Public Act 098-0940
 
HB5950 EnrolledLRB098 18667 RLC 53810 b

    AN ACT concerning 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 5-6-2 and 5-6-3.1 as follows:
 
    (730 ILCS 5/5-6-2)  (from Ch. 38, par. 1005-6-2)
    Sec. 5-6-2. Incidents of Probation and of Conditional
Discharge.
    (a) When an offender is sentenced to probation or
conditional discharge, the court shall impose a period as
provided in Article 4.5 of Chapter V, and shall specify the
conditions under Section 5-6-3.
    (b) Multiple terms of probation imposed at the same time
shall run concurrently.
    (c) The court may at any time terminate probation or
conditional discharge if warranted by the conduct of the
offender and the ends of justice, as provided in Section 5-6-4.
    (d) Upon the expiration or termination of the period of
probation or of conditional discharge, the court shall enter an
order discharging the offender.
    (e) The court may extend any period of probation or
conditional discharge beyond the limits set forth in Article
4.5 of Chapter V upon a violation of a condition of the
probation or conditional discharge, for the payment of an
assessment required by Section 10.3 of the Cannabis Control
Act, Section 411.2 of the Illinois Controlled Substances Act,
or Section 80 of the Methamphetamine Control and Community
Protection Act, or for the payment of restitution as provided
by an order of restitution under Section 5-5-6 of this Code.
    (e-5) If payment of restitution as ordered has not been
made, the victim shall file a petition notifying the sentencing
court, any other person to whom restitution is owed, and the
State's Attorney of the status of the ordered restitution
payments unpaid at least 90 days before the probation or
conditional discharge expiration date. If payment as ordered
has not been made, the court shall hold a review hearing prior
to the expiration date, unless the hearing is voluntarily
waived by the defendant with the knowledge that waiver may
result in an extension of the probation or conditional
discharge period or in a revocation of probation or conditional
discharge. If the court does not extend probation or
conditional discharge, it shall issue a judgment for the unpaid
restitution and direct the clerk of the circuit court to file
and enter the judgment in the judgment and lien docket, without
fee, unless it finds that the victim has recovered a judgment
against the defendant for the amount covered by the restitution
order. If the court issues a judgment for the unpaid
restitution, the court shall send to the defendant at his or
her last known address written notification that a civil
judgment has been issued for the unpaid restitution.
    (f) The court may impose a term of probation that is
concurrent or consecutive to a term of imprisonment so long as
the maximum term imposed does not exceed the maximum term
provided under Article 4.5 of Chapter V or Article 8 of this
Chapter. The court may provide that probation may commence
while an offender is on mandatory supervised release,
participating in a day release program, or being monitored by
an electronic monitoring device.
(Source: P.A. 94-556, eff. 9-11-05; 95-1052, eff. 7-1-09.)
 
