elect to have
a  hearing  under this Section before a jury.  A verdict of a
jury under this Section is not valid unless it is  unanimous.
The Attorney General or State's Attorney, whichever filed the
original  petition,  shall  represent  the State at a hearing
under this Section.   The State has the  right  to  have  the
committed  person  evaluated  by experts chosen by the State.
The examination shall be conducted in  conformance  with  the
standards  developed  under the Sex Offender Management Board
Act and by  an  evaluator  approved  by  the  Board.  At  the
hearing,  the  State  has  the burden of proving by clear and
convincing evidence that the  committed  person  is  still  a
sexually violent person.
    (3)  If the court or jury is satisfied that the State has
not  met  its  burden of proof under paragraph (b)(2) of this
Section, the person shall be discharged from the  custody  or
supervision  of  the  Department.   If  the  court or jury is
satisfied that the State has met its burden  of  proof  under
paragraph (b)(2) of this Section, the court may proceed under
Section  40  of  this  Act to determine whether to modify the
person's existing commitment order.
(Source: P.A. 91-227, eff. 1-1-00; 92-415, eff. 8-17-01.)

    Section  22.  The Unified Code of Corrections is  amended
by  changing  Sections  3-3-7,  3-6-2,  3-9-7,  5-3-1, 5-3-2,
5-4-1, 5-6-3, and 5-7-1 as follows:

    (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
    Sec. 3-3-7.  Conditions of Parole or Mandatory Supervised
Release.
    (a)  The conditions of  parole  or  mandatory  supervised
release  shall  be  such  as  the Prisoner Review Board deems
necessary to assist the  subject  in  leading  a  law-abiding
life. The conditions of every parole and mandatory supervised
release are that the subject:
         (1)  not   violate   any  criminal  statute  of  any
    jurisdiction during the parole or release term;
         (2)  refrain from  possessing  a  firearm  or  other
    dangerous weapon;
         (3)  report   to  an  agent  of  the  Department  of
    Corrections;
         (4)  permit the agent to visit him or her at his  or
    her   home,   employment,  or  elsewhere  to  the  extent
    necessary for the agent to discharge his or her duties;
         (5)  attend or reside in a facility established  for
    the  instruction  or  residence  of  persons on parole or
    mandatory supervised release;
         (6)  secure permission before visiting or writing  a
    committed person in an Illinois Department of Corrections
    facility;
         (7)  report   all   arrests   to  an  agent  of  the
    Department of Corrections as soon  as  permitted  by  the
    arresting  authority  but in no event later than 24 hours
    after release from custody;
         (7.5)  if convicted of a sex offense as  defined  in
    the  Sex  Offender  Management  Board Act, the individual
    shall undergo  and  successfully  complete  sex  offender
    treatment  conducted  in  conformance  with the standards
    developed by the Sex Offender Management Board Act  by  a
    treatment provider approved by the Board;
         (8)  obtain permission of an agent of the Department
    of Corrections before leaving the State of Illinois;
         (9)  obtain permission of an agent of the Department
    of  Corrections  before  changing his or her residence or
    employment;
         (10)  consent to a search  of  his  or  her  person,
    property, or residence under his or her control;
         (11)  refrain   from   the   use  or  possession  of
    narcotics or other controlled substances in any form,  or
    both,  or  any  paraphernalia related to those substances
    and submit to a urinalysis test as instructed by a parole
    agent of the Department of Corrections;
         (12)  not   frequent   places    where    controlled
    substances  are  illegally  sold,  used,  distributed, or
    administered;
         (13)  not knowingly associate with other persons  on
    parole  or  mandatory  supervised  release  without prior
    written permission of his or her  parole  agent  and  not
    associate  with  persons  who are members of an organized
    gang as that term is defined in the  Illinois  Streetgang
    Terrorism Omnibus Prevention Act;
         (14)  provide  true  and accurate information, as it
    relates to his or her adjustment in the  community  while
    on  parole  or  mandatory supervised release or to his or
    her conduct while incarcerated, in response to  inquiries
    by  his  or  her  parole  agent  or  of the Department of
    Corrections; and
         (15)  follow any specific instructions  provided  by
    the  parole  agent  that  are  consistent with furthering
    conditions set and approved by the Prisoner Review  Board
    or   by   law,   exclusive  of  placement  on  electronic
    detention, to achieve the goals and objectives of his  or
    her  parole or mandatory supervised release or to protect
    the public. These instructions by the parole agent may be
    modified at any time, as the agent deems appropriate.
    (b)  The  Board  may  in  addition  to  other  conditions
require that the subject:
         (1)  work or pursue a course of study or  vocational
    training;
         (2)  undergo  medical  or  psychiatric treatment, or
    treatment for drug addiction or alcoholism;
         (3)  attend or reside in a facility established  for
    the  instruction  or residence of persons on probation or
    parole;
         (4)  support his dependents;
         (5)  (blank);
         (6)  (blank);
         (7)  comply with the  terms  and  conditions  of  an
    order  of  protection  issued  pursuant  to  the Illinois
    Domestic Violence  Act  of  1986,  enacted  by  the  84th
    General Assembly, or an order of protection issued by the
    court   of   another   state,  tribe,  or  United  States
    territory; and
         (8)  in addition, if a minor:
              (i)  reside with his parents  or  in  a  foster
         home;
              (ii)  attend school;
              (iii)  attend  a  non-residential  program  for
         youth; or
              (iv)  contribute  to his own support at home or
         in a foster home.
    (c)  The conditions under which the parole  or  mandatory
supervised  release  is to be served shall be communicated to
the person in writing prior to his release, and he shall sign
the same before release. A signed copy of  these  conditions,
including a copy of an order of protection where one had been
issued by the criminal court, shall be retained by the person
and  another  copy  forwarded to the officer in charge of his
supervision.
    (d)  After a hearing under Section  3-3-9,  the  Prisoner
Review   Board may modify or enlarge the conditions of parole
or mandatory supervised release.
    (e)  The Department shall inform all offenders  committed
to  the Department of the optional services available to them
upon release and shall assist inmates in availing  themselves
of  such  optional services upon their release on a voluntary
basis.
(Source: P.A. 91-903, eff. 1-1-01; 92-460, eff. 1-1-02.)

    (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
    Sec. 3-6-2.  Institutions and Facility Administration.
    (a)  Each institution  and  facility  of  the  Department
shall  be  administered  by  a  chief  administrative officer
appointed by the Director.  A  chief  administrative  officer
shall   be  responsible  for  all  persons  assigned  to  the
institution or facility.  The  chief  administrative  officer
shall  administer  the  programs  of  the  Department for the
custody and treatment of such persons.
    (b)  The chief administrative  officer  shall  have  such
assistants as the Department may assign.
    (c)  The  Director  or  Assistant Director shall have the
emergency powers to temporarily transfer individuals  without
formal procedures to any State, county, municipal or regional
correctional  or  detention  institution  or  facility in the
State,  subject  to  the   acceptance   of   such   receiving
institution  or  facility,  or  to  designate  any reasonably
secure place in the State as such an institution or  facility
and  to make transfers thereto. However, transfers made under
emergency powers shall be reviewed  as  soon  as  practicable
under Article 8, and shall be subject to Section 5-905 of the
Juvenile  Court Act of 1987.  This Section shall not apply to
transfers to the  Department  of  Human  Services  which  are
provided for under Section 3-8-5 or Section 3-10-5.
