98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5577

 

Introduced , by Rep. Michael J. Zalewski

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-1-9.5 new
730 ILCS 5/5-6-1  from Ch. 38, par. 1005-6-1
730 ILCS 5/5-6-2  from Ch. 38, par. 1005-6-2
730 ILCS 5/5-6-3  from Ch. 38, par. 1005-6-3

    Amends the Unified Code of Correction. Requires as a condition of probation, conditional discharge, and supervision that the defendant provides the court with satisfactory proof of level of education and require the defendant, at his or her expense, to make a good faith effort to raise his or her level of education. Failure to achieve the educational goal shall not be grounds for revocation of probation, conditional discharge, or supervision. If the defendant has a child, a condition of sentence shall be to attend a course on strengthening families and parenting. A credit of up to 180 days shall be given towards completion of probation and conditional discharge for achieving educational goal. Defines "good faith effort". Effective immediately.


LRB098 17827 MRW 52951 b

 

 

A BILL FOR

 

HB5577LRB098 17827 MRW 52951 b

1    AN ACT concerning criminal law, which may be referred to as
2the Incentivized Education and Family Support for Community
3Corrections Amendments.
 
4    Be it enacted by the People of the State of Illinois,
5represented in the General Assembly:
 
6    Section 5. Purpose. The General Assembly finds and declares
7the following:
8        (1) The General Assembly reaffirms its commitment to
9    reducing recidivism among criminal offenders.
10        (2) Despite the dramatic increase in corrections
11    spending over the past several decades, nationwide
12    recidivism levels remain unchanged or have worsened.
13    National data show that about 40 percent of persons
14    released from prison are re-incarcerated within three
15    years. In this State, the recidivism rate is around 50
16    percent for adult offenders, and recent numbers suggest
17    young offenders have a recidivism rate approaching 70
18    percent.
19        (3) One consequence of recidivism has been a steady
20    increase over the last 25 years in prison population.
21    Between 1988 and 2001, the number of prisoners in this
22    State has more than doubled, and between 2002 and 2013, the
23    prison population rose an additional 14.6 percent.
24        (4) Criminal justice policies that rely on building and

 

 

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1    operating more prisons to address community safety
2    concerns are not sustainable and will not result in
3    improved public safety.
4        (5) Education of criminal offenders is a sustainable
5    and proven evidence-based method of reducing recidivism.
6        (6) State policy must focus its criminal justice
7    policies on sustainable, evidence-based practices and
8    education, in particular practices that will reduce
9    recidivism, and improve public safety.
10        (7) State policy must recognize, and facilitate
11    through policy whenever possible, the key supports and
12    services which are crucial during reentry for persons who
13    are released from prison, or for persons who are on
14    supervised release or community corrections. These key
15    supports include but are not limited to social
16    relationships such as family, friends, and the faith
17    community all of which can facilitate and improve access to
18    other community-based supports and services.
19        (8) State policy must also focus on, recognize, and
20    facilitate whenever possible, the educational and familial
21    support for children of parents who are incarcerated, or
22    otherwise in the criminal justice system, such as,
23    supervised release or community corrections, with the
24    express purpose of protecting this vulnerable population
25    who without proper support are most likely themselves to
26    become offenders, and which is a contributing factor to the

 

 

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1    continuation of the cycle of crime and recidivism.
 
2    Section 10. The Unified Code of Corrections is amended by
3changing Sections 5-6-1, 5-6-2, and 5-6-3 and by adding Section
45-1-9.5 as follows:
 
5    (730 ILCS 5/5-1-9.5 new)
6    Sec. 5-1-9.5. Good faith effort. "Good faith effort" means
7the defendant is taking all reasonable steps to enroll in a
8course or program of instruction, and once enrolled is taking
9all possible reasonable steps to attend and make satisfactory
10progress toward completion of the course or program
11requirements. Employment, parenting, or other family
12obligations shall not be a satisfactory excuse for failure to
13make a good faith effort.
 
14    (730 ILCS 5/5-6-1)  (from Ch. 38, par. 1005-6-1)
15    Sec. 5-6-1. Sentences of Probation and of Conditional
16Discharge and Disposition of Supervision. The General Assembly
17finds that in order to protect the public, the criminal justice
18system must compel compliance with the conditions of probation
19by responding to violations with swift, certain and fair
20punishments and intermediate sanctions. The Chief Judge of each
21circuit shall adopt a system of structured, intermediate
22sanctions for violations of the terms and conditions of a
23sentence of probation, conditional discharge or disposition of

 

 

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1supervision.
2    (a) Except where specifically prohibited by other
3provisions of this Code, the court shall impose a sentence of
4probation or conditional discharge upon a defendant an offender
5unless, having regard to the nature and circumstance of the
6offense, and to the history, character and condition of the
7defendant offender, the court is of the opinion that:
8        (1) his or her imprisonment or periodic imprisonment is
9    necessary for the protection of the public; or
10        (2) probation or conditional discharge would deprecate
11    the seriousness of the defendant's offender's conduct and
12    would be inconsistent with the ends of justice; or
13        (3) a combination of imprisonment with concurrent or
14    consecutive probation when a defendant an offender has been
15    admitted into a drug court program under Section 20 of the
16    Drug Court Treatment Act is necessary for the protection of
17    the public and for the rehabilitation of the defendant
18    offender.
19    (a-1) As a condition of probation, conditional discharge,
20or supervision, the court shall require a defendant to
21demonstrate to the court's satisfaction his or her educational
22level, minimally by proof of a high school diploma or that he
23or she has passed the high school level test of General
24Educational Development (GED).
25        (1) If the defendant lacks a high school diploma or
26    GED, the defendant shall be required to make a good faith

