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92nd General Assembly

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Public Act 92-0571

HB4936 Enrolled                               LRB9211054RCsbA

    AN ACT in relation to criminal law.

    Whereas: The interstate compact for  the  supervision  of
Parolees  and Probationers was established in 1937, it is the
earliest corrections "compact" established among  the  states
and  has  not  been  amended since its adoption over 62 years
ago;

    Whereas:  This  compact  is  the  only  vehicle  for  the
controlled movement of adult parolees and probationers across
state lines, and it currently has jurisdiction over more than
a quarter of a million offenders;

    Whereas: The complexities of the compact have become more
difficult to administer, and many jurisdictions have expanded
supervision expectations  to  include  currently  unregulated
practices   such   as   victim   input,  victim  notification
requirements and sex offender registration;

    Whereas: After hearings, national surveys, and a detailed
study by a task force appointed by the National Institute  of
Corrections,  the  overwhelming  recommendation  has  been to
amend the document to bring  about  an  effective  management
capacity  that  addresses public safety concerns and offender
accountability;

    Whereas: Upon the adoption of this Interstate Compact for
Adult Offender  Supervision,  it  is  the  intention  of  the
legislature to repeal the previous Interstate Compact for the
Supervision  of  Parolees  and  Probationers on the effective
date of this Compact; therefore

