Public Act 093-0475
Public Act 93-0475 of the 93rd General Assembly
Public Act 93-0475
SB1457 Enrolled LRB093 08502 RLC 08726 b
AN ACT in relation to criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Sections 5-6-3 and 5-6-3.1 and by adding Sections
5-5-10 and 5-9-1.12 as follows:
(730 ILCS 5/5-5-10 new)
Sec. 5-5-10. Community service fee. When an offender or
defendant is ordered by the court to perform community
service and the offender is not otherwise assessed a fee for
probation services, the court shall impose a fee of $50 for
each month the community service ordered by the court is
supervised by a probation and court services department,
unless after determining the inability of the person
sentenced to community service to pay the fee, the court
assesses a lesser fee. The court may not impose a 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 on 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 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.
A circuit court may not impose a probation fee in excess
of $25 per month unless: (1) the circuit court has adopted,
by administrative order issued by the chief judge, a standard
probation fee guide determining an offender's ability to pay,
under guidelines developed by the Administrative Office of
the Illinois Courts; and (2) the circuit court has
authorized, by administrative order issued by the chief
judge, the creation of a Crime Victim's Services Fund, to be
administered by the Chief Judge or his or her designee, for
services to crime victims and their families. Of the amount
collected as a probation fee, not to exceed $5 of that fee
collected per month may be used to provide services to crime
victims and their families.
(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
(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 or to community service under the
supervision of a probation or court services department after
January 1, 2004, as a condition of such probation or
conditional discharge or supervised community service, a fee
of $50 $25 for each month of probation or conditional
discharge supervision or supervised community service ordered
by the court, unless after determining the inability of the
person sentenced to probation or conditional discharge or
supervised community service to pay the fee, the court
assesses a lesser fee. The court may not impose the fee on a
minor who is made a ward of the State under the Juvenile
Court Act of 1987 while the minor is in placement. The fee
shall be imposed only upon 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 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.
A circuit court may not impose a probation fee in excess
of $25 per month unless: (1) the circuit court has adopted,
by administrative order issued by the chief judge, a standard
probation fee guide determining an offender's ability to pay,
under guidelines developed by the Administrative Office of
the Illinois Courts; and (2) the circuit court has
authorized, by administrative order issued by the chief
judge, the creation of a Crime Victim's Services Fund, to be
administered by the Chief Judge or his or her designee, for
services to crime victims and their families. Of the amount
collected as a probation fee, not to exceed $5 of that fee
collected per month may be used to provide services to crime
victims and their families.
(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 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
Sec. 5-6-3.1. Incidents and Conditions of Supervision.
(a) When a defendant is placed on supervision, the court
shall enter an order for supervision specifying the period of
such supervision, and shall defer further proceedings in the
case until the conclusion of the period.
(b) The period of supervision shall be reasonable under
all of the circumstances of the case, but may not be longer
than 2 years, unless the defendant has failed to pay the
assessment required by Section 10.3 of the Cannabis Control
Act or Section 411.2 of the Illinois Controlled Substances
Act, in which case the court may extend supervision beyond 2
years. Additionally, the court shall order the defendant to
perform no less than 30 hours of community service and not
more than 120 hours of community service, if community
service is available in the jurisdiction and is funded and
approved by the county board where the offense was committed,
when the offense (1) was related to or in furtherance of the
criminal activities of an organized gang or was motivated by
the defendant's membership in or allegiance to an organized
gang; or (2) is a violation of any Section of Article 24 of
the Criminal Code of 1961 where a disposition of supervision
is not prohibited by Section 5-6-1 of this Code. The
community service shall include, but not be limited to, the
cleanup and repair of any damage caused by violation of
Section 21-1.3 of the Criminal Code of 1961 and similar
damages to property located within the municipality or county
in which the violation occurred. Where possible and
reasonable, the community service should be performed in the
offender's neighborhood.
