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| [ Introduced ] | [ House Amendment 001 ] |
92_HB4124eng HB4124 Engrossed LRB9213263ACsb 1 AN ACT concerning sex offenders. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Juvenile Court Act of 1987 is amended by 5 changing Sections 5-710 and 5-715 as follows: 6 (705 ILCS 405/5-710) 7 Sec. 5-710. Kinds of sentencing orders. 8 (1) The following kinds of sentencing orders may be made 9 in respect of wards of the court: 10 (a) Except as provided in Sections 5-805, 5-810, 11 5-815, a minor who is found guilty under Section 5-620 12 may be: 13 (i) put on probation or conditional discharge 14 and released to his or her parents, guardian or 15 legal custodian, provided, however, that any such 16 minor who is not committed to the Department of 17 Corrections, Juvenile Division under this subsection 18 and who is found to be a delinquent for an offense 19 which is first degree murder, a Class X felony, or a 20 forcible felony shall be placed on probation; 21 (ii) placed in accordance with Section 5-740, 22 with or without also being put on probation or 23 conditional discharge; 24 (iii) required to undergo a substance abuse 25 assessment conducted by a licensed provider and 26 participate in the indicated clinical level of care; 27 (iv) placed in the guardianship of the 28 Department of Children and Family Services, but only 29 if the delinquent minor is under 13 years of age; 30 (v) placed in detention for a period not to 31 exceed 30 days, either as the exclusive order of HB4124 Engrossed -2- LRB9213263ACsb 1 disposition or, where appropriate, in conjunction 2 with any other order of disposition issued under 3 this paragraph, provided that any such detention 4 shall be in a juvenile detention home and the minor 5 so detained shall be 10 years of age or older. 6 However, the 30-day limitation may be extended by 7 further order of the court for a minor under age 13 8 committed to the Department of Children and Family 9 Services if the court finds that the minor is a 10 danger to himself or others. The minor shall be 11 given credit on the sentencing order of detention 12 for time spent in detention under Sections 5-501, 13 5-601, 5-710, or 5-720 of this Article as a result 14 of the offense for which the sentencing order was 15 imposed. The court may grant credit on a sentencing 16 order of detention entered under a violation of 17 probation or violation of conditional discharge 18 under Section 5-720 of this Article for time spent 19 in detention before the filing of the petition 20 alleging the violation. A minor shall not be 21 deprived of credit for time spent in detention 22 before the filing of a violation of probation or 23 conditional discharge alleging the same or related 24 act or acts; 25 (vi) ordered partially or completely 26 emancipated in accordance with the provisions of the 27 Emancipation of Mature Minors Act; 28 (vii) subject to having his or her driver's 29 license or driving privileges suspended for such 30 time as determined by the court but only until he or 31 she attains 18 years of age; 32 (viii) put on probation or conditional 33 discharge and placed in detention under Section 34 3-6039 of the Counties Code for a period not to HB4124 Engrossed -3- LRB9213263ACsb 1 exceed the period of incarceration permitted by law 2 for adults found guilty of the same offense or 3 offenses for which the minor was adjudicated 4 delinquent, and in any event no longer than upon 5 attainment of age 21; this subdivision (viii) 6 notwithstanding any contrary provision of the law; 7 or 8 (ix) ordered to undergo a medical or other 9 procedure to have a tattoo symbolizing allegiance to 10 a street gang removed from his or her body. 11 (b) A minor found to be guilty may be committed to 12 the Department of Corrections, Juvenile Division, under 13 Section 5-750 if the minor is 13 years of age or older, 14 provided that the commitment to the Department of 15 Corrections, Juvenile Division, shall be made only if a 16 term of incarceration is permitted by law for adults 17 found guilty of the offense for which the minor was 18 adjudicated delinquent. The time during which a minor is 19 in custody before being released upon the request of a 20 parent, guardian or legal custodian shall be considered 21 as time spent in detention. 