    (d)  The  Department  shall  provide educational programs
for all  committed  persons  so  that  all  persons  have  an
opportunity to attain the achievement level equivalent to the
completion  of  the twelfth grade in the public school system
in this State. Other higher levels  of  attainment  shall  be
encouraged  and  professional instruction shall be maintained
wherever possible. The Department may establish  programs  of
mandatory  education  and may establish rules and regulations
for the administration of such programs. A  person  committed
to  the  Department  who,  during  the  period  of his or her
incarceration,  participates  in   an   educational   program
provided  by  or  through  the  Department  and  through that
program is awarded or earns the number  of  hours  of  credit
required  for  the  award  of an associate, baccalaureate, or
higher  degree  from  a  community   college,   college,   or
university  located  in  Illinois  shall reimburse the State,
through the Department, for the costs incurred by  the  State
in providing that person during his or her incarceration with
the education that qualifies him or her for the award of that
degree.   The costs for which reimbursement is required under
this subsection shall  be  determined  and  computed  by  the
Department   under   rules  and  regulations  that  it  shall
establish for that purpose.  However, interest at the rate of
6% per annum shall be charged on the balance of  those  costs
from  time  to  time  remaining  unpaid, from the date of the
person's parole, mandatory  supervised  release,  or  release
constituting  a final termination of his or her commitment to
the Department until paid.
    (e)  A person committed to the Department who becomes  in
need  of  medical  or  surgical treatment but is incapable of
giving consent thereto shall receive such medical or surgical
treatment by the chief administrative officer  consenting  on
the  person's behalf. Before the chief administrative officer
consents, he or she shall obtain the advice of  one  or  more
physicians  licensed to practice medicine in all its branches
in this State.  If such physician or physicians advise:
         (1)  that immediate medical or surgical treatment is
    required relative to a  condition  threatening  to  cause
    death,  damage  or  impairment  to  bodily  functions, or
    disfigurement; and
         (2)  that  the  person  is  not  capable  of  giving
    consent  to  such  treatment;  the  chief  administrative
    officer may give consent for  such  medical  or  surgical
    treatment,  and  such  consent  shall be deemed to be the
    consent of the person for all  purposes,  including,  but
    not limited to, the authority of a physician to give such
    treatment.
    (f)  In  the  event that the person requires medical care
and treatment at  a  place  other  than  the  institution  or
facility,   the   person   may  be  removed  therefrom  under
conditions prescribed by the Department. The Department shall
require the committed  person  receiving  medical  or  dental
services  on  a non-emergency basis to pay a $2 co-payment to
the Department for each visit for medical or dental services.
The amount of each co-payment  shall  be  deducted  from  the
committed person's individual account. A committed person who
has  a  chronic  illness,  as defined by Department rules and
regulations, shall be  exempt  from  the  $2  co-payment  for
treatment  of  the chronic illness.  A committed person shall
not be subject  to  a  $2  co-payment  for  follow-up  visits
ordered  by  a  physician,  who  is employed by, or contracts
with, the Department.  A committed person who is indigent  is
exempt  from  the  $2  co-payment  and is entitled to receive
medical or dental services on the same basis as  a  committed
person  who  is  financially  able  to afford the co-payment.
Notwithstanding any other provision in this subsection (f) to
the contrary, any person committed to any  facility  operated
by  the  Juvenile Division, as set forth in subsection (b) of
Section 3-2-5 of this Code, is  exempt  from  the  co-payment
requirement   for   the  duration  of  confinement  in  those
facilities.
    (g)  Any person having sole custody of  a  child  at  the
time of commitment or any woman giving birth to a child after
her   commitment,  may  arrange  through  the  Department  of
Children and Family Services for suitable  placement  of  the
child  outside of the Department of Corrections. The Director
of the Department of Corrections may determine that there are
special reasons why the child should continue in the  custody
of the mother until the child is 6 years old.
    (h)  The  Department  may  provide  Family Responsibility
Services which may consist of, but  not  be  limited  to  the
following:
         (1)  family advocacy counseling;
         (2)  parent self-help group;
         (3)  parenting skills training;
         (4)  parent and child overnight program;
         (5)  parent   and  child  reunification  counseling,
    either separately or  together,  preceding  the  inmate's
    release; and
         (6)  a  prerelease  reunification staffing involving
    the  family   advocate,  the  inmate  and   the   child's
    counselor, or both and the inmate.
    (i)  Prior  to  the  release  of  any  inmate  who  has a
documented history of intravenous  drug  use,  and  upon  the
receipt  of  that  inmate's  written  informed  consent,  the
Department  shall  provide for the testing of such inmate for
infection with human immunodeficiency  virus  (HIV)  and  any
other identified causative agent of acquired immunodeficiency
syndrome  (AIDS).  The testing provided under this subsection
shall consist of an enzyme-linked immunosorbent assay (ELISA)
test or such other test as may be approved  by  the  Illinois
Department  of Public Health. If the test result is positive,
the Western Blot Assay or  more  reliable  confirmatory  test
shall  be administered. All inmates tested in accordance with
the provisions of this  subsection  shall  be  provided  with
pre-test   and   post-test  counseling.  Notwithstanding  any
provision of this subsection to the contrary, the  Department
shall  not  be required to conduct the testing and counseling
required by this subsection unless sufficient funds to  cover
all costs of such testing and counseling are appropriated for
that purpose by the General Assembly.
    (j)  Any  person convicted of a sex offense as defined in
the Sex Offender Management Board Act shall  be  required  to
receive  a  sex offender evaluation prior to release into the
community  from  the  Department  of  Corrections.   The  sex
offender evaluation shall be conducted  in  conformance  with
the standards and guidelines developed under the Sex Offender
Management  Board  Act  and  by  an evaluator approved by the
Board.
    (k)  Any   minor   committed   to   the   Department   of
Corrections-Juvenile Division for a sex offense as defined by
the Sex Offender Management Board Act shall  be  required  to
undergo  sex  offender  treatment  by  a  treatment  provider
approved  by  the Board and conducted in conformance with the
Sex Offender Management Board Act.
(Source: P.A. 91-912, eff. 7-7-00; 92-292, eff. 8-9-01.)

    (730 ILCS 5/3-9-7) (from Ch. 38, par. 1003-9-7)
    Sec. 3-9-7.  Sexual abuse counseling programs.
    (a)  The Juvenile  Division  shall  establish  and  offer
sexual  abuse  counseling to both victims of sexual abuse and
sexual offenders in as many facilities as necessary to insure
sexual abuse counseling throughout the State.
    (b)  Any   minor   committed   to   the   Department   of
Corrections-Juvenile Division for a sex  offense  as  defined
under the Sex Offender Management Board Act shall be required
to  undergo  sex  offender  treatment by a treatment provider
approved by the Board and conducted in conformance  with  the
standards developed by the Sex Offender Management Board Act.
(Source: P.A. 87-444.)

    (730 ILCS 5/5-3-1) (from Ch. 38, par. 1005-3-1)
    Sec.  5-3-1. Presentence Investigation. A defendant shall
not be sentenced for a felony before  a  written  presentence
report of investigation is presented to and considered by the
court.
    However,  in  cases  other  than  felony  sex offenses as
defined in the Sex Offender Management Board Act,  the  court
need  not  order  a presentence report of investigation where
both parties agree to the imposition of a specific  sentence,
provided  there  is  a  finding made for the record as to the
defendant's history of delinquency or criminality,  including
any  previous  sentence  to  a  term  of  probation, periodic
imprisonment, conditional discharge, or imprisonment.
    The court may order a presentence  investigation  of  any
defendant.
(Source: P.A. 80-1099.)

    (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
    Sec. 5-3-2.  Presentence Report.
