101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0932

 

Introduced , by Rep. Melissa Conyears-Ervin

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-6-3  from Ch. 38, par. 1005-6-3

    Amends the Unified Code of Corrections. Provides that the court may, as a condition of probation or conditional discharge, require the person, if convicted of an offense that is not a crime of violence or if convicted of a probationable violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, attend an employment workshop or job training program, if the workshop or program is available in the jurisdiction during the period of the person's probation or conditional discharge. Provides that notwithstanding any provision to the contrary, a person sentenced to probation or conditional discharge may not be required to pay a fee as a condition of attending an employment workshop or job training program as ordered by the court.


LRB101 06189 SLF 51212 b

 

 

A BILL FOR

 

HB0932LRB101 06189 SLF 51212 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 5-6-3 as follows:
 
6    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
7    Sec. 5-6-3. Conditions of Probation and of Conditional
8Discharge.
9    (a) The conditions of probation and of conditional
10discharge shall be that the person:
11        (1) not violate any criminal statute of any
12    jurisdiction;
13        (2) report to or appear in person before such person or
14    agency as directed by the court;
15        (3) refrain from possessing a firearm or other
16    dangerous weapon where the offense is a felony or, if a
17    misdemeanor, the offense involved the intentional or
18    knowing infliction of bodily harm or threat of bodily harm;
19        (4) not leave the State without the consent of the
20    court or, in circumstances in which the reason for the
21    absence is of such an emergency nature that prior consent
22    by the court is not possible, without the prior
23    notification and approval of the person's probation

 

 

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1    officer. Transfer of a person's probation or conditional
2    discharge supervision to another state is subject to
3    acceptance by the other state pursuant to the Interstate
4    Compact for Adult Offender Supervision;
5        (5) permit the probation officer to visit him at his
6    home or elsewhere to the extent necessary to discharge his
7    duties;
8        (6) perform no less than 30 hours of community service
9    and not more than 120 hours of community service, if
10    community service is available in the jurisdiction and is
11    funded and approved by the county board where the offense
12    was committed, where the offense was related to or in
13    furtherance of the criminal activities of an organized gang
14    and was motivated by the offender's membership in or
15    allegiance to an organized gang. The community service
16    shall include, but not be limited to, the cleanup and
17    repair of any damage caused by a violation of Section
18    21-1.3 of the Criminal Code of 1961 or the Criminal Code of
19    2012 and similar damage to property located within the
20    municipality or county in which the violation occurred.
21    When possible and reasonable, the community service should
22    be performed in the offender's neighborhood. For purposes
23    of this Section, "organized gang" has the meaning ascribed
24    to it in Section 10 of the Illinois Streetgang Terrorism
25    Omnibus Prevention Act;
26        (7) if he or she is at least 17 years of age and has

 

 

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1    been sentenced to probation or conditional discharge for a
2    misdemeanor or felony in a county of 3,000,000 or more
3    inhabitants and has not been previously convicted of a
4    misdemeanor or felony, may be required by the sentencing
5    court to attend educational courses designed to prepare the
6    defendant for a high school diploma and to work toward a
7    high school diploma or to work toward passing high school
8    equivalency testing or to work toward completing a
9    vocational training program approved by the court. The
10    person on probation or conditional discharge must attend a
11    public institution of education to obtain the educational
12    or vocational training required by this clause (7). The
13    court shall revoke the probation or conditional discharge
14    of a person who wilfully fails to comply with this clause
15    (7). The person on probation or conditional discharge shall
16    be required to pay for the cost of the educational courses
17    or high school equivalency testing if a fee is charged for
18    those courses or testing. The court shall resentence the
19    offender whose probation or conditional discharge has been
20    revoked as provided in Section 5-6-4. This clause (7) does
21    not apply to a person who has a high school diploma or has
22    successfully passed high school equivalency testing. This
23    clause (7) does not apply to a person who is determined by
24    the court to be a person with a developmental disability or
25    otherwise mentally incapable of completing the educational
26    or vocational program;