 

 

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1    effort, at his or her sole expense, to have his or her
2    reading level assessed to determine high school or GED
3    readiness. If the defendant's reading level is not high
4    school or GED ready, the defendant shall be required to
5    make a good faith effort to enroll and remain enrolled, at
6    his or her sole expense, in an adaptive or remedial
7    learning program to achieve high school or GED readiness.
8        (2) A defendant who is high school or GED ready shall
9    make a good faith effort to enroll, and remain enrolled
10    throughout the term of his or her probation sentence, at
11    his or her sole expense, in an online or on-the-ground
12    educational program that leads to a high school diploma or
13    the high school level test of General Educational
14    Development (GED).
15        (3) A defendant who has a high school diploma or GED,
16    or who during but before the end of his or her probation
17    sentence acquires a high school diploma or GED, shall be
18    required to make a good faith effort to enroll, and remain
19    enrolled throughout the term or remaining term of his or
20    her probation, at his or her sole expense, in community
21    college, college, career certificate, career diploma, or
22    workforce development courses or programs.
23        (4) The court shall not revoke probation, conditional
24    discharge, or supervision because of the defendant's
25    inability or failure to achieve the educational objectives
26    in subparagraphs (1) through (3) of this paragraph (a-1),

 

 

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1    but may revoke probation, conditional discharge, or
2    supervision if the defendant fails to establish to the
3    court's satisfaction that he or she has made a good faith
4    effort to achieve these objectives.
5    (a-2) As a condition of probation, conditional discharge,
6or supervision, the court shall determine if a defendant has a
7child for whose care he or she is responsible through
8paternity, maternity, marriage, or child support order. A
9defendant who has a child shall be required to enroll and
10remain enrolled, participate or continue to participate,
11throughout the term of his or her sentence, at his or her sole
12expense, in courses or programs designed to encourage family
13support and strengthening of families, parenting, co-parenting
14and the building of parent-child relationships.
15    (a-3) In addition to the above requirements, the court
16shall impose as a condition of a sentence of probation,
17conditional discharge, or supervision, that the probation
18agency may invoke any sanction from the list of intermediate
19sanctions adopted by the chief judge of the circuit court for
20violations of the terms and conditions of the sentence of
21probation, conditional discharge, or supervision, subject to
22the provisions of Section 5-6-4 of this Code.
23    The court shall impose as a condition of a sentence of
24probation, conditional discharge, or supervision, that the
25probation agency may invoke any sanction from the list of
26intermediate sanctions adopted by the chief judge of the

 

 

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1circuit court for violations of the terms and conditions of the
2sentence of probation, conditional discharge, or supervision,
3subject to the provisions of Section 5-6-4 of this Act.
4    (b) The court may impose a sentence of conditional
5discharge for an offense if the court is of the opinion that
6neither a sentence of imprisonment nor of periodic imprisonment
7nor of probation supervision is appropriate.
8    (b-1) Subsections (a) and (b) of this Section do not apply
9to a defendant charged with a misdemeanor or felony under the
10Illinois Vehicle Code or reckless homicide under Section 9-3 of
11the Criminal Code of 1961 or the Criminal Code of 2012 if the
12defendant within the past 12 months has been convicted of or
13pleaded guilty to a misdemeanor or felony under the Illinois
14Vehicle Code or reckless homicide under Section 9-3 of the
15Criminal Code of 1961 or the Criminal Code of 2012.
16    (c) The court may, upon a plea of guilty or a stipulation
17by the defendant of the facts supporting the charge or a
18finding of guilt, defer further proceedings and the imposition
19of a sentence, and enter an order for supervision of the
20defendant, if the defendant is not charged with: (i) a Class A
21misdemeanor, as defined by the following provisions of the
22Criminal Code of 1961 or the Criminal Code of 2012: Sections
2311-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6;
2431-7; paragraphs (2) and (3) of subsection (a) of Section 21-1;
25paragraph (1) through (5), (8), (10), and (11) of subsection
26(a) of Section 24-1; (ii) a Class A misdemeanor violation of

 

 

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1Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals
2Act; or (iii) a felony. If the defendant is not barred from
3receiving an order for supervision as provided in this
4subsection, the court may enter an order for supervision after
5considering the circumstances of the offense, and the history,
6character and condition of the offender, if the court is of the
7opinion that:
8        (1) the offender is not likely to commit further
9    crimes;
10        (2) the defendant and the public would be best served
11    if the defendant were not to receive a criminal record; and
12        (3) in the best interests of justice an order of
13    supervision is more appropriate than a sentence otherwise
14    permitted under this Code.
15    (c-5) Subsections (a), (b), and (c) of this Section do not
16apply to a defendant charged with a second or subsequent
17violation of Section 6-303 of the Illinois Vehicle Code
18committed while his or her driver's license, permit or
19privileges were revoked because of a violation of Section 9-3
20of the Criminal Code of 1961 or the Criminal Code of 2012,
21relating to the offense of reckless homicide, or a similar
22provision of a law of another state.
23    (d) The provisions of paragraph (c) shall not apply to a
24defendant charged with violating Section 11-501 of the Illinois
25Vehicle Code or a similar provision of a local ordinance when
26the defendant has previously been:

 

 

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1        (1) convicted for a violation of Section 11-501 of the
2    Illinois Vehicle Code or a similar provision of a local
3    ordinance or any similar law or ordinance of another state;
4    or
5        (2) assigned supervision for a violation of Section
6    11-501 of the Illinois Vehicle Code or a similar provision
7    of a local ordinance or any similar law or ordinance of
8    another state; or
9        (3) pleaded guilty to or stipulated to the facts
10    supporting a charge or a finding of guilty to a violation
11    of Section 11-503 of the Illinois Vehicle Code or a similar
12    provision of a local ordinance or any similar law or
13    ordinance of another state, and the plea or stipulation was
14    the result of a plea agreement.
15    The court shall consider the statement of the prosecuting
16authority with regard to the standards set forth in this
17Section.
18    (e) The provisions of paragraph (c) shall not apply to a
19defendant charged with violating Section 16-25 or 16A-3 of the
20Criminal Code of 1961 or the Criminal Code of 2012 if said
21defendant has within the last 5 years been:
22        (1) convicted for a violation of Section 16-25 or 16A-3
23    of the Criminal Code of 1961 or the Criminal Code of 2012;
24    or
25        (2) assigned supervision for a violation of Section
26    16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal

 

 

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1    Code of 2012.
2    The court shall consider the statement of the prosecuting
3authority with regard to the standards set forth in this
4Section.
5    (f) The provisions of paragraph (c) shall not apply to a
6defendant charged with violating Sections 15-111, 15-112,
715-301, paragraph (b) of Section 6-104, Section 11-605, Section
811-1002.5, or Section 11-1414 of the Illinois Vehicle Code or a
9similar provision of a local ordinance.
10    (g) Except as otherwise provided in paragraph (i) of this
11Section, the provisions of paragraph (c) shall not apply to a
12defendant charged with violating Section 3-707, 3-708, 3-710,
13or 5-401.3 of the Illinois Vehicle Code or a similar provision
14of a local ordinance if the defendant has within the last 5
15years been:
16        (1) convicted for a violation of Section 3-707, 3-708,
17    3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
18    provision of a local ordinance; or
19        (2) assigned supervision for a violation of Section
20    3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
21    Code or a similar provision of a local ordinance.
22    The court shall consider the statement of the prosecuting
23authority with regard to the standards set forth in this
24Section.
25    (h) The provisions of paragraph (c) shall not apply to a
26defendant under the age of 21 years charged with violating a

 

 

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1serious traffic offense as defined in Section 1-187.001 of the
2Illinois Vehicle Code:
3        (1) unless the defendant, upon payment of the fines,
4    penalties, and costs provided by law, agrees to attend and
5    successfully complete a traffic safety program approved by
6    the court under standards set by the Conference of Chief
7    Circuit Judges. The accused shall be responsible for
8    payment of any traffic safety program fees. If the accused
9    fails to file a certificate of successful completion on or
10    before the termination date of the supervision order, the
11    supervision shall be summarily revoked and conviction
12    entered. The provisions of Supreme Court Rule 402 relating
13    to pleas of guilty do not apply in cases when a defendant
14    enters a guilty plea under this provision; or
15        (2) if the defendant has previously been sentenced
16    under the provisions of paragraph (c) on or after January
17    1, 1998 for any serious traffic offense as defined in
18    Section 1-187.001 of the Illinois Vehicle Code.
19    (h-1) The provisions of paragraph (c) shall not apply to a
20defendant under the age of 21 years charged with an offense
21against traffic regulations governing the movement of vehicles
22or any violation of Section 6-107 or Section 12-603.1 of the
23Illinois Vehicle Code, unless the defendant, upon payment of
24the fines, penalties, and costs provided by law, agrees to
25attend and successfully complete a traffic safety program
26approved by the court under standards set by the Conference of

 

 

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1Chief Circuit Judges. The accused shall be responsible for
2payment of any traffic safety program fees. If the accused
3fails to file a certificate of successful completion on or
4before the termination date of the supervision order, the
5supervision shall be summarily revoked and conviction entered.
6The provisions of Supreme Court Rule 402 relating to pleas of
7guilty do not apply in cases when a defendant enters a guilty
8plea under this provision.
9    (i) The provisions of paragraph (c) shall not apply to a
10defendant charged with violating Section 3-707 of the Illinois
11Vehicle Code or a similar provision of a local ordinance if the
12defendant has been assigned supervision for a violation of
13Section 3-707 of the Illinois Vehicle Code or a similar
14provision of a local ordinance.
15    (j) The provisions of paragraph (c) shall not apply to a
16defendant charged with violating Section 6-303 of the Illinois
17Vehicle Code or a similar provision of a local ordinance when
18the revocation or suspension was for a violation of Section
1911-501 or a similar provision of a local ordinance or a
20violation of Section 11-501.1 or paragraph (b) of Section
2111-401 of the Illinois Vehicle Code if the defendant has within
22the last 10 years been:
23        (1) convicted for a violation of Section 6-303 of the
24    Illinois Vehicle Code or a similar provision of a local
25    ordinance; or
26        (2) assigned supervision for a violation of Section

 

 

