SB2719 Engrossed LRB095 05883 RLC 25974 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. This Act may be referred to as the Cindy Bischof
5 Law.
 
6     Section 10. The State Finance Act is amended by adding
7 Section 5.710 as follows:
 
8     (30 ILCS 105/5.710 new)
9     Sec. 5.710. The Domestic Violence Surveillance Fund.
 
10     Section 20. The Code of Criminal Procedure of 1963 is
11 amended by changing Sections 110-5 and 112A-14 as follows:
 
12     (725 ILCS 5/110-5)  (from Ch. 38, par. 110-5)
13     Sec. 110-5. Determining the amount of bail and conditions
14 of release.
15     (a) In determining the amount of monetary bail or
16 conditions of release, if any, which will reasonably assure the
17 appearance of a defendant as required or the safety of any
18 other person or the community and the likelihood of compliance
19 by the defendant with all the conditions of bail, the court
20 shall, on the basis of available information, take into account

 

 

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1 such matters as the nature and circumstances of the offense
2 charged, whether the evidence shows that as part of the offense
3 there was a use of violence or threatened use of violence,
4 whether the offense involved corruption of public officials or
5 employees, whether there was physical harm or threats of
6 physical harm to any public official, public employee, judge,
7 prosecutor, juror or witness, senior citizen, child or
8 handicapped person, whether evidence shows that during the
9 offense or during the arrest the defendant possessed or used a
10 firearm, machine gun, explosive or metal piercing ammunition or
11 explosive bomb device or any military or paramilitary armament,
12 whether the evidence shows that the offense committed was
13 related to or in furtherance of the criminal activities of an
14 organized gang or was motivated by the defendant's membership
15 in or allegiance to an organized gang, the condition of the
16 victim, any written statement submitted by the victim or
17 proffer or representation by the State regarding the impact
18 which the alleged criminal conduct has had on the victim and
19 the victim's concern, if any, with further contact with the
20 defendant if released on bail, whether the offense was based on
21 racial, religious, sexual orientation or ethnic hatred, the
22 likelihood of the filing of a greater charge, the likelihood of
23 conviction, the sentence applicable upon conviction, the
24 weight of the evidence against such defendant, whether there
25 exists motivation or ability to flee, whether there is any
26 verification as to prior residence, education, or family ties

 

 

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1 in the local jurisdiction, in another county, state or foreign
2 country, the defendant's employment, financial resources,
3 character and mental condition, past conduct, prior use of
4 alias names or dates of birth, and length of residence in the
5 community, the consent of the defendant to periodic drug
6 testing in accordance with Section 110-6.5, whether a foreign
7 national defendant is lawfully admitted in the United States of
8 America, whether the government of the foreign national
9 maintains an extradition treaty with the United States by which
10 the foreign government will extradite to the United States its
11 national for a trial for a crime allegedly committed in the
12 United States, whether the defendant is currently subject to
13 deportation or exclusion under the immigration laws of the
14 United States, whether the defendant, although a United States
15 citizen, is considered under the law of any foreign state a
16 national of that state for the purposes of extradition or
17 non-extradition to the United States, the amount of unrecovered
18 proceeds lost as a result of the alleged offense, the source of
19 bail funds tendered or sought to be tendered for bail, whether
20 from the totality of the court's consideration, the loss of
21 funds posted or sought to be posted for bail will not deter the
22 defendant from flight, whether the evidence shows that the
23 defendant is engaged in significant possession, manufacture,
24 or delivery of a controlled substance or cannabis, either
25 individually or in consort with others, whether at the time of
26 the offense charged he was on bond or pre-trial release pending

 

 

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1 trial, probation, periodic imprisonment or conditional
2 discharge pursuant to this Code or the comparable Code of any
3 other state or federal jurisdiction, whether the defendant is
4 on bond or pre-trial release pending the imposition or
5 execution of sentence or appeal of sentence for any offense
6 under the laws of Illinois or any other state or federal
7 jurisdiction, whether the defendant is under parole or
8 mandatory supervised release or work release from the Illinois
9 Department of Corrections or any penal institution or
10 corrections department of any state or federal jurisdiction,
11 the defendant's record of convictions, whether the defendant
12 has been convicted of a misdemeanor or ordinance offense in
13 Illinois or similar offense in other state or federal
14 jurisdiction within the 10 years preceding the current charge
15 or convicted of a felony in Illinois, whether the defendant was
16 convicted of an offense in another state or federal
17 jurisdiction that would be a felony if committed in Illinois
18 within the 20 years preceding the current charge or has been
19 convicted of such felony and released from the penitentiary
20 within 20 years preceding the current charge if a penitentiary
21 sentence was imposed in Illinois or other state or federal
22 jurisdiction, the defendant's records of juvenile adjudication
23 of delinquency in any jurisdiction, any record of appearance or
24 failure to appear by the defendant at court proceedings,
25 whether there was flight to avoid arrest or prosecution,
26 whether the defendant escaped or attempted to escape to avoid

 

 

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1 arrest, whether the defendant refused to identify himself, or
2 whether there was a refusal by the defendant to be
3 fingerprinted as required by law. Information used by the court
4 in its findings or stated in or offered in connection with this
5 Section may be by way of proffer based upon reliable
6 information offered by the State or defendant. All evidence
7 shall be admissible if it is relevant and reliable regardless
8 of whether it would be admissible under the rules of evidence
9 applicable at criminal trials. If the State presents evidence
10 that the offense committed by the defendant was related to or
11 in furtherance of the criminal activities of an organized gang
12 or was motivated by the defendant's membership in or allegiance
13 to an organized gang, and if the court determines that the
14 evidence may be substantiated, the court shall prohibit the
15 defendant from associating with other members of the organized
16 gang as a condition of bail or release. For the purposes of
17 this Section, "organized gang" has the meaning ascribed to it
18 in Section 10 of the Illinois Streetgang Terrorism Omnibus
19 Prevention Act.
20     (b) The amount of bail shall be:
21         (1) Sufficient to assure compliance with the
22     conditions set forth in the bail bond, which shall include
23     the defendant's current address with a written
24     admonishment to the defendant that he or she must comply
25     with the provisions of Section 110-12 regarding any change
26     in his or her address. The defendant's address shall at all

 

 

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1     times remain a matter of public record with the clerk of
2     the court.
3         (2) Not oppressive.
4         (3) Considerate of the financial ability of the
5     accused.
6         (4) When a person is charged with a drug related
7     offense involving possession or delivery of cannabis or
8     possession or delivery of a controlled substance as defined
9     in the Cannabis Control Act, the Illinois Controlled
10     Substances Act, or the Methamphetamine Control and
11     Community Protection Act, the full street value of the
12     drugs seized shall be considered. "Street value" shall be
13     determined by the court on the basis of a proffer by the
14     State based upon reliable information of a law enforcement
15     official contained in a written report as to the amount
16     seized and such proffer may be used by the court as to the
17     current street value of the smallest unit of the drug
18     seized.
19     (b-5) Upon the filing of a written request demonstrating
20 reasonable cause, the State's Attorney may request a source of
21 bail hearing either before or after the posting of any funds.
22 If the hearing is granted, before the posting of any bail, the
23 accused must file a written notice requesting that the court
24 conduct a source of bail hearing. The notice must be
25 accompanied by justifying affidavits stating the legitimate
26 and lawful source of funds for bail. At the hearing, the court

 

 

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1 shall inquire into any matters stated in any justifying
2 affidavits, and may also inquire into matters appropriate to
3 the determination which shall include, but are not limited to,
4 the following:
5         (1) the background, character, reputation, and
6     relationship to the accused of any surety; and
7         (2) the source of any money or property deposited by
8     any surety, and whether any such money or property
9     constitutes the fruits of criminal or unlawful conduct; and
10         (3) the source of any money posted as cash bail, and
11     whether any such money constitutes the fruits of criminal
12     or unlawful conduct; and
13         (4) the background, character, reputation, and
14     relationship to the accused of the person posting cash
15     bail.
16     Upon setting the hearing, the court shall examine, under
17 oath, any persons who may possess material information.
18     The State's Attorney has a right to attend the hearing, to
19 call witnesses and to examine any witness in the proceeding.
20 The court shall, upon request of the State's Attorney, continue
21 the proceedings for a reasonable period to allow the State's
22 Attorney to investigate the matter raised in any testimony or
23 affidavit. If the hearing is granted after the accused has
24 posted bail, the court shall conduct a hearing consistent with
25 this subsection (b-5). At the conclusion of the hearing, the
26 court must issue an order either approving of disapproving the

 

 

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1 bail.
2     (c) When a person is charged with an offense punishable by
3 fine only the amount of the bail shall not exceed double the
4 amount of the maximum penalty.
5     (d) When a person has been convicted of an offense and only
6 a fine has been imposed the amount of the bail shall not exceed
7 double the amount of the fine.
8     (e) The State may appeal any order granting bail or setting
9 a given amount for bail.
10     (f) When a person is charged with a violation of an order
11 of protection under Section 12-30 of the Criminal Code of 1961,
12 the court shall order the respondent to undergo a risk
13 assessment evaluation at an Illinois Department of Human
14 Services protocol approved partner abuse intervention program.
15 Based on the results of the risk assessment and the other
16 circumstances of the violation, the court may order that the
17 person, as a condition of bail, be placed under electronic
18 surveillance as provided in Section 5-8A-7 of the Unified Code
19 of Corrections.
20 (Source: P.A. 93-254, eff. 1-1-04; 93-817, eff. 7-27-04;
21 94-556, eff. 9-11-05.)
 
22     (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
23     Sec. 112A-14. Order of protection; remedies.
24     (a) Issuance of order. If the court finds that petitioner
25 has been abused by a family or household member, as defined in

 

 

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1 this Article, an order of protection prohibiting such abuse
2 shall issue; provided that petitioner must also satisfy the
3 requirements of one of the following Sections, as appropriate:
4 Section 112A-17 on emergency orders, Section 112A-18 on interim
5 orders, or Section 112A-19 on plenary orders. Petitioner shall
6 not be denied an order of protection because petitioner or
7 respondent is a minor. The court, when determining whether or
8 not to issue an order of protection, shall not require physical
9 manifestations of abuse on the person of the victim.
10 Modification and extension of prior orders of protection shall
11 be in accordance with this Article.
12     (b) Remedies and standards. The remedies to be included in
13 an order of protection shall be determined in accordance with
14 this Section and one of the following Sections, as appropriate:
15 Section 112A-17 on emergency orders, Section 112A-18 on interim
16 orders, and Section 112A-19 on plenary orders. The remedies
17 listed in this subsection shall be in addition to other civil
18 or criminal remedies available to petitioner.
19         (1) Prohibition of abuse. Prohibit respondent's
20     harassment, interference with personal liberty,
21     intimidation of a dependent, physical abuse or willful
22     deprivation, as defined in this Article, if such abuse has
23     occurred or otherwise appears likely to occur if not
24     prohibited.
25         (2) Grant of exclusive possession of residence.
26     Prohibit respondent from entering or remaining in any

 

 

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1     residence or household of the petitioner, including one
2     owned or leased by respondent, if petitioner has a right to
3     occupancy thereof. The grant of exclusive possession of the
4     residence shall not affect title to real property, nor
5     shall the court be limited by the standard set forth in
6     Section 701 of the Illinois Marriage and Dissolution of
7     Marriage Act.
8             (A) Right to occupancy. A party has a right to
9         occupancy of a residence or household if it is solely
10         or jointly owned or leased by that party, that party's
11         spouse, a person with a legal duty to support that
12         party or a minor child in that party's care, or by any
13         person or entity other than the opposing party that
14         authorizes that party's occupancy (e.g., a domestic
15         violence shelter). Standards set forth in subparagraph
16         (B) shall not preclude equitable relief.
17             (B) Presumption of hardships. If petitioner and
18         respondent each has the right to occupancy of a
19         residence or household, the court shall balance (i) the
20         hardships to respondent and any minor child or
21         dependent adult in respondent's care resulting from
22         entry of this remedy with (ii) the hardships to
23         petitioner and any minor child or dependent adult in
24         petitioner's care resulting from continued exposure to
25         the risk of abuse (should petitioner remain at the
26         residence or household) or from loss of possession of

 

 

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1         the residence or household (should petitioner leave to
2         avoid the risk of abuse). When determining the balance
3         of hardships, the court shall also take into account
4         the accessibility of the residence or household.
5         Hardships need not be balanced if respondent does not
6         have a right to occupancy.
7             The balance of hardships is presumed to favor
8         possession by petitioner unless the presumption is
9         rebutted by a preponderance of the evidence, showing
10         that the hardships to respondent substantially
11         outweigh the hardships to petitioner and any minor
12         child or dependent adult in petitioner's care. The
13         court, on the request of petitioner or on its own
14         motion, may order respondent to provide suitable,
15         accessible, alternate housing for petitioner instead
16         of excluding respondent from a mutual residence or
17         household.
18         (3) Stay away order and additional prohibitions. Order
19     respondent to stay away from petitioner or any other person
20     protected by the order of protection, or prohibit
21     respondent from entering or remaining present at
22     petitioner's school, place of employment, or other
23     specified places at times when petitioner is present, or
24     both, if reasonable, given the balance of hardships.
25     Hardships need not be balanced for the court to enter a
26     stay away order or prohibit entry if respondent has no

 

 

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1     right to enter the premises.
2         If an order of protection grants petitioner exclusive
3     possession of the residence, or prohibits respondent from
4     entering the residence, or orders respondent to stay away
5     from petitioner or other protected persons, then the court
6     may allow respondent access to the residence to remove
7     items of clothing and personal adornment used exclusively
8     by respondent, medications, and other items as the court
9     directs. The right to access shall be exercised on only one
10     occasion as the court directs and in the presence of an
11     agreed-upon adult third party or law enforcement officer.
12         (4) Counseling. Require or recommend the respondent to
13     undergo counseling for a specified duration with a social
14     worker, psychologist, clinical psychologist, psychiatrist,
15     family service agency, alcohol or substance abuse program,
16     mental health center guidance counselor, agency providing
17     services to elders, program designed for domestic violence
18     abusers or any other guidance service the court deems
19     appropriate. The court may order the respondent in any
20     intimate partner relationship to report to an Illinois
21     Department of Human Services protocol approved partner
22     abuse intervention program for an assessment and to follow
23     all recommended treatment.
24         (5) Physical care and possession of the minor child. In
25     order to protect the minor child from abuse, neglect, or
26     unwarranted separation from the person who has been the