 

 

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1        (8) if convicted of possession of a substance
2    prohibited by the Cannabis Control Act, the Illinois
3    Controlled Substances Act, or the Methamphetamine Control
4    and Community Protection Act after a previous conviction or
5    disposition of supervision for possession of a substance
6    prohibited by the Cannabis Control Act or Illinois
7    Controlled Substances Act or after a sentence of probation
8    under Section 10 of the Cannabis Control Act, Section 410
9    of the Illinois Controlled Substances Act, or Section 70 of
10    the Methamphetamine Control and Community Protection Act
11    and upon a finding by the court that the person is
12    addicted, undergo treatment at a substance abuse program
13    approved by the court;
14        (8.5) if convicted of a felony sex offense as defined
15    in the Sex Offender Management Board Act, the person shall
16    undergo and successfully complete sex offender treatment
17    by a treatment provider approved by the Board and conducted
18    in conformance with the standards developed under the Sex
19    Offender Management Board Act;
20        (8.6) if convicted of a sex offense as defined in the
21    Sex Offender Management Board Act, refrain from residing at
22    the same address or in the same condominium unit or
23    apartment unit or in the same condominium complex or
24    apartment complex with another person he or she knows or
25    reasonably should know is a convicted sex offender or has
26    been placed on supervision for a sex offense; the

 

 

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1    provisions of this paragraph do not apply to a person
2    convicted of a sex offense who is placed in a Department of
3    Corrections licensed transitional housing facility for sex
4    offenders;
5        (8.7) if convicted for an offense committed on or after
6    June 1, 2008 (the effective date of Public Act 95-464) that
7    would qualify the accused as a child sex offender as
8    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
9    1961 or the Criminal Code of 2012, refrain from
10    communicating with or contacting, by means of the Internet,
11    a person who is not related to the accused and whom the
12    accused reasonably believes to be under 18 years of age;
13    for purposes of this paragraph (8.7), "Internet" has the
14    meaning ascribed to it in Section 16-0.1 of the Criminal
15    Code of 2012; and a person is not related to the accused if
16    the person is not: (i) the spouse, brother, or sister of
17    the accused; (ii) a descendant of the accused; (iii) a
18    first or second cousin of the accused; or (iv) a step-child
19    or adopted child of the accused;
20        (8.8) if convicted for an offense under Section 11-6,
21    11-9.1, 11-14.4 that involves soliciting for a juvenile
22    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
23    of the Criminal Code of 1961 or the Criminal Code of 2012,
24    or any attempt to commit any of these offenses, committed
25    on or after June 1, 2009 (the effective date of Public Act
26    95-983):

 

 

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1            (i) not access or use a computer or any other
2        device with Internet capability without the prior
3        written approval of the offender's probation officer,
4        except in connection with the offender's employment or
5        search for employment with the prior approval of the
6        offender's probation officer;
7            (ii) submit to periodic unannounced examinations
8        of the offender's computer or any other device with
9        Internet capability by the offender's probation
10        officer, a law enforcement officer, or assigned
11        computer or information technology specialist,
12        including the retrieval and copying of all data from
13        the computer or device and any internal or external
14        peripherals and removal of such information,
15        equipment, or device to conduct a more thorough
16        inspection;
17            (iii) submit to the installation on the offender's
18        computer or device with Internet capability, at the
19        offender's expense, of one or more hardware or software
20        systems to monitor the Internet use; and
21            (iv) submit to any other appropriate restrictions
22        concerning the offender's use of or access to a
23        computer or any other device with Internet capability
24        imposed by the offender's probation officer;
25        (8.9) if convicted of a sex offense as defined in the
26    Sex Offender Registration Act committed on or after January

 

 

