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Full Text of HB2390  100th General Assembly

HB2390ham003 100TH GENERAL ASSEMBLY

Rep. Stephanie A. Kifowit

Filed: 3/22/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2390

2    AMENDMENT NO. ______. Amend House Bill 2390, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Criminal Code of 2012 is amended by
6changing Section 12-7.1 as follows:
 
7    (720 ILCS 5/12-7.1)  (from Ch. 38, par. 12-7.1)
8    Sec. 12-7.1. Hate crime.
9    (a) A person commits hate crime when, by reason of the
10actual or perceived race, color, creed, religion, ancestry,
11gender, sexual orientation, physical or mental disability, or
12national origin of another individual or group of individuals,
13regardless of the existence of any other motivating factor or
14factors, he commits assault, battery, aggravated assault,
15misdemeanor theft, criminal trespass to residence, misdemeanor
16criminal damage to property, criminal trespass to vehicle,

 

 

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1criminal trespass to real property, mob action, disorderly
2conduct, harassment by telephone, or harassment through
3electronic communications as these crimes are defined in
4Sections 12-1, 12-2, 12-3(a), 16-1, 19-4, 21-1, 21-2, 21-3,
525-1, 26-1, 26.5-2, and paragraphs (a)(2) and (a)(5) of Section
626.5-3 of this Code, respectively.
7    (b) Except as provided in subsection (b-5), hate crime is a
8Class 4 felony for a first offense and a Class 2 felony for a
9second or subsequent offense.
10    (b-5) Hate crime is a Class 3 felony for a first offense
11and a Class 2 felony for a second or subsequent offense if
12committed:
13        (1) in, or upon the exterior or grounds of, a church,
14    synagogue, mosque, or other building, structure, or place
15    identified or associated with a particular religion or used
16    for religious worship or other religious purpose;
17        (2) in a cemetery, mortuary, or other facility used for
18    the purpose of burial or memorializing the dead;
19        (3) in a school or other educational facility,
20    including an administrative facility or public or private
21    dormitory facility of or associated with the school or
22    other educational facility;
23        (4) in a public park or an ethnic or religious
24    community center;
25        (5) on the real property comprising any location
26    specified in clauses (1) through (4) of this subsection

 

 

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1    (b-5); or
2        (6) on a public way within 1,000 feet of the real
3    property comprising any location specified in clauses (1)
4    through (4) of this subsection (b-5).
5    (b-10) Upon imposition of any sentence, the trial court
6shall also either order restitution paid to the victim or
7impose a fine in an amount to be determined by the court based
8on the severity of the crime and the injury or damages suffered
9by the victim up to $1,000. In addition, any order of probation
10or conditional discharge entered following a conviction or an
11adjudication of delinquency shall include a condition that the
12offender perform public or community service of no less than
13200 hours if that service is established in the county where
14the offender was convicted of hate crime. In addition, any
15order of probation or conditional discharge entered following a
16conviction or an adjudication of delinquency shall include a
17condition that the offender enroll in an educational program
18discouraging hate crimes involving the protected class
19identified in subsection (a) that gave rise to the offense the
20offender committed if the offender caused criminal damage to
21property consisting of religious fixtures, objects, or
22decorations. The educational program must be attended by the
23offender in-person and may be administered, as determined by
24the court, by a university, college, community college,
25non-profit organization, or the Illinois Holocaust and
26Genocide Commission, or any other organization that provides

 

 

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1educational programs discouraging hate crimes, except that
2programs administered online or that can otherwise be attended
3remotely are prohibited. Nothing in this subsection (b-10)
4prohibits courses discouraging hate crimes from being made
5available online. The court may also impose any other condition
6of probation or conditional discharge under this Section. If
7the court sentences the offender to imprisonment or periodic
8imprisonment for a violation of this Section, as a condition of
9the offender's mandatory supervised release, the court shall
10require that the offender perform public or community service
11of no less than 200 hours and enroll in an educational program
12discouraging hate crimes involving the protected class
13identified in subsection (a) that gave rise to the offense the
14offender committed.
15    (c) Independent of any criminal prosecution or the result
16thereof, any person suffering injury to his person or damage to
17his property as a result of a hate crime may bring a civil
18action for damages, injunction or other appropriate relief. The
19court may award actual damages, including damages for emotional
20distress, as well as or punitive damages. A judgment in favor
21of a person who brings a civil action under this subsection (c)
22shall may include attorney's fees and costs. The parents or
23legal guardians, other than guardians appointed pursuant to the
24Juvenile Court Act or the Juvenile Court Act of 1987, of an
25unemancipated minor shall be liable for the amount of any
26judgment for all actual damages rendered against such minor

 

 

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1under this subsection (c) in any amount not exceeding the
2amount provided under Section 5 of the Parental Responsibility
3Law.
4    (d) "Sexual orientation" has the meaning ascribed to it in
5paragraph (O-1) of Section 1-103 of the Illinois Human Rights
6Act.
7(Source: P.A. 99-77, eff. 1-1-16.)
 