 

 

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1     minor child's primary caretaker, or to otherwise protect
2     the well-being of the minor child, the court may do either
3     or both of the following: (i) grant petitioner physical
4     care or possession of the minor child, or both, or (ii)
5     order respondent to return a minor child to, or not remove
6     a minor child from, the physical care of a parent or person
7     in loco parentis.
8         If a court finds, after a hearing, that respondent has
9     committed abuse (as defined in Section 112A-3) of a minor
10     child, there shall be a rebuttable presumption that
11     awarding physical care to respondent would not be in the
12     minor child's best interest.
13         (6) Temporary legal custody. Award temporary legal
14     custody to petitioner in accordance with this Section, the
15     Illinois Marriage and Dissolution of Marriage Act, the
16     Illinois Parentage Act of 1984, and this State's Uniform
17     Child-Custody Jurisdiction and Enforcement Act.
18         If a court finds, after a hearing, that respondent has
19     committed abuse (as defined in Section 112A-3) of a minor
20     child, there shall be a rebuttable presumption that
21     awarding temporary legal custody to respondent would not be
22     in the child's best interest.
23         (7) Visitation. Determine the visitation rights, if
24     any, of respondent in any case in which the court awards
25     physical care or temporary legal custody of a minor child
26     to petitioner. The court shall restrict or deny

 

 

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1     respondent's visitation with a minor child if the court
2     finds that respondent has done or is likely to do any of
3     the following: (i) abuse or endanger the minor child during
4     visitation; (ii) use the visitation as an opportunity to
5     abuse or harass petitioner or petitioner's family or
6     household members; (iii) improperly conceal or detain the
7     minor child; or (iv) otherwise act in a manner that is not
8     in the best interests of the minor child. The court shall
9     not be limited by the standards set forth in Section 607.1
10     of the Illinois Marriage and Dissolution of Marriage Act.
11     If the court grants visitation, the order shall specify
12     dates and times for the visitation to take place or other
13     specific parameters or conditions that are appropriate. No
14     order for visitation shall refer merely to the term
15     "reasonable visitation".
16         Petitioner may deny respondent access to the minor
17     child if, when respondent arrives for visitation,
18     respondent is under the influence of drugs or alcohol and
19     constitutes a threat to the safety and well-being of
20     petitioner or petitioner's minor children or is behaving in
21     a violent or abusive manner.
22         If necessary to protect any member of petitioner's
23     family or household from future abuse, respondent shall be
24     prohibited from coming to petitioner's residence to meet
25     the minor child for visitation, and the parties shall
26     submit to the court their recommendations for reasonable

 

 

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1     alternative arrangements for visitation. A person may be
2     approved to supervise visitation only after filing an
3     affidavit accepting that responsibility and acknowledging
4     accountability to the court.
5         (8) Removal or concealment of minor child. Prohibit
6     respondent from removing a minor child from the State or
7     concealing the child within the State.
8         (9) Order to appear. Order the respondent to appear in
9     court, alone or with a minor child, to prevent abuse,
10     neglect, removal or concealment of the child, to return the
11     child to the custody or care of the petitioner or to permit
12     any court-ordered interview or examination of the child or
13     the respondent.
14         (10) Possession of personal property. Grant petitioner
15     exclusive possession of personal property and, if
16     respondent has possession or control, direct respondent to
17     promptly make it available to petitioner, if:
18             (i) petitioner, but not respondent, owns the
19         property; or
20             (ii) the parties own the property jointly; sharing
21         it would risk abuse of petitioner by respondent or is
22         impracticable; and the balance of hardships favors
23         temporary possession by petitioner.
24         If petitioner's sole claim to ownership of the property
25     is that it is marital property, the court may award
26     petitioner temporary possession thereof under the

 

 

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1     standards of subparagraph (ii) of this paragraph only if a
2     proper proceeding has been filed under the Illinois
3     Marriage and Dissolution of Marriage Act, as now or
4     hereafter amended.
5         No order under this provision shall affect title to
6     property.
7         (11) Protection of property. Forbid the respondent
8     from taking, transferring, encumbering, concealing,
9     damaging or otherwise disposing of any real or personal
10     property, except as explicitly authorized by the court, if:
11             (i) petitioner, but not respondent, owns the
12         property; or
13             (ii) the parties own the property jointly, and the
14         balance of hardships favors granting this remedy.
15         If petitioner's sole claim to ownership of the property
16     is that it is marital property, the court may grant
17     petitioner relief under subparagraph (ii) of this
18     paragraph only if a proper proceeding has been filed under
19     the Illinois Marriage and Dissolution of Marriage Act, as
20     now or hereafter amended.
21         The court may further prohibit respondent from
22     improperly using the financial or other resources of an
23     aged member of the family or household for the profit or
24     advantage of respondent or of any other person.
25         (11.5) Protection of animals. Grant the petitioner the
26     exclusive care, custody, or control of any animal owned,

 

 

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1     possessed, leased, kept, or held by either the petitioner
2     or the respondent or a minor child residing in the
3     residence or household of either the petitioner or the
4     respondent and order the respondent to stay away from the
5     animal and forbid the respondent from taking,
6     transferring, encumbering, concealing, harming, or
7     otherwise disposing of the animal.
8         (12) Order for payment of support. Order respondent to
9     pay temporary support for the petitioner or any child in
10     the petitioner's care or custody, when the respondent has a
11     legal obligation to support that person, in accordance with
12     the Illinois Marriage and Dissolution of Marriage Act,
13     which shall govern, among other matters, the amount of
14     support, payment through the clerk and withholding of
15     income to secure payment. An order for child support may be
16     granted to a petitioner with lawful physical care or
17     custody of a child, or an order or agreement for physical
18     care or custody, prior to entry of an order for legal
19     custody. Such a support order shall expire upon entry of a
20     valid order granting legal custody to another, unless
21     otherwise provided in the custody order.
22         (13) Order for payment of losses. Order respondent to
23     pay petitioner for losses suffered as a direct result of
24     the abuse. Such losses shall include, but not be limited
25     to, medical expenses, lost earnings or other support,
26     repair or replacement of property damaged or taken,

 

 

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1     reasonable attorney's fees, court costs and moving or other
2     travel expenses, including additional reasonable expenses
3     for temporary shelter and restaurant meals.
4             (i) Losses affecting family needs. If a party is
5         entitled to seek maintenance, child support or
6         property distribution from the other party under the
7         Illinois Marriage and Dissolution of Marriage Act, as
8         now or hereafter amended, the court may order
9         respondent to reimburse petitioner's actual losses, to
10         the extent that such reimbursement would be
11         "appropriate temporary relief", as authorized by
12         subsection (a)(3) of Section 501 of that Act.
13             (ii) Recovery of expenses. In the case of an
14         improper concealment or removal of a minor child, the
15         court may order respondent to pay the reasonable
16         expenses incurred or to be incurred in the search for
17         and recovery of the minor child, including but not
18         limited to legal fees, court costs, private
19         investigator fees, and travel costs.
20         (14) Prohibition of entry. Prohibit the respondent
21     from entering or remaining in the residence or household
22     while the respondent is under the influence of alcohol or
23     drugs and constitutes a threat to the safety and well-being
24     of the petitioner or the petitioner's children.
25         (14.5) Prohibition of firearm possession.
26             (a) When a complaint is made under a request for an

 

 

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1         order of protection, that the respondent has
2         threatened or is likely to use firearms illegally
3         against the petitioner, and the respondent is present
4         in court, or has failed to appear after receiving
5         actual notice, the court shall examine on oath the
6         petitioner, and any witnesses who may be produced. If
7         the court is satisfied that there is any danger of the
8         illegal use of firearms, it shall include in the order
9         of protection the requirement that any firearms in the
10         possession of the respondent, except as provided in
11         subsection (b), be turned over to the local law
12         enforcement agency for safekeeping. If the respondent
13         fails to appear, or refuses or fails to surrender his
14         or her firearms, the court shall issue a warrant for
15         seizure of any firearm in the possession of the
16         respondent. The period of safekeeping shall be for a
17         stated period of time not to exceed 2 years. The
18         firearm or firearms shall be returned to the respondent
19         at the end of the stated period or at expiration of the
20         order of protection, whichever is sooner.
21             (b) If the respondent is a peace officer as defined
22         in Section 2-13 of the Criminal Code of 1961, the court
23         shall order that any firearms used by the respondent in
24         the performance of his or her duties as a peace officer
25         be surrendered to the chief law enforcement executive
26         of the agency in which the respondent is employed, who

 

 

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1         shall retain the firearms for safekeeping for the
2         stated period not to exceed 2 years as set forth in the
3         court order.
4         (15) Prohibition of access to records. If an order of
5     protection prohibits respondent from having contact with
6     the minor child, or if petitioner's address is omitted
7     under subsection (b) of Section 112A-5, or if necessary to
8     prevent abuse or wrongful removal or concealment of a minor
9     child, the order shall deny respondent access to, and
10     prohibit respondent from inspecting, obtaining, or
11     attempting to inspect or obtain, school or any other
12     records of the minor child who is in the care of
13     petitioner.
14         (16) Order for payment of shelter services. Order
15     respondent to reimburse a shelter providing temporary
16     housing and counseling services to the petitioner for the
17     cost of the services, as certified by the shelter and
18     deemed reasonable by the court.
19         (17) Order for injunctive relief. Enter injunctive
20     relief necessary or appropriate to prevent further abuse of
21     a family or household member or to effectuate one of the
22     granted remedies, if supported by the balance of hardships.
23     If the harm to be prevented by the injunction is abuse or
24     any other harm that one of the remedies listed in
25     paragraphs (1) through (16) of this subsection is designed
26     to prevent, no further evidence is necessary to establish

 

 

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1     that the harm is an irreparable injury.
2     (c) Relevant factors; findings.
3         (1) In determining whether to grant a specific remedy,
4     other than payment of support, the court shall consider
5     relevant factors, including but not limited to the
6     following:
7             (i) the nature, frequency, severity, pattern and
8         consequences of the respondent's past abuse of the
9         petitioner or any family or household member,
10         including the concealment of his or her location in
11         order to evade service of process or notice, and the
12         likelihood of danger of future abuse to petitioner or
13         any member of petitioner's or respondent's family or
14         household; and
15             (ii) the danger that any minor child will be abused
16         or neglected or improperly removed from the
17         jurisdiction, improperly concealed within the State or
18         improperly separated from the child's primary
19         caretaker.
20         (2) In comparing relative hardships resulting to the
21     parties from loss of possession of the family home, the
22     court shall consider relevant factors, including but not
23     limited to the following:
24             (i) availability, accessibility, cost, safety,
25         adequacy, location and other characteristics of
26         alternate housing for each party and any minor child or

 

 

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1         dependent adult in the party's care;
2             (ii) the effect on the party's employment; and
3             (iii) the effect on the relationship of the party,
4         and any minor child or dependent adult in the party's
5         care, to family, school, church and community.
6         (3) Subject to the exceptions set forth in paragraph
7     (4) of this subsection, the court shall make its findings
8     in an official record or in writing, and shall at a minimum
9     set forth the following:
10             (i) That the court has considered the applicable
11         relevant factors described in paragraphs (1) and (2) of
12         this subsection.
13             (ii) Whether the conduct or actions of respondent,
14         unless prohibited, will likely cause irreparable harm
15         or continued abuse.
16             (iii) Whether it is necessary to grant the
17         requested relief in order to protect petitioner or
18         other alleged abused persons.
19         (4) For purposes of issuing an ex parte emergency order
20     of protection, the court, as an alternative to or as a
21     supplement to making the findings described in paragraphs
22     (c)(3)(i) through (c)(3)(iii) of this subsection, may use
23     the following procedure:
24         When a verified petition for an emergency order of
25     protection in accordance with the requirements of Sections
26     112A-5 and 112A-17 is presented to the court, the court

 

 

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1     shall examine petitioner on oath or affirmation. An
2     emergency order of protection shall be issued by the court
3     if it appears from the contents of the petition and the
4     examination of petitioner that the averments are
5     sufficient to indicate abuse by respondent and to support
6     the granting of relief under the issuance of the emergency
7     order of protection.
8         (5) Never married parties. No rights or
9     responsibilities for a minor child born outside of marriage
10     attach to a putative father until a father and child
11     relationship has been established under the Illinois
12     Parentage Act of 1984. Absent such an adjudication, no
13     putative father shall be granted temporary custody of the
14     minor child, visitation with the minor child, or physical
15     care and possession of the minor child, nor shall an order
16     of payment for support of the minor child be entered.
17     (d) Balance of hardships; findings. If the court finds that
18 the balance of hardships does not support the granting of a
19 remedy governed by paragraph (2), (3), (10), (11), or (16) of
20 subsection (b) of this Section, which may require such
21 balancing, the court's findings shall so indicate and shall
22 include a finding as to whether granting the remedy will result
23 in hardship to respondent that would substantially outweigh the
24 hardship to petitioner from denial of the remedy. The findings
25 shall be an official record or in writing.
26     (e) Denial of remedies. Denial of any remedy shall not be

 

 

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1 based, in whole or in part, on evidence that:
2         (1) Respondent has cause for any use of force, unless
3     that cause satisfies the standards for justifiable use of
4     force provided by Article VII of the Criminal Code of 1961;
5         (2) Respondent was voluntarily intoxicated;
6         (3) Petitioner acted in self-defense or defense of
7     another, provided that, if petitioner utilized force, such
8     force was justifiable under Article VII of the Criminal
9     Code of 1961;
10         (4) Petitioner did not act in self-defense or defense
11     of another;
12         (5) Petitioner left the residence or household to avoid
13     further abuse by respondent;
14         (6) Petitioner did not leave the residence or household
15     to avoid further abuse by respondent;
16         (7) Conduct by any family or household member excused
17     the abuse by respondent, unless that same conduct would
18     have excused such abuse if the parties had not been family
19     or household members.
20 (Source: P.A. 95-234, eff. 1-1-08.)
 
