Full Text of HB2398 100th General Assembly
HB2398 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB2398 Introduced , by Rep. Melissa Conyears-Ervin SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/5-6-3 | from Ch. 38, par. 1005-6-3 |
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Amends the Unified Code of Corrections. Provides that the court may, as a condition of probation or conditional discharge, require the person, if convicted of an offense that is not a crime of violence or if convicted of a probationable violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, to attend an employment workshop or job training program.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Section 5-6-3 as follows: | 6 | | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) | 7 | | Sec. 5-6-3. Conditions of Probation and of Conditional | 8 | | Discharge.
| 9 | | (a) The conditions of probation and of conditional | 10 | | discharge shall be
that the person:
| 11 | | (1) not violate any criminal statute of any | 12 | | jurisdiction;
| 13 | | (2) report to or appear in person before such person or | 14 | | agency as
directed by the court;
| 15 | | (3) refrain from possessing a firearm or other | 16 | | dangerous weapon where the offense is a felony or, if a | 17 | | misdemeanor, the offense involved the intentional or | 18 | | knowing infliction of bodily harm or threat of bodily harm;
| 19 | | (4) not leave the State without the consent of the | 20 | | court or, in
circumstances in which the reason for the | 21 | | absence is of such an emergency
nature that prior consent | 22 | | by the court is not possible, without the prior
| 23 | | notification and approval of the person's probation
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| 1 | | officer. Transfer of a person's probation or conditional | 2 | | discharge
supervision to another state is subject to | 3 | | acceptance by the other state
pursuant to the Interstate | 4 | | Compact for Adult Offender Supervision;
| 5 | | (5) permit the probation officer to visit
him at his | 6 | | home or elsewhere
to the extent necessary to discharge his | 7 | | duties;
| 8 | | (6) perform no less than 30 hours of community service | 9 | | and not more than
120 hours of community service, if | 10 | | community service is available in the
jurisdiction and is | 11 | | funded and approved by the county board where the offense
| 12 | | was committed, where the offense was related to or in | 13 | | furtherance of the
criminal activities of an organized gang | 14 | | and was motivated by the offender's
membership in or | 15 | | allegiance to an organized gang. The community service | 16 | | shall
include, but not be limited to, the cleanup and | 17 | | repair of any damage caused by
a violation of Section | 18 | | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | 19 | | 2012 and similar damage
to property located within the | 20 | | municipality or county in which the violation
occurred. | 21 | | When possible and reasonable, the community service should | 22 | | be
performed in the offender's neighborhood. For purposes | 23 | | of this Section,
"organized gang" has the meaning ascribed | 24 | | to it in Section 10 of the Illinois
Streetgang Terrorism | 25 | | Omnibus Prevention Act;
| 26 | | (7) if he or she is at least 17 years of age and has |
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| 1 | | been sentenced to
probation or conditional discharge for a | 2 | | misdemeanor or felony in a county of
3,000,000 or more | 3 | | inhabitants and has not been previously convicted of a
| 4 | | misdemeanor or felony, may be required by the sentencing | 5 | | court to attend
educational courses designed to prepare the | 6 | | defendant for a high school diploma
and to work toward a | 7 | | high school diploma or to work toward passing high school | 8 | | equivalency testing or to work toward
completing a | 9 | | vocational training program approved by the court. The | 10 | | person on
probation or conditional discharge must attend a | 11 | | public institution of
education to obtain the educational | 12 | | or vocational training required by this
clause (7). The | 13 | | court shall revoke the probation or conditional discharge | 14 | | of a
person who wilfully fails to comply with this clause | 15 | | (7). The person on
probation or conditional discharge shall | 16 | | be required to pay for the cost of the
educational courses | 17 | | or high school equivalency testing if a fee is charged for | 18 | | those courses or testing. The court shall resentence the | 19 | | offender whose probation or conditional