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1    1, 2010 (the effective date of Public Act 96-262), refrain
2    from accessing or using a social networking website as
3    defined in Section 17-0.5 of the Criminal Code of 2012;
4        (9) if convicted of a felony or of any misdemeanor
5    violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
6    12-3.5 of the Criminal Code of 1961 or the Criminal Code of
7    2012 that was determined, pursuant to Section 112A-11.1 of
8    the Code of Criminal Procedure of 1963, to trigger the
9    prohibitions of 18 U.S.C. 922(g)(9), physically surrender
10    at a time and place designated by the court, his or her
11    Firearm Owner's Identification Card and any and all
12    firearms in his or her possession. The Court shall return
13    to the Department of State Police Firearm Owner's
14    Identification Card Office the person's Firearm Owner's
15    Identification Card;
16        (10) if convicted of a sex offense as defined in
17    subsection (a-5) of Section 3-1-2 of this Code, unless the
18    offender is a parent or guardian of the person under 18
19    years of age present in the home and no non-familial minors
20    are present, not participate in a holiday event involving
21    children under 18 years of age, such as distributing candy
22    or other items to children on Halloween, wearing a Santa
23    Claus costume on or preceding Christmas, being employed as
24    a department store Santa Claus, or wearing an Easter Bunny
25    costume on or preceding Easter;
26        (11) if convicted of a sex offense as defined in

 

 

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1    Section 2 of the Sex Offender Registration Act committed on
2    or after January 1, 2010 (the effective date of Public Act
3    96-362) that requires the person to register as a sex
4    offender under that Act, may not knowingly use any computer
5    scrub software on any computer that the sex offender uses;
6    and
7        (12) if convicted of a violation of the Methamphetamine
8    Control and Community Protection Act, the Methamphetamine
9    Precursor Control Act, or a methamphetamine related
10    offense:
11            (A) prohibited from purchasing, possessing, or
12        having under his or her control any product containing
13        pseudoephedrine unless prescribed by a physician; and
14            (B) prohibited from purchasing, possessing, or
15        having under his or her control any product containing
16        ammonium nitrate.
17    (b) The Court may in addition to other reasonable
18conditions relating to the nature of the offense or the
19rehabilitation of the defendant as determined for each
20defendant in the proper discretion of the Court require that
21the person:
22        (1) serve a term of periodic imprisonment under Article
23    7 for a period not to exceed that specified in paragraph
24    (d) of Section 5-7-1;
25        (2) pay a fine and costs;
26        (3) work or pursue a course of study or vocational

 

 

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1    training;
2        (4) undergo medical, psychological or psychiatric
3    treatment; or treatment for drug addiction or alcoholism;
4        (5) attend or reside in a facility established for the
5    instruction or residence of defendants on probation;
6        (6) support his dependents;
7        (7) and in addition, if a minor:
8            (i) reside with his parents or in a foster home;
9            (ii) attend school;
10            (iii) attend a non-residential program for youth;
11            (iv) contribute to his own support at home or in a
12        foster home;
13            (v) with the consent of the superintendent of the
14        facility, attend an educational program at a facility
15        other than the school in which the offense was
16        committed if he or she is convicted of a crime of
17        violence as defined in Section 2 of the Crime Victims
18        Compensation Act committed in a school, on the real
19        property comprising a school, or within 1,000 feet of
20        the real property comprising a school;
21        (8) make restitution as provided in Section 5-5-6 of
22    this Code;
23        (9) perform some reasonable public or community
24    service;
25        (10) serve a term of home confinement. In addition to
26    any other applicable condition of probation or conditional

 

 