21     Section 25. The Unified Code of Corrections is amended by
22 changing Sections 3-3-7, 3-6-3, and 5-6-3 and by adding
23 Sections 5-8A-7 and 5-9-1.16 as follows:
 
24     (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)

 

 

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1     (Text of Section after amendment by P.A. 95-464, 95-579,
2 and 95-640)
3     Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
4 Release.
5     (a) The conditions of parole or mandatory supervised
6 release shall be such as the Prisoner Review Board deems
7 necessary to assist the subject in leading a law-abiding life.
8 The conditions of every parole and mandatory supervised release
9 are that the subject:
10         (1) not violate any criminal statute of any
11     jurisdiction during the parole or release term;
12         (2) refrain from possessing a firearm or other
13     dangerous weapon;
14         (3) report to an agent of the Department of
15     Corrections;
16         (4) permit the agent to visit him or her at his or her
17     home, employment, or elsewhere to the extent necessary for
18     the agent to discharge his or her duties;
19         (5) attend or reside in a facility established for the
20     instruction or residence of persons on parole or mandatory
21     supervised release;
22         (6) secure permission before visiting or writing a
23     committed person in an Illinois Department of Corrections
24     facility;
25         (7) report all arrests to an agent of the Department of
26     Corrections as soon as permitted by the arresting authority

 

 

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1     but in no event later than 24 hours after release from
2     custody;
3         (7.5) if convicted of a sex offense as defined in the
4     Sex Offender Management Board Act, the individual shall
5     undergo and successfully complete sex offender treatment
6     conducted in conformance with the standards developed by
7     the Sex Offender Management Board Act by a treatment
8     provider approved by the Board;
9         (7.6) if convicted of a sex offense as defined in the
10     Sex Offender Management Board Act, refrain from residing at
11     the same address or in the same condominium unit or
12     apartment unit or in the same condominium complex or
13     apartment complex with another person he or she knows or
14     reasonably should know is a convicted sex offender or has
15     been placed on supervision for a sex offense; the
16     provisions of this paragraph do not apply to a person
17     convicted of a sex offense who is placed in a Department of
18     Corrections licensed transitional housing facility for sex
19     offenders, or is in any facility operated or licensed by
20     the Department of Children and Family Services or by the
21     Department of Human Services, or is in any licensed medical
22     facility;
23         (7.7) if convicted for an offense that would qualify
24     the accused as a sexual predator under the Sex Offender
25     Registration Act on or after the effective date of this
26     amendatory Act of the 94th General Assembly, wear an

 

 

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1     approved electronic monitoring device as defined in
2     Section 5-8A-2 for the duration of the person's parole,
3     mandatory supervised release term, or extended mandatory
4     supervised release term;
5         (7.8) if convicted for an offense committed on or after
6     the effective date of this amendatory Act of the 95th
7     General Assembly that would qualify the accused as a child
8     sex offender as defined in Section 11-9.3 or 11-9.4 of the
9     Criminal Code of 1961, refrain from communicating with or
10     contacting, by means of the Internet, a person who is not
11     related to the accused and whom the accused reasonably
12     believes to be under 18 years of age; for purposes of this
13     paragraph (7.8), "Internet" has the meaning ascribed to it
14     in Section 16J-5 of the Criminal Code of 1961, as added by
15     Public Act 94-179; and a person is not related to the
16     accused if the person is not: (i) the spouse, brother, or
17     sister of the accused; (ii) a descendant of the accused;
18     (iii) a first or second cousin of the accused; or (iv) a
19     step-child or adopted child of the accused;
20         (7.9) (7.8) if convicted under Section 11-6, 11-20.1,
21     11-20.3, or 11-21 of the Criminal Code of 1961, consent to
22     search of computers, PDAs, cellular phones, and other
23     devices under his or her control that are capable of
24     accessing the Internet or storing electronic files, in
25     order to confirm Internet protocol addresses reported in
26     accordance with the Sex Offender Registration Act and

 

 

SB2719 Engrossed - 28 - LRB095 05883 RLC 25974 b

1     compliance with conditions in this Act;
2         (7.10) (7.8) if convicted for an offense that would
3     qualify the accused as a sex offender or sexual predator
4     under the Sex Offender Registration Act on or after the
5     effective date of this amendatory Act of the 95th General
6     Assembly, not possess prescription drugs for erectile
7     dysfunction;
8         (8) obtain permission of an agent of the Department of
9     Corrections before leaving the State of Illinois;
10         (9) obtain permission of an agent of the Department of
11     Corrections before changing his or her residence or
12     employment;
13         (10) consent to a search of his or her person,
14     property, or residence under his or her control;
15         (11) refrain from the use or possession of narcotics or
16     other controlled substances in any form, or both, or any
17     paraphernalia related to those substances and submit to a
18     urinalysis test as instructed by a parole agent of the
19     Department of Corrections;
20         (12) not frequent places where controlled substances
21     are illegally sold, used, distributed, or administered;
22         (13) not knowingly associate with other persons on
23     parole or mandatory supervised release without prior
24     written permission of his or her parole agent and not
25     associate with persons who are members of an organized gang
26     as that term is defined in the Illinois Streetgang

 

 

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1     Terrorism Omnibus Prevention Act;
2         (14) provide true and accurate information, as it
3     relates to his or her adjustment in the community while on
4     parole or mandatory supervised release or to his or her
5     conduct while incarcerated, in response to inquiries by his
6     or her parole agent or of the Department of Corrections;
7         (15) follow any specific instructions provided by the
8     parole agent that are consistent with furthering
9     conditions set and approved by the Prisoner Review Board or
10     by law, exclusive of placement on electronic detention, to
11     achieve the goals and objectives of his or her parole or
12     mandatory supervised release or to protect the public.
13     These instructions by the parole agent may be modified at
14     any time, as the agent deems appropriate; and
15         (16) if convicted of a sex offense as defined in
16     subsection (a-5) of Section 3-1-2 of this Code, unless the
17     offender is a parent or guardian of the person under 18
18     years of age present in the home and no non-familial minors
19     are present, not participate in a holiday event involving
20     children under 18 years of age, such as distributing candy
21     or other items to children on Halloween, wearing a Santa
22     Claus costume on or preceding Christmas, being employed as
23     a department store Santa Claus, or wearing an Easter Bunny
24     costume on or preceding Easter; and .
25         (17) if convicted of a violation of an order of
26     protection under Section 12-30 of the Criminal Code of

 

 

SB2719 Engrossed - 30 - LRB095 05883 RLC 25974 b

1     1961, be placed under electronic surveillance as provided
2     in Section 5-8A-7 of this Code.
3     (b) The Board may in addition to other conditions require
4 that the subject:
5         (1) work or pursue a course of study or vocational
6     training;
7         (2) undergo medical or psychiatric treatment, or
8     treatment for drug addiction or alcoholism;
9         (3) attend or reside in a facility established for the
10     instruction or residence of persons on probation or parole;
11         (4) support his dependents;
12         (5) (blank);
13         (6) (blank);
14         (7) comply with the terms and conditions of an order of
15     protection issued pursuant to the Illinois Domestic
16     Violence Act of 1986, enacted by the 84th General Assembly,
17     or an order of protection issued by the court of another
18     state, tribe, or United States territory;
19         (7.5) if convicted for an offense committed on or after
20     the effective date of this amendatory Act of the 95th
21     General Assembly that would qualify the accused as a child
22     sex offender as defined in Section 11-9.3 or 11-9.4 of the
23     Criminal Code of 1961, refrain from communicating with or
24     contacting, by means of the Internet, a person who is
25     related to the accused and whom the accused reasonably
26     believes to be under 18 years of age; for purposes of this

 

 

SB2719 Engrossed - 31 - LRB095 05883 RLC 25974 b

1     paragraph (7.5), "Internet" has the meaning ascribed to it
2     in Section 16J-5 of the Criminal Code of 1961, as added by
3     Public Act 94-179; and a person is related to the accused
4     if the person is: (i) the spouse, brother, or sister of the
5     accused; (ii) a descendant of the accused; (iii) a first or
6     second cousin of the accused; or (iv) a step-child or
7     adopted child of the accused; and
8         (8) in addition, if a minor:
9             (i) reside with his parents or in a foster home;
10             (ii) attend school;
11             (iii) attend a non-residential program for youth;
12         or
13             (iv) contribute to his own support at home or in a
14         foster home.
15     (b-1) In addition to the conditions set forth in
16 subsections (a) and (b), persons required to register as sex
17 offenders pursuant to the Sex Offender Registration Act, upon
18 release from the custody of the Illinois Department of
19 Corrections, may be required by the Board to comply with the
20 following specific conditions of release:
21         (1) reside only at a Department approved location;
22         (2) comply with all requirements of the Sex Offender
23     Registration Act;
24         (3) notify third parties of the risks that may be
25     occasioned by his or her criminal record;
26         (4) obtain the approval of an agent of the Department

 

 

SB2719 Engrossed - 32 - LRB095 05883 RLC 25974 b

1     of Corrections prior to accepting employment or pursuing a
2     course of study or vocational training and notify the
3     Department prior to any change in employment, study, or
4     training;
5         (5) not be employed or participate in any volunteer
6     activity that involves contact with children, except under
7     circumstances approved in advance and in writing by an
8     agent of the Department of Corrections;
9         (6) be electronically monitored for a minimum of 12
10     months from the date of release as determined by the Board;
11         (7) refrain from entering into a designated geographic
12     area except upon terms approved in advance by an agent of
13     the Department of Corrections. The terms may include
14     consideration of the purpose of the entry, the time of day,
15     and others accompanying the person;
16         (8) refrain from having any contact, including written
17     or oral communications, directly or indirectly, personally
18     or by telephone, letter, or through a third party with
19     certain specified persons including, but not limited to,
20     the victim or the victim's family without the prior written
21     approval of an agent of the Department of Corrections;
22         (9) refrain from all contact, directly or indirectly,
23     personally, by telephone, letter, or through a third party,
24     with minor children without prior identification and
25     approval of an agent of the Department of Corrections;
26         (10) neither possess or have under his or her control

 

 

SB2719 Engrossed - 33 - LRB095 05883 RLC 25974 b

1     any material that is sexually oriented, sexually
2     stimulating, or that shows male or female sex organs or any
3     pictures depicting children under 18 years of age nude or
4     any written or audio material describing sexual
5     intercourse or that depicts or alludes to sexual activity,
6     including but not limited to visual, auditory, telephonic,
7     or electronic media, or any matter obtained through access
8     to any computer or material linked to computer access use;
9         (11) not patronize any business providing sexually
10     stimulating or sexually oriented entertainment nor utilize
11     "900" or adult telephone numbers;
12         (12) not reside near, visit, or be in or about parks,
13     schools, day care centers, swimming pools, beaches,
14     theaters, or any other places where minor children
15     congregate without advance approval of an agent of the
16     Department of Corrections and immediately report any
17     incidental contact with minor children to the Department;
18         (13) not possess or have under his or her control
19     certain specified items of contraband related to the
20     incidence of sexually offending as determined by an agent
21     of the Department of Corrections;
22         (14) may be required to provide a written daily log of
23     activities if directed by an agent of the Department of
24     Corrections;
25         (15) comply with all other special conditions that the
26     Department may impose that restrict the person from

 

 

SB2719 Engrossed - 34 - LRB095 05883 RLC 25974 b

1     high-risk situations and limit access to potential
2     victims;
3         (16) take an annual polygraph exam;
4         (17) maintain a log of his or her travel; or
5         (18) obtain prior approval of his or her parole officer
6     before driving alone in a motor vehicle.
7     (c) The conditions under which the parole or mandatory
8 supervised release is to be served shall be communicated to the
9 person in writing prior to his release, and he shall sign the
10 same before release. A signed copy of these conditions,
11 including a copy of an order of protection where one had been
12 issued by the criminal court, shall be retained by the person
13 and another copy forwarded to the officer in charge of his
14 supervision.
15     (d) After a hearing under Section 3-3-9, the Prisoner
16 Review Board may modify or enlarge the conditions of parole or
17 mandatory supervised release.
18     (e) The Department shall inform all offenders committed to
19 the Department of the optional services available to them upon
20 release and shall assist inmates in availing themselves of such
21 optional services upon their release on a voluntary basis.
22     (f) When the subject is in compliance with all conditions
23 of his or her parole or mandatory supervised release, the
24 subject shall receive a reduction of the period of his or her
25 parole or mandatory supervised release of 90 days upon passage
26 of the high school level Test of General Educational

 

 

SB2719 Engrossed - 35 - LRB095 05883 RLC 25974 b

1 Development during the period of his or her parole or mandatory
2 supervised release. This reduction in the period of a subject's
3 term of parole or mandatory supervised release shall be
4 available only to subjects who have not previously earned a
5 high school diploma or who have not previously passed the high
6 school level Test of General Educational Development.
7 (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05;
8 94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08;
9 95-579, eff. 6-1-08; 95-640, eff. 6-1-08; revised 12-26-07.)
 