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

    Section  1.   Short  title.  This Act may be cited as the
Interstate Compact for Adult Offender Supervision.
    Section  5.  Interstate  Compact   for   Adult   Offender
Supervision.  The Governor of this State is hereby authorized
and  directed to enter into a compact on behalf of this State
with any of the United States legally joining therein in  the
form substantially as follows:
                         ARTICLE I:
                           PURPOSE
    (a)  The  compacting  states  to  this Interstate Compact
recognize that each state is responsible for the  supervision
of  adult  offenders  in  the  community  who  are authorized
pursuant to the Bylaws and Rules of this  compact  to  travel
across  state lines both to and from each compacting state in
such a  manner  as  to:  track  the  location  of  offenders,
transfer  supervision  authority  in an orderly and efficient
manner,  and  when  necessary   return   offenders   to   the
originating   jurisdictions.   The   compacting  states  also
recognize that Congress, by enacting the Crime Control Act, 4
U.S.C. Section 112  (1965),  has  authorized  and  encouraged
compacts for cooperative efforts and mutual assistance in the
prevention of crime.
    (b)  It is the purpose of this compact and the Interstate
Commission  created  hereunder,  through  means  of joint and
cooperative action among the compacting  states:  to  provide
the  framework for the promotion of public safety and protect
the rights of victims through the control and  regulation  of
the  interstate  movement  of  offenders in the community; to
provide  for  the  effective   tracking,   supervision,   and
rehabilitation   of   these  offenders  by  the  sending  and
receiving states; and  to  equitably  distribute  the  costs,
benefits  and obligations of the compact among the compacting
states.
    (c)  In addition, this compact will: create an Interstate
Commission which will establish uniform procedures to  manage
the  movement between states of adults placed under community
supervision  and  released  to  the   community   under   the
jurisdiction  of courts, paroling authorities, corrections or
other criminal justice agencies which will  promulgate  rules
to achieve the purpose of this compact; ensure an opportunity
for  input  and timely notice to victims and to jurisdictions
where defined  offenders  are  authorized  to  travel  or  to
relocate  across  state  lines; establish a system of uniform
data collection, access to information  on  active  cases  by
authorized  criminal justice officials, and regular reporting
of Compact activities  to  heads  of  state  councils,  state
executive,  judicial,  and  legislative branches and criminal
justice  administrators;  monitor   compliance   with   rules
governing  interstate  movement  of  offenders  and  initiate
interventions  to  address  and  correct  non-compliance; and
coordinate training and education  regarding  regulations  of
interstate  movement  of  offenders for officials involved in
such activity.
    (d)  The compacting states recognize  that  there  is  no
"right"  of  any  offender  to live in another state and that
duly accredited officers of a sending state may at all  times
enter  a  receiving  state and there apprehend and retake any
offender under supervision subject to the provisions of  this
compact and Bylaws and Rules promulgated hereunder. It is the
policy of the compacting states that the activities conducted
by the Interstate Commission created herein are the formation
of public policies and are therefore public business.
                         ARTICLE II:
                         DEFINITIONS
    As  used  in  this  compact,  unless  the context clearly
requires a different construction:
         (1)  "Adult"   means   both   individuals    legally
    classified  as  adults and juveniles treated as adults by
    court order, statute, or operation of law.
         (2)  "By-laws" mean those by-laws established by the
    Interstate  Commission  for  its   governance,   or   for
    directing  or  controlling  the  Interstate  Commission's
    actions or conduct.
         (3)  "Compact Administrator" means the individual in
    each  compacting state appointed pursuant to the terms of
    this  compact  responsible  for  the  administration  and
    management of the state's  supervision  and  transfer  of
    offenders subject to the terms of this compact, the rules
    adopted by the Interstate Commission and policies adopted
    by the State Council under this compact.
         (4)  "Compacting  state"  means  any state which has
    enacted the enabling legislation for this compact.
         (5)  "Commissioner" means the voting  representative
    of  each  compacting  state appointed pursuant to Article
    III of this compact.
         (6)  "Interstate Commission"  means  the  Interstate
    Commission  for Adult Offender Supervision established by
    this compact.
         (7)  "Member" means the commissioner of a compacting
    state or designee,  who  shall  be  a  person  officially
    connected with the commissioner.
         (8)  "Non  Compacting  state"  means any state which
    has  not  enacted  the  enabling  legislation  for   this
    compact.
         (9)  "Offender"  means  an  adult  placed  under, or
    subject to, supervision as the result of  the  commission
    of a criminal offense and released to the community under
    the   jurisdiction   of   courts,  paroling  authorities,
    corrections, or other criminal justice agencies.
         (10)  "Person" means  any  individual,  corporation,
    business enterprise, or other legal entity, either public
    or private.
         (11)  "Rules"   means   acts   of   the   Interstate
    Commission,  duly  promulgated pursuant to Article VII of
    this compact, substantially affecting interested  parties
    in  addition  to  the  Interstate Commission, which shall
    have the force  and  effect  of  law  in  the  compacting
    states.
         (12)  "State"  means  a  state of the United States,
    the  District  of  Columbia  and  any  other  territorial
    possessions of the United States.
         (13)  "State Council" means the resident members  of
    the   State  Council  for     Interstate  Adult  Offender
    Supervision created by each state under  Article  III  of
    this compact.
                        ARTICLE III:
                   THE COMPACT COMMISSION
    (a)  The  compacting states hereby create the "Interstate
Commission for Adult Offender  Supervision."  The  Interstate
Commission  shall be a body corporate and joint agency of the
compacting states. The Interstate Commission shall  have  all
the  responsibilities,  powers  and  duties set forth herein,
including the power to sue and be sued, and  such  additional
powers  as  may  be conferred upon it by subsequent action of
the respective  legislatures  of  the  compacting  states  in
accordance with the terms of this compact.
    (b)  The   Interstate   Commission   shall   consist   of
Commissioners selected and appointed by resident members of a
State  Council  for Interstate Adult Offender Supervision for
each state.
    (c)  In addition to the Commissioners who are the  voting
representatives  of  each  state,  the  Interstate Commission
shall include individuals who are not commissioners  but  who
are     members    of    interested    organizations;    such
non-commissioner  members  must  include  a  member  of   the
national organizations of governors, legislators, state chief
justices,   attorneys   general   and   crime   victims.  All
non-commissioner members of the Interstate  Commission  shall
be ex-officio (nonvoting)  members. The Interstate Commission
may  provide  in its by-laws for such additional, ex-officio,
non-voting members as it deems necessary.
    (d)  Each compacting state represented at any meeting  of
the Interstate Commission is entitled to one vote. A majority
of  the  compacting  states shall constitute a quorum for the
transaction of business, unless a larger quorum  is  required
by  the  by-laws of the Interstate Commission. The Interstate
Commission shall meet at least once each calendar  year.  The
chairperson  may  call  additional  meetings  and,  upon  the
request   of   27  or  more  compacting  states,  shall  call
additional meetings. Public notice  shall  be  given  of  all
meetings and meetings shall be open to the public.
    (e)  The   Interstate   Commission   shall  establish  an
Executive Committee which shall include commission  officers,
members and others as shall be determined by the By-laws. The
Executive  Committee shall have the power to act on behalf of
the Interstate Commission during periods when the  Interstate
Commission   is   not  in  session,  with  the  exception  of
rulemaking and/or amendment to  the  Compact.  The  Executive
Committee  oversees  the day-to-day activities managed by the
Executive   Director   and   Interstate   Commission   staff;
administers enforcement and compliance with the provisions of
the compact, its by-laws and as directed  by  the  Interstate
Commission   and   performs   other  duties  as  directed  by
Commission or set forth in the By-laws.
                         ARTICLE IV:
                      THE STATE COUNCIL
    (a)  Each member state shall create a State  Council  for
Interstate   Adult   Offender   Supervision  which  shall  be
responsible for the appointment of the commissioner who shall
serve on the Interstate Commission from that state.
    (b)  Each state council shall appoint as its commissioner
the Compact Administrator from the  state  to  serve  on  the
Interstate  Commission  in such capacity under or pursuant to
applicable law of the member state. While each  member  state
may  determine  the  membership of its own state council, its
membership must include at least one representative from  the
legislative,  judicial, and executive branches of government,
victims groups, and compact administrators.  Each  compacting
state  retains  the  right to determine the qualifications of
the Compact Administrator who shall be appointed by the state
council  or  by  the  Governor  in  consultation   with   the
Legislature and the Judiciary.
    (c)  In  addition  to  appointment of its commissioner to
the National Interstate Commission, each state council  shall
exercise  oversight and advocacy concerning its participation
in Interstate Commission activities and other duties  as  may
be  determined by each member state including but not limited
to,  development  of   policy   concerning   operations   and
procedures of the compact within that state.
                         ARTICLE V:
       POWERS AND DUTIES OF THE INTERSTATE COMMISSION
    (a)  The  Interstate  Commission shall have the following
powers:
         (1)  To adopt a seal and suitable by-laws  governing
    the   management   and   operation   of   the  Interstate
    Commission.
         (2)  To promulgate rules which shall have the  force
    and  effect  of statutory law and shall be binding in the
    compacting  states  to  the  extent  and  in  the  manner
    provided in this compact.
         (3)  To  oversee,  supervise  and   coordinate   the
    interstate  movement of offenders subject to the terms of
    this  compact  and  any   by-laws   adopted   and   rules
    promulgated by the compact commission.
         (4)  To  enforce compliance with compact provisions,
    Interstate  Commission  rules,  and  by-laws,  using  all
    necessary and proper means, including but not limited to,
    the use of judicial process.
         (5)  To establish and maintain offices.
         (6)  To purchase and maintain insurance and bonds.
         (7)  To borrow, accept, or contract for services  of
    personnel,  including,  but  not  limited to, members and
    their staffs.
         (8)  To establish and appoint  committees  and  hire
    staff  which  it  deems necessary for the carrying out of
    its functions including, but not limited to, an executive
    committee as required by Article III which shall have the
    power to act on behalf of the  Interstate  Commission  in
    carrying out its powers and duties hereunder.
         (9)  To  elect  or appoint such officers, attorneys,
    employees, agents,  or  consultants,  and  to  fix  their
    compensation,  define  their  duties  and determine their
    qualifications;   and   to   establish   the   Interstate
    Commission's personnel policies and programs relating to,
    among other  things,  conflicts  of  interest,  rates  of
    compensation, and qualifications of personnel.
         (10)  To  accept any and all donations and grants of
    money, equipment, supplies, materials, and services,  and
    to receive, utilize, and dispose of same.
         (11)  To  lease,  purchase,  accept contributions or
    donations of, or otherwise to own, hold, improve  or  use
    any property, real, personal, or mixed.
         (12)  To  sell,  convey,  mortgage,  pledge,  lease,
    exchange,  abandon, or otherwise dispose of any property,
    real, personal or mixed.
         (13)  To establish a budget  and  make  expenditures
    and levy dues as provided in Article IX of this compact.
         (14)  To sue and be sued.
         (15)  To   provide   for  dispute  resolution  among
    Compacting States.
         (16)  To perform such functions as may be  necessary
    or appropriate to achieve the purposes of this compact.
         (17)  To   report   annually  to  the  legislatures,
    governors,  judiciary,  and   state   councils   of   the
    compacting   states  concerning  the  activities  of  the
    Interstate Commission during  the  preceding  year.  Such
    reports  shall  also include any recommendations that may
    have been adopted by the Interstate Commission.
         (18)  To coordinate education, training  and  public
    awareness  regarding the interstate movement of offenders
    for officials involved in such activity.
         (19)  To  establish  uniform   standards   for   the
    reporting, collecting, and exchanging of data.
