Illinois General Assembly - Full Text of HB1163
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Full Text of HB1163  93rd General Assembly

HB1163 93rd General Assembly


                                     LRB093 02141 RLC 02148 b

 1        AN ACT in relation to criminal law.

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

 4        Section 5.  The Unified Code of Corrections is amended by
 5    changing Section 5-6-3.1 as follows:

 6        (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
 7        Sec. 5-6-3.1.  Incidents and Conditions of Supervision.
 8        (a)  When a defendant is placed on supervision, the court
 9    shall enter an order for supervision specifying the period of
10    such supervision, and shall defer further proceedings in  the
11    case until the conclusion of the period.
12        (b)  The  period of supervision shall be reasonable under
13    all of the circumstances of the case, but may not  be  longer
14    than  2  years,  unless  the  defendant has failed to pay the
15    assessment required by Section 10.3 of the  Cannabis  Control
16    Act  or  Section  411.2 of the Illinois Controlled Substances
17    Act, in which case the court may extend supervision beyond  2
18    years.  Additionally,  the court shall order the defendant to
19    perform no less than 30 hours of community  service  and  not
20    more  than  120  hours  of  community  service,  if community
21    service is available in the jurisdiction and  is  funded  and
22    approved by the county board where the offense was committed,
23    when  the offense (1) was related to or in furtherance of the
24    criminal activities of an organized gang or was motivated  by
25    the  defendant's  membership in or allegiance to an organized
26    gang; or (2) is a violation of any Section of Article  24  of
27    the  Criminal Code of 1961 where a disposition of supervision
28    is not prohibited  by  Section  5-6-1  of  this  Code.    The
29    community  service  shall include, but not be limited to, the
30    cleanup and repair of  any  damage  caused  by  violation  of
31    Section  21-1.3  of  the  Criminal  Code  of 1961 and similar
                            -2-      LRB093 02141 RLC 02148 b
 1    damages to property located within the municipality or county
 2    in  which  the  violation  occurred.   Where   possible   and
 3    reasonable,  the community service should be performed in the
 4    offender's neighborhood.
 5        For the purposes of this Section,  "organized  gang"  has
 6    the  meaning  ascribed  to  it  in Section 10 of the Illinois
 7    Streetgang Terrorism Omnibus Prevention Act.
 8        (c)  The  court  may  in  addition  to  other  reasonable
 9    conditions relating to the  nature  of  the  offense  or  the
10    rehabilitation  of  the  defendant  as  determined  for  each
11    defendant  in the proper discretion of the court require that
12    the person:
13             (1)  make a report to and appear in person before or
14        participate with the court or  such  courts,  person,  or
15        social  service  agency  as  directed by the court in the
16        order of supervision;
17             (2)  pay a fine and costs;
18             (3)  work or pursue a course of study or  vocational
19        training;
20             (4)  undergo  medical,  psychological or psychiatric
21        treatment; or treatment for drug addiction or alcoholism;
22             (5)  attend or reside in a facility established  for
23        the instruction or residence of defendants on probation;
24             (6)  support his dependents;
25             (7)  refrain  from  possessing  a  firearm  or other
26        dangerous weapon;
27             (8)  and in addition, if a minor:
28                  (i)  reside with his parents  or  in  a  foster
29             home;
30                  (ii)  attend school;
31                  (iii)  attend  a  non-residential  program  for
32             youth;
33                  (iv)  contribute  to his own support at home or
34             in a foster home; or
                            -3-      LRB093 02141 RLC 02148 b
 1                  (v)  with the consent of the superintendent  of
 2             the  facility,  attend  an  educational program at a
 3             facility other than the school in which the  offense
 4             was  committed if he or she is placed on supervision
 5             for a crime of violence as defined in Section  2  of
 6             the  Crime  Victims  Compensation Act committed in a
 7             school, on the real property comprising a school, or
 8             within 1,000 feet of the real property comprising  a
 9             school;
10             (9)  make restitution or reparation in an amount not
11        to exceed actual loss or damage to property and pecuniary
12        loss  or  make  restitution  under  Section  5-5-6  to  a
13        domestic violence shelter.  The court shall determine the
14        amount and conditions of payment;
15             (10)  perform  some  reasonable  public or community
16        service;
17             (11)  comply with the terms  and  conditions  of  an
18        order  of  protection issued by the court pursuant to the
19        Illinois Domestic Violence Act of 1986  or  an  order  of
20        protection  issued  by the court of another state, tribe,
21        or United States territory. If the court has ordered  the
22        defendant  to  make  a  report and appear in person under