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1    discharge, the conditions of home confinement shall be that
2    the offender:
3            (i) remain within the interior premises of the
4        place designated for his confinement during the hours
5        designated by the court;
6            (ii) admit any person or agent designated by the
7        court into the offender's place of confinement at any
8        time for purposes of verifying the offender's
9        compliance with the conditions of his confinement; and
10            (iii) if further deemed necessary by the court or
11        the Probation or Court Services Department, be placed
12        on an approved electronic monitoring device, subject
13        to Article 8A of Chapter V;
14            (iv) for persons convicted of any alcohol,
15        cannabis or controlled substance violation who are
16        placed on an approved monitoring device as a condition
17        of probation or conditional discharge, the court shall
18        impose a reasonable fee for each day of the use of the
19        device, as established by the county board in
20        subsection (g) of this Section, unless after
21        determining the inability of the offender to pay the
22        fee, the court assesses a lesser fee or no fee as the
23        case may be. This fee shall be imposed in addition to
24        the fees imposed under subsections (g) and (i) of this
25        Section. The fee shall be collected by the clerk of the
26        circuit court, except as provided in an administrative

 

 

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1        order of the Chief Judge of the circuit court. The
2        clerk of the circuit court shall pay all monies
3        collected from this fee to the county treasurer for
4        deposit in the substance abuse services fund under
5        Section 5-1086.1 of the Counties Code, except as
6        provided in an administrative order of the Chief Judge
7        of the circuit court.
8            The Chief Judge of the circuit court of the county
9        may by administrative order establish a program for
10        electronic monitoring of offenders, in which a vendor
11        supplies and monitors the operation of the electronic
12        monitoring device, and collects the fees on behalf of
13        the county. The program shall include provisions for
14        indigent offenders and the collection of unpaid fees.
15        The program shall not unduly burden the offender and
16        shall be subject to review by the Chief Judge.
17            The Chief Judge of the circuit court may suspend
18        any additional charges or fees for late payment,
19        interest, or damage to any device; and
20            (v) for persons convicted of offenses other than
21        those referenced in clause (iv) above and who are
22        placed on an approved monitoring device as a condition
23        of probation or conditional discharge, the court shall
24        impose a reasonable fee for each day of the use of the
25        device, as established by the county board in
26        subsection (g) of this Section, unless after

 

 

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1        determining the inability of the defendant to pay the
2        fee, the court assesses a lesser fee or no fee as the
3        case may be. This fee shall be imposed in addition to
4        the fees imposed under subsections (g) and (i) of this
5        Section. The fee shall be collected by the clerk of the
6        circuit court, except as provided in an administrative
7        order of the Chief Judge of the circuit court. The
8        clerk of the circuit court shall pay all monies
9        collected from this fee to the county treasurer who
10        shall use the monies collected to defray the costs of
11        corrections. The county treasurer shall deposit the
12        fee collected in the probation and court services fund.
13        The Chief Judge of the circuit court of the county may
14        by administrative order establish a program for
15        electronic monitoring of offenders, in which a vendor
16        supplies and monitors the operation of the electronic
17        monitoring device, and collects the fees on behalf of
18        the county. The program shall include provisions for
19        indigent offenders and the collection of unpaid fees.
20        The program shall not unduly burden the offender and
21        shall be subject to review by the Chief Judge.
22            The Chief Judge of the circuit court may suspend
23        any additional charges or fees for late payment,
24        interest, or damage to any device.
25        (11) comply with the terms and conditions of an order
26    of protection issued by the court pursuant to the Illinois

 

 

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1    Domestic Violence Act of 1986, as now or hereafter amended,
2    or an order of protection issued by the court of another
3    state, tribe, or United States territory. A copy of the
4    order of protection shall be transmitted to the probation
5    officer or agency having responsibility for the case;
6        (12) reimburse any "local anti-crime program" as
7    defined in Section 7 of the Anti-Crime Advisory Council Act
8    for any reasonable expenses incurred by the program on the
9    offender's case, not to exceed the maximum amount of the
10    fine authorized for the offense for which the defendant was
11    sentenced;
12        (13) contribute a reasonable sum of money, not to
13    exceed the maximum amount of the fine authorized for the
14    offense for which the defendant was sentenced, (i) to a
15    "local anti-crime program", as defined in Section 7 of the
16    Anti-Crime Advisory Council Act, or (ii) for offenses under
17    the jurisdiction of the Department of Natural Resources, to
18    the fund established by the Department of Natural Resources
19    for the purchase of evidence for investigation purposes and
20    to conduct investigations as outlined in Section 805-105 of
21    the Department of Natural Resources (Conservation) Law;
22        (14) refrain from entering into a designated
23    geographic area except upon such terms as the court finds
24    appropriate. Such terms may include consideration of the
25    purpose of the entry, the time of day, other persons
26    accompanying the defendant, and advance approval by a