8    Section 10. The Unified Code of Corrections is amended by
9changing Sections 3-3-7 and 5-6-3 as follows:
 
10    (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
11    Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
12Release.
13    (a) The conditions of parole or mandatory supervised
14release shall be such as the Prisoner Review Board deems
15necessary to assist the subject in leading a law-abiding life.
16The conditions of every parole and mandatory supervised release
17are that the subject:
18        (1) not violate any criminal statute of any
19    jurisdiction during the parole or release term;
20        (2) refrain from possessing a firearm or other
21    dangerous weapon;
22        (3) report to an agent of the Department of
23    Corrections;
24        (4) permit the agent to visit him or her at his or her

 

 

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1    home, employment, or elsewhere to the extent necessary for
2    the agent to discharge his or her duties;
3        (5) attend or reside in a facility established for the
4    instruction or residence of persons on parole or mandatory
5    supervised release;
6        (6) secure permission before visiting or writing a
7    committed person in an Illinois Department of Corrections
8    facility;
9        (7) report all arrests to an agent of the Department of
10    Corrections as soon as permitted by the arresting authority
11    but in no event later than 24 hours after release from
12    custody and immediately report service or notification of
13    an order of protection, a civil no contact order, or a
14    stalking no contact order to an agent of the Department of
15    Corrections;
16        (7.5) if convicted of a sex offense as defined in the
17    Sex Offender Management Board Act, the individual shall
18    undergo and successfully complete sex offender treatment
19    conducted in conformance with the standards developed by
20    the Sex Offender Management Board Act by a treatment
21    provider approved by the Board;
22        (7.6) if convicted of a sex offense as defined in the
23    Sex Offender Management Board Act, refrain from residing at
24    the same address or in the same condominium unit or
25    apartment unit or in the same condominium complex or
26    apartment complex with another person he or she knows or

 

 

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1    reasonably should know is a convicted sex offender or has
2    been placed on supervision for a sex offense; the
3    provisions of this paragraph do not apply to a person
4    convicted of a sex offense who is placed in a Department of
5    Corrections licensed transitional housing facility for sex
6    offenders, or is in any facility operated or licensed by
7    the Department of Children and Family Services or by the
8    Department of Human Services, or is in any licensed medical
9    facility;
10        (7.7) if convicted for an offense that would qualify
11    the accused as a sexual predator under the Sex Offender
12    Registration Act on or after January 1, 2007 (the effective
13    date of Public Act 94-988), wear an approved electronic
14    monitoring device as defined in Section 5-8A-2 for the
15    duration of the person's parole, mandatory supervised
16    release term, or extended mandatory supervised release
17    term and if convicted for an offense of criminal sexual
18    assault, aggravated criminal sexual assault, predatory
19    criminal sexual assault of a child, criminal sexual abuse,
20    aggravated criminal sexual abuse, or ritualized abuse of a
21    child committed on or after August 11, 2009 (the effective
22    date of Public Act 96-236) when the victim was under 18
23    years of age at the time of the commission of the offense
24    and the defendant used force or the threat of force in the
25    commission of the offense wear an approved electronic
26    monitoring device as defined in Section 5-8A-2 that has

 

 

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1    Global Positioning System (GPS) capability for the
2    duration of the person's parole, mandatory supervised
3    release term, or extended mandatory supervised release
4    term;
5        (7.8) if convicted for an offense committed on or after
6    June 1, 2008 (the effective date of Public Act 95-464) that
7    would qualify the accused as a child sex offender as
8    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
9    1961 or the Criminal Code of 2012, refrain from
10    communicating with or contacting, by means of the Internet,
11    a person who is not related to the accused and whom the
12    accused reasonably believes to be under 18 years of age;
13    for purposes of this paragraph (7.8), "Internet" has the
14    meaning ascribed to it in Section 16-0.1 of the Criminal
15    Code of 2012; and a person is not related to the accused if
16    the person is not: (i) the spouse, brother, or sister of
17    the accused; (ii) a descendant of the accused; (iii) a
18    first or second cousin of the accused; or (iv) a step-child
19    or adopted child of the accused;
20        (7.9) if convicted under Section 11-6, 11-20.1,
21    11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or
22    the Criminal Code of 2012, consent to search of computers,
23    PDAs, cellular phones, and other devices under his or her
24    control that are capable of accessing the Internet or
25    storing electronic files, in order to confirm Internet
26    protocol addresses reported in accordance with the Sex