discharge has been | 20 | | revoked as provided in Section 5-6-4. This clause (7) does
| 21 | | not apply to a person who has a high school diploma or has | 22 | | successfully passed high school equivalency testing. This | 23 | | clause (7) does not apply to a person who is determined by
| 24 | | the court to be a person with a developmental disability or | 25 | | otherwise mentally incapable of
completing the educational | 26 | | or vocational program;
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| 1 | | (8) if convicted of possession of a substance | 2 | | prohibited
by the Cannabis Control Act, the Illinois | 3 | | Controlled Substances Act, or the Methamphetamine Control | 4 | | and Community Protection Act
after a previous conviction or | 5 | | disposition of supervision for possession of a
substance | 6 | | prohibited by the Cannabis Control Act or Illinois | 7 | | Controlled
Substances Act or after a sentence of probation | 8 | | under Section 10 of the
Cannabis
Control Act, Section 410 | 9 | | of the Illinois Controlled Substances Act, or Section 70 of | 10 | | the Methamphetamine Control and Community Protection Act | 11 | | and upon a
finding by the court that the person is | 12 | | addicted, undergo treatment at a
substance abuse program | 13 | | approved by the court;
| 14 | | (8.5) if convicted of a felony sex offense as defined | 15 | | in the Sex
Offender
Management Board Act, the person shall | 16 | | undergo and successfully complete sex
offender treatment | 17 | | by a treatment provider approved by the Board and conducted
| 18 | | in conformance with the standards developed under the Sex
| 19 | | Offender Management Board Act;
| 20 | | (8.6) if convicted of a sex offense as defined in the | 21 | | Sex Offender Management Board Act, refrain from residing at | 22 | | the same address or in the same condominium unit or | 23 | | apartment unit or in the same condominium complex or | 24 | | apartment complex with another person he or she knows or | 25 | | reasonably should know is a convicted sex offender or has | 26 | | been placed on supervision for a sex offense; the |
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| 1 | | provisions of this paragraph do not apply to a person | 2 | | convicted of a sex offense who is placed in a Department of | 3 | | Corrections licensed transitional housing facility for sex | 4 | | offenders; | 5 | | (8.7) if convicted for an offense committed on or after | 6 | | June 1, 2008 (the effective date of Public Act 95-464) that | 7 | | would qualify the accused as a child sex offender as | 8 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 9 | | 1961 or the Criminal Code of 2012, refrain from | 10 | | communicating with or contacting, by means of the Internet, | 11 | | a person who is not related to the accused and whom the | 12 | | accused reasonably believes to be under 18 years of age; | 13 | | for purposes of this paragraph (8.7), "Internet" has the | 14 | | meaning ascribed to it in Section 16-0.1 of the Criminal | 15 | | Code of 2012; and a person is not related to the accused if | 16 | | the person is not: (i) the spouse, brother, or sister of | 17 | | the accused; (ii) a descendant of the accused; (iii) a | 18 | | first or second cousin of the accused; or (iv) a step-child | 19 | | or adopted child of the accused; | 20 | | (8.8) if convicted for an offense under Section 11-6, | 21 | | 11-9.1, 11-14.4 that involves soliciting for a juvenile | 22 | | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | 23 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 24 | | or any attempt to commit any of these offenses, committed | 25 | | on or after June 1, 2009 (the effective date of Public Act | 26 | | 95-983): |
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| 1 | | (i) not access or use a computer or any other | 2 | | device with Internet capability without the prior | 3 | | written approval of the offender's probation officer, | 4 | | except in connection with the offender's employment or | 5 | | search for employment with the prior approval of the | 6 | | offender's probation officer; | 7 | | (ii) submit to periodic unannounced examinations | 8 | | of the offender's computer or any other device with | 9 | | Internet capability by the offender's probation | 10 | | officer, a law enforcement officer, or assigned | 11 | | computer or information technology specialist, | 12 | | including the retrieval and copying of all data from | 13 | | the computer or device and any internal or