 

 

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1    probation officer, if the defendant has been placed on
2    probation or advance approval by the court, if the
3    defendant was placed on conditional discharge;
4        (15) refrain from having any contact, directly or
5    indirectly, with certain specified persons or particular
6    types of persons, including but not limited to members of
7    street gangs and drug users or dealers;
8        (16) refrain from having in his or her body the
9    presence of any illicit drug prohibited by the Cannabis
10    Control Act, the Illinois Controlled Substances Act, or the
11    Methamphetamine Control and Community Protection Act,
12    unless prescribed by a physician, and submit samples of his
13    or her blood or urine or both for tests to determine the
14    presence of any illicit drug;
15        (17) if convicted for an offense committed on or after
16    June 1, 2008 (the effective date of Public Act 95-464) that
17    would qualify the accused as a child sex offender as
18    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
19    1961 or the Criminal Code of 2012, refrain from
20    communicating with or contacting, by means of the Internet,
21    a person who is related to the accused and whom the accused
22    reasonably believes to be under 18 years of age; for
23    purposes of this paragraph (17), "Internet" has the meaning
24    ascribed to it in Section 16-0.1 of the Criminal Code of
25    2012; and a person is related to the accused if the person
26    is: (i) the spouse, brother, or sister of the accused; (ii)

 

 

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1    a descendant of the accused; (iii) a first or second cousin
2    of the accused; or (iv) a step-child or adopted child of
3    the accused;
4        (18) if convicted for an offense committed on or after
5    June 1, 2009 (the effective date of Public Act 95-983) that
6    would qualify as a sex offense as defined in the Sex
7    Offender Registration Act:
8            (i) not access or use a computer or any other
9        device with Internet capability without the prior
10        written approval of the offender's probation officer,
11        except in connection with the offender's employment or
12        search for employment with the prior approval of the
13        offender's probation officer;
14            (ii) submit to periodic unannounced examinations
15        of the offender's computer or any other device with
16        Internet capability by the offender's probation
17        officer, a law enforcement officer, or assigned
18        computer or information technology specialist,
19        including the retrieval and copying of all data from
20        the computer or device and any internal or external
21        peripherals and removal of such information,
22        equipment, or device to conduct a more thorough
23        inspection;
24            (iii) submit to the installation on the offender's
25        computer or device with Internet capability, at the
26        subject's expense, of one or more hardware or software

 

 

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1        systems to monitor the Internet use; and
2            (iv) submit to any other appropriate restrictions
3        concerning the offender's use of or access to a
4        computer or any other device with Internet capability
5        imposed by the offender's probation officer; and
6        (19) refrain from possessing a firearm or other
7    dangerous weapon where the offense is a misdemeanor that
8    did not involve the intentional or knowing infliction of
9    bodily harm or threat of bodily harm; and
10        (20) if convicted of an offense that is not a crime of
11    violence or if convicted of a probationable violation of
12    the Cannabis Control Act, the Illinois Controlled
13    Substances Act, or the Methamphetamine Control and
14    Community Protection Act, attend an employment workshop or
15    job training program, if the workshop or program is
16    available in the jurisdiction during the period of the
17    person's probation or conditional discharge.
18    Notwithstanding any provision to the contrary, a person
19    sentenced to probation or conditional discharge may not be
20    required to pay a fee as a condition of attending an
21    employment workshop or job training program as ordered by
22    the court under this paragraph (20). In this paragraph
23    (20), "crime of violence" has the meaning ascribed to that
24    term in Section 2 of the Crime Victims Compensation Act.
25    (c) The court may as a condition of probation or of
26conditional discharge require that a person under 18 years of