10     (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
11     (Text of Section after amendment by P.A. 95-585, 95-625,
12 and 95-640)
13     Sec. 3-6-3. Rules and Regulations for Early Release.
14         (a) (1) The Department of Corrections shall prescribe
15     rules and regulations for the early release on account of
16     good conduct of persons committed to the Department which
17     shall be subject to review by the Prisoner Review Board.
18         (2) The rules and regulations on early release shall
19     provide, with respect to offenses listed in clause (i),
20     (ii), or (iii) of this paragraph (2) committed on or after
21     June 19, 1998 or with respect to the offense listed in
22     clause (iv) of this paragraph (2) committed on or after
23     June 23, 2005 (the effective date of Public Act 94-71) or
24     with respect to offense listed in clause (vi) (v) committed
25     on or after June 1, 2008 (the effective date of Public Act

 

 

SB2719 Engrossed - 36 - LRB095 05883 RLC 25974 b

1     95-625) this amendatory Act of the 95th General Assembly or
2     with respect to the offense of being an armed habitual
3     criminal committed on or after August 2, 2005 (the
4     effective date of Public Act 94-398) or with respect to the
5     offenses listed in clause (v) of this paragraph (2)
6     committed on or after August 13, 2007 (the effective date
7     of Public Act 95-134) this amendatory Act of the 95th
8     General Assembly, the following:
9             (i) that a prisoner who is serving a term of
10         imprisonment for first degree murder or for the offense
11         of terrorism shall receive no good conduct credit and
12         shall serve the entire sentence imposed by the court;
13             (ii) that a prisoner serving a sentence for attempt
14         to commit first degree murder, solicitation of murder,
15         solicitation of murder for hire, intentional homicide
16         of an unborn child, predatory criminal sexual assault
17         of a child, aggravated criminal sexual assault,
18         criminal sexual assault, aggravated kidnapping,
19         aggravated battery with a firearm, heinous battery,
20         being an armed habitual criminal, aggravated battery
21         of a senior citizen, or aggravated battery of a child
22         shall receive no more than 4.5 days of good conduct
23         credit for each month of his or her sentence of
24         imprisonment;
25             (iii) that a prisoner serving a sentence for home
26         invasion, armed robbery, aggravated vehicular

 

 

SB2719 Engrossed - 37 - LRB095 05883 RLC 25974 b

1         hijacking, aggravated discharge of a firearm, or armed
2         violence with a category I weapon or category II
3         weapon, when the court has made and entered a finding,
4         pursuant to subsection (c-1) of Section 5-4-1 of this
5         Code, that the conduct leading to conviction for the
6         enumerated offense resulted in great bodily harm to a
7         victim, shall receive no more than 4.5 days of good
8         conduct credit for each month of his or her sentence of
9         imprisonment;
10             (iv) that a prisoner serving a sentence for
11         aggravated discharge of a firearm, whether or not the
12         conduct leading to conviction for the offense resulted
13         in great bodily harm to the victim, shall receive no
14         more than 4.5 days of good conduct credit for each
15         month of his or her sentence of imprisonment; and
16             (v) that a person serving a sentence for
17         gunrunning, narcotics racketeering, controlled
18         substance trafficking, methamphetamine trafficking,
19         drug-induced homicide, aggravated
20         methamphetamine-related child endangerment, money
21         laundering pursuant to clause (c) (4) or (5) of Section
22         29B-1 of the Criminal Code of 1961, or a Class X felony
23         conviction for delivery of a controlled substance,
24         possession of a controlled substance with intent to
25         manufacture or deliver, calculated criminal drug
26         conspiracy, criminal drug conspiracy, street gang

 

 

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1         criminal drug conspiracy, participation in
2         methamphetamine manufacturing, aggravated
3         participation in methamphetamine manufacturing,
4         delivery of methamphetamine, possession with intent to
5         deliver methamphetamine, aggravated delivery of
6         methamphetamine, aggravated possession with intent to
7         deliver methamphetamine, methamphetamine conspiracy
8         when the substance containing the controlled substance
9         or methamphetamine is 100 grams or more shall receive
10         no more than 7.5 days good conduct credit for each
11         month of his or her sentence of imprisonment; and .
12             (vi) (v) that a prisoner serving a sentence for a
13         second or subsequent offense of luring a minor shall
14         receive no more than 4.5 days of good conduct credit
15         for each month of his or her sentence of imprisonment.
16         (2.1) For all offenses, other than those enumerated in
17     subdivision (a)(2)(i), (ii), or (iii) committed on or after
18     June 19, 1998 or subdivision (a)(2)(iv) committed on or
19     after June 23, 2005 (the effective date of Public Act
20     94-71) or subdivision (a)(2)(v) committed on or after
21     August 13, 2007 (the effective date of Public Act 95-134)
22     this amendatory Act of the 95th General Assembly or
23     subdivision (a)(2)(vi) (v) committed on or after June 1,
24     2008 (the effective date of Public Act 95-625) this
25     amendatory Act of the 95th General Assembly, and other than
26     the offense of reckless homicide as defined in subsection

 

 

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1     (e) of Section 9-3 of the Criminal Code of 1961 committed
2     on or after January 1, 1999, or aggravated driving under
3     the influence of alcohol, other drug or drugs, or
4     intoxicating compound or compounds, or any combination
5     thereof as defined in subparagraph (F) of paragraph (1) of
6     subsection (d) of Section 11-501 of the Illinois Vehicle
7     Code, the rules and regulations shall provide that a
8     prisoner who is serving a term of imprisonment shall
9     receive one day of good conduct credit for each day of his
10     or her sentence of imprisonment or recommitment under
11     Section 3-3-9. Each day of good conduct credit shall reduce
12     by one day the prisoner's period of imprisonment or
13     recommitment under Section 3-3-9.
14         (2.2) A prisoner serving a term of natural life
15     imprisonment or a prisoner who has been sentenced to death
16     shall receive no good conduct credit.
17         (2.3) The rules and regulations on early release shall
18     provide that a prisoner who is serving a sentence for
19     reckless homicide as defined in subsection (e) of Section
20     9-3 of the Criminal Code of 1961 committed on or after
21     January 1, 1999, or aggravated driving under the influence
22     of alcohol, other drug or drugs, or intoxicating compound
23     or compounds, or any combination thereof as defined in
24     subparagraph (F) of paragraph (1) of subsection (d) of
25     Section 11-501 of the Illinois Vehicle Code, shall receive
26     no more than 4.5 days of good conduct credit for each month

 

 

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1     of his or her sentence of imprisonment.
2         (2.4) The rules and regulations on early release shall
3     provide with respect to the offenses of aggravated battery
4     with a machine gun or a firearm equipped with any device or
5     attachment designed or used for silencing the report of a
6     firearm or aggravated discharge of a machine gun or a
7     firearm equipped with any device or attachment designed or
8     used for silencing the report of a firearm, committed on or
9     after July 15, 1999 (the effective date of Public Act
10     91-121), that a prisoner serving a sentence for any of
11     these offenses shall receive no more than 4.5 days of good
12     conduct credit for each month of his or her sentence of
13     imprisonment.
14         (2.5) The rules and regulations on early release shall
15     provide that a prisoner who is serving a sentence for
16     aggravated arson committed on or after July 27, 2001 (the
17     effective date of Public Act 92-176) shall receive no more
18     than 4.5 days of good conduct credit for each month of his
19     or her sentence of imprisonment.
20         (3) The rules and regulations shall also provide that
21     the Director may award up to 180 days additional good
22     conduct credit for meritorious service in specific
23     instances as the Director deems proper; except that no more
24     than 90 days of good conduct credit for meritorious service
25     shall be awarded to any prisoner who is serving a sentence
26     for conviction of first degree murder, reckless homicide

 

 

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1     while under the influence of alcohol or any other drug, or
2     aggravated driving under the influence of alcohol, other
3     drug or drugs, or intoxicating compound or compounds, or
4     any combination thereof as defined in subparagraph (F) of
5     paragraph (1) of subsection (d) of Section 11-501 of the
6     Illinois Vehicle Code, aggravated kidnapping, kidnapping,
7     predatory criminal sexual assault of a child, aggravated
8     criminal sexual assault, criminal sexual assault, deviate
9     sexual assault, aggravated criminal sexual abuse,
10     aggravated indecent liberties with a child, indecent
11     liberties with a child, child pornography, heinous
12     battery, aggravated battery of a spouse, aggravated
13     battery of a spouse with a firearm, stalking, aggravated
14     stalking, aggravated battery of a child, endangering the
15     life or health of a child, or cruelty to a child.
16     Notwithstanding the foregoing, good conduct credit for
17     meritorious service shall not be awarded on a sentence of
18     imprisonment imposed for conviction of: (i) one of the
19     offenses enumerated in subdivision (a)(2)(i), (ii), or
20     (iii) when the offense is committed on or after June 19,
21     1998 or subdivision (a)(2)(iv) when the offense is
22     committed on or after June 23, 2005 (the effective date of
23     Public Act 94-71) or subdivision (a)(2)(v) when the offense
24     is committed on or after August 13, 2007 (the effective
25     date of Public Act 95-134) this amendatory Act of the 95th
26     General Assembly or subdivision (a)(2)(vi) (v) when the

 

 

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1     offense is committed on or after June 1, 2008 (the
2     effective date of Public Act 95-625) this amendatory Act of
3     the 95th General Assembly, (ii) reckless homicide as
4     defined in subsection (e) of Section 9-3 of the Criminal
5     Code of 1961 when the offense is committed on or after
6     January 1, 1999, or aggravated driving under the influence
7     of alcohol, other drug or drugs, or intoxicating compound
8     or compounds, or any combination thereof as defined in
9     subparagraph (F) of paragraph (1) of subsection (d) of
10     Section 11-501 of the Illinois Vehicle Code, (iii) one of
11     the offenses enumerated in subdivision (a)(2.4) when the
12     offense is committed on or after July 15, 1999 (the
13     effective date of Public Act 91-121), or (iv) aggravated
14     arson when the offense is committed on or after July 27,
15     2001 (the effective date of Public Act 92-176).
16         (4) The rules and regulations shall also provide that
17     the good conduct credit accumulated and retained under
18     paragraph (2.1) of subsection (a) of this Section by any
19     inmate during specific periods of time in which such inmate
20     is engaged full-time in substance abuse programs,
21     correctional industry assignments, or educational programs
22     provided by the Department under this paragraph (4) and
23     satisfactorily completes the assigned program as
24     determined by the standards of the Department, shall be
25     multiplied by a factor of 1.25 for program participation
26     before August 11, 1993 and 1.50 for program participation

 

 

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1     on or after that date. However, no inmate shall be eligible
2     for the additional good conduct credit under this paragraph
3     (4) or (4.1) of this subsection (a) while assigned to a
4     boot camp or electronic detention, or if convicted of an
5     offense enumerated in subdivision (a)(2)(i), (ii), or
6     (iii) of this Section that is committed on or after June
7     19, 1998 or subdivision (a)(2)(iv) of this Section that is
8     committed on or after June 23, 2005 (the effective date of
9     Public Act 94-71) or subdivision (a)(2)(v) of this Section
10     that is committed on or after August 13, 2007 (the
11     effective date of Public Act 95-134) this amendatory Act of
12     the 95th General Assembly or subdivision (a)(2)(vi) (v)
13     when the offense is committed on or after June 1, 2008 (the
14     effective date of Public Act 95-625) this amendatory Act of
15     the 95th General Assembly, or if convicted of reckless
16     homicide as defined in subsection (e) of Section 9-3 of the
17     Criminal Code of 1961 if the offense is committed on or
18     after January 1, 1999, or aggravated driving under the
19     influence of alcohol, other drug or drugs, or intoxicating
20     compound or compounds, or any combination thereof as
21     defined in subparagraph (F) of paragraph (1) of subsection
22     (d) of Section 11-501 of the Illinois Vehicle Code, or if
23     convicted of an offense enumerated in paragraph (a)(2.4) of
24     this Section that is committed on or after July 15, 1999
25     (the effective date of Public Act 91-121), or first degree
26     murder, a Class X felony, criminal sexual assault, felony

 

 

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1     criminal sexual abuse, aggravated criminal sexual abuse,
2     aggravated battery with a firearm, or any predecessor or
3     successor offenses with the same or substantially the same
4     elements, or any inchoate offenses relating to the
5     foregoing offenses. No inmate shall be eligible for the
6     additional good conduct credit under this paragraph (4) who
7     (i) has previously received increased good conduct credit
8     under this paragraph (4) and has subsequently been
9     convicted of a felony, or (ii) has previously served more
10     than one prior sentence of imprisonment for a felony in an
11     adult correctional facility.
12         Educational, vocational, substance abuse and
13     correctional industry programs under which good conduct
14     credit may be increased under this paragraph (4) and
15     paragraph (4.1) of this subsection (a) shall be evaluated
16     by the Department on the basis of documented standards. The
17     Department shall report the results of these evaluations to
18     the Governor and the General Assembly by September 30th of
19     each year. The reports shall include data relating to the
20     recidivism rate among program participants.
21         Availability of these programs shall be subject to the
22     limits of fiscal resources appropriated by the General
23     Assembly for these purposes. Eligible inmates who are
24     denied immediate admission shall be placed on a waiting
25     list under criteria established by the Department. The
26     inability of any inmate to become engaged in any such

 

 

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1     programs by reason of insufficient program resources or for
2     any other reason established under the rules and
3     regulations of the Department shall not be deemed a cause
4     of action under which the Department or any employee or
5     agent of the Department shall be liable for damages to the
6     inmate.
7         (4.1) The rules and regulations shall also provide that
8     an additional 60 days of good conduct credit shall be
9     awarded to any prisoner who passes the high school level
10     Test of General Educational Development (GED) while the
11     prisoner is incarcerated. The good conduct credit awarded
12     under this paragraph (4.1) shall be in addition to, and
13     shall not affect, the award of good conduct under any other
14     paragraph of this Section, but shall also be pursuant to
15     the guidelines and restrictions set forth in paragraph (4)
16     of subsection (a) of this Section. The good conduct credit
17     provided for in this paragraph shall be available only to
18     those prisoners who have not previously earned a high
19     school diploma or a GED. If, after an award of the GED good
20     conduct credit has been made and the Department determines
21     that the prisoner was not eligible, then the award shall be
22     revoked.
23         (4.5) The rules and regulations on early release shall
24     also provide that when the court's sentencing order
25     recommends a prisoner for substance abuse treatment and the
26     crime was committed on or after September 1, 2003 (the

 

 