external | 14 | | peripherals and removal of such information, | 15 | | equipment, or device to conduct a more thorough | 16 | | inspection; | 17 | | (iii) submit to the installation on the offender's | 18 | | computer or device with Internet capability, at the | 19 | | offender's expense, of one or more hardware or software | 20 | | systems to monitor the Internet use; and | 21 | | (iv) submit to any other appropriate restrictions | 22 | | concerning the offender's use of or access to a | 23 | | computer or any other device with Internet capability | 24 | | imposed by the offender's probation officer; | 25 | | (8.9) if convicted of a sex offense as defined in the | 26 | | Sex Offender
Registration Act committed on or after January |
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| 1 | | 1, 2010 (the effective date of Public Act 96-262), refrain | 2 | | from accessing or using a social networking website as | 3 | | defined in Section 17-0.5 of the Criminal Code of 2012;
| 4 | | (9) if convicted of a felony or of any misdemeanor | 5 | | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | 6 | | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of | 7 | | 2012 that was determined, pursuant to Section 112A-11.1 of | 8 | | the Code of Criminal Procedure of 1963, to trigger the | 9 | | prohibitions of 18 U.S.C. 922(g)(9), physically surrender | 10 | | at a time and place
designated by the court, his or her | 11 | | Firearm
Owner's Identification Card and
any and all | 12 | | firearms in
his or her possession. The Court shall return | 13 | | to the Department of State Police Firearm Owner's | 14 | | Identification Card Office the person's Firearm Owner's | 15 | | Identification Card;
| 16 | | (10) if convicted of a sex offense as defined in | 17 | | subsection (a-5) of Section 3-1-2 of this Code, unless the | 18 | | offender is a parent or guardian of the person under 18 | 19 | | years of age present in the home and no non-familial minors | 20 | | are present, not participate in a holiday event involving | 21 | | children under 18 years of age, such as distributing candy | 22 | | or other items to children on Halloween, wearing a Santa | 23 | | Claus costume on or preceding Christmas, being employed as | 24 | | a department store Santa Claus, or wearing an Easter Bunny | 25 | | costume on or preceding Easter; | 26 | | (11) if convicted of a sex offense as defined in |
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| 1 | | Section 2 of the Sex Offender Registration Act committed on | 2 | | or after January 1, 2010 (the effective date of Public Act | 3 | | 96-362) that requires the person to register as a sex | 4 | | offender under that Act, may not knowingly use any computer | 5 | | scrub software on any computer that the sex offender uses; | 6 | | and | 7 | | (12) if convicted of a violation of the Methamphetamine | 8 | | Control and Community Protection Act, the Methamphetamine
| 9 | | Precursor Control Act, or a methamphetamine related | 10 | | offense: | 11 | | (A) prohibited from purchasing, possessing, or | 12 | | having under his or her control any product containing | 13 | | pseudoephedrine unless prescribed by a physician; and | 14 | | (B) prohibited from purchasing, possessing, or | 15 | | having under his or her control any product containing | 16 | | ammonium nitrate. | 17 | | (b) The Court may in addition to other reasonable | 18 | | conditions relating to the
nature of the offense or the | 19 | | rehabilitation of the defendant as determined for
each | 20 | | defendant in the proper discretion of the Court require that | 21 | | the person:
| 22 | | (1) serve a term of periodic imprisonment under Article | 23 | | 7 for a
period not to exceed that specified in paragraph | 24 | | (d) of Section 5-7-1;
| 25 | | (2) pay a fine and costs;
| 26 | | (3) work or pursue a course of study or vocational |
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| 1 | | training;
| 2 | | (4) undergo medical, psychological or psychiatric | 3 | | treatment; or treatment
for drug addiction or alcoholism;
| 4 | | (5) attend or reside in a facility established for the | 5 | | instruction
or residence of defendants on probation;
| 6 | | (6) support his dependents;
| 7 | | (7) and in addition, if a minor:
| 8 | | (i) reside with his parents or in a foster home;
| 9 | | (ii) attend school;
| 10 | | (iii) attend a non-residential program for youth;
| 11 | | (iv) contribute to his own support at home or in a | 12 | | foster home;
| 13 | | (v) with the consent of the superintendent of the