For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(c) The court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the court require that
the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the
order of supervision;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
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) refrain from possessing a firearm or other
dangerous weapon;
(8) and in addition, if a minor:
(i) reside with his parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for
youth;
(iv) contribute to his own support at home or
in a foster home; or
(v) with the consent of the superintendent of
the facility, attend an educational program at a
facility other than the school in which the offense
was committed if he or she is placed on supervision
for a crime of violence as defined in Section 2 of
the Crime Victims Compensation Act committed in a
school, on the real property comprising a school, or
within 1,000 feet of the real property comprising a
school;
(9) make restitution or reparation in an amount not
to exceed actual loss or damage to property and pecuniary
loss or make restitution under Section 5-5-6 to a
domestic violence shelter. The court shall determine the
amount and conditions of payment;
(10) perform some reasonable public or community
service;
(11) comply with the terms and conditions of an
order of protection issued by the court pursuant to the
Illinois Domestic Violence Act of 1986 or an order of
protection issued by the court of another state, tribe,
or United States territory. If the court has ordered the
defendant to make a report and appear in person under
paragraph (1) of this subsection, a copy of the order of
protection shall be transmitted to the person or agency
so designated by the court;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council
Act for any reasonable expenses incurred by the program
on the offender's case, not to exceed the maximum amount
of the fine authorized for the offense for which the
defendant was sentenced;
(13) contribute a reasonable sum of money, not to
exceed the maximum amount of the fine authorized for the
offense for which the defendant was sentenced, 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;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of person, including but not limited to members of
street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act 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;
(17) refrain from operating any motor vehicle not
equipped with an ignition interlock device as defined in
Section 1-129.1 of the Illinois Vehicle Code. Under this
condition the court may allow a defendant who is not
self-employed to operate a vehicle owned by the
defendant's employer that is not equipped with an
ignition interlock device in the course and scope of the
defendant's employment.
(d) The court shall defer entering any judgment on the
charges until the conclusion of the supervision.
(e) At the conclusion of the period of supervision, if
the court determines that the defendant has successfully
complied with all of the conditions of supervision, the court
shall discharge the defendant and enter a judgment dismissing
the charges.
(f) Discharge and dismissal upon a successful conclusion
of a disposition of supervision shall be deemed without
adjudication of guilt and shall not be termed a conviction
for purposes of disqualification or disabilities imposed by
law upon conviction of a crime. Two years after the
discharge and dismissal under this Section, unless the
disposition of supervision was for a violation of Sections
3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
Vehicle Code or a similar provision of a local ordinance, or
for a violation of Sections 12-3.2 or 16A-3 of the Criminal
Code of 1961, in which case it shall be 5 years after
discharge and dismissal, a person may have his record of
arrest sealed or expunged as may be provided by law.
However, any defendant placed on supervision before January
1, 1980, may move for sealing or expungement of his arrest
record, as provided by law, at any time after discharge and
dismissal under this Section. A person placed on supervision
for a sexual offense committed against a minor as defined in
subsection (g) of Section 5 of the Criminal Identification
Act or for a violation of Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance
shall not have his or her record of arrest sealed or
expunged.
(g) A defendant placed on supervision and who during the
period of supervision undergoes mandatory drug or alcohol
testing, or both, or is assigned to be placed on an approved
electronic monitoring device, shall be ordered to pay the
costs incidental to such mandatory drug or alcohol testing,
or both, and costs incidental to such approved electronic
monitoring in accordance with the defendant's ability to pay
those costs. The county board with the concurrence of the
Chief Judge of the judicial circuit in which the county is
located shall establish reasonable fees for the cost of
maintenance, testing, and incidental expenses related to the
mandatory drug or alcohol testing, or both, and all costs
incidental to approved electronic monitoring, of all
defendants placed on supervision. The concurrence of the
Chief Judge shall be in the form of an 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) A disposition of supervision is a final order for
the purposes of appeal.
(i) The court shall impose upon a defendant placed on
supervision after January 1, 1992 or to community service
under the supervision of a probation or court services
department after January 1, 2004, as a condition of
supervision or supervised community service, a fee of $50 $25
for each month of supervision or supervised community service
ordered by the court, unless after determining the inability
of the person placed on supervision or supervised community
service to pay the fee, the court assesses a lesser fee. The
court may not impose the fee on a minor who is made a ward of
the State under the Juvenile Court Act of 1987 while the
minor is in placement. The fee shall be imposed only upon a
defendant who is actively supervised by the probation and
court services department. The fee shall be collected by the
clerk of the circuit court. The clerk of the circuit court
shall pay all monies collected from this fee to the county
treasurer for deposit in the probation and court services
fund pursuant to Section 15.1 of the Probation and Probation
Officers Act.
