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92nd General Assembly

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Public Act 92-0282

SB1097 Enrolled                                LRB9205499RCcd

    AN ACT in relation to minors.

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

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

    (705 ILCS 405/5-615)
    Sec. 5-615.  Continuance under supervision.
    (1)  The court may enter an order  of  continuance  under
supervision  for an offense other than first degree murder, a
Class X felony or a forcible felony (a) upon an admission  or
stipulation by the appropriate respondent or minor respondent
of the facts supporting the petition and before proceeding to
adjudication, or after hearing the evidence at the trial, and
(b)  in  the  absence  of objection made in open court by the
minor, his or her parent, guardian, or legal  custodian,  the
minor's attorney or the State's Attorney.
    (2)  If  the minor, his or her parent, guardian, or legal
custodian, the minor's attorney or State's  Attorney  objects
in  open court to any continuance and insists upon proceeding
to findings and adjudication, the court shall so proceed.
    (3)  Nothing in this Section  limits  the  power  of  the
court   to  order  a  continuance  of  the  hearing  for  the
production of additional evidence or  for  any  other  proper
reason.
    (4)  When  a  hearing  where  a  minor is alleged to be a
delinquent is continued pursuant to this Section, the  period
of  continuance  under  supervision may not exceed 24 months.
The court may terminate a continuance  under  supervision  at
any  time  if  warranted  by the conduct of the minor and the
ends of justice.
    (5)  When a hearing  where  a  minor  is  alleged  to  be
delinquent  is  continued pursuant to this Section, the court
may, as conditions  of  the  continuance  under  supervision,
require the minor to do any of the following:
         (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 psychotherapeutic  treatment
    rendered  by a therapist licensed under the provisions of
    the  Medical  Practice  Act  of   1987,    the   Clinical
    Psychologist  Licensing  Act, or the Clinical Social Work
    and Social Work Practice Act, or an  entity  licensed  by
    the  Department  of  Human Services as a successor to the
    Department of Alcoholism and  Substance  Abuse,  for  the
    provision of drug addiction and alcoholism treatment;
         (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)  pay costs;
         (h)  refrain from  possessing  a  firearm  or  other
    dangerous weapon, or an automobile;
         (i)  permit  the  probation  officer to visit him or
    her at his or her home or elsewhere;
         (j)  reside with his or her parents or in  a  foster
    home;
         (k)  attend school;
         (k-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;
         (l)  attend a non-residential program for youth;
         (m)  contribute to his or her own support at home or
    in a foster home;
         (n)  perform  some  reasonable  public  or community
    service;
         (o)  make restitution to the  victim,  in  the  same
    manner  and  under  the  same  conditions  as provided in
    subsection  (4)  of  Section  5-710,  except   that   the
    "sentencing hearing" referred to in that Section shall be
    the adjudicatory hearing for purposes of this Section;
         (p)  comply  with  curfew requirements as designated
    by the court;
         (q)  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;
         (r)  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;
         (r-5)  undergo  a medical or other procedure to have
    a tattoo symbolizing allegiance to a street gang  removed
    from his or her body;
         (s)  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;  or
         (t)  comply with any  other  conditions  as  may  be
    ordered by the court.
    (6)  A  minor  whose  case is continued under supervision
under subsection (5) shall be  given  a  certificate  setting
forth  the  conditions imposed by the court. Those conditions
may be reduced, enlarged, or modified by the court on  motion
of the probation officer or on its own motion, or that of the
State's  Attorney,  or,  at  the  request  of the minor after
notice and hearing.
    (7)  If a petition is filed charging  a  violation  of  a
condition  of  the  continuance  under supervision, the court
shall conduct a hearing.  If the court finds that a condition
of supervision has not been fulfilled, the court may  proceed
to  findings and adjudication and disposition.  The filing of
a petition for violation of a condition  of  the  continuance
under  supervision shall toll the period of continuance under
supervision until the final determination of the charge,  and
the  term  of the continuance under supervision shall not run
until  the  hearing  and  disposition  of  the  petition  for
violation;  provided where the petition alleges conduct  that
does  not  constitute a criminal offense, the hearing must be
held within 30 days of the filing of the  petition  unless  a
delay shall continue the tolling of the period of continuance
under supervision for the period of the delay.
    (8)  When  a  hearing in which a minor is alleged to be a
delinquent for reasons that include a  violation  of  Section
21-1.3  of  the Criminal Code of 1961 is continued under this
Section, the court shall, as a condition of  the  continuance
under  supervision,  require  the  minor to perform community
service for not less than 30 and not more than 120 hours,  if
community  service  is  available  in  the jurisdiction.  The
community service shall include, but need not be limited  to,
the  cleanup  and repair of the damage that was caused by the
alleged violation or similar damage to  property  located  in
the  municipality  or  county  in which the alleged violation
occurred.  The condition may be  in  addition  to  any  other
condition.
    (9)  When  a  hearing in which a minor is alleged to be a
delinquent is continued under this Section, the court, before
continuing the case, shall make a finding whether the offense
alleged to have been committed either:  (i) was related to or
in furtherance of the activities of an organized gang or  was
motivated  by  the  minor's membership in or allegiance to an
organized gang, or (ii) is a violation of paragraph  (13)  of
subsection  (a) of Section 12-2 of the Criminal Code of 1961,
a violation of any Section of Article 24 of the Criminal Code
of 1961, or a violation of  any  statute  that  involved  the
unlawful  use  of  a  firearm.   If  the court determines the
question in the affirmative the court shall, as  a  condition
of  the  continuance  under  supervision and as part of or in
addition to any other condition of the  supervision,  require
the  minor  to perform community service for not less than 30
hours, provided that community service is  available  in  the
jurisdiction  and  is funded and approved by the county board
of the county where the offense was committed.  The community
service shall include,  but  need  not  be  limited  to,  the
cleanup  and  repair  of  any  damage  caused  by  an alleged
violation of Section 21-1.3 of the Criminal Code of 1961  and
similar  damage  to  property  located in the municipality or
county  in  which  the  alleged  violation  occurred.    When
possible  and  reasonable,  the  community  service  shall be
performed in the minor'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.
    (10)  The court shall  impose  upon  a  minor  placed  on
supervision,  as a condition of the supervision, a fee of $25
for each month of supervision ordered by  the  court,  unless
after  determining  the  inability  of  the  minor  placed on
supervision 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.  A 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.
(Source:  P.A.  90-590,  eff.  1-1-99;  91-98;  eff.  1-1-00;
91-332, eff. 7-29-99; revised 10-7-99.)