 

 

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1    Offender Registration Act and compliance with conditions
2    in this Act;
3        (7.10) if convicted for an offense that would qualify
4    the accused as a sex offender or sexual predator under the
5    Sex Offender Registration Act on or after June 1, 2008 (the
6    effective date of Public Act 95-640), not possess
7    prescription drugs for erectile dysfunction;
8        (7.11) if convicted for an offense under Section 11-6,
9    11-9.1, 11-14.4 that involves soliciting for a juvenile
10    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
11    of the Criminal Code of 1961 or the Criminal Code of 2012,
12    or any attempt to commit any of these offenses, committed
13    on or after June 1, 2009 (the effective date of Public Act
14    95-983):
15            (i) not access or use a computer or any other
16        device with Internet capability without the prior
17        written approval of the Department;
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 supervising
21        agent, a law enforcement officer, or assigned computer
22        or information technology specialist, including the
23        retrieval and copying of all data from the computer or
24        device and any internal or external peripherals and
25        removal of such information, equipment, or device to
26        conduct a more thorough inspection;

 

 

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1            (iii) submit to the installation on the offender's
2        computer or device with Internet capability, at the
3        offender's expense, of one or more hardware or software
4        systems to monitor the Internet use; and
5            (iv) submit to any other appropriate restrictions
6        concerning the offender's use of or access to a
7        computer or any other device with Internet capability
8        imposed by the Board, the Department or the offender's
9        supervising agent;
10        (7.12) 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        (7.13) if convicted of a sex offense as defined in
16    Section 2 of the Sex Offender Registration Act committed on
17    or after January 1, 2010 (the effective date of Public Act
18    96-362) that requires the person to register as a sex
19    offender under that Act, may not knowingly use any computer
20    scrub software on any computer that the sex offender uses;
21        (8) obtain permission of an agent of the Department of
22    Corrections before leaving the State of Illinois;
23        (9) obtain permission of an agent of the Department of
24    Corrections before changing his or her residence or
25    employment;
26        (10) consent to a search of his or her person,

 

 

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1    property, or residence under his or her control;
2        (11) refrain from the use or possession of narcotics or
3    other controlled substances in any form, or both, or any
4    paraphernalia related to those substances and submit to a
5    urinalysis test as instructed by a parole agent of the
6    Department of Corrections;
7        (12) not frequent places where controlled substances
8    are illegally sold, used, distributed, or administered;
9        (13) not knowingly associate with other persons on
10    parole or mandatory supervised release without prior
11    written permission of his or her parole agent, except when
12    the association involves activities related to community
13    programs, worship services, volunteering, and engaging
14    families, and not associate with persons who are members of
15    an organized gang as that term is defined in the Illinois
16    Streetgang Terrorism Omnibus Prevention Act;
17        (14) provide true and accurate information, as it
18    relates to his or her adjustment in the community while on
19    parole or mandatory supervised release or to his or her
20    conduct while incarcerated, in response to inquiries by his
21    or her parole agent or of the Department of Corrections;
22        (15) follow any specific instructions provided by the
23    parole agent that are consistent with furthering
24    conditions set and approved by the Prisoner Review Board or
25    by law, exclusive of placement on electronic detention, to
26    achieve the goals and objectives of his or her parole or

 

 

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1    mandatory supervised release or to protect the public.
2    These instructions by the parole agent may be modified at
3    any time, as the agent deems appropriate;
4        (16) if convicted of a sex offense as defined in
5    subsection (a-5) of Section 3-1-2 of this Code, unless the
6    offender is a parent or guardian of the person under 18
7    years of age present in the home and no non-familial minors
8    are present, not participate in a holiday event involving
9    children under 18 years of age, such as distributing candy
10    or other items to children on Halloween, wearing a Santa
11    Claus costume on or preceding Christmas, being employed as
12    a department store Santa Claus, or wearing an Easter Bunny
13    costume on or preceding Easter;
14        (17) if convicted of a violation of an order of
15    protection under Section 12-3.4 or Section 12-30 of the
16    Criminal Code of 1961 or the Criminal Code of 2012, be
17    placed under electronic surveillance as provided in
18    Section 5-8A-7 of this Code;
19        (18) comply with the terms and conditions of an order
20    of protection issued pursuant to the Illinois Domestic
21    Violence Act of 1986; an order of protection issued by the
22    court of another state, tribe, or United States territory;
23    a no contact order issued pursuant to the Civil No Contact
24    Order Act; or a no contact order issued pursuant to the
25    Stalking No Contact Order Act; and
26        (19) if convicted of a violation of the Methamphetamine