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1     effective date of Public Act 93-354), the prisoner shall
2     receive no good conduct credit awarded under clause (3) of
3     this subsection (a) unless he or she participates in and
4     completes a substance abuse treatment program. The
5     Director may waive the requirement to participate in or
6     complete a substance abuse treatment program and award the
7     good conduct credit in specific instances if the prisoner
8     is not a good candidate for a substance abuse treatment
9     program for medical, programming, or operational reasons.
10     Availability of substance abuse treatment shall be subject
11     to the limits of fiscal resources appropriated by the
12     General Assembly for these purposes. If treatment is not
13     available and the requirement to participate and complete
14     the treatment has not been waived by the Director, the
15     prisoner shall be placed on a waiting list under criteria
16     established by the Department. The Director may allow a
17     prisoner placed on a waiting list to participate in and
18     complete a substance abuse education class or attend
19     substance abuse self-help meetings in lieu of a substance
20     abuse treatment program. A prisoner on a waiting list who
21     is not placed in a substance abuse program prior to release
22     may be eligible for a waiver and receive good conduct
23     credit under clause (3) of this subsection (a) at the
24     discretion of the Director.
25         (4.6) The rules and regulations on early release shall
26     also provide that a prisoner who has been convicted of a

 

 

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1     sex offense as defined in Section 2 of the Sex Offender
2     Registration Act shall receive no good conduct credit
3     unless he or she either has successfully completed or is
4     participating in sex offender treatment as defined by the
5     Sex Offender Management Board. However, prisoners who are
6     waiting to receive such treatment, but who are unable to do
7     so due solely to the lack of resources on the part of the
8     Department, may, at the Director's sole discretion, be
9     awarded good conduct credit at such rate as the Director
10     shall determine.
11         (5) Whenever the Department is to release any inmate
12     earlier than it otherwise would because of a grant of good
13     conduct credit for meritorious service given at any time
14     during the term, the Department shall give reasonable
15     advance notice of the impending release to the State's
16     Attorney of the county where the prosecution of the inmate
17     took place.
18     (b) Whenever a person is or has been committed under
19 several convictions, with separate sentences, the sentences
20 shall be construed under Section 5-8-4 in granting and
21 forfeiting of good time.
22     (c) The Department shall prescribe rules and regulations
23 for revoking good conduct credit, or suspending or reducing the
24 rate of accumulation of good conduct credit for specific rule
25 violations, during imprisonment. These rules and regulations
26 shall provide that no inmate may be penalized more than one

 

 

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1 year of good conduct credit for any one infraction.
2     When the Department seeks to revoke, suspend or reduce the
3 rate of accumulation of any good conduct credits for an alleged
4 infraction of its rules, it shall bring charges therefor
5 against the prisoner sought to be so deprived of good conduct
6 credits before the Prisoner Review Board as provided in
7 subparagraph (a)(4) of Section 3-3-2 of this Code, if the
8 amount of credit at issue exceeds 30 days or when during any 12
9 month period, the cumulative amount of credit revoked exceeds
10 30 days except where the infraction is committed or discovered
11 within 60 days of scheduled release. In those cases, the
12 Department of Corrections may revoke up to 30 days of good
13 conduct credit. The Board may subsequently approve the
14 revocation of additional good conduct credit, if the Department
15 seeks to revoke good conduct credit in excess of 30 days.
16 However, the Board shall not be empowered to review the
17 Department's decision with respect to the loss of 30 days of
18 good conduct credit within any calendar year for any prisoner
19 or to increase any penalty beyond the length requested by the
20 Department.
21     The Director of the Department of Corrections, in
22 appropriate cases, may restore up to 30 days good conduct
23 credits which have been revoked, suspended or reduced. Any
24 restoration of good conduct credits in excess of 30 days shall
25 be subject to review by the Prisoner Review Board. However, the
26 Board may not restore good conduct credit in excess of the

 

 

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1 amount requested by the Director.
2     Nothing contained in this Section shall prohibit the
3 Prisoner Review Board from ordering, pursuant to Section
4 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
5 sentence imposed by the court that was not served due to the
6 accumulation of good conduct credit.
7     (d) If a lawsuit is filed by a prisoner in an Illinois or
8 federal court against the State, the Department of Corrections,
9 or the Prisoner Review Board, or against any of their officers
10 or employees, and the court makes a specific finding that a
11 pleading, motion, or other paper filed by the prisoner is
12 frivolous, the Department of Corrections shall conduct a
13 hearing to revoke up to 180 days of good conduct credit by
14 bringing charges against the prisoner sought to be deprived of
15 the good conduct credits before the Prisoner Review Board as
16 provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
17 If the prisoner has not accumulated 180 days of good conduct
18 credit at the time of the finding, then the Prisoner Review
19 Board may revoke all good conduct credit accumulated by the
20 prisoner.
21     For purposes of this subsection (d):
22         (1) "Frivolous" means that a pleading, motion, or other
23     filing which purports to be a legal document filed by a
24     prisoner in his or her lawsuit meets any or all of the
25     following criteria:
26             (A) it lacks an arguable basis either in law or in

 

 

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1         fact;
2             (B) it is being presented for any improper purpose,
3         such as to harass or to cause unnecessary delay or
4         needless increase in the cost of litigation;
5             (C) the claims, defenses, and other legal
6         contentions therein are not warranted by existing law
7         or by a nonfrivolous argument for the extension,
8         modification, or reversal of existing law or the
9         establishment of new law;
10             (D) the allegations and other factual contentions
11         do not have evidentiary support or, if specifically so
12         identified, are not likely to have evidentiary support
13         after a reasonable opportunity for further
14         investigation or discovery; or
15             (E) the denials of factual contentions are not
16         warranted on the evidence, or if specifically so
17         identified, are not reasonably based on a lack of
18         information or belief.
19         (2) "Lawsuit" means a motion pursuant to Section 116-3
20     of the Code of Criminal Procedure of 1963, a habeas corpus
21     action under Article X of the Code of Civil Procedure or
22     under federal law (28 U.S.C. 2254), a petition for claim
23     under the Court of Claims Act, an action under the federal
24     Civil Rights Act (42 U.S.C. 1983), or a second or
25     subsequent petition for post-conviction relief under
26     Article 122 of the Code of Criminal Procedure of 1963

 

 

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1     whether filed with or without leave of court or a second or
2     subsequent petition for relief from judgment under Section
3     2-1401 of the Code of Civil Procedure.
4     (e) Nothing in Public Act 90-592 or 90-593 affects the
5 validity of Public Act 89-404.
6     (f) Whenever the Department is to release any inmate who
7 has been convicted of a violation of an order of protection
8 under Section 12-30 of the Criminal Code of 1961, earlier than
9 it otherwise would because of a grant of good conduct credit,
10 the Department, as a condition of such early release, shall
11 require that the person, upon release, be placed under
12 electronic surveillance as provided in Section 5-8A-7 of this
13 Code.
14 (Source: P.A. 94-71, eff. 6-23-05; 94-128, eff. 7-7-05; 94-156,
15 eff. 7-8-05; 94-398, eff. 8-2-05; 94-491, eff. 8-8-05; 94-744,
16 eff. 5-8-06; 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; 95-625,
17 eff. 6-1-08; 95-640, eff. 6-1-08; revised 11-19-07.)
 
18     (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
19     (Text of Section after amendment by P.A. 95-464, 95-578,
20 and 95-696)
21     Sec. 5-6-3. Conditions of Probation and of Conditional
22 Discharge.
23     (a) The conditions of probation and of conditional
24 discharge shall be that the person:
25         (1) not violate any criminal statute of any

 

 

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1     jurisdiction;
2         (2) report to or appear in person before such person or
3     agency as directed by the court;
4         (3) refrain from possessing a firearm or other
5     dangerous weapon;
6         (4) not leave the State without the consent of the
7     court or, in circumstances in which the reason for the
8     absence is of such an emergency nature that prior consent
9     by the court is not possible, without the prior
10     notification and approval of the person's probation
11     officer. Transfer of a person's probation or conditional
12     discharge supervision to another state is subject to
13     acceptance by the other state pursuant to the Interstate
14     Compact for Adult Offender Supervision;
15         (5) permit the probation officer to visit him at his
16     home or elsewhere to the extent necessary to discharge his
17     duties;
18         (6) perform no less than 30 hours of community service
19     and not more than 120 hours of community service, if
20     community service is available in the jurisdiction and is
21     funded and approved by the county board where the offense
22     was committed, where the offense was related to or in
23     furtherance of the criminal activities of an organized gang
24     and was motivated by the offender's membership in or
25     allegiance to an organized gang. The community service
26     shall include, but not be limited to, the cleanup and

 

 

SB2719 Engrossed - 53 - LRB095 05883 RLC 25974 b

1     repair of any damage caused by a violation of Section
2     21-1.3 of the Criminal Code of 1961 and similar damage to
3     property located within the municipality or county in which
4     the violation occurred. When possible and reasonable, the
5     community service should be performed in the offender's
6     neighborhood. For purposes of this Section, "organized
7     gang" has the meaning ascribed to it in Section 10 of the
8     Illinois Streetgang Terrorism Omnibus Prevention Act;
9         (7) if he or she is at least 17 years of age and has
10     been sentenced to probation or conditional discharge for a
11     misdemeanor or felony in a county of 3,000,000 or more
12     inhabitants and has not been previously convicted of a
13     misdemeanor or felony, may be required by the sentencing
14     court to attend educational courses designed to prepare the
15     defendant for a high school diploma and to work toward a
16     high school diploma or to work toward passing the high
17     school level Test of General Educational Development (GED)
18     or to work toward completing a vocational training program
19     approved by the court. The person on probation or
20     conditional discharge must attend a public institution of
21     education to obtain the educational or vocational training
22     required by this clause (7). The court shall revoke the
23     probation or conditional discharge of a person who wilfully
24     fails to comply with this clause (7). The person on
25     probation or conditional discharge shall be required to pay
26     for the cost of the educational courses or GED test, if a

 

 

SB2719 Engrossed - 54 - LRB095 05883 RLC 25974 b

1     fee is charged for those courses or test. The court shall
2     resentence the offender whose probation or conditional
3     discharge has been revoked as provided in Section 5-6-4.
4     This clause (7) does not apply to a person who has a high
5     school diploma or has successfully passed the GED test.
6     This clause (7) does not apply to a person who is
7     determined by the court to be developmentally disabled or
8     otherwise mentally incapable of completing the educational
9     or vocational program;
10         (8) if convicted of possession of a substance
11     prohibited by the Cannabis Control Act, the Illinois
12     Controlled Substances Act, or the Methamphetamine Control
13     and Community Protection Act after a previous conviction or
14     disposition of supervision for possession of a substance
15     prohibited by the Cannabis Control Act or Illinois
16     Controlled Substances Act or after a sentence of probation
17     under Section 10 of the Cannabis Control Act, Section 410
18     of the Illinois Controlled Substances Act, or Section 70 of
19     the Methamphetamine Control and Community Protection Act
20     and upon a finding by the court that the person is
21     addicted, undergo treatment at a substance abuse program
22     approved by the court;
23         (8.5) if convicted of a felony sex offense as defined
24     in the Sex Offender Management Board Act, the person shall
25     undergo and successfully complete sex offender treatment
26     by a treatment provider approved by the Board and conducted

 

 

SB2719 Engrossed - 55 - LRB095 05883 RLC 25974 b

1     in conformance with the standards developed under the Sex
2     Offender Management Board Act;
3         (8.6) if convicted of a sex offense as defined in the
4     Sex Offender Management Board Act, refrain from residing at
5     the same address or in the same condominium unit or
6     apartment unit or in the same condominium complex or
7     apartment complex with another person he or she knows or
8     reasonably should know is a convicted sex offender or has
9     been placed on supervision for a sex offense; the
10     provisions of this paragraph do not apply to a person
11     convicted of a sex offense who is placed in a Department of
12     Corrections licensed transitional housing facility for sex
13     offenders;
14         (8.7) if convicted for an offense committed on or after
15     the effective date of this amendatory Act of the 95th
16     General Assembly that would qualify the accused as a child
17     sex offender as defined in Section 11-9.3 or 11-9.4 of the
18     Criminal Code of 1961, refrain from communicating with or
19     contacting, by means of the Internet, a person who is not
20     related to the accused and whom the accused reasonably
21     believes to be under 18 years of age; for purposes of this
22     paragraph (8.7), "Internet" has the meaning ascribed to it
23     in Section 16J-5 of the Criminal Code of 1961, as added by
24     Public Act 94-179; and a person is not related to the
25     accused if the person is not: (i) the spouse, brother, or
26     sister of the accused; (ii) a descendant of the accused;

 

 

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1     (iii) a first or second cousin of the accused; or (iv) a
2     step-child or adopted child of the accused;
3         (9) if convicted of a felony, physically surrender at a
4     time and place designated by the court, his or her Firearm
5     Owner's Identification Card and any and all firearms in his
6     or her possession; and
7         (10) if convicted of a sex offense as defined in
8     subsection (a-5) of Section 3-1-2 of this Code, unless the
9     offender is a parent or guardian of the person under 18
10     years of age present in the home and no non-familial minors
11     are present, not participate in a holiday event involving
12     children under 18 years of age, such as distributing candy
13     or other items to children on Halloween, wearing a Santa
14     Claus costume on or preceding Christmas, being employed as
15     a department store Santa Claus, or wearing an Easter Bunny
16     costume on or preceding Easter.
17     (b) The Court may in addition to other reasonable
18 conditions relating to the nature of the offense or the
19 rehabilitation of the defendant as determined for each
20 defendant in the proper discretion of the Court require that
21 the 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. The clerk of the circuit court shall pay

 

 

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1         all monies collected from this fee to the county
2         treasurer for deposit in the substance abuse services
3         fund under Section 5-1086.1 of the Counties Code; and
4             (v) for persons convicted of offenses other than
5         those referenced in clause (iv) above and who are
6         placed on an approved monitoring device as a condition
7         of probation or conditional discharge, the court shall
8         impose a reasonable fee for each day of the use of the
9         device, as established by the county board in
10         subsection (g) of this Section, unless after
11         determining the inability of the defendant to pay the
12         fee, the court assesses a lesser fee or no fee as the
13         case may be. This fee shall be imposed in addition to
14         the fees imposed under subsections (g) and (i) of this
15         Section. The fee shall be collected by the clerk of the
16         circuit court. The clerk of the circuit court shall pay
17         all monies collected from this fee to the county
18         treasurer who shall use the monies collected to defray
19         the costs of corrections. The county treasurer shall
20         deposit the fee collected in the county working cash
21         fund under Section 6-27001 or Section 6-29002 of the
22         Counties Code, as the case may be.
23         (11) comply with the terms and conditions of an order
24     of protection issued by the court pursuant to the Illinois
25     Domestic Violence Act of 1986, as now or hereafter amended,
26     or an order of protection issued by the court of another