    (a)  In  felony  cases,  the presentence report shall set
forth:
         (1)  the  defendant's  history  of  delinquency   or
    criminality,  physical  and mental history and condition,
    family  situation  and   background,   economic   status,
    education, occupation and personal habits;
         (2)  information  about special resources within the
    community  which  might  be  available  to   assist   the
    defendant's  rehabilitation, including treatment centers,
    residential  facilities,  vocational  training  services,
    correctional manpower programs, employment opportunities,
    special educational  programs,  alcohol  and  drug  abuse
    programming,  psychiatric  and  marriage  counseling, and
    other  programs  and  facilities  which  could  aid   the
    defendant's successful reintegration into society;
         (3)  the  effect  the offense committed has had upon
    the victim  or  victims  thereof,  and  any  compensatory
    benefit that various sentencing alternatives would confer
    on such victim or victims;
         (4)  information  concerning  the defendant's status
    since arrest, including his record if released on his own
    recognizance, or the defendant's  achievement  record  if
    released on a conditional pre-trial supervision program;
         (5)  when   appropriate,  a  plan,  based  upon  the
    personal, economic and social  adjustment  needs  of  the
    defendant,   utilizing   public   and  private  community
    resources as an alternative to institutional sentencing;
         (6)  any  other  matters  that   the   investigatory
    officer  deems  relevant  or  the  court  directs  to  be
    included; and
         (7)  information  concerning defendant's eligibility
    for a sentence to a county impact  incarceration  program
    under Section 5-8-1.2 of this Code.
    (b)  The  investigation  shall  include  a  physical  and
mental  examination  of  the defendant when so ordered by the
court.  If the court  determines  that  such  an  examination
should  be  made,  it shall issue an order that the defendant
submit to examination at such time and place as designated by
the court  and  that  such  examination  be  conducted  by  a
physician,  psychologist  or  psychiatrist  designated by the
court.  Such an examination  may  be  conducted  in  a  court
clinic  if  so  ordered  by  the  court.   The  cost  of such
examination shall be paid by the county in which the trial is
held.
    (b-5)  In cases involving  felony  sex  offenses  or  any
felony  offense  that is sexually motivated as defined in the
Sex Offender Management Board Act,  the  investigation  shall
include a sex offender evaluation by an evaluator approved by
the  Board  and  conducted  in conformance with the standards
developed under the Sex Offender Management Board Act.
    (c)  In misdemeanor, business offense  or  petty  offense
cases, except as specified in subsection (d) of this Section,
when a presentence report has been ordered by the court, such
presentence   report   shall   contain   information  on  the
defendant's history of delinquency or criminality  and  shall
further   contain   only  those  matters  listed  in  any  of
paragraphs (1) through (6) of subsection (a) or in subsection
(b) of this Section  as are specified by  the  court  in  its
order for the report.
    (d)  In  cases  under  Section 12-15 and Section 12-30 of
the Criminal Code of 1961, as amended, the presentence report
shall  set  forth  information  about  alcohol,  drug  abuse,
psychiatric,  and  marriage  counseling  or  other  treatment
programs  and  facilities,  information  on  the  defendant's
history of delinquency  or  criminality,  and  shall  contain
those  additional  matters  listed  in  any of paragraphs (1)
through (6) of subsection (a) or in subsection  (b)  of  this
Section as are specified by the court.
    (e)  Nothing in this Section shall cause the defendant to
be  held  without  bail  or  to have his bail revoked for the
purpose of preparing the  presentence  report  or  making  an
examination.
(Source: P.A. 89-587, eff. 7-31-96.)

    (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
    Sec. 5-4-1.  Sentencing Hearing.
    (a)  Except  when  the  death  penalty  is  sought  under
hearing procedures otherwise specified, after a determination
of  guilt,  a  hearing  shall be held to impose the sentence.
However, prior to the imposition of sentence on an individual
being sentenced for an offense based  upon  a  charge  for  a
violation of Section 11-501 of the Illinois Vehicle Code or a
similar  provision  of a local ordinance, the individual must
undergo a professional evaluation to determine if an  alcohol
or  other  drug abuse problem exists and the extent of such a
problem.  Programs  conducting  these  evaluations  shall  be
licensed  by  the  Department of Human Services.  However, if
the individual is not a resident of Illinois, the court  may,
in its discretion, accept an evaluation from a program in the
state  of  such  individual's residence. The court may in its
sentencing order approve an eligible defendant for  placement
in  a  Department of Corrections impact incarceration program
as provided in Section 5-8-1.1 or 5-8-1.3.   At  the  hearing
the court shall:
         (1)  consider  the  evidence,  if any, received upon
    the trial;
         (2)  consider any presentence reports;
         (3)  consider the financial impact of  incarceration
    based  on  the  financial impact statement filed with the
    clerk of the court by the Department of Corrections;
         (4)  consider evidence and  information  offered  by
    the parties in aggravation and mitigation;
         (5)  hear arguments as to sentencing alternatives;
         (6)  afford  the defendant the opportunity to make a
    statement in his own behalf;
         (7)  afford the victim  of  a  violent  crime  or  a
    violation of Section 11-501 of the Illinois Vehicle Code,
    or  a  similar  provision  of  a  local  ordinance,  or a
    qualified individual affected by a violation  of  Section
    405,  405.1,  405.2,  or  407  of the Illinois Controlled
    Substances  Act,   committed   by   the   defendant   the
    opportunity  to make a statement concerning the impact on
    the victim  and  to  offer  evidence  in  aggravation  or
    mitigation;  provided  that  the  statement  and evidence
    offered  in  aggravation  or  mitigation  must  first  be
    prepared in  writing  in  conjunction  with  the  State's
    Attorney  before  it  may  be  presented  orally  at  the
    hearing.  Any  sworn  testimony  offered by the victim is
    subject to the defendant's right  to  cross-examine.  All
    statements  and evidence offered under this paragraph (7)
    shall become part of the record of the  court.   For  the
    purpose  of  this  paragraph  (7), "qualified individual"
    means any person who  (i)  lived  or  worked  within  the
    territorial  jurisdiction  where  the  offense took place
    when the offense took place; and (ii)  is  familiar  with
    various public places within the territorial jurisdiction
    where the offense took place when the offense took place.
    For  the  purposes  of  this  paragraph  (7),  "qualified
    individual"  includes any peace officer, or any member of
    any duly organized State, county, or municipal peace unit
    assigned  to  the  territorial  jurisdiction  where   the
    offense took place when the offense took place; and
         (8)  in   cases  of  reckless  homicide  afford  the
    victim's spouse, guardians, parents  or  other  immediate
    family  members  an  opportunity to make oral statements;
    and.
         (9)  in cases involving  a  felony  sex  offense  as
    defined  under  the  Sex  Offender  Management Board Act,
    consider the  results  of  the  sex  offender  evaluation
    conducted pursuant to Section 5-3-2 of this Act.
    (b)  All  sentences  shall  be imposed by the judge based
upon his independent assessment  of  the  elements  specified
above  and  any  agreement  as  to  sentence  reached  by the
parties.  The judge who presided at the trial  or  the  judge
who  accepted  the  plea  of guilty shall impose the sentence
unless he is no longer sitting as  a  judge  in  that  court.
Where  the judge does not impose sentence at the same time on
all defendants  who  are  convicted  as  a  result  of  being
involved  in  the  same offense, the defendant or the State's
Attorney may advise the sentencing court of  the  disposition
of any other defendants who have been sentenced.
    (c)  In imposing a sentence for a violent crime or for an
offense  of  operating  or  being  in  physical  control of a
vehicle while under the influence of alcohol, any other  drug
or any combination thereof, or a similar provision of a local
ordinance,  when such offense resulted in the personal injury
to someone other than the defendant, the  trial  judge  shall
specify  on  the record the particular evidence, information,
factors in mitigation and aggravation or other  reasons  that
led to his sentencing determination. The full verbatim record
of  the  sentencing  hearing shall be filed with the clerk of
the court and shall be a public record.