 

 

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1    Control and Community Protection Act, the Methamphetamine
2    Precursor Control Act, or a methamphetamine related
3    offense, be:
4            (A) prohibited from purchasing, possessing, or
5        having under his or her control any product containing
6        pseudoephedrine unless prescribed by a physician; and
7            (B) prohibited from purchasing, possessing, or
8        having under his or her control any product containing
9        ammonium nitrate; and .
10            (20) if convicted of hate crime under Section
11        12-7.1 of the Criminal Code of 2012, perform public or
12        community service of no less than 200 hours and enroll
13        in an educational program discouraging hate crimes
14        involving the protected class identified in subsection
15        (a) of Section 12-7.1 of the Criminal Code of 2012 that
16        gave rise to the offense the offender committed ordered
17        by the court.
18    (b) The Board may in addition to other conditions require
19that the subject:
20        (1) work or pursue a course of study or vocational
21    training;
22        (2) undergo medical or psychiatric treatment, or
23    treatment for drug addiction or alcoholism;
24        (3) attend or reside in a facility established for the
25    instruction or residence of persons on probation or parole;
26        (4) support his or her dependents;

 

 

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1        (5) (blank);
2        (6) (blank);
3        (7) (blank);
4        (7.5) if convicted for an offense committed on or after
5    the effective date of this amendatory Act of the 95th
6    General Assembly that would qualify the accused as a child
7    sex offender as defined in Section 11-9.3 or 11-9.4 of the
8    Criminal Code of 1961 or the Criminal Code of 2012, refrain
9    from communicating with or contacting, by means of the
10    Internet, a person who is related to the accused and whom
11    the accused reasonably believes to be under 18 years of
12    age; for purposes of this paragraph (7.5), "Internet" has
13    the meaning ascribed to it in Section 16-0.1 of the
14    Criminal Code of 2012; and a person is related to the
15    accused if the person is: (i) the spouse, brother, or
16    sister of the accused; (ii) a descendant of the accused;
17    (iii) a first or second cousin of the accused; or (iv) a
18    step-child or adopted child of the accused;
19        (7.6) if convicted for an offense committed on or after
20    June 1, 2009 (the effective date of Public Act 95-983) that
21    would qualify as a sex offense as defined in the Sex
22    Offender Registration Act:
23            (i) not access or use a computer or any other
24        device with Internet capability without the prior
25        written approval of the Department;
26            (ii) submit to periodic unannounced examinations

 

 

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1        of the offender's computer or any other device with
2        Internet capability by the offender's supervising
3        agent, a law enforcement officer, or assigned computer
4        or information technology specialist, including the
5        retrieval and copying of all data from the computer or
6        device and any internal or external peripherals and
7        removal of such information, equipment, or device to
8        conduct a more thorough inspection;
9            (iii) submit to the installation on the offender's
10        computer or device with Internet capability, at the
11        offender's expense, of one or more hardware or software
12        systems to monitor the Internet use; and
13            (iv) submit to any other appropriate restrictions
14        concerning the offender's use of or access to a
15        computer or any other device with Internet capability
16        imposed by the Board, the Department or the offender's
17        supervising agent; and
18        (8) in addition, if a minor:
19            (i) reside with his or her parents or in a foster
20        home;
21            (ii) attend school;
22            (iii) attend a non-residential program for youth;
23        or
24            (iv) contribute to his or her own support at home
25        or in a foster home.
26    (b-1) In addition to the conditions set forth in

 

 

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1subsections (a) and (b), persons required to register as sex
2offenders pursuant to the Sex Offender Registration Act, upon
3release from the custody of the Illinois Department of
4Corrections, may be required by the Board to comply with the
5following specific conditions of release:
6        (1) reside only at a Department approved location;
7        (2) comply with all requirements of the Sex Offender
8    Registration Act;
9        (3) notify third parties of the risks that may be
10    occasioned by his or her criminal record;
11        (4) obtain the approval of an agent of the Department
12    of Corrections prior to accepting employment or pursuing a
13    course of study or vocational training and notify the
14    Department prior to any change in employment, study, or
15    training;
16        (5) not be employed or participate in any volunteer
17    activity that involves contact with children, except under
18    circumstances approved in advance and in writing by an
19    agent of the Department of Corrections;
20        (6) be electronically monitored for a minimum of 12
21    months from the date of release as determined by the Board;
22        (7) refrain from entering into a designated geographic
23    area except upon terms approved in advance by an agent of
24    the Department of Corrections. The terms may include
25    consideration of the purpose of the entry, the time of day,
26    and others accompanying the person;