    (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.
    (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. 90-590, eff. 1-1-99; 91-98, eff. 1-1-00.)

    Section 10.  The Unified Code of Corrections  is  amended
by changing Sections 5-6-3 and 5-6-3.1 as follows:

    (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;
         (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; and
         (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.
    (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)  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.
    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,  or  to  another  state
under   an   Interstate  Probation  Reciprocal  Agreement  as
provided in Section 3-3-11.  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  $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 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.
    (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.  90-14,  eff.  7-1-97;  90-399,  eff.   1-1-98;
90-504,  eff.  1-1-98;  90-655,  eff.  7-30-98;  91-325, eff.
7-29-99; 91-696, eff. 4-13-00; 91-903, eff. 1-1-01.)

    (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 and
              (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,  as  a  condition   of
supervision,  a  fee  of  $25  for  each month of supervision
ordered by the court, unless after determining the  inability
of the person placed on supervision 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.
    (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  court  shall  require  a  defendant  placed  on
supervision  for a violation of Section 3-707 of the Illinois
Vehicle Code or a similar provision of a local ordinance,  as
a  condition  of  supervision,  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
defendant 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  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.   90-14,  eff.  7-1-97;  90-399,  eff.  1-1-98;
90-504, eff.  1-1-98;  90-655,  eff.  7-30-98;  90-784,  eff.
1-1-99;  91-127,  eff.  1-1-00; 91-696, eff. 4-13-00; 91-903,
eff. 1-1-01.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 15, 2001.
    Approved August 07, 2001.

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