22 (c) When a minor is found to be guilty for an 23 offense which is a violation of the Illinois Controlled 24 Substances Act or the Cannabis Control Act and made a 25 ward of the court, the court may enter a disposition 26 order requiring the minor to undergo assessment, 27 counseling or treatment in a substance abuse program 28 approved by the Department of Human Services. 29 (2) Any sentencing order other than commitment to the 30 Department of Corrections, Juvenile Division, may provide for 31 protective supervision under Section 5-725 and may include an 32 order of protection under Section 5-730. 33 (3) Unless the sentencing order expressly so provides, 34 it does not operate to close proceedings on the pending HB4124 Engrossed -4- LRB9213263ACsb 1 petition, but is subject to modification until final closing 2 and discharge of the proceedings under Section 5-750. 3 (4) In addition to any other sentence, the court may 4 order any minor found to be delinquent to make restitution, 5 in monetary or non-monetary form, under the terms and 6 conditions of Section 5-5-6 of the Unified Code of 7 Corrections, except that the "presentencing hearing" referred 8 to in that Section shall be the sentencing hearing for 9 purposes of this Section. The parent, guardian or legal 10 custodian of the minor may be ordered by the court to pay 11 some or all of the restitution on the minor's behalf, 12 pursuant to the Parental Responsibility Law. The State's 13 Attorney is authorized to act on behalf of any victim in 14 seeking restitution in proceedings under this Section, up to 15 the maximum amount allowed in Section 5 of the Parental 16 Responsibility Law. 17 (5) Any sentencing order where the minor is committed or 18 placed in accordance with Section 5-740 shall provide for the 19 parents or guardian of the estate of the minor to pay to the 20 legal custodian or guardian of the person of the minor such 21 sums as are determined by the custodian or guardian of the 22 person of the minor as necessary for the minor's needs. The 23 payments may not exceed the maximum amounts provided for by 24 Section 9.1 of the Children and Family Services Act. 25 (6) Whenever the sentencing order requires the minor to 26 attend school or participate in a program of training, the 27 truant officer or designated school official shall regularly 28 report to the court if the minor is a chronic or habitual 29 truant under Section 26-2a of the School Code. 30 (7) In no event shall a guilty minor be committed to the 31 Department of Corrections, Juvenile Division for a period of 32 time in excess of that period for which an adult could be 33 committed for the same act. 34 (8) A minor found to be guilty for reasons that include HB4124 Engrossed -5- LRB9213263ACsb 1 a violation of Section 21-1.3 of the Criminal Code of 1961 2 shall be ordered to perform community service for not less 3 than 30 and not more than 120 hours, if community service is 4 available in the jurisdiction. The community service shall 5 include, but need not be limited to, the cleanup and repair 6 of the damage that was caused by the violation or similar 7 damage to property located in the municipality or county in 8 which the violation occurred. The order may be in addition 9 to any other order authorized by this Section. 10 (8.5) A minor found to be guilty for reasons that 11 include a violation of Section 3.02 or Section 3.03 of the 12 Humane Care for Animals Act or paragraph (d) of subsection 13 (1) of Section 21-1 of the Criminal Code of 1961 shall be 14 ordered to undergo medical or psychiatric treatment rendered 15 by a psychiatrist or psychological treatment rendered by a 16 clinical psychologist. The order may be in addition to any 17 other order authorized by this Section. 18 (8.10) Any minor found to be guilty of a sex offense as 19 defined in the Sex Offender Management Board Act shall be 20 required as part of the social investigation to submit to a 21 sex offender evaluation. The evaluation shall be performed 22 in conformance with the standards developed under the Sex 23 Offender Management Board Act. 24 (9) In addition to any other sentencing order, the court 25 shall order any minor found to be guilty for an act which 26 would constitute, predatory criminal sexual assault of a 27 child, aggravated criminal sexual assault, criminal sexual 28 assault, aggravated criminal sexual abuse, or criminal sexual 29 abuse if committed by an adult to undergo medical testing to 30 determine whether