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1    6-303 of the Illinois Vehicle Code or a similar provision
2    of a local ordinance.
3    (k) The provisions of paragraph (c) shall not apply to a
4defendant charged with violating any provision of the Illinois
5Vehicle Code or a similar provision of a local ordinance that
6governs the movement of vehicles if, within the 12 months
7preceding the date of the defendant's arrest, the defendant has
8been assigned court supervision on 2 occasions for a violation
9that governs the movement of vehicles under the Illinois
10Vehicle Code or a similar provision of a local ordinance. The
11provisions of this paragraph (k) do not apply to a defendant
12charged with violating Section 11-501 of the Illinois Vehicle
13Code or a similar provision of a local ordinance.
14    (l) A defendant charged with violating any provision of the
15Illinois Vehicle Code or a similar provision of a local
16ordinance who receives a disposition of supervision under
17subsection (c) shall pay an additional fee of $29, to be
18collected as provided in Sections 27.5 and 27.6 of the Clerks
19of Courts Act. In addition to the $29 fee, the person shall
20also pay a fee of $6, which, if not waived by the court, shall
21be collected as provided in Sections 27.5 and 27.6 of the
22Clerks of Courts Act. The $29 fee shall be disbursed as
23provided in Section 16-104c of the Illinois Vehicle Code. If
24the $6 fee is collected, $5.50 of the fee shall be deposited
25into the Circuit Court Clerk Operation and Administrative Fund
26created by the Clerk of the Circuit Court and 50 cents of the

 

 

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1fee shall be deposited into the Prisoner Review Board Vehicle
2and Equipment Fund in the State treasury.
3    (m) Any person convicted of, pleading guilty to, or placed
4on supervision for a serious traffic violation, as defined in
5Section 1-187.001 of the Illinois Vehicle Code, a violation of
6Section 11-501 of the Illinois Vehicle Code, or a violation of
7a similar provision of a local ordinance shall pay an
8additional fee of $35, to be disbursed as provided in Section
916-104d of that Code.
10    This subsection (m) becomes inoperative 7 years after
11October 13, 2007 (the effective date of Public Act 95-154).
12    (n) The provisions of paragraph (c) shall not apply to any
13person under the age of 18 who commits an offense against
14traffic regulations governing the movement of vehicles or any
15violation of Section 6-107 or Section 12-603.1 of the Illinois
16Vehicle Code, except upon personal appearance of the defendant
17in court and upon the written consent of the defendant's parent
18or legal guardian, executed before the presiding judge. The
19presiding judge shall have the authority to waive this
20requirement upon the showing of good cause by the defendant.
21    (o) The provisions of paragraph (c) shall not apply to a
22defendant charged with violating Section 6-303 of the Illinois
23Vehicle Code or a similar provision of a local ordinance when
24the suspension was for a violation of Section 11-501.1 of the
25Illinois Vehicle Code and when:
26        (1) at the time of the violation of Section 11-501.1 of

 

 

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1    the Illinois Vehicle Code, the defendant was a first
2    offender pursuant to Section 11-500 of the Illinois Vehicle
3    Code and the defendant failed to obtain a monitoring device
4    driving permit; or
5        (2) at the time of the violation of Section 11-501.1 of
6    the Illinois Vehicle Code, the defendant was a first
7    offender pursuant to Section 11-500 of the Illinois Vehicle
8    Code, had subsequently obtained a monitoring device
9    driving permit, but was driving a vehicle not equipped with
10    a breath alcohol ignition interlock device as defined in
11    Section 1-129.1 of the Illinois Vehicle Code.
12    (p) The provisions of paragraph (c) shall not apply to a
13defendant charged with violating Section 11-601.5 of the
14Illinois Vehicle Code or a similar provision of a local
15ordinance.
16    (q) The provisions of paragraph (c) shall not apply to a
17defendant charged with violating subsection (b) of Section
1811-601 of the Illinois Vehicle Code when the defendant was
19operating a vehicle, in an urban district, at a speed in excess
20of 25 miles per hour over the posted speed limit.
21    (r) The provisions of paragraph (c) shall not apply to a
22defendant charged with violating any provision of the Illinois
23Vehicle Code or a similar provision of a local ordinance if the
24violation was the proximate cause of the death of another and
25the defendant's driving abstract contains a prior conviction or
26disposition of court supervision for any violation of the

 

 

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1Illinois Vehicle Code, other than an equipment violation, or a
2suspension, revocation, or cancellation of the driver's
3license.
4(Source: P.A. 97-333, eff. 8-12-11; 97-597, eff. 1-1-12;
597-831, eff. 7-1-13; 97-1108, eff. 1-1-13; 97-1150, eff.
61-25-13; 98-169, eff. 1-1-14.)
 
7    (730 ILCS 5/5-6-2)  (from Ch. 38, par. 1005-6-2)
8    Sec. 5-6-2. Incidents of Probation and of Conditional
9Discharge.
10    (a) When a defendant an offender is sentenced to probation
11or conditional discharge, the court shall impose a period as
12provided in Article 4.5 of Chapter V, and shall specify the
13conditions under Section 5-6-3.
14    (b) Multiple terms of probation imposed at the same time
15shall run concurrently.
16    (c) The court may at any time terminate probation or
17conditional discharge if warranted by the conduct of the
18defendant offender and the ends of justice, as provided in
19Section 5-6-4.
20    (c-1) A defendant shall be entitled to a time credit toward
21the completion of the defendant's probation or conditional
22discharge as follows:
23        (1) Completion of remedial or adaptive courses or
24    programs and achievement of documented high school or GED
25    readiness: 60 days.