    (c-1)  In  imposing  a  sentence  for  the   offense   of
aggravated   kidnapping  for  ransom,  home  invasion,  armed
robbery, aggravated vehicular hijacking, aggravated discharge
of a firearm, or armed violence with a category I  weapon  or
category  II  weapon, the trial judge shall make a finding as
to whether the conduct leading to conviction for the  offense
resulted  in  great  bodily harm to a victim, and shall enter
that finding and the basis for that finding in the record.
    (c-2)  If the defendant is  sentenced  to  prison,  other
than  when  a  sentence  of  natural  life  imprisonment or a
sentence of death is imposed, at the  time  the  sentence  is
imposed the judge shall state on the record in open court the
approximate  period  of  time  the  defendant  will  serve in
custody according to the then  current  statutory  rules  and
regulations  for  early  release  found  in Section 3-6-3 and
other related provisions of this  Code.   This  statement  is
intended  solely to inform the public, has no legal effect on
the defendant's actual release, and may not be relied  on  by
the defendant on appeal.
    The  judge's statement, to be given after pronouncing the
sentence, other than when the sentence is imposed for one  of
the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
shall include the following:
    "The purpose of this statement is to inform the public of
the  actual  period of time this defendant is likely to spend
in prison as a result of this sentence.  The actual period of
prison time served is determined by the statutes of  Illinois
as  applied  to  this  sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board.  In  this
case,  assuming the defendant receives all of his or her good
conduct credit, the period of estimated actual custody is ...
years and ... months, less up to  180  days  additional  good
conduct  credit  for  meritorious service.  If the defendant,
because of his or her own misconduct  or  failure  to  comply
with  the  institutional  regulations, does not receive those
credits, the actual time served in  prison  will  be  longer.
The  defendant  may  also  receive an additional one-half day
good  conduct  credit  for  each  day  of  participation   in
vocational,   industry,   substance  abuse,  and  educational
programs as provided for by Illinois statute."
    When the sentence is imposed  for  one  of  the  offenses
enumerated  in  paragraph (a)(3) of Section 3-6-3, other than
when  the  sentence  is  imposed  for  one  of  the  offenses
enumerated in paragraph (a)(2) of Section 3-6-3 committed  on
or  after  June 19, 1998, and other than when the sentence is
imposed for reckless homicide as defined in subsection (e) of
Section 9-3 of the Criminal Code of 1961 if the  offense  was
committed  on  or  after January 1, 1999, and other than when
the sentence is imposed for aggravated arson if  the  offense
was  committed  on  or  after  the  effective  date  of  this
amendatory  Act  of  the  92nd  General Assembly, the judge's
statement, to be given after pronouncing the sentence,  shall
include the following:
    "The purpose of this statement is to inform the public of
the  actual  period of time this defendant is likely to spend
in prison as a result of this sentence.  The actual period of
prison time served is determined by the statutes of  Illinois
as  applied  to  this  sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board.  In  this
case,  assuming the defendant receives all of his or her good
conduct credit, the period of estimated actual custody is ...
years and ... months, less up  to  90  days  additional  good
conduct  credit  for  meritorious service.  If the defendant,
because of his or her own misconduct  or  failure  to  comply
with  the  institutional  regulations, does not receive those
credits, the actual time served in  prison  will  be  longer.
The  defendant  may  also  receive an additional one-half day
good  conduct  credit  for  each  day  of  participation   in
vocational,   industry,   substance  abuse,  and  educational
programs as provided for by Illinois statute."
    When the sentence is imposed  for  one  of  the  offenses
enumerated  in  paragraph (a)(2) of Section 3-6-3, other than
first degree murder, and the  offense  was  committed  on  or
after  June  19,  1998,  and when the sentence is imposed for
reckless homicide as defined in subsection (e) of Section 9-3
of the Criminal Code of 1961 if the offense was committed  on
or  after  January  1, 1999, and when the sentence is imposed
for aggravated arson if the offense was committed on or after
the effective date of this amendatory Act of the 92nd General
Assembly,  the  judge's  statement,   to   be   given   after
pronouncing the sentence, shall include the following:
    "The purpose of this statement is to inform the public of
the  actual  period of time this defendant is likely to spend
in prison as a result of this sentence.  The actual period of
prison time served is determined by the statutes of  Illinois
as  applied  to  this  sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board.  In  this
case, the defendant is entitled to no more than 4 1/2 days of
good  conduct credit for each month of his or her sentence of
imprisonment.  Therefore, this defendant will serve at  least
85%  of his or her sentence.  Assuming the defendant receives
4 1/2 days credit for each month of his or her sentence,  the
period  of  estimated  actual  custody  is  ... years and ...
months.   If  the  defendant,  because  of  his  or  her  own
misconduct  or  failure  to  comply  with  the  institutional
regulations receives lesser credit, the actual time served in
prison will be longer."
    When a sentence of  imprisonment  is  imposed  for  first
degree  murder and the offense was committed on or after June
19,  1998,  the  judge's  statement,  to   be   given   after
pronouncing the sentence, shall include the following:
    "The purpose of this statement is to inform the public of
the  actual  period of time this defendant is likely to spend
in prison as a result of this sentence.  The actual period of
prison time served is determined by the statutes of  Illinois
as  applied  to  this  sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board.  In  this
case,  the  defendant is not entitled to good conduct credit.
Therefore, this defendant will  serve  100%  of  his  or  her
sentence."
    (d)  When the defendant is committed to the Department of
Corrections,  the  State's Attorney shall and counsel for the
defendant may file a statement with the clerk of the court to
be transmitted to the department, agency  or  institution  to
which  the defendant is committed to furnish such department,
agency or institution with the facts and circumstances of the
offense for which the person was committed together with  all
other factual information accessible to them in regard to the
person  prior  to  his  commitment  relative  to  his habits,
associates, disposition and reputation and  any  other  facts
and  circumstances  which  may aid such department, agency or
institution during its custody of  such  person.   The  clerk
shall  within  10  days  after  receiving any such statements
transmit a copy to such department, agency or institution and
a copy to the other party, provided, however, that this shall
not be cause  for  delay  in  conveying  the  person  to  the
department,  agency  or  institution  to  which  he  has been
committed.
    (e)  The  clerk  of  the  court  shall  transmit  to  the
department, agency or  institution,  if  any,  to  which  the
defendant is committed, the following:
         (1)  the sentence imposed;
         (2)  any  statement  by  the  court of the basis for
    imposing the sentence;
         (3)  any presentence reports;
         (3.5)  any sex offender evaluations;
         (4)  the number of days, if any, which the defendant
    has been in custody and  for  which  he  is  entitled  to
    credit  against  the sentence, which information shall be
    provided to the clerk by the sheriff;
         (4.1)  any finding of great bodily harm made by  the
    court with respect to an offense enumerated in subsection
    (c-1);
         (5)  all  statements  filed  under subsection (d) of
    this Section;
         (6)  any  medical  or  mental  health   records   or
    summaries of the defendant;
         (7)  the   municipality  where  the  arrest  of  the
    offender or the commission of the offense  has  occurred,
    where  such  municipality  has  a population of more than
    25,000 persons;
         (8)  all statements made and evidence offered  under
    paragraph (7) of subsection (a) of this Section; and
         (9)  all  additional matters which the court directs
    the clerk to transmit.
(Source: P.A. 91-357,  eff.  7-29-99;  91-899,  eff.  1-1-01;
92-176, eff. 7-27-01; 92-806, eff. 1-1-03; revised 9-18-02.)

    (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
    Sec.  5-6-3.  Conditions  of Probation and of Conditional
Discharge.