| 14 | | facility, attend an educational program at a facility | 15 | | other than the school
in which the
offense was | 16 | | committed if he
or she is convicted of a crime of | 17 | | violence as
defined in
Section 2 of the Crime Victims | 18 | | Compensation Act committed in a school, on the
real
| 19 | | property
comprising a school, or within 1,000 feet of | 20 | | the real property comprising a
school;
| 21 | | (8) make restitution as provided in Section 5-5-6 of | 22 | | this Code;
| 23 | | (9) perform some reasonable public or community | 24 | | service;
| 25 | | (10) serve a term of home confinement. In addition to | 26 | | any other
applicable condition of probation or conditional |
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| 1 | | discharge, the
conditions of home confinement shall be that | 2 | | the offender:
| 3 | | (i) remain within the interior premises of the | 4 | | place designated for
his confinement during the hours | 5 | | designated by the court;
| 6 | | (ii) admit any person or agent designated by the | 7 | | court into the
offender's place of confinement at any | 8 | | time for purposes of verifying
the offender's | 9 | | compliance with the conditions of his confinement; and
| 10 | | (iii) if further deemed necessary by the court or | 11 | | the
Probation or
Court Services Department, be placed | 12 | | on an approved
electronic monitoring device, subject | 13 | | to Article 8A of Chapter V;
| 14 | | (iv) for persons convicted of any alcohol, | 15 | | cannabis or controlled
substance violation who are | 16 | | placed on an approved monitoring device as a
condition | 17 | | of probation or conditional discharge, the court shall | 18 | | impose a
reasonable fee for each day of the use of the | 19 | | device, as established by the
county board in | 20 | | subsection (g) of this Section, unless after | 21 | | determining the
inability of the offender to pay the | 22 | | fee, the court assesses a lesser fee or no
fee as the | 23 | | case may be. This fee shall be imposed in addition to | 24 | | the fees
imposed under subsections (g) and (i) of this | 25 | | Section. The fee shall be
collected by the clerk of the | 26 | | circuit court, except as provided in an administrative |
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| 1 | | order of the Chief Judge of the circuit court. The | 2 | | clerk of the circuit
court shall pay all monies | 3 | | collected from this fee to the county treasurer
for | 4 | | deposit in the substance abuse services fund under | 5 | | Section 5-1086.1 of
the Counties Code, except as | 6 | | provided in an administrative order of the Chief Judge | 7 | | of the circuit court. | 8 | | The Chief Judge of the circuit court of the county | 9 | | may by administrative order establish a program for | 10 | | electronic monitoring of offenders, in which a vendor | 11 | | supplies and monitors the operation of the electronic | 12 | | monitoring device, and collects the fees on behalf of | 13 | | the county. The program shall include provisions for | 14 | | indigent offenders and the collection of unpaid fees. | 15 | | The program shall not unduly burden the offender and | 16 | | shall be subject to review by the Chief Judge. | 17 | | The Chief Judge of the circuit court may suspend | 18 | | any additional charges or fees for late payment, | 19 | | interest, or damage to any device; and
| 20 | | (v) for persons convicted of offenses other than | 21 | | those referenced in
clause (iv) above and who are | 22 | | placed on an approved monitoring device as a
condition | 23 | | of probation or conditional discharge, the court shall | 24 | | impose
a reasonable fee for each day of the use of the | 25 | | device, as established by the
county board in | 26 | | subsection (g) of this Section, unless after |
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| 1 | | determining the
inability of the defendant to pay the | 2 | | fee, the court assesses a lesser fee or
no fee as the | 3 | | case may be. This fee shall be imposed in addition to | 4 | | the fees
imposed under subsections (g) and (i) of this | 5 | | Section. The fee
shall be collected by the clerk of the | 6 | | circuit court, except as provided in an administrative | 7 | | order of the Chief Judge of the circuit court. The | 8 | | clerk of the circuit
court shall pay all monies | 9 | | collected from this fee
to the county treasurer who | 10 | | shall use the monies collected to defray the
costs of | 11 | | corrections. The county treasurer shall deposit the | 12 | | fee
collected in the probation and court services fund.