 

 

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

 

 

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1     defendant was placed on conditional discharge;
2         (15) refrain from having any contact, directly or
3     indirectly, with certain specified persons or particular
4     types of persons, including but not limited to members of
5     street gangs and drug users or dealers;
6         (16) refrain from having in his or her body the
7     presence of any illicit drug prohibited by the Cannabis
8     Control Act, the Illinois Controlled Substances Act, or the
9     Methamphetamine Control and Community Protection Act,
10     unless prescribed by a physician, and submit samples of his
11     or her blood or urine or both for tests to determine the
12     presence of any illicit drug; and
13         (17) if convicted for an offense committed on or after
14     the effective date of this amendatory Act of the 95th
15     General Assembly that would qualify the accused as a child
16     sex offender as defined in Section 11-9.3 or 11-9.4 of the
17     Criminal Code of 1961, refrain from communicating with or
18     contacting, by means of the Internet, a person who is
19     related to the accused and whom the accused reasonably
20     believes to be under 18 years of age; for purposes of this
21     paragraph (17), "Internet" has the meaning ascribed to it
22     in Section 16J-5 of the Criminal Code of 1961, as added by
23     Public Act 94-179; and a person is related to the accused
24     if the person is: (i) the spouse, brother, or sister of the
25     accused; (ii) a descendant of the accused; (iii) a first or
26     second cousin of the accused; or (iv) a step-child or

 

 

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

 

 

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

 

 

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1     (h) Jurisdiction over an offender may be transferred from
2 the sentencing court to the court of another circuit with the
3 concurrence of both courts. Further transfers or retransfers of
4 jurisdiction are also authorized in the same manner. The court
5 to which jurisdiction has been transferred shall have the same
6 powers as the sentencing court.
7     (i) The court shall impose upon an offender sentenced to
8 probation after January 1, 1989 or to conditional discharge
9 after January 1, 1992 or to community service under the
10 supervision of a probation or court services department after
11 January 1, 2004, as a condition of such probation or
12 conditional discharge or supervised community service, a fee of
13 $50 for each month of probation or conditional discharge
14 supervision or supervised community service ordered by the
15 court, unless after determining the inability of the person
16 sentenced to probation or conditional discharge or supervised
17 community service to pay the fee, the court assesses a lesser
18 fee. The court may not impose the fee on a minor who is made a
19 ward of the State under the Juvenile Court Act of 1987 while
20 the minor is in placement. The fee shall be imposed only upon
21 an offender who is actively supervised by the probation and
22 court services department. The fee shall be collected by the
23 clerk of the circuit court. The clerk of the circuit court
24 shall pay all monies collected from this fee to the county
25 treasurer for deposit in the probation and court services fund
26 under Section 15.1 of the Probation and Probation Officers Act.

 

 

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1     A circuit court may not impose a probation fee under this
2 subsection (i) in excess of $25 per month unless: (1) the
3 circuit court has adopted, by administrative order issued by
4 the chief judge, a standard probation fee guide determining an
5 offender's ability to pay, under guidelines developed by the
6 Administrative Office of the Illinois Courts; and (2) the
7 circuit court has authorized, by administrative order issued by
8 the chief judge, the creation of a Crime Victim's Services
9 Fund, to be administered by the Chief Judge or his or her
10 designee, for services to crime victims and their families. Of
11 the amount collected as a probation fee, up to $5 of that fee
12 collected per month may be used to provide services to crime
13 victims and their families.
14     This amendatory Act of the 93rd General Assembly deletes
15 the $10 increase in the fee under this subsection that was
16 imposed by Public Act 93-616. This deletion is intended to
17 control over any other Act of the 93rd General Assembly that
18 retains or incorporates that fee increase.
19     (i-5) In addition to the fees imposed under subsection (i)
20 of this Section, in the case of an offender convicted of a
21 felony sex offense (as defined in the Sex Offender Management
22 Board Act) or an offense that the court or probation department
23 has determined to be sexually motivated (as defined in the Sex
24 Offender Management Board Act), the court or the probation
25 department shall assess additional fees to pay for all costs of
26 treatment, assessment, evaluation for risk and treatment, and

 

 

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1 monitoring the offender, based on that offender's ability to
2 pay those costs either as they occur or under a payment plan.
3     (j) All fines and costs imposed under this Section for any
4 violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
5 Code, or a similar provision of a local ordinance, and any
6 violation of the Child Passenger Protection Act, or a similar
7 provision of a local ordinance, shall be collected and
8 disbursed by the circuit clerk as provided under Section 27.5
9 of the Clerks of Courts Act.
10     (k) Any offender who is sentenced to probation or
11 conditional discharge for a felony sex offense as defined in
12 the Sex Offender Management Board Act or any offense that the
13 court or probation department has determined to be sexually
14 motivated as defined in the Sex Offender Management Board Act
15 shall be required to refrain from any contact, directly or
16 indirectly, with any persons specified by the court and shall
17 be available for all evaluations and treatment programs
18 required by the court or the probation department.
19     (l) The court may order an offender who is sentenced to
20 probation or conditional discharge for a violation of an order
21 of protection be placed under electronic surveillance as
22 provided in Section 5-8A-7 of this Code.
23 (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05;
24 94-556, eff. 9-11-05; 95-331, eff. 8-21-07; 95-464, eff.
25 6-1-08; 95-578, eff. 6-1-08; 95-696, eff. 6-1-08; revised
26 12-26-07.)
 

 

 

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1     (730 ILCS 5/5-8A-7 new)
2     Sec. 5-8A-7. Domestic violence surveillance program. If
3 the Prisoner Review Board, Department of Corrections, or court
4 (the supervising authority) orders electronic surveillance as
5 a condition of parole, mandatory supervised release, early
6 release, probation, or conditional discharge for a violation of
7 an order of protection or as a condition of bail for a person
8 charged with a violation of an order of protection, the
9 supervising authority shall use the best available global
10 positioning technology to track domestic violence offenders.
11 Such capabilities should include technology that (1)
12 immediately notifies law enforcement or other monitors of any
13 breach of the court ordered inclusion zone boundaries; (2)
14 notifies the victim in near-real time of any breach; (3) allows
15 monitors to speak to the offender through a cell phone
16 implanted in the bracelet device; and (4) has a loud alarm that
17 can be activated to warn the potential victim of the offender's
18 presence in a forbidden zone.
 
19     (730 ILCS 5/5-9-1.16 new)
20     Sec. 5-9-1.16. Protective order violation fines.
21     (a) There shall be added to every penalty imposed in
22 sentencing for a violation of an order of protection under
23 Section 12-30 of the Criminal Code of 1961 an additional fine
24 to be set in an amount not less than $200 to be imposed upon a

 

 

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1 plea of guilty or finding of guilty resulting in a judgment of
2 conviction.
3     (b) Such additional amount shall be assessed by the court
4 imposing sentence and shall be collected by the Circuit Clerk
5 in addition to the fine, if any, and costs in the case to be
6 used by the supervising authority in implementing the domestic
7 violence surveillance program. Each such additional penalty
8 shall be remitted by the Circuit Clerk within one month after
9 receipt to the State Treasurer for deposit into the Domestic
10 Violence Surveillance Fund. The Circuit Clerk shall retain 10%
11 of such penalty and deposit that percentage into the Circuit
12 Court Clerk Operation and Administrative Fund to cover the
13 costs incurred in administering and enforcing this Section.
14 Such additional penalty shall not be considered a part of the
15 fine for purposes of any reduction in the fine for time served
16 either before or after sentencing.
17     (c) Not later than March 1 of each year the Clerk of the
18 Circuit Court shall submit to the State Comptroller a report of
19 the amount of funds remitted by him or her to the State
20 Treasurer under this Section during the preceding calendar
21 year.
22     (d) Moneys in the Domestic Violence Surveillance Fund shall
23 be used by the supervising authority of a respondent ordered to
24 carry or wear a global positioning system device for a
25 violation of an order of protection under Section 12-30 of the
26 Criminal Code of 1961 to offset the costs of such surveillance

 

 

SB2719 Engrossed - 69 - LRB095 05883 RLC 25974 b

1 of the respondent.
2     (e) For purposes of this Section "fees of the Circuit
3 Clerk" shall include, if applicable, the fee provided for under
4 Section 27.3a of the Clerks of Courts Act and the fee, if
5 applicable, payable to the county in which the violation
6 occurred under Section 5-1101 of the Counties Code.
 
7     Section 26. The Probation and Probation Officers Act is
8 amended by changing Section 15 as follows:
 
9     (730 ILCS 110/15)  (from Ch. 38, par. 204-7)
10     Sec. 15. (1) The Supreme Court of Illinois may establish a
11 Division of Probation Services whose purpose shall be the
12 development, establishment, promulgation, and enforcement of
13 uniform standards for probation services in this State, and to
14 otherwise carry out the intent of this Act. The Division may:
15         (a) establish qualifications for chief probation
16     officers and other probation and court services personnel
17     as to hiring, promotion, and training.
18         (b) make available, on a timely basis, lists of those
19     applicants whose qualifications meet the regulations
20     referred to herein, including on said lists all candidates
21     found qualified.
22         (c) establish a means of verifying the conditions for
23     reimbursement under this Act and develop criteria for
24     approved costs for reimbursement.

 

 

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1         (d) develop standards and approve employee
2     compensation schedules for probation and court services
3     departments.
4         (e) employ sufficient personnel in the Division to
5     carry out the functions of the Division.
6         (f) establish a system of training and establish
7     standards for personnel orientation and training.
8         (g) develop standards for a system of record keeping
9     for cases and programs, gather statistics, establish a
10     system of uniform forms, and develop research for planning
11     of Probation Services.
12         (h) develop standards to assure adequate support
13     personnel, office space, equipment and supplies, travel
14     expenses, and other essential items necessary for
15     Probation and Court Services Departments to carry out their
16     duties.
17         (i) review and approve annual plans submitted by
18     Probation and Court Services Departments.
19         (j) monitor and evaluate all programs operated by
20     Probation and Court Services Departments, and may include
21     in the program evaluation criteria such factors as the
22     percentage of Probation sentences for felons convicted of
23     Probationable offenses.
24         (k) seek the cooperation of local and State government
25     and private agencies to improve the quality of probation
26     and court services.

 

 

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1         (l) where appropriate, establish programs and
2     corresponding standards designed to generally improve the
3     quality of probation and court services and reduce the rate
4     of adult or juvenile offenders committed to the Department
5     of Corrections.
6         (m) establish such other standards and regulations and
7     do all acts necessary to carry out the intent and purposes
8     of this Act.
9         (n) develop standards to implement the Domestic
10     Violence Surveillance Program established under Section
11     5-8A-7 of the Unified Code of Corrections including (i)
12     procurement of equipment and other services necessary to
13     implement the program and (ii) development of uniform
14     standards for the delivery of the program through county
15     probation departments.
16     The Division shall establish a model list of structured
17 intermediate sanctions that may be imposed by a probation
18 agency for violations of terms and conditions of a sentence of
19 probation, conditional discharge, or supervision.
20     The State of Illinois shall provide for the costs of
21 personnel, travel, equipment, telecommunications, postage,
22 commodities, printing, space, contractual services and other
23 related costs necessary to carry out the intent of this Act.
24     (2) (a) The chief judge of each circuit shall provide
25 full-time probation services for all counties within the
26 circuit, in a manner consistent with the annual probation plan,

 

 

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1 the standards, policies, and regulations established by the
2 Supreme Court. A probation district of two or more counties
3 within a circuit may be created for the purposes of providing
4 full-time probation services. Every county or group of counties
5 within a circuit shall maintain a probation department which
6 shall be under the authority of the Chief Judge of the circuit
7 or some other judge designated by the Chief Judge. The Chief
8 Judge, through the Probation and Court Services Department
9 shall submit annual plans to the Division for probation and
10 related services.
11     (b) The Chief Judge of each circuit shall appoint the Chief
12 Probation Officer and all other probation officers for his or
13 her circuit from lists of qualified applicants supplied by the
14 Supreme Court. Candidates for chief managing officer and other
15 probation officer positions must apply with both the Chief
16 Judge of the circuit and the Supreme Court.
17     (3) A Probation and Court Service Department shall apply to
18 the Supreme Court for funds for basic services, and may apply
19 for funds for new and expanded programs or Individualized
20 Services and Programs. Costs shall be reimbursed monthly based
21 on a plan and budget approved by the Supreme Court. No
22 Department may be reimbursed for costs which exceed or are not
23 provided for in the approved annual plan and budget. After the
24 effective date of this amendatory Act of 1985, each county must
25 provide basic services in accordance with the annual plan and
26 standards created by the division. No department may receive

 

 

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1 funds for new or expanded programs or individualized services
2 and programs unless they are in compliance with standards as
3 enumerated in paragraph (h) of subsection (1) of this Section,
4 the annual plan, and standards for basic services.
5     (4) The Division shall reimburse the county or counties for
6 probation services as follows:
7         (a) 100% of the salary of all chief managing officers
8     designated as such by the Chief Judge and the division.
9         (b) 100% of the salary for all probation officer and
10     supervisor positions approved for reimbursement by the
11     division after April 1, 1984, to meet workload standards
12     and to implement intensive sanction and probation
13     supervision programs and other basic services as defined in
14     this Act.
15         (c) 100% of the salary for all secure detention
16     personnel and non-secure group home personnel approved for
17     reimbursement after December 1, 1990. For all such
18     positions approved for reimbursement before December 1,
19     1990, the counties shall be reimbursed $1,250 per month
20     beginning July 1, 1995, and an additional $250 per month
21     beginning each July 1st thereafter until the positions
22     receive 100% salary reimbursement. Allocation of such
23     positions will be based on comparative need considering
24     capacity, staff/resident ratio, physical plant and
25     program.
26         (d) $1,000 per month for salaries for the remaining