23        paragraph (1) of this subsection, a copy of the order  of
24        protection  shall  be transmitted to the person or agency
25        so designated by the court;
26             (12)  reimburse any "local  anti-crime  program"  as
27        defined  in  Section 7 of the Anti-Crime Advisory Council
28        Act for any reasonable expenses incurred by  the  program
29        on  the offender's case, not to exceed the maximum amount
30        of the fine authorized for  the  offense  for  which  the
31        defendant was sentenced;
32             (13)  contribute  a  reasonable sum of money, not to
33        exceed the maximum amount of the fine authorized for  the
34        offense  for  which  the  defendant  was  sentenced, to a
                            -4-      LRB093 02141 RLC 02148 b
 1        "local anti-crime program", as defined in  Section  7  of
 2        the Anti-Crime Advisory Council Act;
 3             (14)  refrain   from   entering  into  a  designated
 4        geographic area except upon such terms as the court finds
 5        appropriate.  Such terms may include consideration of the
 6        purpose of the entry, the  time  of  day,  other  persons
 7        accompanying  the  defendant,  and  advance approval by a
 8        probation officer;
 9             (15)  refrain from having any contact,  directly  or
10        indirectly,  with certain specified persons or particular
11        types of person, including but not limited to members  of
12        street gangs and drug users or dealers;
13             (16)  refrain  from  having  in  his or her body the
14        presence of any illicit drug prohibited by  the  Cannabis
15        Control  Act  or  the Illinois Controlled Substances Act,
16        unless prescribed by a physician, and submit  samples  of
17        his  or her blood or urine or both for tests to determine
18        the presence of any illicit drug;
19             (17)  refrain from operating any motor  vehicle  not
20        equipped  with an ignition interlock device as defined in
21        Section 1-129.1 of the Illinois Vehicle Code.  Under this
22        condition the court may allow  a  defendant  who  is  not
23        self-employed   to   operate   a  vehicle  owned  by  the
24        defendant's  employer  that  is  not  equipped  with   an
25        ignition  interlock device in the course and scope of the
26        defendant's employment.
27        (d)  The court shall defer entering any judgment  on  the
28    charges until the conclusion of the supervision.
29        (e)  At  the  conclusion of the period of supervision, if
30    the court determines  that  the  defendant  has  successfully
31    complied with all of the conditions of supervision, the court
32    shall discharge the defendant and enter a judgment dismissing
33    the charges.
34        (f)  Discharge and dismissal upon a successful conclusion
                            -5-      LRB093 02141 RLC 02148 b
 1    of  a  disposition  of  supervision  shall  be deemed without
 2    adjudication of guilt and shall not be  termed  a  conviction
 3    for  purposes  of disqualification or disabilities imposed by
 4    law  upon  conviction  of  a  crime.   Two  years  after  the
 5    discharge  and  dismissal  under  this  Section,  unless  the
 6    disposition of supervision was for a  violation  of  Sections
 7    3-707,  3-708,  3-710,  5-401.3,  or  11-503  of the Illinois
 8    Vehicle Code or a similar provision of a local ordinance,  or
 9    for  a  violation of Sections 12-3.2 or 16A-3 of the Criminal
10    Code of 1961, in  which  case  it  shall  be  5  years  after
11    discharge  and  dismissal,  a  person  may have his record of
12    arrest  sealed  or  expunged  as  may  be  provided  by  law.
13    However, any defendant placed on supervision  before  January
14    1,  1980,  may  move for sealing or expungement of his arrest
15    record, as provided by law, at any time after  discharge  and
16    dismissal  under this Section. A person placed on supervision
17    for a sexual offense committed against a minor as defined  in
18    subsection  (g)  of  Section 5 of the Criminal Identification
19    Act or for a violation of  Section  11-501  of  the  Illinois
20    Vehicle  Code  or  a  similar  provision of a local ordinance
21    shall not  have  his  or  her  record  of  arrest  sealed  or
22    expunged.
23        (g)  A defendant placed on supervision and who during the
24    period  of  supervision  undergoes  mandatory drug or alcohol
25    testing, or both, or is assigned to be placed on an  approved
26    electronic  monitoring  device,  shall  be ordered to pay the
27    costs incidental to such mandatory drug or  alcohol  testing,
28    or  both,  and  costs  incidental to such approved electronic
29    monitoring in accordance with the defendant's ability to  pay
30    those  costs.  The  county  board with the concurrence of the
31    Chief Judge of the judicial circuit in which  the  county  is
32    located  shall  establish  reasonable  fees  for  the cost of
33    maintenance, testing, and incidental expenses related to  the
34    mandatory  drug  or  alcohol  testing, or both, and all costs
                            -6-      LRB093 02141 RLC 02148 b
 1    incidental  to  approved  electronic   monitoring,   of   all
 2    defendants  placed  on  supervision.  The  concurrence of the
 3    Chief Judge shall be in the form of an administrative  order.
 4    The  fees  shall  be  collected  by  the clerk of the circuit