| 13 | | The Chief Judge of the circuit court of the county may | 14 | | by administrative order establish a program for | 15 | | electronic monitoring of offenders, in which a vendor | 16 | | supplies and monitors the operation of the electronic | 17 | | monitoring device, and collects the fees on behalf of | 18 | | the county. The program shall include provisions for | 19 | | indigent offenders and the collection of unpaid fees. | 20 | | The program shall not unduly burden the offender and | 21 | | shall be subject to review by the Chief Judge.
| 22 | | The Chief Judge of the circuit court may suspend | 23 | | any additional charges or fees for late payment, | 24 | | interest, or damage to any device. | 25 | | (11) comply with the terms and conditions of an order | 26 | | of protection issued
by the court pursuant to the Illinois |
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| 1 | | Domestic Violence Act of 1986,
as now or hereafter amended, | 2 | | or an order of protection issued by the court of
another | 3 | | state, tribe, or United States territory. A copy of the | 4 | | order of
protection shall be
transmitted to the probation | 5 | | officer or agency
having responsibility for the case;
| 6 | | (12) reimburse any "local anti-crime program" as | 7 | | defined in Section 7
of the Anti-Crime Advisory Council Act | 8 | | for any reasonable expenses incurred
by the program on the | 9 | | offender's case, not to exceed the maximum amount of
the | 10 | | fine authorized for the offense for which the defendant was | 11 | | sentenced;
| 12 | | (13) contribute a reasonable sum of money, not to | 13 | | exceed the maximum
amount of the fine authorized for the
| 14 | | offense for which the defendant was sentenced, (i) to a | 15 | | "local anti-crime
program", as defined in Section 7 of the | 16 | | Anti-Crime Advisory Council Act, or (ii) for offenses under | 17 | | the jurisdiction of the Department of Natural Resources, to | 18 | | the fund established by the Department of Natural Resources | 19 | | for the purchase of evidence for investigation purposes and | 20 | | to conduct investigations as outlined in Section 805-105 of | 21 | | the Department of Natural Resources (Conservation) Law;
| 22 | | (14) refrain from entering into a designated | 23 | | geographic area except upon
such terms as the court finds | 24 | | appropriate. Such terms may include
consideration of the | 25 | | purpose of the entry, the time of day, other persons
| 26 | | accompanying the defendant, and advance approval by a
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| 1 | | probation officer, if
the defendant has been placed on | 2 | | probation or advance approval by the
court, if the | 3 | | defendant was placed on conditional discharge;
| 4 | | (15) refrain from having any contact, directly or | 5 | | indirectly, with
certain specified persons or particular | 6 | | types of persons, including but not
limited to members of | 7 | | street gangs and drug users or dealers;
| 8 | | (16) refrain from having in his or her body the | 9 | | presence of any illicit
drug prohibited by the Cannabis | 10 | | Control Act, the Illinois Controlled
Substances Act, or the | 11 | | Methamphetamine Control and Community Protection Act, | 12 | | unless prescribed by a physician, and submit samples of
his | 13 | | or her blood or urine or both for tests to determine the | 14 | | presence of any
illicit drug;
| 15 | | (17) if convicted for an offense committed on or after | 16 | | June 1, 2008 (the effective date of Public Act 95-464) that | 17 | | would qualify the accused as a child sex offender as | 18 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 19 | | 1961 or the Criminal Code of 2012, refrain from | 20 | | communicating with or contacting, by means of the Internet, | 21 | | a person who is related to the accused and whom the accused | 22 | | reasonably believes to be under 18 years of age; for | 23 | | purposes of this paragraph (17), "Internet" has the meaning | 24 | | ascribed to it in Section 16-0.1 of the Criminal Code of | 25 | | 2012; and a person is related to the accused if the person | 26 | | is: (i) the spouse, brother, or sister of the accused; (ii) |