 

 

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1        (2) A high school diploma or GED: 90 days.
2        (3) An associate's degree: 120 days.
3        (4) A bachelor's degree: 180 days.
4        (5) Sixty days for demonstrable engagement in the
5    defendant's child educational attainment, demonstrable
6    efforts towards healthy co-parenting, and demonstrable
7    civic engagement, including but not limited to
8    volunteering or teaching in a secular or faith-based
9    educational course or program that focuses on parenting or
10    family health and welfare.
11    A defendant's supervising officer shall promptly and as
12soon as practicable notify the court of the defendant's right
13to time credits under this subsection (c-1). Upon receipt of
14this notification, the court shall enter an order modifying the
15defendant's remaining period of probation or conditional
16discharge to reflect the time credit earned by the defendant.
17If, before the expiration of the original period or a reduced
18period of probation or conditional discharge, the court after a
19hearing under Section 5-6-4, finds that a defendant violated
20one or more conditions of probation or conditional discharge,
21the court may order that some or all of the time credit to
22which a defendant is entitled under this Section be forfeited.
23    (d) Upon the expiration or termination of the period of
24probation or of conditional discharge, the court shall enter an
25order discharging the offender.
26    (e) The court may extend any period of probation or

 

 

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1conditional discharge beyond the limits set forth in Article
24.5 of Chapter V upon a violation of a condition of the
3probation or conditional discharge, for the payment of an
4assessment required by Section 10.3 of the Cannabis Control
5Act, Section 411.2 of the Illinois Controlled Substances Act,
6or Section 80 of the Methamphetamine Control and Community
7Protection Act, or for the payment of restitution as provided
8by an order of restitution under Section 5-5-6 of this Code.
9    (f) The court may impose a term of probation that is
10concurrent or consecutive to a term of imprisonment so long as
11the maximum term imposed does not exceed the maximum term
12provided under Article 4.5 of Chapter V or Article 8 of this
13Chapter. The court may provide that probation may commence
14while an offender is on mandatory supervised release,
15participating in a day release program, or being monitored by
16an electronic monitoring device.
17(Source: P.A. 94-556, eff. 9-11-05; 95-1052, eff. 7-1-09.)
 
18    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
19    Sec. 5-6-3. Conditions of Probation and of Conditional
20Discharge.
21    (a) The conditions of probation and of conditional
22discharge shall be that the person:
23        (1) not violate any criminal statute of any
24    jurisdiction;
25        (2) report to or appear in person before such person or

 

 

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1    agency as directed by the court;
2        (3) refrain from possessing a firearm or other
3    dangerous weapon where the offense is a felony or, if a
4    misdemeanor, the offense involved the intentional or
5    knowing infliction of bodily harm or threat of bodily harm;
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

 

 

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1    repair of any damage caused by a violation of Section
2    21-1.3 of the Criminal Code of 1961 or the Criminal Code of
3    2012 and similar damage to property located within the
4    municipality or county in which the violation occurred.
5    When possible and reasonable, the community service should
6    be performed in the offender's neighborhood. For purposes
7    of this Section, "organized gang" has the meaning ascribed
8    to it in Section 10 of the Illinois Streetgang Terrorism
9    Omnibus Prevention Act;
10        (7) if he or she is at least 17 years of age and has
11    been sentenced to probation or conditional discharge for a
12    misdemeanor or felony in a county of 3,000,000 or more
13    inhabitants and has not been previously convicted of a
14    misdemeanor or felony, may be required by the sentencing
15    court to attend educational courses designed to prepare the
16    defendant for a high school diploma and to work toward a
17    high school diploma or to work toward passing the high
18    school level Test of General Educational Development (GED)
19    or to work toward completing a vocational training program
20    approved by the court. The person on probation or
21    conditional discharge must attend a public institution of
22    education to obtain the educational or vocational training
23    required by this clause (7). The court shall revoke the
24    probation or conditional discharge of a person who wilfully
25    fails to make a good faith effort to comply with this
26    clause (7). The person on probation or conditional

 

 

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

 

 

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1    undergo and successfully complete sex offender treatment
2    by a treatment provider approved by the Board and conducted
3    in conformance with the standards developed under the Sex
4    Offender Management Board Act;
5        (8.6) if convicted of a sex offense as defined in the
6    Sex Offender Management Board Act, refrain from residing at
7    the same address or in the same condominium unit or
8    apartment unit or in the same condominium complex or
9    apartment complex with another person he or she knows or
10    reasonably should know is a convicted sex offender or has
11    been placed on supervision for a sex offense; the
12    provisions of this paragraph do not apply to a person
13    convicted of a sex offense who is placed in a Department of
14    Corrections licensed transitional housing facility for sex
15    offenders;
16        (8.7) if convicted for an offense committed on or after
17    June 1, 2008 (the effective date of Public Act 95-464) that
18    would qualify the accused as a child sex offender as
19    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
20    1961 or the Criminal Code of 2012, refrain from
21    communicating with or contacting, by means of the Internet,
22    a person who is not related to the accused and whom the
23    accused reasonably believes to be under 18 years of age;
24    for purposes of this paragraph (8.7), "Internet" has the
25    meaning ascribed to it in Section 16-0.1 of the Criminal
26    Code of 2012; and a person is not related to the accused if