    (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, Section
411.2 of the Illinois Controlled Substances Act, or Section 80
of the Methamphetamine Control and Community Protection 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 or the
Criminal Code of 2012 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 or the Criminal Code of 2012 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, (i) to a
    "local anti-crime program", as defined in Section 7 of the
    Anti-Crime Advisory Council Act, or (ii) for offenses under
    the jurisdiction of the Department of Natural Resources, to
    the fund established by the Department of Natural Resources
    for the purchase of evidence for investigation purposes and
    to conduct investigations as outlined in Section 805-105 of
    the Department of Natural Resources (Conservation) Law;
        (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, the Illinois Controlled Substances Act, or the
    Methamphetamine Control and Community Protection 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; and
        (18) if placed on supervision for a sex offense as
    defined in subsection (a-5) of Section 3-1-2 of this Code,
    unless the offender is a parent or guardian of the person
    under 18 years of age present in the home and no
    non-familial minors are present, not participate in a
    holiday event involving children under 18 years of age,
    such as distributing candy or other items to children on
    Halloween, wearing a Santa Claus costume on or preceding
    Christmas, being employed as a department store Santa
    Claus, or wearing an Easter Bunny costume on or preceding
    Easter.
    (c-5) If payment of restitution as ordered has not been
made, the victim shall file a petition notifying the sentencing
court, any other person to whom restitution is owed, and the
State's Attorney of the status of the ordered restitution
payments unpaid at least 90 days before the supervision
expiration date. If payment as ordered has not been made, the
court shall hold a review hearing prior to the expiration date,
unless the hearing is voluntarily waived by the defendant with
the knowledge that waiver may result in an extension of the
supervision period or in a revocation of supervision. If the
court does not extend supervision, it shall issue a judgment
for the unpaid restitution and direct the clerk of the circuit
court to file and enter the judgment in the judgment and lien
docket, without fee, unless it finds that the victim has
recovered a judgment against the defendant for the amount
covered by the restitution order. If the court issues a
judgment for the unpaid restitution, the court shall send to
the defendant at his or her last known address written
notification that a civil judgment has been issued for the
unpaid restitution.
    (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, 16-25, or 16A-3 of the Criminal Code of 1961
or the Criminal Code of 2012, 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 clause
(a)(1)(L) of Section 5.2 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 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 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.
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.
    The Court may only waive probation fees based on an
offender's ability to pay. The probation department may
re-evaluate an offender's ability to pay every 6 months, and,
with the approval of the Director of Court Services or the
Chief Probation Officer, adjust the monthly fee amount. An
offender may elect to pay probation fees due in a lump sum. Any
offender that has been assigned to the supervision of a
probation department, or has been transferred either under
subsection (h) of this Section or under any interstate compact,
shall be required to pay probation fees to the department
supervising the offender, based on the offender's ability to
pay.
    (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, the Illinois Controlled Substances Act,
or the Methamphetamine Control and Community Protection Act
after a previous conviction or disposition of supervision for
possession of a substance prohibited by the Cannabis Control
Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection 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
3 years 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.
    (n) Any offender placed on supervision for any offense that
the court or probation department has determined to be sexually
motivated as defined in the Sex Offender Management Board Act
shall be required to refrain from any contact, directly or
indirectly, with any persons specified by the court and shall
be available for all evaluations and treatment programs
required by the court or the probation department.
    (o) An offender placed on supervision for a sex offense as
defined in the Sex Offender Management Board Act shall refrain
from residing at the same address or in the same condominium
unit or apartment unit or in the same condominium complex or
apartment complex with another person he or she knows or
reasonably should know is a convicted sex offender or has been
placed on supervision for a sex offense. The provisions of this
subsection (o) do not apply to a person convicted of a sex
offense who is placed in a Department of Corrections licensed
transitional housing facility for sex offenders.
    (p) An offender placed on supervision for an offense
committed on or after June 1, 2008 (the effective date of
Public Act 95-464) that would qualify the accused as a child
sex offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961 or the Criminal Code of 2012 shall
refrain from communicating with or contacting, by means of the
Internet, a person who is not related to the accused and whom
the accused reasonably believes to be under 18 years of age.
For purposes of this subsection (p), "Internet" has the meaning
ascribed to it in Section 16-0.1 of the Criminal Code of 2012;
and a person is not related to the accused if the person is
not: (i) the spouse, brother, or sister of the accused; (ii) a
descendant of the accused; (iii) a first or second cousin of
the accused; or (iv) a step-child or adopted child of the
accused.
    (q) An offender placed on supervision for an offense
committed on or after June 1, 2008 (the effective date of
Public Act 95-464) that would qualify the accused as a child
sex offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961 or the Criminal Code of 2012 shall, if so
ordered by the court, refrain from communicating with or
contacting, by means of the Internet, a person who is related
to the accused and whom the accused reasonably believes to be
under 18 years of age. For purposes of this subsection (q),
"Internet" has the meaning ascribed to it in Section 16-0.1 of
the Criminal Code of 2012; and a person is related to the
accused if the person is: (i) the spouse, brother, or sister of
the accused; (ii) a descendant of the accused; (iii) a first or
second cousin of the accused; or (iv) a step-child or adopted
child of the accused.
    (r) An offender placed on supervision for an offense under
Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a
juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or
11-21 of the Criminal Code of 1961 or the Criminal Code of
2012, or any attempt to commit any of these offenses, committed
on or after the effective date of this amendatory Act of the
95th General Assembly shall:
        (i) not access or use a computer or any other device
    with Internet capability without the prior written
    approval of the court, except in connection with the
    offender's employment or search for employment with the
    prior approval of the court;
        (ii) submit to periodic unannounced examinations of
    the offender's computer or any other device with Internet
    capability by the offender's probation officer, a law
    enforcement officer, or assigned computer or information
    technology specialist, including the retrieval and copying
    of all data from the computer or device and any internal or
    external peripherals and removal of such information,
    equipment, or device to conduct a more thorough inspection;
        (iii) submit to the installation on the offender's
    computer or device with Internet capability, at the
    offender's expense, of one or more hardware or software
    systems to monitor the Internet use; and
        (iv) submit to any other appropriate restrictions
    concerning the offender's use of or access to a computer or
    any other device with Internet capability imposed by the
    court.
    (s) An offender placed on supervision for an offense that
is a sex offense as defined in Section 2 of the Sex Offender
Registration Act that is committed on or after January 1, 2010
(the effective date of Public Act 96-362) that requires the
person to register as a sex offender under that Act, may not
knowingly use any computer scrub software on any computer that
the sex offender uses.
    (t) An offender placed on supervision for a sex offense as
defined in the Sex Offender Registration Act committed on or
after January 1, 2010 (the effective date of Public Act 96-262)
shall refrain from accessing or using a social networking
website as defined in Section 17-0.5 of the Criminal Code of
2012.
    (u) 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. The probation department within
the circuit to which jurisdiction has been transferred may
impose probation fees upon receiving the transferred offender,
as provided in subsection (i). The probation department from
the original sentencing court shall retain all probation fees
collected prior to the transfer.
(Source: P.A. 96-262, eff. 1-1-10; 96-362, eff. 1-1-10; 96-409,
eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1414, eff. 1-1-11;
96-1551, Article 2, Section 1065, eff. 7-1-11; 96-1551, Article
10, Section 10-150, eff. 7-1-11; 97-454, eff. 1-1-12; 97-597,
eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)

Effective Date: 1/1/2015