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| 1 | | a descendant of the accused; (iii) a first or second cousin | 2 | | of the accused; or (iv) a step-child or adopted child of | 3 | | the accused; | 4 | | (18) if convicted for an offense committed on or after | 5 | | June 1, 2009 (the effective date of Public Act 95-983) that | 6 | | would qualify as a sex offense as defined in the Sex | 7 | | Offender Registration Act: | 8 | | (i) not access or use a computer or any other | 9 | | device with Internet capability without the prior | 10 | | written approval of the offender's probation officer, | 11 | | except in connection with the offender's employment or | 12 | | search for employment with the prior approval of the | 13 | | offender's probation officer; | 14 | | (ii) submit to periodic unannounced examinations | 15 | | of the offender's computer or any other device with | 16 | | Internet capability by the offender's probation | 17 | | officer, a law enforcement officer, or assigned | 18 | | computer or information technology specialist, | 19 | | including the retrieval and copying of all data from | 20 | | the computer or device and any internal or external | 21 | | peripherals and removal of such information, | 22 | | equipment, or device to conduct a more thorough | 23 | | inspection; | 24 | | (iii) submit to the installation on the offender's | 25 | | computer or device with Internet capability, at the | 26 | | subject's expense, of one or more hardware or software |
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| 1 | | systems to monitor the Internet use; and | 2 | | (iv) submit to any other appropriate restrictions | 3 | | concerning the offender's use of or access to a | 4 | | computer or any other device with Internet capability | 5 | | imposed by the offender's probation officer; and | 6 | | (19) refrain from possessing a firearm or other | 7 | | dangerous weapon where the offense is a misdemeanor that | 8 | | did not involve the intentional or knowing infliction of | 9 | | bodily harm or threat of bodily harm ; and | 10 | | (20) if convicted of an offense that is not a crime of | 11 | | violence or if convicted of a probationable violation of | 12 | | the Cannabis Control Act, the Illinois Controlled | 13 | | Substances Act, or the Methamphetamine Control and | 14 | | Community Protection Act, attend an employment workshop or | 15 | | job training program. For the purposes of this paragraph | 16 | | (20), "crime of violence" has the meaning ascribed to that | 17 | | term in Section 2 of the Crime Victims Compensation Act . | 18 | | (c) The court may as a condition of probation or of | 19 | | conditional
discharge require that a person under 18 years of | 20 | | age found guilty of any
alcohol, cannabis or controlled | 21 | | substance violation, refrain from acquiring
a driver's license | 22 | | during
the period of probation or conditional discharge. If | 23 | | such person
is in possession of a permit or license, the court | 24 | | may require that
the minor refrain from driving or operating | 25 | | any motor vehicle during the
period of probation or conditional | 26 | | discharge, except as may be necessary in
the course of the |
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| 1 | | minor's lawful employment.
| 2 | | (d) An offender sentenced to probation or to conditional | 3 | | discharge
shall be given a certificate setting forth the | 4 | | conditions thereof.
| 5 | | (e) Except where the offender has committed a fourth or | 6 | | subsequent
violation of subsection (c) of Section 6-303 of the | 7 | | Illinois Vehicle Code,
the court shall not require as a | 8 | | condition of the sentence of
probation or conditional discharge | 9 | | that the offender be committed to a
period of imprisonment in | 10 | | excess of 6 months.