 

 

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1     probation officer positions engaged in basic services and
2     new or expanded services. All such positions shall be
3     approved by the division in accordance with this Act and
4     division standards.
5         (e) 100% of the travel expenses in accordance with
6     Division standards for all Probation positions approved
7     under paragraph (b) of subsection 4 of this Section.
8         (f) If the amount of funds reimbursed to the county
9     under paragraphs (a) through (e) of subsection 4 of this
10     Section on an annual basis is less than the amount the
11     county had received during the 12 month period immediately
12     prior to the effective date of this amendatory Act of 1985,
13     then the Division shall reimburse the amount of the
14     difference to the county. The effect of paragraph (b) of
15     subsection 7 of this Section shall be considered in
16     implementing this supplemental reimbursement provision.
17     (5) The Division shall provide funds beginning on April 1,
18 1987 for the counties to provide Individualized Services and
19 Programs as provided in Section 16 of this Act.
20     (6) A Probation and Court Services Department in order to
21 be eligible for the reimbursement must submit to the Supreme
22 Court an application containing such information and in such a
23 form and by such dates as the Supreme Court may require.
24 Departments to be eligible for funding must satisfy the
25 following conditions:
26         (a) The Department shall have on file with the Supreme

 

 

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1     Court an annual Probation plan for continuing, improved,
2     and new Probation and Court Services Programs approved by
3     the Supreme Court or its designee. This plan shall indicate
4     the manner in which Probation and Court Services will be
5     delivered and improved, consistent with the minimum
6     standards and regulations for Probation and Court
7     Services, as established by the Supreme Court. In counties
8     with more than one Probation and Court Services Department
9     eligible to receive funds, all Departments within that
10     county must submit plans which are approved by the Supreme
11     Court.
12         (b) The annual probation plan shall seek to generally
13     improve the quality of probation services and to reduce the
14     commitment of adult offenders to the Department of
15     Corrections and to reduce the commitment of juvenile
16     offenders to the Department of Juvenile Justice and shall
17     require, when appropriate, coordination with the
18     Department of Corrections, the Department of Juvenile
19     Justice, and the Department of Children and Family Services
20     in the development and use of community resources,
21     information systems, case review and permanency planning
22     systems to avoid the duplication of services.
23         (c) The Department shall be in compliance with
24     standards developed by the Supreme Court for basic, new and
25     expanded services, training, personnel hiring and
26     promotion.

 

 

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1         (d) The Department shall in its annual plan indicate
2     the manner in which it will support the rights of crime
3     victims and in which manner it will implement Article I,
4     Section 8.1 of the Illinois Constitution and in what manner
5     it will coordinate crime victims' support services with
6     other criminal justice agencies within its jurisdiction,
7     including but not limited to, the State's Attorney, the
8     Sheriff and any municipal police department.
9     (7) No statement shall be verified by the Supreme Court or
10 its designee or vouchered by the Comptroller unless each of the
11 following conditions have been met:
12         (a) The probation officer is a full-time employee
13     appointed by the Chief Judge to provide probation services.
14         (b) The probation officer, in order to be eligible for
15     State reimbursement, is receiving a salary of at least
16     $17,000 per year.
17         (c) The probation officer is appointed or was
18     reappointed in accordance with minimum qualifications or
19     criteria established by the Supreme Court; however, all
20     probation officers appointed prior to January 1, 1978,
21     shall be exempted from the minimum requirements
22     established by the Supreme Court. Payments shall be made to
23     counties employing these exempted probation officers as
24     long as they are employed in the position held on the
25     effective date of this amendatory Act of 1985. Promotions
26     shall be governed by minimum qualifications established by

 

 

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1     the Supreme Court.
2         (d) The Department has an established compensation
3     schedule approved by the Supreme Court. The compensation
4     schedule shall include salary ranges with necessary
5     increments to compensate each employee. The increments
6     shall, within the salary ranges, be based on such factors
7     as bona fide occupational qualifications, performance, and
8     length of service. Each position in the Department shall be
9     placed on the compensation schedule according to job duties
10     and responsibilities of such position. The policy and
11     procedures of the compensation schedule shall be made
12     available to each employee.
13     (8) In order to obtain full reimbursement of all approved
14 costs, each Department must continue to employ at least the
15 same number of probation officers and probation managers as
16 were authorized for employment for the fiscal year which
17 includes January 1, 1985. This number shall be designated as
18 the base amount of the Department. No positions approved by the
19 Division under paragraph (b) of subsection 4 will be included
20 in the base amount. In the event that the Department employs
21 fewer Probation officers and Probation managers than the base
22 amount for a period of 90 days, funding received by the
23 Department under subsection 4 of this Section may be reduced on
24 a monthly basis by the amount of the current salaries of any
25 positions below the base amount.
26     (9) Before the 15th day of each month, the treasurer of any

 

 

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1 county which has a Probation and Court Services Department, or
2 the treasurer of the most populous county, in the case of a
3 Probation or Court Services Department funded by more than one
4 county, shall submit an itemized statement of all approved
5 costs incurred in the delivery of Basic Probation and Court
6 Services under this Act to the Supreme Court. The treasurer may
7 also submit an itemized statement of all approved costs
8 incurred in the delivery of new and expanded Probation and
9 Court Services as well as Individualized Services and Programs.
10 The Supreme Court or its designee shall verify compliance with
11 this Section and shall examine and audit the monthly statement
12 and, upon finding them to be correct, shall forward them to the
13 Comptroller for payment to the county treasurer. In the case of
14 payment to a treasurer of a county which is the most populous
15 of counties sharing the salary and expenses of a Probation and
16 Court Services Department, the treasurer shall divide the money
17 between the counties in a manner that reflects each county's
18 share of the cost incurred by the Department.
19     (10) The county treasurer must certify that funds received
20 under this Section shall be used solely to maintain and improve
21 Probation and Court Services. The county or circuit shall
22 remain in compliance with all standards, policies and
23 regulations established by the Supreme Court. If at any time
24 the Supreme Court determines that a county or circuit is not in
25 compliance, the Supreme Court shall immediately notify the
26 Chief Judge, county board chairman and the Director of Court

 

 

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1 Services Chief Probation Officer. If after 90 days of written
2 notice the noncompliance still exists, the Supreme Court shall
3 be required to reduce the amount of monthly reimbursement by
4 10%. An additional 10% reduction of monthly reimbursement shall
5 occur for each consecutive month of noncompliance. Except as
6 provided in subsection 5 of Section 15, funding to counties
7 shall commence on April 1, 1986. Funds received under this Act
8 shall be used to provide for Probation Department expenses
9 including those required under Section 13 of this Act. The
10 Mandatory Arbitration Fund may be used to provide for Probation
11 Department expenses, including those required under Section 13
12 of this Act.
13     (11) The respective counties shall be responsible for
14 capital and space costs, fringe benefits, clerical costs,
15 equipment, telecommunications, postage, commodities and
16 printing.
17     (12) For purposes of this Act only, probation officers
18 shall be considered peace officers. In the exercise of their
19 official duties, probation officers, sheriffs, and police
20 officers may, anywhere within the State, arrest any probationer
21 who is in violation of any of the conditions of his or her
22 probation, conditional discharge, or supervision, and it shall
23 be the duty of the officer making the arrest to take the
24 probationer before the Court having jurisdiction over the
25 probationer for further order.
26 (Source: P.A. 94-91, eff. 7-1-05; 94-696, eff. 6-1-06; 94-839,

 

 

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1 eff. 6-6-06; 95-707, eff. 1-11-08.)
 
2     Section 30. The Illinois Domestic Violence Act of 1986 is
3 amended by changing Section 214 as follows:
 
4     (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
5     Sec. 214. Order of protection; remedies.
6     (a) Issuance of order. If the court finds that petitioner
7 has been abused by a family or household member or that
8 petitioner is a high-risk adult who has been abused, neglected,
9 or exploited, as defined in this Act, an order of protection
10 prohibiting the abuse, neglect, or exploitation shall issue;
11 provided that petitioner must also satisfy the requirements of
12 one of the following Sections, as appropriate: Section 217 on
13 emergency orders, Section 218 on interim orders, or Section 219
14 on plenary orders. Petitioner shall not be denied an order of
15 protection because petitioner or respondent is a minor. The
16 court, when determining whether or not to issue an order of
17 protection, shall not require physical manifestations of abuse
18 on the person of the victim. Modification and extension of
19 prior orders of protection shall be in accordance with this
20 Act.
21     (b) Remedies and standards. The remedies to be included in
22 an order of protection shall be determined in accordance with
23 this Section and one of the following Sections, as appropriate:
24 Section 217 on emergency orders, Section 218 on interim orders,

 

 

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1 and Section 219 on plenary orders. The remedies listed in this
2 subsection shall be in addition to other civil or criminal
3 remedies available to petitioner.
4         (1) Prohibition of abuse, neglect, or exploitation.
5     Prohibit respondent's harassment, interference with
6     personal liberty, intimidation of a dependent, physical
7     abuse, or willful deprivation, neglect or exploitation, as
8     defined in this Act, or stalking of the petitioner, as
9     defined in Section 12-7.3 of the Criminal Code of 1961, if
10     such abuse, neglect, exploitation, or stalking has
11     occurred or otherwise appears likely to occur if not
12     prohibited.
13         (2) Grant of exclusive possession of residence.
14     Prohibit respondent from entering or remaining in any
15     residence or household of the petitioner, including one
16     owned or leased by respondent, if petitioner has a right to
17     occupancy thereof. The grant of exclusive possession of the
18     residence shall not affect title to real property, nor
19     shall the court be limited by the standard set forth in
20     Section 701 of the Illinois Marriage and Dissolution of
21     Marriage Act.
22             (A) Right to occupancy. A party has a right to
23         occupancy of a residence or household if it is solely
24         or jointly owned or leased by that party, that party's
25         spouse, a person with a legal duty to support that
26         party or a minor child in that party's care, or by any

 

 

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1         person or entity other than the opposing party that
2         authorizes that party's occupancy (e.g., a domestic
3         violence shelter). Standards set forth in subparagraph
4         (B) shall not preclude equitable relief.
5             (B) Presumption of hardships. If petitioner and
6         respondent each has the right to occupancy of a
7         residence or household, the court shall balance (i) the
8         hardships to respondent and any minor child or
9         dependent adult in respondent's care resulting from
10         entry of this remedy with (ii) the hardships to
11         petitioner and any minor child or dependent adult in
12         petitioner's care resulting from continued exposure to
13         the risk of abuse (should petitioner remain at the
14         residence or household) or from loss of possession of
15         the residence or household (should petitioner leave to
16         avoid the risk of abuse). When determining the balance
17         of hardships, the court shall also take into account
18         the accessibility of the residence or household.
19         Hardships need not be balanced if respondent does not
20         have a right to occupancy.
21             The balance of hardships is presumed to favor
22         possession by petitioner unless the presumption is
23         rebutted by a preponderance of the evidence, showing
24         that the hardships to respondent substantially
25         outweigh the hardships to petitioner and any minor
26         child or dependent adult in petitioner's care. The

 

 

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1         court, on the request of petitioner or on its own
2         motion, may order respondent to provide suitable,
3         accessible, alternate housing for petitioner instead
4         of excluding respondent from a mutual residence or
5         household.
6         (3) Stay away order and additional prohibitions. Order
7     respondent to stay away from petitioner or any other person
8     protected by the order of protection, or prohibit
9     respondent from entering or remaining present at
10     petitioner's school, place of employment, or other
11     specified places at times when petitioner is present, or
12     both, if reasonable, given the balance of hardships.
13     Hardships need not be balanced for the court to enter a
14     stay away order or prohibit entry if respondent has no
15     right to enter the premises.
16         If an order of protection grants petitioner exclusive
17     possession of the residence, or prohibits respondent from
18     entering the residence, or orders respondent to stay away
19     from petitioner or other protected persons, then the court
20     may allow respondent access to the residence to remove
21     items of clothing and personal adornment used exclusively
22     by respondent, medications, and other items as the court
23     directs. The right to access shall be exercised on only one
24     occasion as the court directs and in the presence of an
25     agreed-upon adult third party or law enforcement officer.
26         (4) Counseling. Require or recommend the respondent to

 

 

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1     undergo counseling for a specified duration with a social
2     worker, psychologist, clinical psychologist, psychiatrist,
3     family service agency, alcohol or substance abuse program,
4     mental health center guidance counselor, agency providing
5     services to elders, program designed for domestic violence
6     abusers or any other guidance service the court deems
7     appropriate. The Court may order the respondent in any
8     intimate partner relationship to report to an Illinois
9     Department of Human Services protocol approved partner
10     abuse intervention program for an assessment and to follow
11     all recommended treatment.
12         (5) Physical care and possession of the minor child. In
13     order to protect the minor child from abuse, neglect, or
14     unwarranted separation from the person who has been the
15     minor child's primary caretaker, or to otherwise protect
16     the well-being of the minor child, the court may do either
17     or both of the following: (i) grant petitioner physical
18     care or possession of the minor child, or both, or (ii)
19     order respondent to return a minor child to, or not remove
20     a minor child from, the physical care of a parent or person
21     in loco parentis.
22         If a court finds, after a hearing, that respondent has
23     committed abuse (as defined in Section 103) of a minor
24     child, there shall be a rebuttable presumption that
25     awarding physical care to respondent would not be in the
26     minor child's best interest.