 

 

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1age found guilty of any alcohol, cannabis or controlled
2substance violation, refrain from acquiring a driver's license
3during the period of probation or conditional discharge. If
4such person is in possession of a permit or license, the court
5may require that the minor refrain from driving or operating
6any motor vehicle during the period of probation or conditional
7discharge, except as may be necessary in the course of the
8minor's lawful employment.
9    (d) An offender sentenced to probation or to conditional
10discharge shall be given a certificate setting forth the
11conditions thereof.
12    (e) Except where the offender has committed a fourth or
13subsequent violation of subsection (c) of Section 6-303 of the
14Illinois Vehicle Code, the court shall not require as a
15condition of the sentence of probation or conditional discharge
16that the offender be committed to a period of imprisonment in
17excess of 6 months. This 6 month limit shall not include
18periods of confinement given pursuant to a sentence of county
19impact incarceration under Section 5-8-1.2.
20    Persons committed to imprisonment as a condition of
21probation or conditional discharge shall not be committed to
22the Department of Corrections.
23    (f) The court may combine a sentence of periodic
24imprisonment under Article 7 or a sentence to a county impact
25incarceration program under Article 8 with a sentence of
26probation or conditional discharge.

 

 

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1    (g) An offender sentenced to probation or to conditional
2discharge and who during the term of either undergoes mandatory
3drug or alcohol testing, or both, or is assigned to be placed
4on an approved electronic monitoring device, shall be ordered
5to pay all costs incidental to such mandatory drug or alcohol
6testing, or both, and all costs incidental to such approved
7electronic monitoring in accordance with the defendant's
8ability to pay those costs. The county board with the
9concurrence of the Chief Judge of the judicial circuit in which
10the county is located shall establish reasonable fees for the
11cost of maintenance, testing, and incidental expenses related
12to the mandatory drug or alcohol testing, or both, and all
13costs incidental to approved electronic monitoring, involved
14in a successful probation program for the county. The
15concurrence of the Chief Judge shall be in the form of an
16administrative order. The fees shall be collected by the clerk
17of the circuit court, except as provided in an administrative
18order of the Chief Judge of the circuit court. The clerk of the
19circuit court shall pay all moneys collected from these fees to
20the county treasurer who shall use the moneys collected to
21defray the costs of drug testing, alcohol testing, and
22electronic monitoring. The county treasurer shall deposit the
23fees collected in the county working cash fund under Section
246-27001 or Section 6-29002 of the Counties Code, as the case
25may be. The Chief Judge of the circuit court of the county may
26by administrative order establish a program for electronic

 

 

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1monitoring of offenders, in which a vendor supplies and
2monitors the operation of the electronic monitoring device, and
3collects the fees on behalf of the county. The program shall
4include provisions for indigent offenders and the collection of
5unpaid fees. The program shall not unduly burden the offender
6and shall be subject to review by the Chief Judge.
7    The Chief Judge of the circuit court may suspend any
8additional charges or fees for late payment, interest, or
9damage to any device.
10    (h) Jurisdiction over an offender may be transferred from
11the sentencing court to the court of another circuit with the
12concurrence of both courts. Further transfers or retransfers of
13jurisdiction are also authorized in the same manner. The court
14to which jurisdiction has been transferred shall have the same
15powers as the sentencing court. The probation department within
16the circuit to which jurisdiction has been transferred, or
17which has agreed to provide supervision, may impose probation
18fees upon receiving the transferred offender, as provided in
19subsection (i). For all transfer cases, as defined in Section
209b of the Probation and Probation Officers Act, the probation
21department from the original sentencing court shall retain all
22probation fees collected prior to the transfer. After the
23transfer all probation fees shall be paid to the probation
24department within the circuit to which jurisdiction has been
25transferred.
26    (i) The court shall impose upon an offender sentenced to