                         ARTICLE VI:
        ORGANIZATION AND OPERATION OF THE INTERSTATE
                         COMMISSION
    (a)  By-laws.    The  Interstate  Commission  shall, by a
majority of the Members, within twelve months  of  the  first
Interstate  Commission  meeting,  adopt By-laws to govern its
conduct as may be necessary or appropriate to carry  out  the
purposes of the Compact, including, but not limited to:
         (1)  establishing  the fiscal year of the Interstate
    Commission;
         (2)  establishing an executive  committee  and  such
    other committees as may be necessary;
         (3)  providing reasonable standards and procedures:
              (i)  for the establishment of committees, and
              (ii)  governing   any   general   or   specific
         delegation  of  any  authority  or  function  of the
         Interstate Commission;
         (4)  providing reasonable procedures for calling and
    conducting meetings of  the  Interstate  Commission,  and
    ensuring reasonable notice of each such meeting;
         (5)  establishing the titles and responsibilities of
    the officers of the Interstate Commission;
         (6)  providing  reasonable  standards and procedures
    for the  establishment  of  the  personnel  policies  and
    programs  of  the  Interstate Commission. Notwithstanding
    any civil service or other similar laws of any Compacting
    State, the By-laws shall exclusively govern the personnel
    policies and programs of the Interstate Commission;
         (7)  providing  a  mechanism  for  winding  up   the
    operations of the Interstate Commission and the equitable
    return  of  any  surplus  funds  that  may exist upon the
    termination of  the  Compact  after  the  payment  and/or
    reserving of all of its debts and obligations;
         (8)  providing   transition  rules  for  "start  up"
    administration of the compact;
         (9)  establishing  standards  and   procedures   for
    compliance  and  technical assistance in carrying out the
    compact.
    (b)  Officers and Staff.
         (1)  The Interstate Commission shall, by a  majority
    of   the   Members,   elect  from  among  its  Members  a
    chairperson and a vice chairperson, each  of  whom  shall
    have  such  authorities and duties as may be specified in
    the By-laws. The chairperson or, in his or her absence or
    disability, the vice chairperson, shall  preside  at  all
    meetings  of  the  Interstate Commission. The Officers so
    elected shall serve without compensation or  remuneration
    from the Interstate Commission; PROVIDED THAT, subject to
    the availability of budgeted funds, the officers shall be
    reimbursed   for  any  actual  and  necessary  costs  and
    expenses incurred by them in  the  performance  of  their
    duties and responsibilities as officers of the Interstate
    Commission.
         (2)  The  Interstate  Commission  shall, through its
    executive  committee,  appoint  or  retain  an  executive
    director for such period, upon such terms and  conditions
    and  for  such  compensation as the Interstate Commission
    may deem appropriate. The executive director shall  serve
    as  secretary  to the Interstate Commission, and hire and
    supervise such other staff as may be  authorized  by  the
    Interstate Commission, but shall not be a member.
    (c)  Corporate  Records of the Interstate Commission. The
Interstate Commission shall maintain its corporate books  and
records in accordance with the By-laws.
    (d)  Qualified Immunity, Defense and Indemnification.
         (1)  The  Members,  officers, executive director and
    employees of the Interstate   Commission shall be  immune
    from  suit  and  liability, either personally or in their
    official capacity, for any claim for damage to or loss of
    property or personal  injury  or  other  civil  liability
    caused or arising out of any actual or alleged act, error
    or  omission that occurred within the scope of Interstate
    Commission  employment,   duties   or   responsibilities;
    PROVIDED,   that  nothing  in  this  paragraph  shall  be
    construed to protect any such  person  from  suit  and/or
    liability  for  any  damage,  loss,  injury  or liability
    caused  by  the  intentional  or   willful   and   wanton
    misconduct of any such person.
         (2)  The  Interstate  Commission  shall  defend  the
    Commissioner  of  a  Compacting  State,  or  his  or  her
    representatives   or   employees,   or   the   Interstate
    Commission's  representatives  or employees, in any civil
    action seeking to impose liability, arising  out  of  any
    actual  or  alleged  act, error or omission that occurred
    within the scope  of  Interstate  Commission  employment,
    duties  or  responsibilities, or that the defendant had a
    reasonable basis for believing occurred within the  scope
    of    Interstate   Commission   employment,   duties   or
    responsibilities; PROVIDED, that the  actual  or  alleged
    act,  error  or  omission did not result from intentional
    wrongdoing on the part of such person.
         (3)  The Interstate Commission shall  indemnify  and
    hold   the   Commissioner  of  a  Compacting  State,  the
    appointed  designee  or  employees,  or  the   Interstate
    Commission's  representatives  or  employees, harmless in
    the amount of any settlement or judgment obtained against
    such persons arising out of any actual  or  alleged  act,
    error  or  omission  that  occurred  within  the scope of
    Interstate    Commission    employment,     duties     or
    responsibilities,  or  that such persons had a reasonable
    basis  for  believing  occurred  within  the   scope   of
    Interstate     Commission     employment,    duties    or
    responsibilities, provided, that the  actual  or  alleged
    act,   error  or  omission  did  not  result  from  gross
    negligence or intentional wrongdoing on the part of  such
    person.
                        ARTICLE VII:
           ACTIVITIES OF THE INTERSTATE COMMISSION
    (a)  The  Interstate  Commission shall meet and take such
actions  as  are  consistent  with  the  provisions  of  this
Compact.
    (b)  Except as otherwise provided  in  this  Compact  and
unless  a  greater  percentage is required by the By-laws, in
order to constitute an act of the Interstate Commission, such
act shall have been taken at  a  meeting  of  the  Interstate
Commission  and  shall have received an affirmative vote of a
majority of the members present.
    (c)  Each Member of the Interstate Commission shall  have
the  right  and power to cast a vote to which that Compacting
State is entitled and to  participate  in  the  business  and
affairs  of the Interstate Commission. A member shall vote in
person on behalf of the state and shall not delegate  a  vote
to  another  member  state.  However,  a  State Council shall
appoint another authorized representative, in the absence  of
the commissioner from that state, to cast a vote on behalf of
the  member  state  at  a  specified meeting. The By-laws may
provide for Members' participation in meetings  by  telephone
or   other   means   of   telecommunication   or   electronic
communication.  Any  voting  conducted by telephone, or other
means of telecommunication or electronic communication  shall
be  subject to the same quorum requirements of meetings where
members are present in person.
    (d)  The Interstate Commission shall meet at  least  once
during  each calendar year. The chairperson of the Interstate
Commission may call additional meetings at any time and, upon
the  request  of  a  majority  of  the  Members,  shall  call
additional meetings.
    (e)  The Interstate Commission's By-laws shall  establish
conditions   and   procedures   under  which  the  Interstate
Commission shall make its information  and  official  records
available  to  the  public  for  inspection  or  copying. The
Interstate  Commission  may  exempt   from   disclosure   any
information  or  official  records  to  the extent they would
adversely  affect  personal  privacy  rights  or  proprietary
interests.  In  promulgating  such  Rules,   the   Interstate
Commission  may  make  available  to law enforcement agencies
records and information otherwise exempt from disclosure, and
may enter into agreements with law  enforcement  agencies  to
receive  or  exchange  information or records subject to non-
disclosure and confidentiality provisions.
    (f)  Public notice shall be given of all meetings and all
meetings shall be open to the public, except as set forth  in
the  Rules  or  as  otherwise  provided  in  the Compact. The
Interstate Commission shall promulgate Rules consistent  with
the principles contained in the "Government in Sunshine Act,"
5  U.S.C.  Section  552(b), as may be amended. The Interstate
Commission and any of its committees may close a  meeting  to
the  public  where  it  determines by two-thirds vote that an
open meeting would be likely to:
         (1)  relate solely to  the  Interstate  Commission's
    internal personnel practices and procedures;
         (2)  disclose  matters  specifically  exempted  from
    disclosure by statute;
         (3)  disclose   trade   secrets   or  commercial  or
    financial   information   which    is    privileged    or
    confidential;
         (4)  involve  accusing  any  person  of  a crime, or
    formally censuring any person;
         (5)  disclose information of a personal nature where
    disclosure  would  constitute   a   clearly   unwarranted
    invasion of personal privacy;
         (6)  disclose investigatory records compiled for law
    enforcement purposes;
         (7)  disclose information contained in or related to
    examination,  operating or condition reports prepared by,
    or on behalf  of  or  for  the  use  of,  the  Interstate
    Commission  with  respect  to  a regulated entity for the
    purpose of regulation or supervision of such entity;
         (8)  disclose information, the premature  disclosure
    of  which  would  significantly  endanger  the  life of a
    person or the stability of a regulated entity;
         (9)  specifically   relate   to    the    Interstate
    Commission's issuance of a subpoena, or its participation
    in a civil action or proceeding.
    (g)  For every meeting closed pursuant to this provision,
the   Interstate   Commission's  chief  legal  officer  shall
publicly certify that, in his or her opinion, the meeting may
be closed to the public, and shall  reference  each  relevant
exemptive  provision.  The  Interstate  Commission shall keep
minutes which shall fully and clearly  describe  all  matters
discussed  in  any  meeting  and  shall  provide  a  full and
accurate summary  of  any  actions  taken,  and  the  reasons
therefor,  including  a  description  of  each  of  the views
expressed on any item and the record of any  roll  call  vote
(reflected  in  the vote of each Member on the question). All
documents considered in connection with any action  shall  be
identified in such minutes.
    (h)  The Interstate Commission shall collect standardized
data  concerning  the  interstate  movement  of  offenders as
directed through its By-laws and Rules  which  shall  specify
the  data  to  be collected, the means of collection and data
exchange and reporting requirements.
                        ARTICLE VIII:
      RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
    (a)  The Interstate Commission shall promulgate Rules  in
order  to effectively and efficiently achieve the purposes of
the   Compact   including    transition    rules    governing
administration  of  the compact during the period in which it
is being considered and enacted by the states.
    (b)  Rulemaking shall occur pursuant to the criteria  set
forth  in  this  Article  and  the  By-laws and Rules adopted
pursuant thereto. Such rulemaking shall substantially conform
to the principles of  the  federal  Administrative  Procedure
Act, 5 U.S.C.S. section 551 et seq., and the Federal Advisory
Committee  Act,  5 U.S.C.S. app. 2, section 1 et seq., as may
be amended (hereinafter  "APA").  All  Rules  and  amendments
shall become binding as of the date specified in each Rule or
amendment.
    (c)  If  a majority of the legislatures of the Compacting
States  rejects  a  Rule,  by  enactment  of  a  statute   or
resolution in the same manner used to adopt the compact, then
such  Rule  shall  have  no  further  force and effect in any
Compacting State.
    (d)  When promulgating a Rule, the Interstate  Commission
shall:
         (1)  publish   the   proposed   Rule   stating  with
    particularity the text of the Rule which is proposed  and
    the reason for the proposed Rule;
         (2)  allow  persons  to  submit written data, facts,
    opinions  and  arguments,  which  information  shall   be
    publicly available;
         (3)  provide an opportunity for an informal hearing;
    and
         (4)  promulgate a final Rule and its effective date,
    if appropriate, based on the rulemaking record.
    (e)  Not   later   than   sixty  days  after  a  Rule  is
promulgated, any interested person may file a petition in the
United States District Court for the District of Columbia  or
in   the   Federal   District   Court  where  the  Interstate
Commission's principal office is located for judicial  review
of  such  Rule.  If  the  court  finds  that  the  Interstate
Commission's  action is not supported by substantial evidence
(as defined in the APA), in the rulemaking record, the  court
shall hold the Rule unlawful and set it aside. Subjects to be
addressed  within 12 months after the first meeting must at a
minimum include:
         (1)  notice to victims and opportunity to be heard;
         (2)  offender registration and compliance;
         (3)  violations/returns;
         (4)  transfer procedures and forms;
         (5)  eligibility for transfer;
         (6)  collection  of  restitution   and   fees   from
    offenders;
         (7)  data collection and reporting;
         (8)  the  level of supervision to be provided by the