This 6 month limit shall not include | 11 | | periods of confinement given pursuant to
a sentence of county | 12 | | impact incarceration under Section 5-8-1.2.
| 13 | | Persons committed to imprisonment as a condition of | 14 | | probation or
conditional discharge shall not be committed to | 15 | | the Department of
Corrections.
| 16 | | (f) The court may combine a sentence of periodic | 17 | | imprisonment under
Article 7 or a sentence to a county impact | 18 | | incarceration program under
Article 8 with a sentence of | 19 | | probation or conditional discharge.
| 20 | | (g) An offender sentenced to probation or to conditional | 21 | | discharge and
who during the term of either undergoes mandatory | 22 | | drug or alcohol testing,
or both, or is assigned to be placed | 23 | | on an approved electronic monitoring
device, shall be ordered | 24 | | to pay all costs incidental to such mandatory drug
or alcohol | 25 | | testing, or both, and all costs
incidental to such approved | 26 | | electronic monitoring in accordance with the
defendant's |
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| 1 | | ability to pay those costs. The county board with
the | 2 | | concurrence of the Chief Judge of the judicial
circuit in which | 3 | | the county is located shall establish reasonable fees for
the | 4 | | cost of maintenance, testing, and incidental expenses related | 5 | | to the
mandatory drug or alcohol testing, or both, and all | 6 | | costs incidental to
approved electronic monitoring, involved | 7 | | in a successful probation program
for the county. The | 8 | | concurrence of the Chief Judge shall be in the form of
an | 9 | | administrative order.
The fees shall be collected by the clerk | 10 | | of the circuit court, except as provided in an administrative | 11 | | order of the Chief Judge of the circuit court. The clerk of
the | 12 | | circuit court shall pay all moneys collected from these fees to | 13 | | the county
treasurer who shall use the moneys collected to | 14 | | defray the costs of
drug testing, alcohol testing, and | 15 | | electronic monitoring.
The county treasurer shall deposit the | 16 | | fees collected in the
county working cash fund under Section | 17 | | 6-27001 or Section 6-29002 of the
Counties Code, as the case | 18 | | may be.
The Chief Judge of the circuit court of the county may | 19 | | by administrative order establish a program for electronic | 20 | | monitoring of offenders, in which a vendor supplies and | 21 | | monitors the operation of the electronic monitoring device, and | 22 | | collects the fees on behalf of the county. The program shall | 23 | | include provisions for indigent offenders and the collection of | 24 | | unpaid fees. The program shall not unduly burden the offender | 25 | | and shall be subject to review by the Chief Judge.
| 26 | | The Chief Judge of the circuit court may suspend any |
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| 1 | | additional charges or fees for late payment, interest, or | 2 | | damage to any device. | 3 | | (h) Jurisdiction over an offender may be transferred from | 4 | | the
sentencing court to the court of another circuit with the | 5 | | concurrence of
both courts. Further transfers or retransfers of
| 6 | | jurisdiction are also
authorized in the same manner. The court | 7 | | to which jurisdiction has been
transferred shall have the same | 8 | | powers as the sentencing court.
The probation department within | 9 | | the circuit to which jurisdiction has been transferred, or | 10 | | which has agreed to provide supervision, may impose probation | 11 | | fees upon receiving the transferred offender, as provided in | 12 | | subsection (i). For all transfer cases, as defined in Section | 13 | | 9b of the Probation and Probation Officers Act, the probation | 14 | | department from the original sentencing court shall retain all | 15 | | probation fees collected prior to the transfer. After the | 16 | | transfer
all probation fees shall be paid to the probation | 17 | | department within the
circuit to which jurisdiction has been | 18 | | transferred.
| 19 | | (i) The court shall impose upon an offender
sentenced to | 20 | | probation after January 1, 1989 or to conditional discharge
| 21 | | after January 1, 1992 or to community service under the | 22 | | supervision of a
probation or court services department after | 23 | | January 1, 2004, as a condition of such probation or | 24 | | conditional
discharge or supervised community service, a fee of | 25 | | $50
for each month of probation or
conditional
discharge | 26 | | supervision or supervised community service ordered by the |
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| 1 | | court, unless after
determining the inability of the person | 2 | | sentenced to probation or conditional
discharge or supervised | 3 | | community service to pay the
fee, the court assesses a lesser | 4 | | fee. The court may not impose the fee on a
minor who is made a | 5 | | ward of the State under the Juvenile Court Act of 1987
while | 6 | | the minor is in placement.