 

 

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1    the person is not: (i) the spouse, brother, or sister of
2    the accused; (ii) a descendant of the accused; (iii) a
3    first or second cousin of the accused; or (iv) a step-child
4    or adopted child of the accused;
5        (8.8) if convicted for an offense under Section 11-6,
6    11-9.1, 11-14.4 that involves soliciting for a juvenile
7    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
8    of the Criminal Code of 1961 or the Criminal Code of 2012,
9    or any attempt to commit any of these offenses, committed
10    on or after June 1, 2009 (the effective date of Public Act
11    95-983):
12            (i) not access or use a computer or any other
13        device with Internet capability without the prior
14        written approval of the offender's probation officer,
15        except in connection with the offender's employment or
16        search for employment with the prior approval of the
17        offender's probation officer;
18            (ii) submit to periodic unannounced examinations
19        of the offender's computer or any other device with
20        Internet capability by the offender's probation
21        officer, a law enforcement officer, or assigned
22        computer or information technology specialist,
23        including the retrieval and copying of all data from
24        the computer or device and any internal or external
25        peripherals and removal of such information,
26        equipment, or device to conduct a more thorough

 

 

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1        inspection;
2            (iii) submit to the installation on the offender's
3        computer or device with Internet capability, at the
4        offender's expense, of one or more hardware or software
5        systems to monitor the Internet use; and
6            (iv) submit to any other appropriate restrictions
7        concerning the offender's use of or access to a
8        computer or any other device with Internet capability
9        imposed by the offender's probation officer;
10        (8.9) if convicted of a sex offense as defined in the
11    Sex Offender Registration Act committed on or after January
12    1, 2010 (the effective date of Public Act 96-262), refrain
13    from accessing or using a social networking website as
14    defined in Section 17-0.5 of the Criminal Code of 2012;
15        (9) if convicted of a felony or of any misdemeanor
16    violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
17    12-3.5 of the Criminal Code of 1961 or the Criminal Code of
18    2012 that was determined, pursuant to Section 112A-11.1 of
19    the Code of Criminal Procedure of 1963, to trigger the
20    prohibitions of 18 U.S.C. 922(g)(9), physically surrender
21    at a time and place designated by the court, his or her
22    Firearm Owner's Identification Card and any and all
23    firearms in his or her possession. The Court shall return
24    to the Department of State Police Firearm Owner's
25    Identification Card Office the person's Firearm Owner's
26    Identification Card;

 

 

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1        (10) if convicted of a sex offense as defined in
2    subsection (a-5) of Section 3-1-2 of this Code, unless the
3    offender is a parent or guardian of the person under 18
4    years of age present in the home and no non-familial minors
5    are present, not participate in a holiday event involving
6    children under 18 years of age, such as distributing candy
7    or other items to children on Halloween, wearing a Santa
8    Claus costume on or preceding Christmas, being employed as
9    a department store Santa Claus, or wearing an Easter Bunny
10    costume on or preceding Easter;
11        (11) if convicted of a sex offense as defined in
12    Section 2 of the Sex Offender Registration Act committed on
13    or after January 1, 2010 (the effective date of Public Act
14    96-362) that requires the person to register as a sex
15    offender under that Act, may not knowingly use any computer
16    scrub software on any computer that the sex offender uses;
17    and
18        (12) if convicted of a violation of the Methamphetamine
19    Control and Community Protection Act, the Methamphetamine
20    Precursor Control Act, or a methamphetamine related
21    offense:
22            (A) prohibited from purchasing, possessing, or
23        having under his or her control any product containing
24        pseudoephedrine unless prescribed by a physician; and
25            (B) prohibited from purchasing, possessing, or
26        having under his or her control any product containing

 

 

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1        ammonium nitrate.
2    (b) The Court may in addition to other reasonable
3conditions relating to the nature of the offense or the
4rehabilitation of the defendant as determined for each
5defendant in the proper discretion of the Court require that
6the person:
7        (1) serve a term of periodic imprisonment under Article
8    7 for a period not to exceed that specified in paragraph
9    (d) of Section 5-7-1;
10        (2) pay a fine and costs;
11        (3) work or pursue a course of study or vocational
12    training;
13        (4) undergo medical, psychological or psychiatric
14    treatment; or treatment for drug addiction or alcoholism;
15        (5) attend or reside in a facility established for the
16    instruction or residence of defendants on probation;
17        (6) support his dependents;
18        (7) and in addition, if a minor:
19            (i) reside with his parents or in a foster home;
20            (ii) attend school;
21            (iii) attend a non-residential program for youth;
22            (iv) contribute to his own support at home or in a
23        foster home;
24            (v) with the consent of the superintendent of the
25        facility, attend an educational program at a facility
26        other than the school in which the offense was

 

 

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1        committed if he or she is convicted of a crime of
2        violence as defined in Section 2 of the Crime Victims
3        Compensation Act committed in a school, on the real
4        property comprising a school, or within 1,000 feet of
5        the real property comprising a school;
6        (8) make restitution as provided in Section 5-5-6 of
7    this Code;
8        (9) perform some reasonable public or community
9    service;
10        (10) serve a term of home confinement. In addition to
11    any other applicable condition of probation or conditional
12    discharge, the conditions of home confinement shall be that
13    the offender:
14            (i) remain within the interior premises of the
15        place designated for his confinement during the hours
16        designated by the court;
17            (ii) admit any person or agent designated by the
18        court into the offender's place of confinement at any
19        time for purposes of verifying the offender's
20        compliance with the conditions of his confinement; and
21            (iii) if further deemed necessary by the court or
22        the Probation or Court Services Department, be placed
23        on an approved electronic monitoring device, subject
24        to Article 8A of Chapter V;
25            (iv) for persons convicted of any alcohol,
26        cannabis or controlled substance violation who are