    receiving state;
         (9)  transition rules governing the operation of the
    compact and the Interstate Commission during all or  part
    of  the  period between the effective date of the compact
    and the date on which the last eligible state adopts  the
    compact;
         (10)  Mediation, arbitration and dispute resolution.
    (f)  The  existing  rules  governing the operation of the
previous compact superseded by this Act  shall  be  null  and
void  twelve  (12)  months  after  the  first  meeting of the
Interstate Commission created hereunder.
    (g)  Upon determination by the Interstate Commission that
an emergency exists, it  may  promulgate  an  emergency  rule
which  shall  become  effective  immediately  upon  adoption,
provided   that  the  usual  rulemaking  procedures  provided
hereunder shall be retroactively applied to said rule as soon
as reasonably possible, in no event later than 90 days  after
the effective date of the rule.
                         ARTICLE IX:
    OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE
                    INTERSTATE COMMISSION
    (a)  Oversight.
         (1)  The  Interstate  Commission  shall  oversee the
    interstate movement of adult offenders in the  compacting
    states   and   shall   monitor   such   activities  being
    administered   in   Non-compacting   States   which   may
    significantly affect Compacting States.
         (2)  The  courts  and  executive  agencies  in  each
    Compacting State shall enforce  this  Compact  and  shall
    take  all actions necessary and appropriate to effectuate
    the Compact's purposes and intent.  In  any  judicial  or
    administrative   proceeding   in   a   Compacting   State
    pertaining  to  the  subject matter of this Compact which
    may affect the powers, responsibilities or actions of the
    Interstate Commission, the Interstate Commission shall be
    entitled to receive all service of process  in  any  such
    proceeding,  and  shall have standing to intervene in the
    proceeding for all purposes.
    (b)  Dispute Resolution.
         (1)  The  Compacting  States  shall  report  to  the
    Interstate Commission on issues or activities of  concern
    to  them,  and  cooperate with and support the Interstate
    Commission  in  the   discharge   of   its   duties   and
    responsibilities.
         (2)  The  Interstate  Commission  shall  attempt  to
    resolve any disputes or other issues which are subject to
    the  Compact  and which may arise among Compacting States
    and Non-compacting States.
         (3)  The Interstate Commission shall enact a  By-law
    or  promulgate  a  Rule  providing for both mediation and
    binding  dispute  resolution  for  disputes   among   the
    Compacting States.
    (c)  Enforcement.   The  Interstate  Commission,  in  the
reasonable exercise of  its  discretion,  shall  enforce  the
provisions  of  this compact using any or all means set forth
in Article XII, Section (b), of this compact.
                         ARTICLE X:
                           FINANCE
    (a)  The Interstate Commission shall pay or  provide  for
the  payment of the reasonable expenses of its establishment,
organization and ongoing activities.
    (b)  The Interstate Commission shall levy on and  collect
an  annual assessment from each Compacting State to cover the
cost  of  the  internal  operations  and  activities  of  the
Interstate Commission and its staff which must be in a  total
amount sufficient to cover the Interstate Commission's annual
budget as approved each year. The aggregate annual assessment
amount  shall  be  allocated  based  upon  a  formula  to  be
determined   by   the   Interstate  Commission,  taking  into
consideration the population of the state and the  volume  of
interstate movement of offenders in each Compacting State and
shall  promulgate  a  Rule binding upon all Compacting States
which governs said assessment.
    (c)  The  Interstate  Commission  shall  not  incur   any
obligations  of any kind prior to securing the funds adequate
to meet the same; nor shall the Interstate Commission  pledge
the  credit  of  any  of the compacting states, except by and
with the authority of the compacting state.
    (d)  The  Interstate  Commission  shall   keep   accurate
accounts  of all receipts and disbursements. The receipts and
disbursements of the Interstate Commission shall  be  subject
to  the audit and accounting procedures established under its
By-laws. However, all receipts  and  disbursements  of  funds
handled  by the Interstate Commission shall be audited yearly
by a certified or licensed public accountant and  the  report
of  the  audit  shall  be  included in and become part of the
annual report of the Interstate Commission.
                         ARTICLE XI:
       COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
    (a)  Any state, as defined in Article II of this compact,
is eligible to become a Compacting State.
    (b)  The Compact shall become effective and binding  upon
legislative enactment of the Compact into law by no less than
35  of  the  States.  The initial effective date shall be the
later of July 1, 2001, or upon enactment into law by the 35th
jurisdiction.  Thereafter  it  shall  become  effective   and
binding,  as to any other Compacting State, upon enactment of
the  Compact  into  law  by  that  State.  The  governors  of
Non-member states or  their  designees  will  be  invited  to
participate  in  Interstate  Commission  activities on a non-
voting basis prior to adoption of the compact by  all  states
and territories of the United States.
    (c)  Amendments  to  the  Compact  may be proposed by the
Interstate Commission for enactment by the Compacting States.
No amendment shall become  effective  and  binding  upon  the
Interstate  Commission  and  the Compacting States unless and
until it is enacted into law  by  unanimous  consent  of  the
Compacting States.
                        ARTICLE XII:
       WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL
                         ENFORCEMENT
    (a)  Withdrawal.
         (1)  Once  effective,  the Compact shall continue in
    force and remain binding upon each and  every  Compacting
    State;  PROVIDED,  that  a  Compacting State may withdraw
    from the Compact  ("Withdrawing  State")  by  enacting  a
    statute  specifically repealing the statute which enacted
    the Compact into law.
         (2)  The  effective  date  of  withdrawal   is   the
    effective date of the repeal.
         (3)  The  Withdrawing State shall immediately notify
    the Chairperson of the Interstate Commission  in  writing
    upon  the  introduction  of  legislation  repealing  this
    Compact   in   the   Withdrawing  State.  The  Interstate
    Commission shall notify the other  Compacting  States  of
    the  Withdrawing  State's intent to withdraw within sixty
    days of its receipt thereof.
         (4)  The Withdrawing State is  responsible  for  all
    assessments, obligations and liabilities incurred through
    the   effective   date   of   withdrawal,  including  any
    obligations, the performance of which extend  beyond  the
    effective date of withdrawal.
         (5)  Reinstatement   following   withdrawal  of  any
    Compacting State shall occur upon the  Withdrawing  State
    reenacting  the  Compact  or  upon  such  later  date  as
    determined by the Interstate Commission.
    (b)  Default.
         (1)  If  the  Interstate  Commission determines that
    any  Compacting  State  has   at   any   time   defaulted
    ("Defaulting  State")  in  the  performance of any of its
    obligations or responsibilities under this  Compact,  the
    By-laws  or  any  duly  promulgated Rules, the Interstate
    Commission  may  impose  any  or  all  of  the  following
    penalties:
              (i)  Fines, fees and costs in such  amounts  as
         are   deemed  to  be  reasonable  as  fixed  by  the
         Interstate Commission;
              (ii)  Remedial    training    and     technical
         assistance as directed by the Interstate Commission;
              (iii)  Suspension and termination of membership
         in  the  compact.  Suspension  shall be imposed only
         after  all  other  reasonable  means   of   securing
         compliance  under  the  By-laws  and Rules have been
         exhausted. Immediate notice of suspension  shall  be
         given  by the Interstate Commission to the Governor,
         the Chief Justice or Chief Judicial Officer  of  the
         state,  the  majority  and  minority  leaders of the
         defaulting  state's  legislature,  and   the   State
         Council.
         (2)  The  grounds  for  default include, but are not
    limited to, failure of a Compacting State to perform such
    obligations or responsibilities imposed upon it  by  this
    compact,   Interstate   Commission   By-laws,   or   duly
    promulgated   Rules.   The  Interstate  Commission  shall
    immediately notify the Defaulting State in writing of the
    penalty imposed  by  the  Interstate  Commission  on  the
    Defaulting  State  pending  a  cure  of  the default. The
    Interstate Commission shall stipulate the conditions  and
    the  time  period  within which the Defaulting State must
    cure its default. If the Defaulting State fails  to  cure
    the  default  within  the  time  period  specified by the
    Interstate Commission, in addition to any other penalties
    imposed herein, the Defaulting State  may  be  terminated
    from  the  Compact upon an affirmative vote of a majority
    of the Compacting States and all rights,  privileges  and
    benefits  conferred  by  this Compact shall be terminated
    from the effective date of suspension. Within sixty  days
    of  the  effective  date  of  termination of a Defaulting
    State,  the  Interstate  Commission  shall   notify   the
    Governor, the Chief Justice or Chief Judicial Officer and
    the  Majority  and  Minority  Leaders  of  the Defaulting
    State's  legislature  and  the  state  council  of   such
    termination.
         (3)  The  Defaulting  State  is  responsible for all
    assessments, obligations and liabilities incurred through
    the  effective  date   of   termination   including   any
    obligations,  the performance of which extends beyond the
    effective date of termination.
         (4)  The Interstate Commission shall  not  bear  any
    costs  relating  to the Defaulting State unless otherwise
    mutually agreed upon between  the  Interstate  Commission
    and the Defaulting State.
         (5)  Reinstatement   following  termination  of  any
    Compacting State  requires  both  a  reenactment  of  the
    Compact  by  the Defaulting State and the approval of the
    Interstate Commission pursuant to the Rules.
    (c)  Judicial Enforcement. The Interstate Commission may,
by majority vote of the Members, initiate legal action in the
United States District Court for the District of Columbia or,
at the  discretion  of  the  Interstate  Commission,  in  the
Federal  District  where  the  Interstate  Commission has its
offices to enforce compliance  with  the  provisions  of  the
Compact,  its duly promulgated Rules and By-laws, against any
Compacting  State  in  default.   In   the   event   judicial
enforcement  is  necessary  the  prevailing  party  shall  be
awarded  all  costs  of  such litigation including reasonable
attorneys fees.
    (d)  Dissolution of Compact.
         (1)  The Compact dissolves effective upon  the  date
    of  the  withdrawal  or  default  of the Compacting State
    which reduces membership in the Compact to one Compacting
    State.
         (2)  Upon  the  dissolution  of  this  Compact,  the
    Compact becomes null and void and shall be of no  further
    force  or  effect,  and  the  business and affairs of the
    Interstate Commission shall be wound up and  any  surplus
    funds   shall  be  distributed  in  accordance  with  the
    By-laws.
                        ARTICLE XIII:
                SEVERABILITY AND CONSTRUCTION
    (a)  The provisions of this Compact shall  be  severable,
and  if  any  phrase, clause, sentence or provision is deemed
unenforceable, the remaining provisions of the Compact  shall
be enforceable.
    (b)  The  provisions  of  this Compact shall be liberally
constructed to effectuate its purposes.
                        ARTICLE XIV:
          BINDING EFFECT OF COMPACT AND OTHER LAWS
    (a)  Other Laws.
         (1)  Nothing herein prevents the enforcement of  any
    other  law of a Compacting State that is not inconsistent
    with this Compact.
         (2)  All Compacting States'  laws  conflicting  with
    this   Compact  are  superseded  to  the  extent  of  the
    conflict.
    (b)  Binding Effect of the Compact.
         (1)  All   lawful   actions   of   the    Interstate
    Commission,  including  all Rules and By-laws promulgated
    by  the  Interstate  Commission,  are  binding  upon  the
    Compacting States.
         (2)  All   agreements   between    the    Interstate
    Commission  and  the  Compacting  States  are  binding in
    accordance with their terms.
         (3)  Upon the request of a party to a conflict  over
    meaning   or   interpretation  of  Interstate  Commission
    actions, and upon  a  majority  vote  of  the  Compacting
    States,  the  Interstate  Commission  may  issue advisory
    opinions regarding such meaning or interpretation.
         (4)  In the event  any  provision  of  this  Compact
    exceeds   the   constitutional   limits  imposed  on  the
    legislature of any  Compacting  State,  the  obligations,
    duties,  powers or jurisdiction sought to be conferred by
    such provision upon the Interstate  Commission  shall  be
    ineffective  and  such  obligations,  duties,  powers  or
    jurisdiction  shall  remain  in  the Compacting State and
    shall be exercised by the agency thereof  to  which  such
    obligations, duties, powers or jurisdiction are delegated
    by  law  in  effect  at  the  time  this  Compact becomes
    effective.