    (a)  The  conditions  of  probation  and  of  conditional
discharge shall be that the person:
         (1)  not  violate  any  criminal  statute   of   any
    jurisdiction;
         (2)  report  to  or  appear  in  person  before such
    person or agency as directed by the court;
         (3)  refrain from  possessing  a  firearm  or  other
    dangerous weapon;
         (4)  not  leave the State without the consent of the
    court or, in circumstances in which the  reason  for  the
    absence is of such an emergency nature that prior consent
    by   the   court  is  not  possible,  without  the  prior
    notification  and  approval  of  the  person's  probation
    officer.  Transfer of a person's probation or conditional
    discharge supervision to  another  state  is  subject  to
    acceptance  by the other state pursuant to the Interstate
    Compact for Adult Offender Supervision;
         (5)  permit the probation officer to  visit  him  at
    his   home  or  elsewhere  to  the  extent  necessary  to
    discharge his duties;
         (6)  perform no less  than  30  hours  of  community
    service and not more than 120 hours of community service,
    if community service is available in the jurisdiction and
    is  funded  and  approved  by  the county board where the
    offense was committed, where the offense was  related  to
    or  in  furtherance  of  the  criminal  activities  of an
    organized  gang  and  was  motivated  by  the  offender's
    membership in or allegiance to an  organized  gang.   The
    community  service  shall include, but not be limited to,
    the  cleanup  and  repair  of  any  damage  caused  by  a
    violation of Section 21-1.3 of the Criminal Code of  1961
    and   similar  damage  to  property  located  within  the
    municipality or county in which the  violation  occurred.
    When  possible  and  reasonable,  the  community  service
    should  be performed in the offender's neighborhood.  For
    purposes  of  this  Section,  "organized  gang"  has  the
    meaning ascribed to it in  Section  10  of  the  Illinois
    Streetgang Terrorism Omnibus Prevention Act;
         (7)  if  he  or  she is at least 17 years of age and
    has been sentenced to probation or conditional  discharge
    for  a  misdemeanor or felony in a county of 3,000,000 or
    more inhabitants and has not been previously convicted of
    a  misdemeanor  or  felony,  may  be  required   by   the
    sentencing  court  to attend educational courses designed
    to prepare the defendant for a high school diploma and to
    work toward a high  school  diploma  or  to  work  toward
    passing the high school level Test of General Educational
    Development   (GED)  or   to  work  toward  completing  a
    vocational training program approved by the  court.   The
    person  on probation or conditional discharge must attend
    a  public  institution  of  education   to   obtain   the
    educational  or  vocational  training  required  by  this
    clause  (7).   The  court  shall  revoke the probation or
    conditional discharge of a person who wilfully  fails  to
    comply  with this clause (7).  The person on probation or
    conditional discharge shall be required to  pay  for  the
    cost  of the educational courses or GED test, if a fee is
    charged for those  courses  or  test.   The  court  shall
    resentence  the  offender  whose probation or conditional
    discharge has been revoked as provided in Section  5-6-4.
    This  clause  (7)  does  not  apply to a person who has a
    high school diploma or has successfully  passed  the  GED
    test.  This clause (7)  does not apply to a person who is
    determined by the court to be developmentally disabled or
    otherwise   mentally   incapable   of   completing    the
    educational or vocational program;
         (8)  if  convicted  of  possession  of  a  substance
    prohibited  by  the  Cannabis  Control  Act  or  Illinois
    Controlled  Substances Act after a previous conviction or
    disposition of supervision for possession of a  substance
    prohibited  by  the  Cannabis  Control  Act  or  Illinois
    Controlled   Substances   Act  or  after  a  sentence  of
    probation under Section 10 of the Cannabis Control Act or
    Section 410 of the Illinois Controlled Substances Act and
    upon a finding by the court that the person is  addicted,
    undergo  treatment  at a substance abuse program approved
    by the court; and
         (8.5)  if convicted  of  a  felony  sex  offense  as
    defined  in  the  Sex  Offender Management Board Act, the
    person  shall  undergo  and  successfully  complete   sex
    offender  treatment  by  a treatment provider approved by
    the Board and conducted in conformance with the standards
    developed under the Sex Offender  Management  Board  Act;
    and
         (9)  if  convicted of a felony, physically surrender
    at a time and place designated by the court, his  or  her
    Firearm  Owner's  Identification  Card  and  any  and all
    firearms in his or her possession.
    (b)  The  Court  may  in  addition  to  other  reasonable
conditions relating to the  nature  of  the  offense  or  the
rehabilitation  of  the  defendant  as  determined  for  each
defendant  in the proper discretion of the Court require that
the person:
         (1)  serve a term  of  periodic  imprisonment  under
    Article  7  for  a period not to exceed that specified in
    paragraph (d)  of Section 5-7-1;
         (2)  pay a fine and costs;
         (3)  work or pursue a course of study or  vocational
    training;
         (4)  undergo  medical,  psychological or psychiatric
    treatment; or treatment for drug addiction or alcoholism;
         (5)  attend or reside in a facility established  for
    the instruction or residence of defendants on probation;
         (6)  support his dependents;
         (7)  and in addition, if a minor:
              (i)  reside  with  his  parents  or in a foster
         home;
              (ii)  attend school;
              (iii)  attend  a  non-residential  program  for
         youth;
              (iv)  contribute to his own support at home  or
         in a foster home;
              (v)  with  the consent of the superintendent of
         the facility, attend an  educational  program  at  a
         facility  other than the school in which the offense
         was committed if he or she is convicted of  a  crime
         of  violence  as  defined  in Section 2 of the Crime
         Victims Compensation Act committed in a  school,  on
         the  real  property  comprising  a school, or within
         1,000 feet of the real property comprising a school;
         (8)  make restitution as provided in  Section  5-5-6
    of this Code;
         (9)  perform  some  reasonable  public  or community
    service;
         (10)  serve a term of home confinement.  In addition
    to  any  other  applicable  condition  of  probation   or
    conditional discharge, the conditions of home confinement
    shall be that the offender:
              (i)  remain within the interior premises of the
         place  designated  for  his  confinement  during the
         hours designated by the court;
              (ii)  admit any person or agent  designated  by
         the  court  into the offender's place of confinement
         at any time for purposes of verifying the offender's
         compliance with the conditions of  his  confinement;
         and
              (iii)  if further deemed necessary by the court
         or  the  Probation  or Court Services Department, be
         placed on an approved electronic monitoring  device,
         subject to Article 8A of Chapter V;
              (iv)  for  persons  convicted  of  any alcohol,
         cannabis or controlled substance violation  who  are
         placed   on  an  approved  monitoring  device  as  a
         condition of probation or conditional discharge, the
         court shall impose a reasonable fee for each day  of
         the  use of the device, as established by the county
         board in subsection  (g)  of  this  Section,  unless
         after  determining  the inability of the offender to
         pay the fee, the court assesses a lesser fee  or  no
         fee as the case may be. This fee shall be imposed in
         addition  to  the  fees  imposed  under  subsections
         (g)  and  (i)  of  this  Section.  The  fee shall be
         collected by the clerk of the  circuit  court.   The
         clerk  of  the  circuit  court  shall pay all monies
         collected from this fee to the county treasurer  for
         deposit  in  the substance abuse services fund under
         Section 5-1086.1 of the Counties Code; and
              (v)  for persons convicted  of  offenses  other
         than  those referenced in clause (iv)  above and who
         are placed on an approved  monitoring  device  as  a
         condition of probation or conditional discharge, the
         court  shall impose a reasonable fee for each day of
         the use of the device, as established by the  county
         board  in  subsection  (g)  of  this Section, unless
         after determining the inability of the defendant  to
         pay  the  fee, the court assesses a lesser fee or no
         fee as the case may be.  This fee shall  be  imposed
         in  addition  to  the fees imposed under subsections
         (g)  and (i)  of this Section.   The  fee  shall  be
         collected  by  the  clerk of the circuit court.  The
         clerk of the circuit  court  shall  pay  all  monies
         collected  from this fee to the county treasurer who
         shall use the monies collected to defray  the  costs
         of  corrections.  The county treasurer shall deposit
         the fee collected in the county  working  cash  fund
         under  Section  6-27001  or  Section  6-29002 of the
         Counties Code, as the case may be.