 

 

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1        (8) refrain from having any contact, including written
2    or oral communications, directly or indirectly, personally
3    or by telephone, letter, or through a third party with
4    certain specified persons including, but not limited to,
5    the victim or the victim's family without the prior written
6    approval of an agent of the Department of Corrections;
7        (9) refrain from all contact, directly or indirectly,
8    personally, by telephone, letter, or through a third party,
9    with minor children without prior identification and
10    approval of an agent of the Department of Corrections;
11        (10) neither possess or have under his or her control
12    any material that is sexually oriented, sexually
13    stimulating, or that shows male or female sex organs or any
14    pictures depicting children under 18 years of age nude or
15    any written or audio material describing sexual
16    intercourse or that depicts or alludes to sexual activity,
17    including but not limited to visual, auditory, telephonic,
18    or electronic media, or any matter obtained through access
19    to any computer or material linked to computer access use;
20        (11) not patronize any business providing sexually
21    stimulating or sexually oriented entertainment nor utilize
22    "900" or adult telephone numbers;
23        (12) not reside near, visit, or be in or about parks,
24    schools, day care centers, swimming pools, beaches,
25    theaters, or any other places where minor children
26    congregate without advance approval of an agent of the

 

 

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1    Department of Corrections and immediately report any
2    incidental contact with minor children to the Department;
3        (13) not possess or have under his or her control
4    certain specified items of contraband related to the
5    incidence of sexually offending as determined by an agent
6    of the Department of Corrections;
7        (14) may be required to provide a written daily log of
8    activities if directed by an agent of the Department of
9    Corrections;
10        (15) comply with all other special conditions that the
11    Department may impose that restrict the person from
12    high-risk situations and limit access to potential
13    victims;
14        (16) take an annual polygraph exam;
15        (17) maintain a log of his or her travel; or
16        (18) obtain prior approval of his or her parole officer
17    before driving alone in a motor vehicle.
18    (c) The conditions under which the parole or mandatory
19supervised release is to be served shall be communicated to the
20person in writing prior to his or her release, and he or she
21shall sign the same before release. A signed copy of these
22conditions, including a copy of an order of protection where
23one had been issued by the criminal court, shall be retained by
24the person and another copy forwarded to the officer in charge
25of his or her supervision.
26    (d) After a hearing under Section 3-3-9, the Prisoner

 

 

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1Review Board may modify or enlarge the conditions of parole or
2mandatory supervised release.
3    (e) The Department shall inform all offenders committed to
4the Department of the optional services available to them upon
5release and shall assist inmates in availing themselves of such
6optional services upon their release on a voluntary basis.
7    (f) (Blank).
8(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17; 99-698,
9eff. 7-29-16; revised 9-1-16.)
 
10    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
11    Sec. 5-6-3. Conditions of Probation and of Conditional
12Discharge.
13    (a) The conditions of probation and of conditional
14discharge shall be that the person:
15        (1) not violate any criminal statute of any
16    jurisdiction;
17        (2) report to or appear in person before such person or
18    agency as directed by the court;
19        (3) refrain from possessing a firearm or other
20    dangerous weapon where the offense is a felony or, if a
21    misdemeanor, the offense involved the intentional or
22    knowing infliction of bodily harm or threat of bodily harm;
23        (4) not leave the State without the consent of the
24    court or, in circumstances in which the reason for the
25    absence is of such an emergency nature that prior consent

 

 

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1    by the court is not possible, without the prior
2    notification and approval of the person's probation
3    officer. Transfer of a person's probation or conditional
4    discharge supervision to another state is subject to
5    acceptance by the other state pursuant to the Interstate
6    Compact for Adult Offender Supervision;
7        (5) permit the probation officer to visit him at his
8    home or elsewhere to the extent necessary to discharge his
9    duties;
10        (6) perform no less than 30 hours of community service
11    and not more than 120 hours of community service, if
12    community service is available in the jurisdiction and is
13    funded and approved by the county board where the offense
14    was committed, where the offense was related to or in
15    furtherance of the criminal activities of an organized gang
16    and was motivated by the offender's membership in or
17    allegiance to an organized gang. The community service
18    shall include, but not be limited to, the cleanup and
19    repair of any damage caused by a violation of Section
20    21-1.3 of the Criminal Code of 1961 or the Criminal Code of
21    2012 and similar damage to property located within the
22    municipality or county in which the violation occurred.
23    When possible and reasonable, the community service should
24    be performed in the offender's neighborhood. For purposes
25    of this Section, "organized gang" has the meaning ascribed
26    to it in Section 10 of the Illinois Streetgang Terrorism