 

 

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1         (6) Temporary legal custody. Award temporary legal
2     custody to petitioner in accordance with this Section, the
3     Illinois Marriage and Dissolution of Marriage Act, the
4     Illinois Parentage Act of 1984, and this State's Uniform
5     Child-Custody Jurisdiction and Enforcement Act.
6         If a court finds, after a hearing, that respondent has
7     committed abuse (as defined in Section 103) of a minor
8     child, there shall be a rebuttable presumption that
9     awarding temporary legal custody to respondent would not be
10     in the child's best interest.
11         (7) Visitation. Determine the visitation rights, if
12     any, of respondent in any case in which the court awards
13     physical care or temporary legal custody of a minor child
14     to petitioner. The court shall restrict or deny
15     respondent's visitation with a minor child if the court
16     finds that respondent has done or is likely to do any of
17     the following: (i) abuse or endanger the minor child during
18     visitation; (ii) use the visitation as an opportunity to
19     abuse or harass petitioner or petitioner's family or
20     household members; (iii) improperly conceal or detain the
21     minor child; or (iv) otherwise act in a manner that is not
22     in the best interests of the minor child. The court shall
23     not be limited by the standards set forth in Section 607.1
24     of the Illinois Marriage and Dissolution of Marriage Act.
25     If the court grants visitation, the order shall specify
26     dates and times for the visitation to take place or other

 

 

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1     specific parameters or conditions that are appropriate. No
2     order for visitation shall refer merely to the term
3     "reasonable visitation".
4         Petitioner may deny respondent access to the minor
5     child if, when respondent arrives for visitation,
6     respondent is under the influence of drugs or alcohol and
7     constitutes a threat to the safety and well-being of
8     petitioner or petitioner's minor children or is behaving in
9     a violent or abusive manner.
10         If necessary to protect any member of petitioner's
11     family or household from future abuse, respondent shall be
12     prohibited from coming to petitioner's residence to meet
13     the minor child for visitation, and the parties shall
14     submit to the court their recommendations for reasonable
15     alternative arrangements for visitation. A person may be
16     approved to supervise visitation only after filing an
17     affidavit accepting that responsibility and acknowledging
18     accountability to the court.
19         (8) Removal or concealment of minor child. Prohibit
20     respondent from removing a minor child from the State or
21     concealing the child within the State.
22         (9) Order to appear. Order the respondent to appear in
23     court, alone or with a minor child, to prevent abuse,
24     neglect, removal or concealment of the child, to return the
25     child to the custody or care of the petitioner or to permit
26     any court-ordered interview or examination of the child or

 

 

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1     the respondent.
2         (10) Possession of personal property. Grant petitioner
3     exclusive possession of personal property and, if
4     respondent has possession or control, direct respondent to
5     promptly make it available to petitioner, if:
6             (i) petitioner, but not respondent, owns the
7         property; or
8             (ii) the parties own the property jointly; sharing
9         it would risk abuse of petitioner by respondent or is
10         impracticable; and the balance of hardships favors
11         temporary possession by petitioner.
12         If petitioner's sole claim to ownership of the property
13     is that it is marital property, the court may award
14     petitioner temporary possession thereof under the
15     standards of subparagraph (ii) of this paragraph only if a
16     proper proceeding has been filed under the Illinois
17     Marriage and Dissolution of Marriage Act, as now or
18     hereafter amended.
19         No order under this provision shall affect title to
20     property.
21         (11) Protection of property. Forbid the respondent
22     from taking, transferring, encumbering, concealing,
23     damaging or otherwise disposing of any real or personal
24     property, except as explicitly authorized by the court, if:
25             (i) petitioner, but not respondent, owns the
26         property; or

 

 

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1             (ii) the parties own the property jointly, and the
2         balance of hardships favors granting this remedy.
3         If petitioner's sole claim to ownership of the property
4     is that it is marital property, the court may grant
5     petitioner relief under subparagraph (ii) of this
6     paragraph only if a proper proceeding has been filed under
7     the Illinois Marriage and Dissolution of Marriage Act, as
8     now or hereafter amended.
9         The court may further prohibit respondent from
10     improperly using the financial or other resources of an
11     aged member of the family or household for the profit or
12     advantage of respondent or of any other person.
13         (11.5) Protection of animals. Grant the petitioner the
14     exclusive care, custody, or control of any animal owned,
15     possessed, leased, kept, or held by either the petitioner
16     or the respondent or a minor child residing in the
17     residence or household of either the petitioner or the
18     respondent and order the respondent to stay away from the
19     animal and forbid the respondent from taking,
20     transferring, encumbering, concealing, harming, or
21     otherwise disposing of the animal.
22         (12) Order for payment of support. Order respondent to
23     pay temporary support for the petitioner or any child in
24     the petitioner's care or custody, when the respondent has a
25     legal obligation to support that person, in accordance with
26     the Illinois Marriage and Dissolution of Marriage Act,

 

 

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1     which shall govern, among other matters, the amount of
2     support, payment through the clerk and withholding of
3     income to secure payment. An order for child support may be
4     granted to a petitioner with lawful physical care or
5     custody of a child, or an order or agreement for physical
6     care or custody, prior to entry of an order for legal
7     custody. Such a support order shall expire upon entry of a
8     valid order granting legal custody to another, unless
9     otherwise provided in the custody order.
10         (13) Order for payment of losses. Order respondent to
11     pay petitioner for losses suffered as a direct result of
12     the abuse, neglect, or exploitation. Such losses shall
13     include, but not be limited to, medical expenses, lost
14     earnings or other support, repair or replacement of
15     property damaged or taken, reasonable attorney's fees,
16     court costs and moving or other travel expenses, including
17     additional reasonable expenses for temporary shelter and
18     restaurant meals.
19             (i) Losses affecting family needs. If a party is
20         entitled to seek maintenance, child support or
21         property distribution from the other party under the
22         Illinois Marriage and Dissolution of Marriage Act, as
23         now or hereafter amended, the court may order
24         respondent to reimburse petitioner's actual losses, to
25         the extent that such reimbursement would be
26         "appropriate temporary relief", as authorized by

 

 

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1         subsection (a)(3) of Section 501 of that Act.
2             (ii) Recovery of expenses. In the case of an
3         improper concealment or removal of a minor child, the
4         court may order respondent to pay the reasonable
5         expenses incurred or to be incurred in the search for
6         and recovery of the minor child, including but not
7         limited to legal fees, court costs, private
8         investigator fees, and travel costs.
9         (14) Prohibition of entry. Prohibit the respondent
10     from entering or remaining in the residence or household
11     while the respondent is under the influence of alcohol or
12     drugs and constitutes a threat to the safety and well-being
13     of the petitioner or the petitioner's children.
14         (14.5) Prohibition of firearm possession.
15             (a) When a complaint is made under a request for an
16         order of protection, that the respondent has
17         threatened or is likely to use firearms illegally
18         against the petitioner, and the respondent is present
19         in court, or has failed to appear after receiving
20         actual notice, the court shall examine on oath the
21         petitioner, and any witnesses who may be produced. If
22         the court is satisfied that there is any danger of the
23         illegal use of firearms, it shall issue an order that
24         any firearms in the possession of the respondent,
25         except as provided in subsection (b), be turned over to
26         the local law enforcement agency for safekeeping. If

 

 

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1         the respondent has failed to appear, the court shall
2         issue a warrant for seizure of any firearm in the
3         possession of the respondent. The period of
4         safekeeping shall be for a stated period of time not to
5         exceed 2 years. The firearm or firearms shall be
6         returned to the respondent at the end of the stated
7         period or at expiration of the order of protection,
8         whichever is sooner.
9             (b) If the respondent is a peace officer as defined
10         in Section 2-13 of the Criminal Code of 1961, the court
11         shall order that any firearms used by the respondent in
12         the performance of his or her duties as a peace officer
13         be surrendered to the chief law enforcement executive
14         of the agency in which the respondent is employed, who
15         shall retain the firearms for safekeeping for the
16         stated period not to exceed 2 years as set forth in the
17         court order.
18         (15) Prohibition of access to records. If an order of
19     protection prohibits respondent from having contact with
20     the minor child, or if petitioner's address is omitted
21     under subsection (b) of Section 203, or if necessary to
22     prevent abuse or wrongful removal or concealment of a minor
23     child, the order shall deny respondent access to, and
24     prohibit respondent from inspecting, obtaining, or
25     attempting to inspect or obtain, school or any other
26     records of the minor child who is in the care of

 

 

SB2719 Engrossed - 92 - LRB095 05883 RLC 25974 b

1     petitioner.
2         (16) Order for payment of shelter services. Order
3     respondent to reimburse a shelter providing temporary
4     housing and counseling services to the petitioner for the
5     cost of the services, as certified by the shelter and
6     deemed reasonable by the court.
7         (17) Order for injunctive relief. Enter injunctive
8     relief necessary or appropriate to prevent further abuse of
9     a family or household member or further abuse, neglect, or
10     exploitation of a high-risk adult with disabilities or to
11     effectuate one of the granted remedies, if supported by the
12     balance of hardships. If the harm to be prevented by the
13     injunction is abuse or any other harm that one of the
14     remedies listed in paragraphs (1) through (16) of this
15     subsection is designed to prevent, no further evidence is
16     necessary that the harm is an irreparable injury.
17     (c) Relevant factors; findings.
18         (1) In determining whether to grant a specific remedy,
19     other than payment of support, the court shall consider
20     relevant factors, including but not limited to the
21     following:
22             (i) the nature, frequency, severity, pattern and
23         consequences of the respondent's past abuse, neglect
24         or exploitation of the petitioner or any family or
25         household member, including the concealment of his or
26         her location in order to evade service of process or

 

 

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1         notice, and the likelihood of danger of future abuse,
2         neglect, or exploitation to petitioner or any member of
3         petitioner's or respondent's family or household; and
4             (ii) the danger that any minor child will be abused
5         or neglected or improperly removed from the
6         jurisdiction, improperly concealed within the State or
7         improperly separated from the child's primary
8         caretaker.
9         (2) In comparing relative hardships resulting to the
10     parties from loss of possession of the family home, the
11     court shall consider relevant factors, including but not
12     limited to the following:
13             (i) availability, accessibility, cost, safety,
14         adequacy, location and other characteristics of
15         alternate housing for each party and any minor child or
16         dependent adult in the party's care;
17             (ii) the effect on the party's employment; and
18             (iii) the effect on the relationship of the party,
19         and any minor child or dependent adult in the party's
20         care, to family, school, church and community.
21         (3) Subject to the exceptions set forth in paragraph
22     (4) of this subsection, the court shall make its findings
23     in an official record or in writing, and shall at a minimum
24     set forth the following:
25             (i) That the court has considered the applicable
26         relevant factors described in paragraphs (1) and (2) of

 

 

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1         this subsection.
2             (ii) Whether the conduct or actions of respondent,
3         unless prohibited, will likely cause irreparable harm
4         or continued abuse.
5             (iii) Whether it is necessary to grant the
6         requested relief in order to protect petitioner or
7         other alleged abused persons.
8         (4) For purposes of issuing an ex parte emergency order
9     of protection, the court, as an alternative to or as a
10     supplement to making the findings described in paragraphs
11     (c)(3)(i) through (c)(3)(iii) of this subsection, may use
12     the following procedure:
13         When a verified petition for an emergency order of
14     protection in accordance with the requirements of Sections
15     203 and 217 is presented to the court, the court shall
16     examine petitioner on oath or affirmation. An emergency
17     order of protection shall be issued by the court if it
18     appears from the contents of the petition and the
19     examination of petitioner that the averments are
20     sufficient to indicate abuse by respondent and to support
21     the granting of relief under the issuance of the emergency
22     order of protection.
23         (5) Never married parties. No rights or
24     responsibilities for a minor child born outside of marriage
25     attach to a putative father until a father and child
26     relationship has been established under the Illinois

 

 

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1     Parentage Act of 1984, the Illinois Public Aid Code,
2     Section 12 of the Vital Records Act, the Juvenile Court Act
3     of 1987, the Probate Act of 1985, the Revised Uniform
4     Reciprocal Enforcement of Support Act, the Uniform
5     Interstate Family Support Act, the Expedited Child Support
6     Act of 1990, any judicial, administrative, or other act of
7     another state or territory, any other Illinois statute, or
8     by any foreign nation establishing the father and child
9     relationship, any other proceeding substantially in
10     conformity with the Personal Responsibility and Work
11     Opportunity Reconciliation Act of 1996 (Pub. L. 104-193),
12     or where both parties appeared in open court or at an
13     administrative hearing acknowledging under oath or
14     admitting by affirmation the existence of a father and
15     child relationship. Absent such an adjudication, finding,
16     or acknowledgement, no putative father shall be granted
17     temporary custody of the minor child, visitation with the
18     minor child, or physical care and possession of the minor
19     child, nor shall an order of payment for support of the
20     minor child be entered.
21     (d) Balance of hardships; findings. If the court finds that
22 the balance of hardships does not support the granting of a
23 remedy governed by paragraph (2), (3), (10), (11), or (16) of
24 subsection (b) of this Section, which may require such
25 balancing, the court's findings shall so indicate and shall
26 include a finding as to whether granting the remedy will result

 

 

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1 in hardship to respondent that would substantially outweigh the
2 hardship to petitioner from denial of the remedy. The findings
3 shall be an official record or in writing.
4     (e) Denial of remedies. Denial of any remedy shall not be
5 based, in whole or in part, on evidence that:
6         (1) Respondent has cause for any use of force, unless
7     that cause satisfies the standards for justifiable use of
8     force provided by Article VII of the Criminal Code of 1961;
9         (2) Respondent was voluntarily intoxicated;
10         (3) Petitioner acted in self-defense or defense of
11     another, provided that, if petitioner utilized force, such
12     force was justifiable under Article VII of the Criminal
13     Code of 1961;
14         (4) Petitioner did not act in self-defense or defense
15     of another;
16         (5) Petitioner left the residence or household to avoid
17     further abuse, neglect, or exploitation by respondent;
18         (6) Petitioner did not leave the residence or household
19     to avoid further abuse, neglect, or exploitation by
20     respondent;
21         (7) Conduct by any family or household member excused
22     the abuse, neglect, or exploitation by respondent, unless
23     that same conduct would have excused such abuse, neglect,
24     or exploitation if the parties had not been family or
25     household members.
26 (Source: P.A. 95-234, eff. 1-1-08.)