    Section 105.  The Illinois Administrative  Procedure  Act
is amended by changing Section 1-5 as follows:

    (5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
    Sec. 1-5.  Applicability.
    (a)  This  Act applies to every agency as defined in this
Act. Beginning January 1, 1978, in case of  conflict  between
the provisions of this Act and the Act creating or conferring
power  on an agency, this Act shall control.  If, however, an
agency (or its predecessor in the case of an agency that  has
been  consolidated or reorganized) has existing procedures on
July 1, 1977, specifically for contested cases or  licensing,
those existing provisions control, except that this exception
respecting  contested  cases  and licensing does not apply if
the Act creating or conferring power on the agency adopts  by
express  reference the provisions of this Act.  Where the Act
creating  or  conferring  power  on  an  agency   establishes
administrative  procedures  not  covered  by  this Act, those
procedures shall remain in effect.
    (b)  The provisions of this  Act  do  not  apply  to  (i)
preliminary  hearings,  investigations, or practices where no
final determinations affecting State funding are made by  the
State  Board  of  Education, (ii) legal opinions issued under
Section 2-3.7 of the School Code, (iii) as to State  colleges
and    universities,   their   disciplinary   and   grievance
proceedings, academic  irregularity  and  capricious  grading
proceedings, and admission standards and procedures, and (iv)
the   class   specifications  for  positions  and  individual
position  descriptions  prepared  and  maintained  under  the
Personnel Code.  Those class specifications  shall,  however,
be made reasonably available to the public for inspection and
copying.  The provisions of this Act do not apply to hearings
under  Section  20  of  the  Uniform Disposition of Unclaimed
Property Act.
    (c)  Section 5-35 of this Act relating to procedures  for
rulemaking does not apply to the following:
         (1)  Rules  adopted  by  the Pollution Control Board
    that, in accordance with Section 7.2 of the Environmental
    Protection Act, are identical  in  substance  to  federal
    regulations    or   amendments   to   those   regulations
    implementing the following: Sections  3001,  3002,  3003,
    3004,  3005,  and  9003  of the Solid Waste Disposal Act;
    Section 105 of the Comprehensive Environmental  Response,
    Compensation, and Liability Act of 1980; Sections 307(b),
    307(c),  307(d),  402(b)(8), and 402(b)(9) of the Federal
    Water  Pollution  Control  Act;  and  Sections   1412(b),
    1414(c),  1417(a), 1421, and 1445(a) of the Safe Drinking
    Water Act.
         (2)  Rules adopted by the  Pollution  Control  Board
    that  establish  or  amend  standards for the emission of
    hydrocarbons and carbon monoxide  from  gasoline  powered
    motor   vehicles  subject  to  inspection  under  Section
    13A-105 of the Vehicle Emissions Inspection Law and rules
    adopted under Section 13B-20  of  the  Vehicle  Emissions
    Inspection Law of 1995.
         (3)  Procedural   rules  adopted  by  the  Pollution
    Control Board governing  requests  for  exceptions  under
    Section 14.2 of the Environmental Protection Act.
         (4)  The  Pollution  Control Board's grant, pursuant
    to an adjudicatory determination, of an adjusted standard
    for persons who can justify an adjustment consistent with
    subsection  (a)  of  Section  27  of  the   Environmental
    Protection Act.
         (5)  Rules  adopted  by  the Pollution Control Board
    that  are  identical  in  substance  to  the  regulations
    adopted by the Office of the  State  Fire  Marshal  under
    clause (ii) of paragraph (b) of subsection (3) of Section
    2 of the Gasoline Storage Act.
    (d)  Pay  rates  established  under  Section  8a  of  the
Personnel  Code  shall be amended or repealed pursuant to the
process set forth in Section 5-50 within  30  days  after  it
becomes  necessary  to  do  so  due to a conflict between the
rates and the terms  of  a  collective  bargaining  agreement
covering  the  compensation  of  an  employee subject to that
Code.
    (e)  Section 10-45 of this Act shall  not  apply  to  any
hearing, proceeding, or investigation conducted under Section
13-515 of the Public Utilities Act.
    (f)  Article  10  of  this  Act  does  not  apply  to any
hearing, proceeding, or investigation conducted by the  State
Council  for  the  State  of  Illinois  created under Section
3-3-11.05 of the  Unified  Code  of  Corrections  or  by  the
Interstate  Commision  for Adult Offender Supervision created
under the Interstate Compact for Adult Offender Supervision.
(Source:  P.A.  90-9,  eff.  7-1-97;  90-185,  eff.  7-23-97;
90-655, eff. 7-30-98.)