 5    court.  The clerk of the circuit court shall pay  all  moneys
 6    collected  from  these fees to the county treasurer who shall
 7    use the moneys collected to defray the costs of drug testing,
 8    alcohol  testing,  and  electronic  monitoring.  The   county
 9    treasurer  shall  deposit  the  fees  collected in the county
10    working cash fund under Section 6-27001 or Section 6-29002 of
11    the Counties Code, as the case may be.
12        (h)  A disposition of supervision is a  final  order  for
13    the purposes of appeal.
14        (i)  The  court  shall  impose upon a defendant placed on
15    supervision  after  January  1,  1992,  as  a  condition   of
16    supervision,  a  fee  of  $25  for  each month of supervision
17    ordered by the court, unless after determining the  inability
18    of the person placed on supervision to pay the fee, the court
19    assesses  a lesser fee. The court may not impose the fee on a
20    minor who is made a ward of  the  State  under  the  Juvenile
21    Court  Act  of  1987 while the minor is in placement. The fee
22    shall be imposed  only  upon  a  defendant  who  is  actively
23    supervised  by  the  probation and court services department.
24    The fee shall be collected by the clerk of the circuit court.
25    The clerk of the circuit court shall pay all monies collected
26    from this fee to the county  treasurer  for  deposit  in  the
27    probation and court services fund pursuant to Section 15.1 of
28    the Probation and Probation Officers Act.
29        (j)  All  fines  and costs imposed under this Section for
30    any violation of Chapters 3, 4, 6, and  11  of  the  Illinois
31    Vehicle  Code,  or  a similar provision of a local ordinance,
32    and any violation of the Child Passenger Protection Act, or a
33    similar provision of a local ordinance,  shall  be  collected
34    and  disbursed by the circuit clerk as provided under Section
                            -7-      LRB093 02141 RLC 02148 b
 1    27.5 of the Clerks of Courts Act.
 2        (k)  A defendant at least 17 years of age who  is  placed
 3    on  supervision for a misdemeanor in a county of 3,000,000 or
 4    more inhabitants and who has not been previously convicted of
 5    a misdemeanor or felony may as a  condition  of  his  or  her
 6    supervision  be  required  by the court to attend educational
 7    courses designed to prepare the defendant for a  high  school
 8    diploma  and  to work toward a high school diploma or to work
 9    toward  passing  the  high  school  level  Test  of   General
10    Educational  Development (GED) or to work toward completing a
11    vocational training  program  approved  by  the  court.   The
12    defendant   placed   on  supervision  must  attend  a  public
13    institution  of  education  to  obtain  the  educational   or
14    vocational  training  required  by  this subsection (k).  The
15    defendant placed on supervision shall be required to pay  for
16    the  cost of the educational courses or GED test, if a fee is
17    charged for those courses or test.  The  court  shall  revoke
18    the supervision of a person who wilfully fails to comply with
19    this   subsection   (k).   The  court  shall  resentence  the
20    defendant upon  revocation  of  supervision  as  provided  in
21    Section  5-6-4.   This  subsection  (k)  does  not apply to a
22    defendant who has a high school diploma or  has  successfully
23    passed  the GED test. This subsection (k) does not apply to a
24    defendant  who   is   determined   by   the   court   to   be
25    developmentally  disabled  or otherwise mentally incapable of
26    completing the educational or vocational program.
27        (l)  The  court  shall  require  a  defendant  placed  on
28    supervision for possession of a substance prohibited  by  the
29    Cannabis  Control  Act  or Illinois Controlled Substances Act
30    after a previous conviction or disposition of supervision for
31    possession of a substance prohibited by the Cannabis  Control
32    Act  or  Illinois  Controlled Substances Act or a sentence of
33    probation under Section 10 of the  Cannabis  Control  Act  or
34    Section  410  of  the  Illinois Controlled Substances Act and
                            -8-      LRB093 02141 RLC 02148 b
 1    after a finding by the court that the person is addicted,  to
 2    undergo  treatment  at  a substance abuse program approved by
 3    the court.
 4        (m)  The Secretary of State shall require  anyone  placed
 5    on  court supervision for a violation of Section 3-707 of the
 6    Illinois Vehicle Code or  a  similar  provision  of  a  local
 7    ordinance   to   give   proof   of   his   or  her  financial
 8    responsibility as defined in Section 7-315  of  the  Illinois
 9    Vehicle   Code.    The  proof  shall  be  maintained  by  the
10    individual in a manner satisfactory to the Secretary of State
11    for a minimum period of 3 years one year after the  date  the
12    proof  is first filed. The proof shall be limited to a single
13    action  per  arrest  and  may  not   be   affected   by   any
14    post-sentence  disposition.   The  Secretary  of  State shall
15    suspend the driver's license of any person determined by  the
16    Secretary to be in violation of this subsection.
17    (Source: P.A.  91-127,  eff.  1-1-00;  91-696,  eff. 4-13-00;
18    91-903,  eff.  1-1-01;  92-282,  eff.  8-7-01;  92-458,  eff.
19    8-22-01; 92-651, eff. 7-11-02.)