 

 

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

 

 

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1        circuit court. The clerk of the circuit court shall pay
2        all monies collected from this fee to the county
3        treasurer who shall use the monies collected to defray
4        the costs of corrections. The county treasurer shall
5        deposit the fee collected in the probation and court
6        services fund.
7        (11) comply with the terms and conditions of an order
8    of protection issued by the court pursuant to the Illinois
9    Domestic Violence Act of 1986, as now or hereafter amended,
10    or an order of protection issued by the court of another
11    state, tribe, or United States territory. A copy of the
12    order of protection shall be transmitted to the probation
13    officer or agency having responsibility for the case;
14        (12) reimburse any "local anti-crime program" as
15    defined in Section 7 of the Anti-Crime Advisory Council Act
16    for any reasonable expenses incurred by the program on the
17    offender's case, not to exceed the maximum amount of the
18    fine authorized for the offense for which the defendant was
19    sentenced;
20        (13) contribute a reasonable sum of money, not to
21    exceed the maximum amount of the fine authorized for the
22    offense for which the defendant was sentenced, (i) to a
23    "local anti-crime program", as defined in Section 7 of the
24    Anti-Crime Advisory Council Act, or (ii) for offenses under
25    the jurisdiction of the Department of Natural Resources, to
26    the fund established by the Department of Natural Resources

 

 

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1    for the purchase of evidence for investigation purposes and
2    to conduct investigations as outlined in Section 805-105 of
3    the Department of Natural Resources (Conservation) Law;
4        (14) refrain from entering into a designated
5    geographic area except upon such terms as the court finds
6    appropriate. Such terms may include consideration of the
7    purpose of the entry, the time of day, other persons
8    accompanying the defendant, and advance approval by a
9    probation officer, if the defendant has been placed on
10    probation or advance approval by the court, if the
11    defendant was placed on conditional discharge;
12        (15) refrain from having any contact, directly or
13    indirectly, with certain specified persons or particular
14    types of persons, including but not limited to members of
15    street gangs and drug users or dealers;
16        (16) refrain from having in his or her body the
17    presence of any illicit drug prohibited by the Cannabis
18    Control Act, the Illinois Controlled Substances Act, or the
19    Methamphetamine Control and Community Protection Act,
20    unless prescribed by a physician, and submit samples of his
21    or her blood or urine or both for tests to determine the
22    presence of any illicit drug;
23        (17) if convicted for an offense committed on or after
24    June 1, 2008 (the effective date of Public Act 95-464) that
25    would qualify the accused as a child sex offender as
26    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of

 

 

HB5577- 31 -LRB098 17827 MRW 52951 b

1    1961 or the Criminal Code of 2012, refrain from
2    communicating with or contacting, by means of the Internet,
3    a person who is related to the accused and whom the accused
4    reasonably believes to be under 18 years of age; for
5    purposes of this paragraph (17), "Internet" has the meaning
6    ascribed to it in Section 16-0.1 of the Criminal Code of
7    2012; and a person is related to the accused if the person
8    is: (i) the spouse, brother, or sister of the accused; (ii)
9    a descendant of the accused; (iii) a first or second cousin
10    of the accused; or (iv) a step-child or adopted child of
11    the accused;
12        (18) if convicted for an offense committed on or after
13    June 1, 2009 (the effective date of Public Act 95-983) that
14    would qualify as a sex offense as defined in the Sex
15    Offender Registration Act:
16            (i) not access or use a computer or any other
17        device with Internet capability without the prior
18        written approval of the offender's probation officer,
19        except in connection with the offender's employment or
20        search for employment with the prior approval of the
21        offender's probation officer;
22            (ii) submit to periodic unannounced examinations
23        of the offender's computer or any other device with
24        Internet capability by the offender's probation
25        officer, a law enforcement officer, or assigned
26        computer or information technology specialist,

 

 

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1        including the retrieval and copying of all data from
2        the computer or device and any internal or external
3        peripherals and removal of such information,
4        equipment, or device to conduct a more thorough
5        inspection;
6            (iii) submit to the installation on the offender's
7        computer or device with Internet capability, at the
8        subject's expense, of one or more hardware or software
9        systems to monitor the Internet use; and
10            (iv) submit to any other appropriate restrictions
11        concerning the offender's use of or access to a
12        computer or any other device with Internet capability
13        imposed by the offender's probation officer; and
14        (19) refrain from possessing a firearm or other
15    dangerous weapon where the offense is a misdemeanor that
16    did not involve the intentional or knowing infliction of
17    bodily harm or threat of bodily harm.
18    (c) The court may as a condition of probation or of
19conditional discharge require that a person under 18 years of
20age found guilty of any alcohol, cannabis or controlled
21substance violation, refrain from acquiring a driver's license
22during the period of probation or conditional discharge. If
23such person is in possession of a permit or license, the court
24may require that the minor refrain from driving or operating
25any motor vehicle during the period of probation or conditional
26discharge, except as may be necessary in the course of the