    Section 110.  The Unified Code of Corrections is  amended
by  changing  Sections  3-3-11.1, 3-3-11.4, 3-3-11.5, 3-3-12,
5-4-3, and 5-6-3 and adding Section 3-3-11.05 as follows:

    (730 ILCS 5/3-3-11.05 new)
    Sec. 3-3-11.05.  State Council for the State of Illinois.
    (a)  Membership and appointing authority.
         (1)  A  State   Compact   Administrator   shall   be
    appointed  by  the  Governor.  The  Compact Administrator
    shall be a representative of the Illinois  Department  of
    Corrections  and  shall serve as Chairperson of the State
    Council, as well as act as the  day-to-day  administrator
    for   the   Interstate   Compact   for   Adult   Offender
    Supervision.  The State Compact Administrator shall serve
    as the State's Commissioner to the Interstate  Commission
    as provided in Article IV of the Compact.
         (2)  A  Deputy  Compact Administrator from probation
    shall be appointed by the Supreme Court.
         (3)  A representative  shall  be  appointed  by  the
    Speaker of the House of Representatives.
         (4)  A  representative  shall  be  appointed  by the
    Minority Leader of the House of Representatives.
         (5)  A representative  shall  be  appointed  by  the
    President of the Senate.
         (6)  A  representative  shall  be  appointed  by the
    Minority Leader of the Senate.
         (7)  A judicial representative shall be appointed by
    the Supreme Court.
         (8)  A representative from a crime victims' advocacy
    group shall be appointed by the Governor.
         (9)  A parole representative shall be  appointed  by
    the Director of Corrections.
         (10)  A  probation representative shall be appointed
    by the Director  of  the  Administrative  Office  of  the
    Illinois Courts.
         (11)  The    persons    appointed    under   clauses
    (1)  through  (10)  of  this  subsection  (a)  shall   be
    voting members of the State Council. With the approval of
    the    State    Council,   persons   representing   other
    organizations that may have an interest  in  the  Compact
    may  also  be appointed to serve as non-voting members of
    the State  Council  by  those  interested  organizations.
    Those  organizations may include, but are not limited to,
    the  Illinois   Sheriffs'   Association,   the   Illinois
    Association  of  Chiefs  of  Police, the Illinois State's
    Attorneys  Association,  and  the  Office   of   Attorney
    General.
    (b)  Terms of appointment.
         (1)  The   Compact   Administrator  and  the  Deputy
    Compact Administrator from Probation shall serve  at  the
    will of their respective appointing authorities.
         (2)  The     crime     victims'    advocacy    group
    representative and the judicial representative shall each
    serve an initial term of 2 years. Thereafter, they  shall
    each serve for a term of 4 years.
         (3)  The representatives appointed by the Speaker of
    the  House  of  Representatives,  the  President  of  the
    Senate,   the   Minority   Leader   of   the   House   of
    Representatives,  and  the  Minority Leader of the Senate
    shall each serve for a term of 4 years. If one  of  these
    representatives   shall   not  be  able  to  fulfill  the
    completion   of   his   or   her   term,   then   another
    representative  shall  be  appointed  by   his   or   her
    respective  appointing authority for the remainder of his
    or her term.
         (4)  The probation  representative  and  the  parole
    representative shall each serve a term of 2 years.
    (c)  Duties and responsibilities.
         (1)  The  duties  and  responsibilities of the State
    Council shall be:
              (A)  To appoint the State Compact Administrator
         as  Illinois'   Commissioner   on   the   Interstate
         Commission.
              (B)  To  develop  by-laws  for the operation of
         the State Council.
              (C)  To establish policies and  procedures  for
         the Interstate Compact operations in Illinois.
              (D)  To    monitor    and   remediate   Compact
         compliance issues in Illinois.
              (E)  To  promote  system  training  and  public
         awareness  regarding  the  Compact's   mission   and
         mandates.
              (F)  To   meet   at  least  twice  a  year  and
         otherwise as called by the Chairperson.
              (G)  To allow for the appointment of non-voting
         members as deemed appropriate.
              (H)  To issue rules in accordance with  Article
         5 of the Illinois Administrative Procedure Act.
              (I)  To publish Interstate Commission rules.
    (d)  Funding.  The  State  shall appropriate funds to the
Department of Corrections to support the  operations  of  the
State  Council  and  its  membership  dues  to the Interstate
Commission.
    (e)  Penalties. Procedures for  assessment  of  penalties
imposed  pursuant  to  Article  XII  of  the Compact shall be
established by the State Council.
    (f)  Notification of ratification of Compact.  The  State
Compact Administrator shall notify the Governor and Secretary
of State when 35 States have enacted the Compact.
    (730 ILCS 5/3-3-11.1) (from Ch. 38, par. 1003-3-11.1)
    Sec.   3-3-11.1.  State  defined.  As  used  in  Sections
3-3-11.05 3-3-11 through 3-3-11.3, unless the context clearly
indicates otherwise, the term "State" means a  state  of  the
United  States,  the  District  of  Columbia,  and  any other
territorial possessions of  the  United  States  any  of  the
several  states  of the United States and the Commonwealth of
Puerto  Rico,  the  Virgin  Islands,  and  the  District   of
Columbia.
(Source: P.A. 77-2097.)