 

 

10000HB2390ham003- 21 -LRB100 07950 RLC 24104 a

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

 

 

10000HB2390ham003- 22 -LRB100 07950 RLC 24104 a

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

 

 

10000HB2390ham003- 23 -LRB100 07950 RLC 24104 a

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

 

 

10000HB2390ham003- 24 -LRB100 07950 RLC 24104 a

1    on or after June 1, 2009 (the effective date of Public Act
2    95-983):
3            (i) not access or use a computer or any other
4        device with Internet capability without the prior
5        written approval of the offender's probation officer,
6        except in connection with the offender's employment or
7        search for employment with the prior approval of the
8        offender's probation officer;
9            (ii) submit to periodic unannounced examinations
10        of the offender's computer or any other device with
11        Internet capability by the offender's probation
12        officer, a law enforcement officer, or assigned
13        computer or information technology specialist,
14        including the retrieval and copying of all data from
15        the computer or device and any internal or external
16        peripherals and removal of such information,
17        equipment, or device to conduct a more thorough
18        inspection;
19            (iii) submit to the installation on the offender's
20        computer or device with Internet capability, at the
21        offender's expense, of one or more hardware or software
22        systems to monitor the Internet use; and
23            (iv) submit to any other appropriate restrictions
24        concerning the offender's use of or access to a
25        computer or any other device with Internet capability
26        imposed by the offender's probation officer;

 

 

10000HB2390ham003- 25 -LRB100 07950 RLC 24104 a

1        (8.9) if convicted of a sex offense as defined in the
2    Sex Offender Registration Act committed on or after January
3    1, 2010 (the effective date of Public Act 96-262), refrain
4    from accessing or using a social networking website as
5    defined in Section 17-0.5 of the Criminal Code of 2012;
6        (9) if convicted of a felony or of any misdemeanor
7    violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
8    12-3.5 of the Criminal Code of 1961 or the Criminal Code of
9    2012 that was determined, pursuant to Section 112A-11.1 of
10    the Code of Criminal Procedure of 1963, to trigger the
11    prohibitions of 18 U.S.C. 922(g)(9), physically surrender
12    at a time and place designated by the court, his or her
13    Firearm Owner's Identification Card and any and all
14    firearms in his or her possession. The Court shall return
15    to the Department of State Police Firearm Owner's
16    Identification Card Office the person's Firearm Owner's
17    Identification Card;
18        (10) if convicted of a sex offense as defined in
19    subsection (a-5) of Section 3-1-2 of this Code, unless the
20    offender is a parent or guardian of the person under 18
21    years of age present in the home and no non-familial minors
22    are present, not participate in a holiday event involving
23    children under 18 years of age, such as distributing candy
24    or other items to children on Halloween, wearing a Santa
25    Claus costume on or preceding Christmas, being employed as
26    a department store Santa Claus, or wearing an Easter Bunny

 

 

10000HB2390ham003- 26 -LRB100 07950 RLC 24104 a

1    costume on or preceding Easter;
2        (11) if convicted of a sex offense as defined in
3    Section 2 of the Sex Offender Registration Act committed on
4    or after January 1, 2010 (the effective date of Public Act
5    96-362) that requires the person to register as a sex
6    offender under that Act, may not knowingly use any computer
7    scrub software on any computer that the sex offender uses;
8    and
9        (12) if convicted of a violation of the Methamphetamine
10    Control and Community Protection Act, the Methamphetamine
11    Precursor Control Act, or a methamphetamine related
12    offense:
13            (A) prohibited from purchasing, possessing, or
14        having under his or her control any product containing
15        pseudoephedrine unless prescribed by a physician; and
16            (B) prohibited from purchasing, possessing, or
17        having under his or her control any product containing
18        ammonium nitrate; and .
19        (13) if convicted of a hate crime involving the
20    protected class identified in subsection (a) of Section
21    12-7.1 of the Criminal Code of 2012 that gave rise to the
22    offense the offender committed, perform public or
23    community service of no less than 200 hours and enroll in
24    an educational program discouraging hate crimes that
25    includes racial, ethnic, and cultural sensitivity training
26    ordered by the court.