 

 

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1minor's lawful employment.
2    (d) An offender sentenced to probation or to conditional
3discharge shall be given a certificate setting forth the
4conditions thereof.
5    (e) Except where the offender has committed a fourth or
6subsequent violation of subsection (c) of Section 6-303 of the
7Illinois Vehicle Code, the court shall not require as a
8condition of the sentence of probation or conditional discharge
9that the offender be committed to a period of imprisonment in
10excess of 6 months. This 6 month limit shall not include
11periods of confinement given pursuant to a sentence of county
12impact incarceration under Section 5-8-1.2.
13    Persons committed to imprisonment as a condition of
14probation or conditional discharge shall not be committed to
15the Department of Corrections.
16    (f) The court may combine a sentence of periodic
17imprisonment under Article 7 or a sentence to a county impact
18incarceration program under Article 8 with a sentence of
19probation or conditional discharge.
20    (g) An offender sentenced to probation or to conditional
21discharge and who during the term of either undergoes mandatory
22drug or alcohol testing, or both, or is assigned to be placed
23on an approved electronic monitoring device, shall be ordered
24to pay all costs incidental to such mandatory drug or alcohol
25testing, or both, and all costs incidental to such approved
26electronic monitoring in accordance with the defendant's

 

 

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1ability to pay those costs. The county board with the
2concurrence of the Chief Judge of the judicial circuit in which
3the county is located shall establish reasonable fees for the
4cost of maintenance, testing, and incidental expenses related
5to the mandatory drug or alcohol testing, or both, and all
6costs incidental to approved electronic monitoring, involved
7in a successful probation program for the county. The
8concurrence of the Chief Judge shall be in the form of an
9administrative order. The fees shall be collected by the clerk
10of the circuit court. The clerk of the circuit court shall pay
11all moneys collected from these fees to the county treasurer
12who shall use the moneys collected to defray the costs of drug
13testing, alcohol testing, and electronic monitoring. The
14county treasurer shall deposit the fees collected in the county
15working cash fund under Section 6-27001 or Section 6-29002 of
16the Counties Code, as the case may be.
17    (h) Jurisdiction over an offender may be transferred from
18the sentencing court to the court of another circuit with the
19concurrence of both courts. Further transfers or retransfers of
20jurisdiction are also authorized in the same manner. The court
21to which jurisdiction has been transferred shall have the same
22powers as the sentencing court. The probation department within
23the circuit to which jurisdiction has been transferred, or
24which has agreed to provide supervision, may impose probation
25fees upon receiving the transferred offender, as provided in
26subsection (i). For all transfer cases, as defined in Section

 

 

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19b of the Probation and Probation Officers Act, the probation
2department from the original sentencing court shall retain all
3probation fees collected prior to the transfer. After the
4transfer all probation fees shall be paid to the probation
5department within the circuit to which jurisdiction has been
6transferred.
7    (i) The court shall impose upon an offender sentenced to
8probation after January 1, 1989 or to conditional discharge
9after January 1, 1992 or to community service under the
10supervision of a probation or court services department after
11January 1, 2004, as a condition of such probation or
12conditional discharge or supervised community service, a fee of
13$50 for each month of probation or conditional discharge
14supervision or supervised community service ordered by the
15court, unless after determining the inability of the person
16sentenced to probation or conditional discharge or supervised
17community service to pay the fee, the court assesses a lesser
18fee. The court may not impose the fee on a minor who is made a
19ward of the State under the Juvenile Court Act of 1987 while
20the minor is in placement. The fee shall be imposed only upon
21an offender who is actively supervised by the probation and
22court services department. The fee shall be collected by the
23clerk of the circuit court. The clerk of the circuit court
24shall pay all monies collected from this fee to the county
25treasurer for deposit in the probation and court services fund
26under 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
2subsection (i) in excess of $25 per month unless the circuit
3court has adopted, by administrative order issued by the chief
4judge, a standard probation fee guide determining an offender's
5ability to pay Of the amount collected as a probation fee, up
6to $5 of that fee collected per month may be used to provide
7services to crime victims and their families.
8    The Court may only waive probation fees based on an
9offender's ability to pay. The probation department may
10re-evaluate an offender's ability to pay every 6 months, and,
11with the approval of the Director of Court Services or the
12Chief Probation Officer, adjust the monthly fee amount. An
13offender may elect to pay probation fees due in a lump sum. Any
14offender that has been assigned to the supervision of a
15probation department, or has been transferred either under
16subsection (h) of this Section or under any interstate compact,
17shall be required to pay probation fees to the department
18supervising the offender, based on the offender's ability to
19pay.
20    This amendatory Act of the 93rd General Assembly deletes
21the $10 increase in the fee under this subsection that was
22imposed by Public Act 93-616. This deletion is intended to
23control over any other Act of the 93rd General Assembly that
24retains or incorporates that fee increase.
25    (i-5) In addition to the fees imposed under subsection (i)
26of this Section, in the case of an offender convicted of a

 

 

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

 

 

HB5577- 38 -LRB098 17827 MRW 52951 b

1of protection be placed under electronic surveillance as
2provided in Section 5-8A-7 of this Code.
3(Source: P.A. 97-454, eff. 1-1-12; 97-560, eff. 1-1-12; 97-597,
4eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1131, eff. 1-1-13;
597-1150, eff. 1-25-13; 98-575, eff. 1-1-14.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.