    (730 ILCS 5/3-3-11.4) (from Ch. 38, par. 1003-3-11.4)
    Sec. 3-3-11.4. Where supervision of an offender a parolee
or   probationer   is  being  administered  pursuant  to  the
Interstate Compact for  Adult  Offender  the  Supervision  of
Parolees  and  Probationers (Section 3-3-11), the appropriate
judicial or administrative authorities in  this  State  shall
notify   the  Compact  Administrator  of  the  sending  State
whenever, in their view, consideration  should  be  given  to
retaking   or  reincarceration  for  a  parole  or  probation
violation. Prior to the giving of any  such  notification,  a
hearing  shall be held within a reasonable time as to whether
there is probable cause to believe that the offender  parolee
or  probationer  has  violated  a  condition of his parole or
probation, unless such hearing is waived by the  offender  by
way  of  an  admission  of  guilt parolee or probationer. The
appropriate officer or officers of this State shall  as  soon
as  practicable,  following  termination of any such hearing,
report to the sending State, furnish a copy  of  the  hearing
record, and make recommendations regarding the disposition to
be made of the offender parolee or probationer.
(Source: P.A. 78-939.)

    (730 ILCS 5/3-3-11.5)
    Sec. 3-3-11.5.  Sex offender restrictions.
    (a)  Definition.   For  purposes  of  this  Act,  a  "sex
offender"  is  any  person  who  has ever been convicted of a
sexual offense or attempt to commit  a  sexual  offense,  and
sentenced  to  a term of imprisonment, periodic imprisonment,
fine, probation, conditional discharge or any other  form  of
sentence, or given a disposition of court supervision for the
offense;  or  adjudicated or found to be a sexually dangerous
person under any law substantially similar  to  the  Sexually
Dangerous Persons Act.
    (b)  Residency  restrictions.   No  sex offender shall be
accepted for supervised or conditioned residency in  Illinois
under   the   Interstate   Compact  for  Adult  Offender  the
Supervision of Parolees and Probationers unless he or she:
         (1)  Complies  with  any  registration  requirements
    imposed by the Sex Offender Registration Act  within  the
    times   prescribed  and  with  law  enforcement  agencies
    designated under that Act;
         (2)  Complies with  the  requirements  of  paragraph
    (a)(5)  of   Section   5-4-3   of  the  Unified  Code  of
    Corrections relating to the submission of blood specimens
    for genetic marker grouping by persons  seeking  transfer
    to or residency in Illinois; and
         (3)  Signs a written form approved by the Department
    of   Corrections   which,  at  a  minimum,  includes  the
    substance of this Section or  a  summary  of  it  and  an
    acknowledgement  that  he  or  she agrees to abide by the
    conditions set forth in that document and this Section.
(Source: P.A. 89-8, eff. 1-1-96.)

    (730 ILCS 5/3-3-12) (from Ch. 38, par. 1003-3-12)
    Sec. 3-3-12. Parole Outside State.  The  Prisoner  Review
Board  may  assign  a  non-resident  person or a person whose
family, relatives, friends or employer reside outside of this
State, to a person, firm or company in some state other  than
Illinois, to serve his parole or mandatory supervised release
pursuant   to  the  Interstate  Compact  for  Adult  Offender
Supervision. An inmate so released shall make regular monthly
reports  in  writing  to  the   Department   or   supervising
authority, obey the rules of the Board, obey the laws of such
other  state,  and in all respects keep faithfully his parole
or mandatory supervised release agreement  until  discharged.
Should  such  person violate his agreement, he shall from the
date of such  violation  be  subject  to  the  provisions  of
Section 3-3-9.
(Source: P.A. 80-1099.)