A circuit court may not impose a probation fee in excess
of $25 per month unless: (1) the circuit court has adopted,
by administrative order issued by the chief judge, a standard
probation fee guide determining an offender's ability to pay,
under guidelines developed by the Administrative Office of
the Illinois Courts; and (2) the circuit court has
authorized, by administrative order issued by the chief
judge, the creation of a Crime Victim's Services Fund, to be
administered by the Chief Judge or his or her designee, for
services to crime victims and their families. Of the amount
collected as a probation fee, not to exceed $5 of that fee
collected per month may be used to provide services to crime
victims and their families.
(j) All fines and costs imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance,
and any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
(k) A defendant at least 17 years of age who is placed
on supervision for a misdemeanor in a county of 3,000,000 or
more inhabitants and who has not been previously convicted of
a misdemeanor or felony may as a condition of his or her
supervision be required by the court to attend educational
courses designed to prepare the defendant for a high school
diploma and to work toward a high school diploma or to work
toward passing the high school level Test of General
Educational Development (GED) or to work toward completing a
vocational training program approved by the court. The
defendant placed on supervision must attend a public
institution of education to obtain the educational or
vocational training required by this subsection (k). The
defendant placed on supervision shall be required to pay for
the cost of the educational courses or GED test, if a fee is
charged for those courses or test. The court shall revoke
the supervision of a person who wilfully fails to comply with
this subsection (k). The court shall resentence the
defendant upon revocation of supervision as provided in
Section 5-6-4. This subsection (k) does not apply to a
defendant who has a high school diploma or has successfully
passed the GED test. This subsection (k) does not apply to a
defendant who is determined by the court to be
developmentally disabled or otherwise mentally incapable of
completing the educational or vocational program.
(l) The court shall require a defendant placed on
supervision for possession of a substance prohibited by the
Cannabis Control Act 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 a sentence of
probation under Section 10 of the Cannabis Control Act or
Section 410 of the Illinois Controlled Substances Act and
after a finding by the court that the person is addicted, to
undergo treatment at a substance abuse program approved by
the court.
(m) The Secretary of State shall require anyone placed
on court supervision for a violation of Section 3-707 of the
Illinois Vehicle Code or a similar provision of a local
ordinance to give proof of his or her financial
responsibility as defined in Section 7-315 of the Illinois
Vehicle Code. The proof shall be maintained by the
individual in a manner satisfactory to the Secretary of State
for a minimum period of one year after the date the proof is
first filed. The proof shall be limited to a single action
per arrest and may not be affected by any post-sentence
disposition. The Secretary of State shall suspend the
driver's license of any person determined by the Secretary to
be in violation of this subsection.
(Source: P.A. 91-127, eff. 1-1-00; 91-696, eff. 4-13-00;
91-903, eff. 1-1-01; 92-282, eff. 8-7-01; 92-458, eff.
8-22-01; 92-651, eff. 7-11-02.)
(730 ILCS 5/5-9-1.12 new)
Sec. 5-9-1.12. Applications for transfer to other
states. A person subject to conditions of probation, parole,
or mandatory supervised release who seeks to transfer to
another state subject to the Interstate Compact for Adult
Offender Supervision must make provisions for the payment of
any restitution awarded by the circuit court and pay a fee of
$125 to the proper administrative or judicial authorities
before being granted the transfer, or otherwise arrange for
payment. The fee payment from persons subject to a sentence
of probation shall be deposited into the general fund of the
county in which the circuit has jurisdiction. The fee
payment from persons subject to parole or mandatory
supervised release shall be deposited into the General
Revenue Fund. The proceeds of this fee shall be used to
defray the costs of the Department of Corrections or county
sheriff departments, respectively, who will be required to
retrieve offenders that violate the terms of their transfers
to other states. Upon return to the State of Illinois, these
persons shall also be subject to reimbursing either the State
of Illinois or the county for the actual costs of returning
them to Illinois.
Section 99. Effective date. This Act takes effect upon
becoming law.
Effective Date: 8/8/2003
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