 

 

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1probation after January 1, 1989 or to conditional discharge
2after January 1, 1992 or to community service under the
3supervision of a probation or court services department after
4January 1, 2004, as a condition of such probation or
5conditional discharge or supervised community service, a fee of
6$50 for each month of probation or conditional discharge
7supervision or supervised community service ordered by the
8court, unless after determining the inability of the person
9sentenced to probation or conditional discharge or supervised
10community service to pay the fee, the court assesses a lesser
11fee. The court may not impose the fee on a minor who is made a
12ward of the State under the Juvenile Court Act of 1987 while
13the minor is in placement. The fee shall be imposed only upon
14an offender who is actively supervised by the probation and
15court services department. The fee shall be collected by the
16clerk of the circuit court. The clerk of the circuit court
17shall pay all monies collected from this fee to the county
18treasurer for deposit in the probation and court services fund
19under Section 15.1 of the Probation and Probation Officers Act.
20    A circuit court may not impose a probation fee under this
21subsection (i) in excess of $25 per month unless the circuit
22court has adopted, by administrative order issued by the chief
23judge, a standard probation fee guide determining an offender's
24ability to pay Of the amount collected as a probation fee, up
25to $5 of that fee collected per month may be used to provide
26services to crime victims and their families.

 

 

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1    The Court may only waive probation fees based on an
2offender's ability to pay. The probation department may
3re-evaluate an offender's ability to pay every 6 months, and,
4with the approval of the Director of Court Services or the
5Chief Probation Officer, adjust the monthly fee amount. An
6offender may elect to pay probation fees due in a lump sum. Any
7offender that has been assigned to the supervision of a
8probation department, or has been transferred either under
9subsection (h) of this Section or under any interstate compact,
10shall be required to pay probation fees to the department
11supervising the offender, based on the offender's ability to
12pay.
13    This amendatory Act of the 93rd General Assembly deletes
14the $10 increase in the fee under this subsection that was
15imposed by Public Act 93-616. This deletion is intended to
16control over any other Act of the 93rd General Assembly that
17retains or incorporates that fee increase.
18    (i-5) In addition to the fees imposed under subsection (i)
19of this Section, in the case of an offender convicted of a
20felony sex offense (as defined in the Sex Offender Management
21Board Act) or an offense that the court or probation department
22has determined to be sexually motivated (as defined in the Sex
23Offender Management Board Act), the court or the probation
24department shall assess additional fees to pay for all costs of
25treatment, assessment, evaluation for risk and treatment, and
26monitoring the offender, based on that offender's ability to

 

 

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1pay those costs either as they occur or under a payment plan.
2    (j) All fines and costs imposed under this Section for any
3violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
4Code, or a similar provision of a local ordinance, and any
5violation of the Child Passenger Protection Act, or a similar
6provision of a local ordinance, shall be collected and
7disbursed by the circuit clerk as provided under Section 27.5
8of the Clerks of Courts Act.
9    (k) Any offender who is sentenced to probation or
10conditional discharge for a felony sex offense as defined in
11the Sex Offender Management Board Act or any offense that the
12court or probation department has determined to be sexually
13motivated as defined in the Sex Offender Management Board Act
14shall be required to refrain from any contact, directly or
15indirectly, with any persons specified by the court and shall
16be available for all evaluations and treatment programs
17required by the court or the probation department.
18    (l) The court may order an offender who is sentenced to
19probation or conditional discharge for a violation of an order
20of protection be placed under electronic surveillance as
21provided in Section 5-8A-7 of this Code.
22(Source: P.A. 98-575, eff. 1-1-14; 98-718, eff. 1-1-15; 99-143,
23eff. 7-27-15; 99-797, eff. 8-12-16.)