         (11)  comply with the terms  and  conditions  of  an
    order  of  protection issued by the court pursuant to the
    Illinois  Domestic  Violence  Act  of  1986,  as  now  or
    hereafter amended, or an order of  protection  issued  by
    the  court  of  another  state,  tribe,  or United States
    territory. A copy of the order  of  protection  shall  be
    transmitted  to  the  probation  officer or agency having
    responsibility for the case;
         (12)  reimburse any "local  anti-crime  program"  as
    defined  in  Section 7 of the Anti-Crime Advisory Council
    Act for any reasonable expenses incurred by  the  program
    on  the offender's case, not to exceed the maximum amount
    of the fine authorized for  the  offense  for  which  the
    defendant was sentenced;
         (13)  contribute  a  reasonable sum of money, not to
    exceed the maximum amount of the fine authorized for  the
    offense  for  which  the  defendant  was  sentenced, to a
    "local anti-crime program", as defined in  Section  7  of
    the Anti-Crime Advisory Council Act;
         (14)  refrain   from   entering  into  a  designated
    geographic area except upon such terms as the court finds
    appropriate. Such terms may include consideration of  the
    purpose  of  the  entry,  the  time of day, other persons
    accompanying the defendant, and  advance  approval  by  a
    probation  officer,  if  the defendant has been placed on
    probation or  advance  approval  by  the  court,  if  the
    defendant was placed on conditional discharge;
         (15)  refrain  from  having any contact, directly or
    indirectly, with certain specified persons or  particular
    types of persons, including but not limited to members of
    street gangs and drug users or dealers;
         (16)  refrain  from  having  in  his or her body the
    presence of any illicit drug prohibited by  the  Cannabis
    Control  Act  or  the Illinois Controlled Substances Act,
    unless prescribed by a physician, and submit  samples  of
    his  or her blood or urine or both for tests to determine
    the presence of any illicit drug.
    (c)  The court may as a  condition  of  probation  or  of
conditional discharge require that a person under 18 years of
age  found  guilty  of  any  alcohol,  cannabis or controlled
substance  violation,  refrain  from  acquiring  a   driver's
license   during  the  period  of  probation  or  conditional
discharge.  If such person is in possession of  a  permit  or
license,  the  court  may require that the minor refrain from
driving or operating any motor vehicle during the  period  of
probation   or   conditional  discharge,  except  as  may  be
necessary in the course of the minor's lawful employment.
    (d)  An offender sentenced to probation or to conditional
discharge shall be given  a  certificate  setting  forth  the
conditions thereof.
    (e)  Except  where the offender has committed a fourth or
subsequent violation of subsection (c)  of Section  6-303  of
the  Illinois  Vehicle Code, the court shall not require as a
condition  of  the  sentence  of  probation  or   conditional
discharge  that  the  offender  be  committed  to a period of
imprisonment in excess of 6 months. This 6 month limit  shall
not  include  periods  of  confinement  given  pursuant  to a
sentence  of  county  impact  incarceration   under   Section
5-8-1.2.  This  6  month  limit  does  not  apply to a person
sentenced to probation as a  result  of  a  conviction  of  a
fourth or subsequent violation of subsection (c-4) of Section
11-501 of the Illinois Vehicle Code or a similar provision of
a local ordinance.
    Persons  committed  to  imprisonment  as  a  condition of
probation or conditional discharge shall not be committed  to
the Department of Corrections.
    (f)  The   court  may  combine  a  sentence  of  periodic
imprisonment under Article 7 or a sentence to a county impact
incarceration program under Article  8  with  a  sentence  of
probation or conditional discharge.
    (g)  An offender sentenced to probation or to conditional
discharge  and  who  during  the  term  of  either  undergoes
mandatory drug or alcohol testing, or both, or is assigned to
be  placed on an approved electronic monitoring device, shall
be ordered to pay all costs incidental to such mandatory drug
or alcohol testing, or both, and all costs incidental to such
approved  electronic  monitoring  in  accordance   with   the
defendant's  ability  to  pay  those costs.  The county board
with the concurrence of  the  Chief  Judge  of  the  judicial
circuit  in  which  the  county  is  located  shall establish
reasonable fees for the cost  of  maintenance,  testing,  and
incidental  expenses related to the mandatory drug or alcohol
testing, or  both,  and  all  costs  incidental  to  approved
electronic  monitoring,  involved  in  a successful probation
program for the county.  The concurrence of the  Chief  Judge
shall  be  in  the  form of an administrative order. The fees
shall be collected by the clerk of the  circuit  court.   The
clerk  of  the  circuit  court shall pay all moneys collected
from these fees to the county treasurer  who  shall  use  the
moneys collected to defray the costs of drug testing, alcohol
testing,  and  electronic  monitoring.  The  county treasurer
shall deposit the fees collected in the county  working  cash
fund under Section 6-27001 or Section 6-29002 of the Counties
Code, as the case may be.
    (h)  Jurisdiction  over  an  offender  may be transferred
from the sentencing court to the  court  of  another  circuit
with  the  concurrence  of both courts.  Further transfers or
retransfers of jurisdiction are also authorized in  the  same
manner.  The court to which jurisdiction has been transferred
shall have the same powers as the sentencing court.
    (i)  The court shall impose upon an offender sentenced to
probation  after  January 1, 1989 or to conditional discharge
after January 1, 1992, as a condition of  such  probation  or
conditional  discharge,  a  fee  of $35 $25 for each month of
probation or conditional discharge supervision ordered by the
court, unless after determining the inability of  the  person
sentenced  to  probation  or conditional discharge to pay the
fee, the court assesses a  lesser  fee.  The  court  may  not
impose  the  fee  on  a minor who is made a ward of the State
under the Juvenile Court Act of 1987 while the  minor  is  in
placement. The fee shall be imposed only upon an offender who
is  actively  supervised  by the probation and court services
department.  The fee shall be collected by the clerk  of  the
circuit  court.  The clerk of the circuit court shall deposit
the first $25 pay all monies collected from this fee  to  the
county  treasurer  for  deposit  in  the  probation and court
services  fund  under  Section  15.1  of  the  Probation  and
Probation Officers Act. The clerk of the court shall  deposit
$10  collected from this fee into the Sex Offender Management
Board Fund under Section 19 of the  Sex  Offender  Management
Board  Act.  Money deposited into the Sex Offender Management
Board  Fund  shall  be  administered  by  the  Sex   Offender
Management  Board  and  be used to fund practices endorsed or
required  under  the  Sex  Offender  Management  Board   Act,
including   but  not  limited  to  sex  offender  evaluation,
treatment,  and  monitoring  programs  that  are  or  may  be
developed by the agency providing supervision, the Department
of Corrections or the Department of Human Services. This Fund
shall also be used for administrative costs, including staff,
incurred by the Board.
    (j)  All fines and costs imposed under this  Section  for
any  violation  of  Chapters  3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of  a  local  ordinance,
and any violation of the Child Passenger Protection Act, or a
similar  provision  of  a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under  Section
27.5 of the Clerks of Courts Act.
(Source: P.A.  91-325,  eff.  7-29-99;  91-696, eff. 4-13-00;
91-903,  eff.  1-1-01;  92-282,  eff.  8-7-01;  92-340,  eff.
8-10-01; 92-418, eff. 8-17-01; 92-442, eff. 8-17-01;  92-571,
eff. 6-26-02; 92-651, eff. 7-11-02.)

    (730 ILCS 5/5-7-1) (from Ch. 38, par. 1005-7-1)
    Sec. 5-7-1.  Sentence of Periodic Imprisonment.