 

 

10000HB2390ham003- 27 -LRB100 07950 RLC 24104 a

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

 

 

10000HB2390ham003- 28 -LRB100 07950 RLC 24104 a

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

 

 

10000HB2390ham003- 29 -LRB100 07950 RLC 24104 a

1        of probation or conditional discharge, the court shall
2        impose a reasonable fee for each day of the use of the
3        device, as established by the county board in
4        subsection (g) of this Section, unless after
5        determining the inability of the offender to pay the
6        fee, the court assesses a lesser fee or no fee as the
7        case may be. This fee shall be imposed in addition to
8        the fees imposed under subsections (g) and (i) of this
9        Section. The fee shall be collected by the clerk of the
10        circuit court, except as provided in an administrative
11        order of the Chief Judge of the circuit court. The
12        clerk of the circuit court shall pay all monies
13        collected from this fee to the county treasurer for
14        deposit in the substance abuse services fund under
15        Section 5-1086.1 of the Counties Code, except as
16        provided in an administrative order of the Chief Judge
17        of the circuit court.
18            The Chief Judge of the circuit court of the county
19        may by administrative order establish a program for
20        electronic monitoring of offenders, in which a vendor
21        supplies and monitors the operation of the electronic
22        monitoring device, and collects the fees on behalf of
23        the county. The program shall include provisions for
24        indigent offenders and the collection of unpaid fees.
25        The program shall not unduly burden the offender and
26        shall be subject to review by the Chief Judge.

 

 

10000HB2390ham003- 30 -LRB100 07950 RLC 24104 a

1            The Chief Judge of the circuit court may suspend
2        any additional charges or fees for late payment,
3        interest, or damage to any device; 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, except as provided in an administrative
17        order of the Chief Judge of the circuit court. The
18        clerk of the circuit court shall pay all monies
19        collected from this fee to the county treasurer who
20        shall use the monies collected to defray the costs of
21        corrections. The county treasurer shall deposit the
22        fee collected in the probation and court services fund.
23        The Chief Judge of the circuit court of the county may
24        by administrative order establish a program for
25        electronic monitoring of offenders, in which a vendor
26        supplies and monitors the operation of the electronic

 

 

10000HB2390ham003- 31 -LRB100 07950 RLC 24104 a

1        monitoring device, and collects the fees on behalf of
2        the county. The program shall include provisions for
3        indigent offenders and the collection of unpaid fees.
4        The program shall not unduly burden the offender and
5        shall be subject to review by the Chief Judge.
6            The Chief Judge of the circuit court may suspend
7        any additional charges or fees for late payment,
8        interest, or damage to any device.
9        (11) comply with the terms and conditions of an order
10    of protection issued by the court pursuant to the Illinois
11    Domestic Violence Act of 1986, as now or hereafter amended,
12    or an order of protection issued by the court of another
13    state, tribe, or United States territory. A copy of the
14    order of protection shall be transmitted to the probation
15    officer or agency having responsibility for the case;
16        (12) reimburse any "local anti-crime program" as
17    defined in Section 7 of the Anti-Crime Advisory Council Act
18    for any reasonable expenses incurred by the program on the
19    offender's case, not to exceed the maximum amount of the
20    fine authorized for the offense for which the defendant was
21    sentenced;
22        (13) contribute a reasonable sum of money, not to
23    exceed the maximum amount of the fine authorized for the
24    offense for which the defendant was sentenced, (i) to a
25    "local anti-crime program", as defined in Section 7 of the
26    Anti-Crime Advisory Council Act, or (ii) for offenses under

 

 

10000HB2390ham003- 32 -LRB100 07950 RLC 24104 a

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

 

 

10000HB2390ham003- 33 -LRB100 07950 RLC 24104 a

1    would qualify the accused as a child sex offender as
2    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
3    1961 or the Criminal Code of 2012, refrain from
4    communicating with or contacting, by means of the Internet,
5    a person who is related to the accused and whom the accused
6    reasonably believes to be under 18 years of age; for
7    purposes of this paragraph (17), "Internet" has the meaning
8    ascribed to it in Section 16-0.1 of the Criminal Code of
9    2012; and a person is related to the accused if the person
10    is: (i) the spouse, brother, or sister of the accused; (ii)
11    a descendant of the accused; (iii) a first or second cousin
12    of the accused; or (iv) a step-child or adopted child of
13    the accused;
14        (18) if convicted for an offense committed on or after
15    June 1, 2009 (the effective date of Public Act 95-983) that
16    would qualify as a sex offense as defined in the Sex
17    Offender Registration Act:
18            (i) not access or use a computer or any other
19        device with Internet capability without the prior
20        written approval of the offender's probation officer,
21        except in connection with the offender's employment or
22        search for employment with the prior approval of the
23        offender's probation officer;
24            (ii) submit to periodic unannounced examinations
25        of the offender's computer or any other device with
26        Internet capability by the offender's probation