    (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
    Sec.  5-4-3.  Persons  convicted  of, or found delinquent
for, qualifying offenses  or  institutionalized  as  sexually
dangerous; blood specimens; genetic marker groups.
    (a)  Any  person  convicted  of,  found  guilty under the
Juvenile Court Act of 1987 for, or who received a disposition
of court supervision for, a qualifying offense or attempt  of
a  qualifying  offense,  or  institutionalized  as a sexually
dangerous person under the Sexually Dangerous Persons Act, or
committed as a sexually violent  person  under  the  Sexually
Violent  Persons  Commitment  Act  shall,  regardless  of the
sentence  or  disposition  imposed,  be  required  to  submit
specimens of blood to the Illinois Department of State Police
in accordance with the provisions of this  Section,  provided
such person is:
         (1)  convicted of a qualifying offense or attempt of
    a  qualifying  offense  on or after the effective date of
    this amendatory Act of 1989, and sentenced to a  term  of
    imprisonment,  periodic  imprisonment,  fine,  probation,
    conditional  discharge  or any other form of sentence, or
    given a disposition of court supervision for the offense,
    or
         (1.5)  found guilty or given supervision  under  the
    Juvenile  Court  Act  of 1987 for a qualifying offense or
    attempt of a qualifying offense on or after the effective
    date of this amendatory Act of 1996, or
         (2)  ordered   institutionalized   as   a   sexually
    dangerous person on or after the effective date  of  this
    amendatory Act of 1989, or
         (3)  convicted of a qualifying offense or attempt of
    a  qualifying  offense  before the effective date of this
    amendatory Act of 1989 and is  presently  confined  as  a
    result  of  such  conviction  in  any  State correctional
    facility  or  county  jail  or  is  presently  serving  a
    sentence of probation, conditional discharge or  periodic
    imprisonment as a result of such conviction, or
         (4)  presently   institutionalized   as  a  sexually
    dangerous person  or  presently  institutionalized  as  a
    person  found guilty but mentally ill of a sexual offense
    or attempt to commit a sexual offense; or
         (4.5)  ordered  committed  as  a  sexually   violent
    person  on  or  after  the effective date of the Sexually
    Violent Persons Commitment Act; or
         (5)  seeking transfer to or  residency  in  Illinois
    under  Sections  3-3-11.05 3-3-11 through 3-3-11.5 of the
    Unified Code of Corrections and the  (Interstate  Compact
    for  Adult  Offender  the  Supervision  of  Parolees  and
    Probationers)  or  the  Interstate Agreements on Sexually
    Dangerous Persons Act.
    (a-5)  Any person  who  was  otherwise  convicted  of  or
received  a  disposition  of  court supervision for any other
offense under the  Criminal  Code  of  1961  or  any  offense
classified  as  a  felony under Illinois law or who was found
guilty or given supervision for such a  violation  under  the
Juvenile  Court  Act of 1987, may, regardless of the sentence
imposed, be required by an  order  of  the  court  to  submit
specimens of blood to the Illinois Department of State Police
in accordance with the provisions of this Section.
    (b)  Any  person required by paragraphs (a)(1), (a)(1.5),
(a)(2), and (a-5) to provide specimens of blood shall provide
specimens  of  blood  within  45  days  after  sentencing  or
disposition at a collection site designated by  the  Illinois
Department of State Police.
    (c)  Any  person  required  by paragraphs (a)(3), (a)(4),
and (a)(4.5)  to provide specimens of blood shall be required
to provide such samples prior to final discharge, parole,  or
release  at  a  collection  site  designated  by the Illinois
Department of State Police.
    (c-5)  Any  person  required  by   paragraph   (a)(5)  to
provide specimens of blood shall, where feasible, be required
to   provide   the   specimens   before  being  accepted  for
conditioned  residency  in  Illinois  under  the   interstate
compact or agreement, but no later than 45 days after arrival
in this State.
    (d)  The   Illinois  Department  of  State  Police  shall
provide all equipment  and  instructions  necessary  for  the
collection of blood samples.  The collection of samples shall
be   performed  in  a  medically  approved  manner.   Only  a
physician authorized to practice medicine, a registered nurse
or  other  qualified  person  trained  in  venipuncture   may
withdraw  blood  for  the  purposes of this Act.  The samples
shall thereafter be forwarded to the Illinois  Department  of
State Police, Division of Forensic Services, for analysis and
categorizing into genetic marker groupings.
    (e)  The  genetic marker groupings shall be maintained by
the Illinois Department of State Police, Division of Forensic
Services.
    (f)  The genetic  marker  grouping  analysis  information
obtained pursuant to this Act shall be confidential and shall
be  released  only to peace officers of the United States, of
other states or territories, of the  insular  possessions  of
the  United  States,  of foreign countries duly authorized to
receive the same, to all  peace  officers  of  the  State  of
Illinois  and to all prosecutorial agencies.  Notwithstanding
any  other  statutory  provision   to   the   contrary,   all
information  obtained  under this Section shall be maintained
in a single State data base, which may  be  uploaded  into  a
national database, and may not be subject to expungement.
    (g)  For   the  purposes  of  this  Section,  "qualifying
offense" means any of the following:
         (1)  Any violation or inchoate violation of  Section
    11-6,  11-9.1, 11-11, 11-15.1, 11-17.1, 11-18.1, 11-19.1,
    11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, or
    12-33 of the Criminal Code of 1961, or
         (1.1)  Any  violation  or  inchoate   violation   of
    Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2,
    18-3,  18-4,  19-1,  or 19-2 of the Criminal Code of 1961
    for which persons are convicted on or after July 1, 2001,
    or
         (2)  Any former statute of this State which  defined
    a felony sexual offense, or
         (3)  Any  violation of paragraph (10)  of subsection
    (b)  of Section 10-5 of the Criminal Code  of  1961  when
    the  sentencing  court,  upon  a  motion  by  the State's
    Attorney or Attorney General, makes a  finding  that  the
    child   luring   involved  an  intent  to  commit  sexual
    penetration or sexual conduct as defined in Section 12-12
    of the Criminal Code of 1961, or
         (4)  Any violation or inchoate violation of  Section
    9-3.1,  11-9.3,  12-3.3,  12-4.2, 12-4.3, 12-7.3, 12-7.4,
    18-5, 19-3, 20-1.1, or 20.5-5 of  the  Criminal  Code  of
    1961.
    (g-5)  The  Department of State Police is not required to
provide equipment to collect or to accept  or  process  blood
specimens from individuals convicted of any offense listed in
paragraph (1.1)  or (4)  of subsection (g), until acquisition
of  the  resources necessary to process such blood specimens,
or in the case of paragraph (1.1)  of  subsection  (g)  until
July 1, 2003, whichever is earlier.
    Upon  acquisition  of  necessary  resources, including an
appropriation for the purpose of implementing this amendatory
Act of  the  91st  General  Assembly,  but  in  the  case  of
paragraph  (1.1)  of  subsection  (g)  no  later than July 1,
2003,  the  Department  of  State  Police  shall  notify  the
Department of Corrections, the Administrative Office  of  the
Illinois  Courts,  and any other entity deemed appropriate by
the Department of  State  Police,  to  begin  blood  specimen
collection  from individuals convicted of offenses enumerated
in paragraphs (1.1)  and  (4)  of  subsection  (g)  that  the
Department  is  prepared  to provide collection equipment and
receive  and  process  blood   specimens   from   individuals
convicted  of  offenses  enumerated  in  paragraph  (1.1)  of
subsection (g).
    Until   the   Department   of   State   Police   provides
notification, designated collection agencies are not required
to  collect  blood  specimen  from  individuals  convicted of
offenses  enumerated   in   paragraphs   (1.1)  and   (4)  of
subsection (g).
    (h)  The Illinois Department of State Police shall be the
State  central  repository  for  all  genetic marker grouping
analysis information obtained  pursuant  to  this  Act.   The
Illinois  Department of State Police may promulgate rules for
the form and manner of the collection of  blood  samples  and
other   procedures  for  the  operation  of  this  Act.   The
provisions of the Administrative Review Law  shall  apply  to
all actions taken under the rules so promulgated.
    (i)  A  person required to provide a blood specimen shall
cooperate  with  the  collection  of  the  specimen  and  any
deliberate act by that person intended to  impede,  delay  or
stop  the  collection  of  the  blood  specimen  is a Class A
misdemeanor.
    (j)  Any person required  by  subsection  (a)  to  submit
specimens of blood to the Illinois Department of State Police
for analysis and categorization into genetic marker grouping,
in  addition  to  any  other  disposition,  penalty,  or fine
imposed, shall pay an analysis fee of  $500.   Upon  verified
petition  of the person, the court may suspend payment of all
or part of the fee if it finds that the person does not  have
the ability to pay the fee.
    (k)  All analysis and categorization fees provided for by
subsection (j) shall be regulated as follows:
         (1)  The  State  Offender  DNA Identification System
    Fund is hereby created as a special  fund  in  the  State
    Treasury.
         (2)  All fees shall be collected by the clerk of the
    court   and   forwarded   to   the   State  Offender  DNA
    Identification System Fund for deposit.  The clerk of the
    circuit court may retain the  amount  of  $10  from  each
    collected  analysis  fee  to  offset administrative costs
    incurred in carrying  out  the  clerk's  responsibilities
    under this Section.
         (3)  Fees  deposited  into  the  State  Offender DNA
    Identification System Fund  shall  be  used  by  Illinois
    State  Police  crime  laboratories  as  designated by the
    Director of  State  Police.   These  funds  shall  be  in
    addition  to  any  allocations  made pursuant to existing
    laws and shall be designated for  the  exclusive  use  of
    State  crime  laboratories.   These uses may include, but
    are not limited to, the following:
              (A)  Costs incurred in providing  analysis  and
         genetic   marker   categorization   as  required  by
         subsection (d).
              (B)  Costs  incurred  in  maintaining   genetic
         marker groupings as required by subsection (e).
              (C)  Costs   incurred   in   the  purchase  and
         maintenance  of  equipment  for  use  in  performing
         analyses.
              (D)  Costs incurred in continuing research  and
         development  of  new  techniques  for  analysis  and
         genetic marker categorization.
              (E)  Costs  incurred  in  continuing education,
         training, and professional development  of  forensic
         scientists regularly employed by these laboratories.
    (l)  The failure of a person to provide a specimen, or of
any person or agency to collect a specimen, within the 45 day
period  shall in no way alter the obligation of the person to
submit such  specimen,  or  the  authority  of  the  Illinois
Department  of  State  Police  or  persons  designated by the
Department to collect the specimen, or the authority  of  the
Illinois  Department  of  State Police to accept, analyze and
maintain the specimen or to maintain  or  upload  results  of
genetic  marker grouping analysis information into a State or
national database.
(Source: P.A.  91-528,  eff.  1-1-00;  92-16,  eff.  6-28-01;
92-40, eff. 6-29-01.)

    (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, 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.  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;  revised
10-11-01.)

    (730 ILCS 5/3-3-11 rep.)
    Section  110.  The Unified Code of Corrections is amended
by repealing Section 3-3-11.

    Section 999.  Effective date.  This Act takes effect upon
the enactment of the Interstate Compact  for  Adult  Offender
Supervision  by  35 States, except that this Section, Article
IV of Section 5, and Section 3-3-11.05 of the Unified Code of
Corrections take effect upon becoming law.
    Passed in the General Assembly April 24, 2002.
    Approved June 26, 2002.
    Effective June 26, 2002.
    Effective INDETERMINATE.

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