    (a)  A sentence of periodic imprisonment is a sentence of
imprisonment   during  which  the  committed  person  may  be
released for periods of time during the day or night  or  for
periods  of days, or both, or if convicted of a felony, other
than first degree murder,  a  Class  X  or  Class  1  felony,
committed  to any county, municipal, or regional correctional
or detention institution or facility in this State  for  such
periods  of  time  as  the court may direct. Unless the court
orders otherwise, the  particular  times  and  conditions  of
release shall be determined by the Department of Corrections,
the   sheriff,   or   the  Superintendent  of  the  house  of
corrections, who is administering the program.
    (b)  A sentence of periodic imprisonment may  be  imposed
to permit the defendant to:
         (1)  seek employment;
         (2)  work;
         (3)  conduct   a  business  or  other  self-employed
    occupation including housekeeping;
         (4)  attend to family needs;
         (5)  attend an  educational  institution,  including
    vocational education;
         (6)  obtain medical or psychological treatment;
         (7)  perform  work duties at a county, municipal, or
    regional  correctional  or   detention   institution   or
    facility;
         (8)  continue  to  reside  at  home  with or without
    supervision involving the use of an  approved  electronic
    monitoring device, subject to Article 8A of Chapter V; or
         (9)  for any other purpose determined by the court.
    (c)  Except  where prohibited by other provisions of this
Code,  the  court  may  impose   a   sentence   of   periodic
imprisonment  for  a felony or misdemeanor on a person who is
17 years of age or  older.  The  court  shall  not  impose  a
sentence of periodic imprisonment if it imposes a sentence of
imprisonment upon the defendant in excess of 90 days.
    (d)  A  sentence  of periodic imprisonment shall be for a
definite term of from 3 to 4 years for a Class 1  felony,  18
to  30  months  for a Class 2 felony, and up to 18 months, or
the longest sentence of imprisonment that  could  be  imposed
for  the  offense, whichever is less, for all other offenses;
however, no person shall be sentenced to a term  of  periodic
imprisonment  longer  than  one  year if he is committed to a
county  correctional  institution   or   facility,   and   in
conjunction  with  that sentence participate in a county work
release program  comparable  to  the  work  and  day  release
program  provided  for  in  Article 13 of the Unified Code of
Corrections in State facilities. The  term  of  the  sentence
shall  be  calculated  upon  the basis of the duration of its
term rather than upon the basis of the actual days  spent  in
confinement.   No  sentence of periodic imprisonment shall be
subject to the good time credit provisions of  Section  3-6-3
of this Code.
    (e)  When  the  court  imposes  a  sentence  of  periodic
imprisonment, it shall state:
         (1)  the term of such sentence;
         (2)  the  days  or parts of days which the defendant
    is to be confined;
         (3)  the conditions.
    (f)  The court may issue an order of protection  pursuant
to  the Illinois Domestic Violence Act of 1986 as a condition
of a sentence of periodic imprisonment. The Illinois Domestic
Violence Act of 1986 shall govern the  issuance,  enforcement
and  recording  of  orders  of  protection  issued under this
Section.  A  copy  of  the  order  of  protection  shall   be
transmitted to the person or agency having responsibility for
the case.
    (f-5)  An  offender  sentenced  to  a  term  of  periodic
imprisonment  for  a felony sex offense as defined in the Sex
Offender Management Board Act shall be  required  to  undergo
and   successfully  complete  sex  offender  treatment  by  a
treatment provider approved by the  Board  and  conducted  in
conformance  with  the  standards  developed  under  the  Sex
Offender Management Board Act.
    (g)  An  offender  sentenced to periodic imprisonment who
undergoes mandatory drug or alcohol testing, or both,  or  is
assigned  to  be  placed on an approved electronic monitoring
device, shall be ordered to pay the costs incidental to  such
mandatory  drug  or  alcohol  testing,  or  both,  and  costs
incidental   to   such   approved  electronic  monitoring  in
accordance with the defendant's ability to pay  those  costs.
The  county  board with the concurrence of the Chief Judge of
the judicial circuit in which the  county  is  located  shall
establish  reasonable  fees  for  the  cost  of  maintenance,
testing,  and  incidental  expenses  related to the mandatory
drug or alcohol testing, or both, and all costs incidental to
approved electronic  monitoring,  of  all  offenders  with  a
sentence  of  periodic  imprisonment.  The concurrence of the
Chief Judge shall be in the form of an administrative  order.
The  fees  shall  be  collected  by  the clerk of the circuit
court.  The clerk of the circuit court shall pay  all  moneys
collected  from  these fees to the county treasurer who shall
use the moneys  collected  to  defray  the  costs  of    drug
testing,  alcohol  testing,  and  electronic monitoring.  The
county treasurer shall deposit  the  fees  collected  in  the
county  working  cash  fund  under Section 6-27001 or Section
6-29002 of the Counties Code, as the case may be.
    (h)  All fees and costs imposed under  this  Section  for
any  violation  of  Chapters  3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of  a  local  ordinance,
and any violation of the Child Passenger Protection Act, or a
similar  provision  of  a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under  Section
27.5 of the Clerks of Courts Act.
    (i)  A  defendant  at  least  17  years  of  age  who  is
convicted of a misdemeanor or felony in a county of 3,000,000
or more inhabitants and who has not been previously convicted
of  a  misdemeanor or a felony and who is sentenced to a term
of periodic imprisonment may as a condition  of  his  or  her
sentence  be  required  by  the  court  to attend educational
courses designed to prepare the defendant for a  high  school
diploma and to work toward receiving a high school diploma or
to  work toward passing the high school level Test of General
Educational Development (GED) or to work toward completing  a
vocational  training  program  approved  by  the  court.  The
defendant sentenced to periodic imprisonment  must  attend  a
public  institution of education to obtain the educational or
vocational training required by  this  subsection  (i).   The
defendant  sentenced to a term of periodic imprisonment shall
be required to pay for the cost of the educational courses or
GED test, if a fee is charged for those courses or test.  The
court  shall  revoke the sentence of periodic imprisonment of
the  defendant  who  wilfully  fails  to  comply  with   this
subsection  (i).   The  court  shall resentence the defendant
whose sentence of periodic imprisonment has been  revoked  as
provided  in  Section  5-7-2.   This  subsection (i) does not
apply to a defendant who has a high  school  diploma  or  has
successfully  passed  the  GED test. This subsection (i) does
not apply to a defendant who is determined by the court to be
developmentally disabled or otherwise mentally  incapable  of
completing the educational or vocational program.
(Source:  P.A.  89-688,  eff.  6-1-97;  90-399,  eff. 1-1-98;
90-655, eff. 7-30-98.)

    Section 25.  The Probation and Probation Officers Act  is
amended by changing Section 15.1 as follows:

    (730 ILCS 110/15.1) (from Ch. 38, par. 204-7.1)
    Sec. 15.1.  Probation and Court Services Fund.
    (a)  The  county treasurer in each county shall establish
a probation  and  court  services  fund  consisting  of  fees
collected  pursuant  to  subsection  (i) of Section 5-6-3 and
subsection (i) of Section 5-6-3.1  of  the  Unified  Code  of
Corrections,  subsection (10) of Section 5-615 and subsection
(5) of Section 5-715 of the Juvenile Court Act of  1987,  and
paragraph  14.3  of  subsection  (b) of Section 110-10 of the
Code of Criminal Procedure of 1963.    The  county  treasurer
shall  disburse monies from the fund only at the direction of
the chief judge of the circuit court in  such  circuit  where
the  county  is located.  The county treasurer of each county
shall, on or before January 10 of each year, submit an annual
report to the Supreme Court.