The fee shall be imposed only upon
| 7 | | an offender who is actively supervised by the
probation and | 8 | | court services
department. The fee shall be collected by the | 9 | | clerk
of the circuit court. The clerk of the circuit court | 10 | | shall pay all monies
collected from this fee to the county | 11 | | treasurer for deposit in the
probation and court services fund | 12 | | under Section 15.1 of the
Probation and Probation Officers Act.
| 13 | | A circuit court may not impose a probation fee under this | 14 | | subsection (i) in excess of $25
per month unless the circuit | 15 | | court has adopted, by administrative
order issued by the chief | 16 | | judge, a standard probation fee guide
determining an offender's | 17 | | ability to pay Of the
amount collected as a probation fee, up | 18 | | to $5 of that fee
collected per month may be used to provide | 19 | | services to crime victims
and their families. | 20 | | The Court may only waive probation fees based on an | 21 | | offender's ability to pay. The probation department may | 22 | | re-evaluate an offender's ability to pay every 6 months, and, | 23 | | with the approval of the Director of Court Services or the | 24 | | Chief Probation Officer, adjust the monthly fee amount. An | 25 | | offender may elect to pay probation fees due in a lump sum.
Any | 26 | | offender that has been assigned to the supervision of a |
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| 1 | | probation department, or has been transferred either under | 2 | | subsection (h) of this Section or under any interstate compact, | 3 | | shall be required to pay probation fees to the department | 4 | | supervising the offender, based on the offender's ability to | 5 | | pay.
| 6 | | This amendatory Act of the 93rd General Assembly deletes | 7 | | the $10 increase in the fee under this subsection that was | 8 | | imposed by Public Act 93-616. This deletion is intended to | 9 | | control over any other Act of the 93rd General Assembly that | 10 | | retains or incorporates that fee increase. | 11 | | (i-5) In addition to the fees imposed under subsection (i) | 12 | | of this Section, in the case of an offender convicted of a | 13 | | felony sex offense (as defined in the Sex Offender Management | 14 | | Board Act) or an offense that the court or probation department | 15 | | has determined to be sexually motivated (as defined in the Sex | 16 | | Offender Management Board Act), the court or the probation | 17 | | department shall assess additional fees to pay for all costs of | 18 | | treatment, assessment, evaluation for risk and treatment, and | 19 | | monitoring the offender, based on that offender's ability to | 20 | | pay those costs either as they occur or under a payment plan. | 21 | | (j) All fines and costs imposed under this Section for any | 22 | | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 23 | | Code, or a similar
provision of a local ordinance, and any | 24 | | violation of the Child Passenger
Protection Act, or a similar | 25 | | provision of a local ordinance, shall be
collected and | 26 | | disbursed by the circuit clerk as provided under Section 27.5
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| 1 | | of the Clerks of Courts Act.
| 2 | | (k) Any offender who is sentenced to probation or | 3 | | conditional discharge for a felony sex offense as defined in | 4 | | the Sex Offender Management Board Act or any offense that the | 5 | | court or probation department has determined to be sexually | 6 | | motivated as defined in the Sex Offender Management Board Act | 7 | | shall be required to refrain from any contact, directly or | 8 | | indirectly, with any persons specified by the court and shall | 9 | | be available for all evaluations and treatment programs | 10 | | required by the court or the probation department.
| 11 | | (l) The court may order an offender who is sentenced to | 12 | | probation or conditional
discharge for a violation of an order | 13 | | of protection be placed under electronic surveillance as | 14 | | provided in Section 5-8A-7 of this Code. | 15 | | (Source: P.A. 98-575, eff. 1-1-14; 98-718, eff. 1-1-15; 99-143, | 16 | | eff. 7-27-15; 99-797, eff. 8-12-16.)
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