 

 

10000HB2390ham003- 34 -LRB100 07950 RLC 24104 a

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

 

 

10000HB2390ham003- 35 -LRB100 07950 RLC 24104 a

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

 

 

10000HB2390ham003- 36 -LRB100 07950 RLC 24104 a

1testing, or both, and all costs incidental to such approved
2electronic monitoring in accordance with the defendant's
3ability to pay those costs. The county board with the
4concurrence of the Chief Judge of the judicial circuit in which
5the county is located shall establish reasonable fees for the
6cost of maintenance, testing, and incidental expenses related
7to the mandatory drug or alcohol testing, or both, and all
8costs incidental to approved electronic monitoring, involved
9in a successful probation program for the county. The
10concurrence of the Chief Judge shall be in the form of an
11administrative order. The fees shall be collected by the clerk
12of the circuit court, except as provided in an administrative
13order of the Chief Judge of the circuit court. The clerk of the
14circuit court shall pay all moneys collected from these fees to
15the county treasurer who shall use the moneys collected to
16defray the costs of drug testing, alcohol testing, and
17electronic monitoring. The county treasurer shall deposit the
18fees collected in the county working cash fund under Section
196-27001 or Section 6-29002 of the Counties Code, as the case
20may be. The Chief Judge of the circuit court of the county may
21by administrative order establish a program for electronic
22monitoring of offenders, in which a vendor supplies and
23monitors the operation of the electronic monitoring device, and
24collects the fees on behalf of the county. The program shall
25include provisions for indigent offenders and the collection of
26unpaid fees. The program shall not unduly burden the offender

 

 

10000HB2390ham003- 37 -LRB100 07950 RLC 24104 a

1and shall be subject to review by the Chief Judge.
2    The Chief Judge of the circuit court may suspend any
3additional charges or fees for late payment, interest, or
4damage to any device.
5    (h) Jurisdiction over an offender may be transferred from
6the sentencing court to the court of another circuit with the
7concurrence of both courts. Further transfers or retransfers of
8jurisdiction are also authorized in the same manner. The court
9to which jurisdiction has been transferred shall have the same
10powers as the sentencing court. The probation department within
11the circuit to which jurisdiction has been transferred, or
12which has agreed to provide supervision, may impose probation
13fees upon receiving the transferred offender, as provided in
14subsection (i). For all transfer cases, as defined in Section
159b of the Probation and Probation Officers Act, the probation
16department from the original sentencing court shall retain all
17probation fees collected prior to the transfer. After the
18transfer all probation fees shall be paid to the probation
19department within the circuit to which jurisdiction has been
20transferred.
21    (i) The court shall impose upon an offender sentenced to
22probation after January 1, 1989 or to conditional discharge
23after January 1, 1992 or to community service under the
24supervision of a probation or court services department after
25January 1, 2004, as a condition of such probation or
26conditional discharge or supervised community service, a fee of

 

 

10000HB2390ham003- 38 -LRB100 07950 RLC 24104 a

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

 

 

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1offender may elect to pay probation fees due in a lump sum. Any
2offender that has been assigned to the supervision of a
3probation department, or has been transferred either under
4subsection (h) of this Section or under any interstate compact,
5shall be required to pay probation fees to the department
6supervising the offender, based on the offender's ability to
7pay.
8    This amendatory Act of the 93rd General Assembly deletes
9the $10 increase in the fee under this subsection that was
10imposed by Public Act 93-616. This deletion is intended to
11control over any other Act of the 93rd General Assembly that
12retains or incorporates that fee increase.
13    (i-5) In addition to the fees imposed under subsection (i)
14of this Section, in the case of an offender convicted of a
15felony sex offense (as defined in the Sex Offender Management
16Board Act) or an offense that the court or probation department
17has determined to be sexually motivated (as defined in the Sex
18Offender Management Board Act), the court or the probation
19department shall assess additional fees to pay for all costs of
20treatment, assessment, evaluation for risk and treatment, and
21monitoring the offender, based on that offender's ability to
22pay those costs either as they occur or under a payment plan.
23    (j) All fines and costs imposed under this Section for any
24violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
25Code, or a similar provision of a local ordinance, and any
26violation of the Child Passenger Protection Act, or a similar

 

 

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