    (b)  Monies in the  probation  and  court  services  fund
shall  be  appropriated by the county board to be used within
the county or jurisdiction where collected in accordance with
policies and guidelines approved by the Supreme Court for the
costs  of  operating  the  probation   and   court   services
department  or  departments; however, monies in the probation
and court services fund shall not be used for the payment  of
salaries of probation and court services personnel.
    (c)  Monies   expended   from  the  probation  and  court
services fund shall be  used  to  supplement,  not  supplant,
county appropriations for probation and court services.
    (d)  Interest  earned  on monies deposited in a probation
and court services fund may be used by  the  county  for  its
ordinary and contingent expenditures.
    (e)  The  county  board  may  appropriate moneys from the
probation and court services fund, upon the direction of  the
chief  judge,  to  support  programs  that  are  part  of the
continuum of juvenile delinquency intervention programs which
are or may be developed within the county.  The  grants  from
the  probation  and  court services fund shall be for no more
than one year and may be used for any  expenses  attributable
to  the program including administration and oversight of the
program by the probation department.
    (f)  The county board may  appropriate  moneys  from  the
probation  and court services fund, upon the direction of the
chief judge, to support practices endorsed or required  under
the  Sex  Offender  Management  Board  Act, including but not
limited to sex offender evaluation, treatment, and monitoring
programs that are or may be developed within the county.
(Source: P.A. 92-329, eff. 8-9-01.)

    Section   30.   The  Sex  Offender  Registration  Act  is
amended by changing Section 3 as follows:

    (730 ILCS 150/3) (from Ch. 38, par. 223)
    Sec. 3.  Duty to register.
    (a)  A sex offender, as defined in Section 2 of this Act,
or sexual predator shall, within the time  period  prescribed
in  subsections  (b)  and (c), register in person and provide
accurate information as required by the Department  of  State
Police.   Such  information  shall  include  current address,
current place of employment, and  school  attended.  The  sex
offender or sexual predator shall register:
         (1)  with  the  chief  of  police  in  each  of  the
    municipalities  in  which  he  or  she attends school, is
    employed, resides  or  is  temporarily  domiciled  for  a
    period   of   time   of  10  or  more  days,  unless  the
    municipality is the City of Chicago, in which case he  or
    she  shall  register  at  the  Chicago  Police Department
    Headquarters; or
         (2)  with the sheriff in each  of  the  counties  in
    which  he  or she attends school, is employed, resides or
    is temporarily domiciled in an unincorporated area or, if
    incorporated, no police chief exists.
For purposes of this  Article,  the  place  of  residence  or
temporary domicile is defined as any and all places where the
sex offender resides for an aggregate period of time of 10 or
more days during any calendar year.
    The   sex  offender  or  sexual  predator  shall  provide
accurate information as required by the Department  of  State
Police.  That information shall include the sex offender's or
sexual predator's current place of employment.
    (a-5)  An  out-of-state  student or out-of-state employee
shall, within 10 days after beginning school or employment in
this  State,  register  in  person   and   provide   accurate
information  as  required  by the Department of State Police.
Such information will include current  place  of  employment,
school attended, and address in state of residence:
         (1)  with  the  chief  of  police  in  each  of  the
    municipalities  in  which  he or she attends school or is
    employed for a period of time of 10 or more days  or  for
    an  aggregate  period of time of more than 30 days during
    any calendar year, unless the municipality is the City of
    Chicago, in which case he or she shall  register  at  the
    Chicago Police Department Headquarters; or
         (2)  with  the  sheriff  in  each of the counties in
    which he or she attends  school  or  is  employed  for  a
    period  of  time  of  10 or more days or for an aggregate
    period of time of more than 30 days during  any  calendar
    year  in  an  unincorporated area or, if incorporated, no
    police chief exists.
    The out-of-state student or out-of-state  employee  shall
provide accurate information as required by the Department of
State   Police.    That   information   shall   include   the
out-of-state  student's current place of school attendance or
the out-of-state employee's current place of employment.
    (b)  Any sex offender, as defined in Section  2  of  this
Act, or sexual predator, regardless of any initial, prior, or
other  registration,  shall,  within  10  days  of  beginning
school,  or establishing a residence, place of employment, or
temporary domicile in any county, register in person  as  set
forth in subsection (a) or (a-5).
    (c)  The registration for any person required to register
under this Article shall be as follows:
         (1)  Any  person registered under the Habitual Child
    Sex Offender Registration Act or the Child  Sex  Offender
    Registration  Act  prior  to  January  1,  1996, shall be
    deemed  initially  registered  as  of  January  1,  1996;
    however, this  shall  not  be  construed  to  extend  the
    duration of registration set forth in Section 7.
         (2)  Except  as  provided  in subsection (c)(4), any
    person convicted or adjudicated prior to January 1, 1996,
    whose liability for registration under Section 7 has  not
    expired,  shall  register  in person prior to January 31,
    1996.
         (2.5)  Except as provided in subsection (c)(4),  any
    person   who   has  not  been  notified  of  his  or  her
    responsibility  to  register  shall  be  notified  by   a
    criminal  justice  entity of his or her responsibility to
    register.   Upon  notification  the  person   must   then
    register  within  10  days  of notification of his or her
    requirement to register.  If  notification  is  not  made
    within  the  offender's 10 year registration requirement,
    and the Department of State Police determines no evidence
    exists or  indicates  the  offender  attempted  to  avoid
    registration,  the offender will no longer be required to
    register under this Act.
         (3)  Except as provided in  subsection  (c)(4),  any
    person  convicted  on  or  after  January  1, 1996, shall
    register in person within 10 days after the entry of  the
    sentencing order based upon his or her conviction.
         (4)  Any   person   unable   to   comply   with  the
    registration requirements of this Article because  he  or
    she  is  confined,  institutionalized,  or  imprisoned in
    Illinois on or after January 1, 1996, shall  register  in
    person within 10 days of discharge, parole or release.
         (5)  The     person     shall    provide    positive
    identification and documentation that substantiates proof
    of residence at the registering address.
         (6)  The  person  shall  pay  a  $20   $10   initial
    registration  fee  and  a $10 $5 annual renewal fee.  The
    fees shall be used by the registering agency for official
    purposes.   The  agency  shall  establish  procedures  to
    document  receipt  and  use  of  the   funds.   The   law
    enforcement  agency  having  jurisdiction  may  waive the
    registration fee if it  determines  that  the  person  is
    indigent  and  unable  to  pay  the registration fee. Ten
    dollars for the initial registration fee and  $5  of  the
    annual  renewal  fee  shall  be  used  by the registering
    agency for official purposes. Ten dollars of the  initial
    registration  fee  and  $5  of  the  annual  fee shall be
    deposited into the Sex  Offender  Management  Board  Fund
    under  Section  19  of  the Sex Offender Management Board
    Act. Money deposited into  the  Sex  Offender  Management
    Board  Fund  shall  be  administered  by the Sex Offender
    Management Board and shall  be  used  to  fund  practices
    endorsed or required by the Sex Offender Management Board
    Act   including   but   not   limited  to  sex  offenders
    evaluation, treatment, or monitoring programs that are or
    may be developed, as well as  for  administrative  costs,
    including staff, incurred by the Board.
    (d)  Within   10   days   after   obtaining  or  changing
employment and, if employed on January  1,  2000,  within  10
days  after  that  date,  a person required to register under
this Section must report, in person or in writing to the  law
enforcement agency having jurisdiction, the business name and
address  where  he  or  she  is  employed.  If the person has
multiple businesses or work  locations,  every  business  and
work  location must be reported to the law enforcement agency
having jurisdiction.
(Source: P.A.  91-48,  eff.  7-1-99;  91-394,  eff.   1-1-00;
92-828, eff. 8-22-02.)

    Section  99.   Effective  date.   This  Act  takes effect
January 1, 2004.