the defendant has any sexually 31 transmissible disease including a test for infection with 32 human immunodeficiency virus (HIV) or any other identified 33 causative agency of acquired immunodeficiency syndrome 34 (AIDS). Any medical test shall be performed only by HB4124 Engrossed -6- LRB9213263ACsb 1 appropriately licensed medical practitioners and may include 2 an analysis of any bodily fluids as well as an examination of 3 the minor's person. Except as otherwise provided by law, the 4 results of the test shall be kept strictly confidential by 5 all medical personnel involved in the testing and must be 6 personally delivered in a sealed envelope to the judge of the 7 court in which the sentencing order was entered for the 8 judge's inspection in camera. Acting in accordance with the 9 best interests of the victim and the public, the judge shall 10 have the discretion to determine to whom the results of the 11 testing may be revealed. The court shall notify the minor of 12 the results of the test for infection with the human 13 immunodeficiency virus (HIV). The court shall also notify 14 the victim if requested by the victim, and if the victim is 15 under the age of 15 and if requested by the victim's parents 16 or legal guardian, the court shall notify the victim's 17 parents or the legal guardian, of the results of the test for 18 infection with the human immunodeficiency virus (HIV). The 19 court shall provide information on the availability of HIV 20 testing and counseling at the Department of Public Health 21 facilities to all parties to whom the results of the testing 22 are revealed. The court shall order that the cost of any 23 test shall be paid by the county and may be taxed as costs 24 against the minor. 25 (10) When a court finds a minor to be guilty the court 26 shall, before entering a sentencing order under this Section, 27 make a finding whether the offense committed either: (a) was 28 related to or in furtherance of the criminal activities of an 29 organized gang or was motivated by the minor's membership in 30 or allegiance to an organized gang, or (b) involved a 31 violation of subsection (a) of Section 12-7.1 of the Criminal 32 Code of 1961, a violation of any Section of Article 24 of the 33 Criminal Code of 1961, or a violation of any statute that 34 involved the wrongful use of a firearm. If the court HB4124 Engrossed -7- LRB9213263ACsb 1 determines the question in the affirmative, and the court 2 does not commit the minor to the Department of Corrections, 3 Juvenile Division, the court shall order the minor to perform 4 community service for not less than 30 hours nor more than 5 120 hours, provided that community service is available in 6 the jurisdiction and is funded and approved by the county 7 board of the county where the offense was committed. The 8 community service shall include, but need not be limited to, 9 the cleanup and repair of any damage caused by a violation of 10 Section 21-1.3 of the Criminal Code of 1961 and similar 11 damage to property located in the municipality or county in 12 which the violation occurred. When possible and reasonable, 13 the community service shall be performed in the minor's 14 neighborhood. This order shall be in addition to any other 15 order authorized by this Section except for an order to place 16 the minor in the custody of the Department of Corrections, 17 Juvenile Division. For the purposes of this Section, 18 "organized gang" has the meaning ascribed to it in Section 10 19 of the Illinois Streetgang Terrorism Omnibus Prevention Act. 20 (Source: P.A. 91-98, eff. 1-1-00; 92-454, eff. 1-1-02.) 21 (705 ILCS 405/5-715) 22 Sec. 5-715. Probation. 23 (1) The period of probation or conditional discharge 24 shall not exceed 5 years or until the minor has attained the 25 age of 21 years, whichever is less, except as provided in 26 this Section for a minor who is found to be guilty for an 27 offense which is first degree murder, a Class X felony or a 28 forcible felony. The juvenile court may terminate probation 29 or conditional discharge and discharge the minor at any time 30 if warranted by the conduct of the minor and the ends of 31 justice; provided, however, that the period of probation for 32 a minor who is found to be guilty for an offense which is 33 first degree murder, a Class X felony, or a forcible felony HB4124 Engrossed -8- LRB9213263ACsb 1 shall be at least 5 years. 2 (2) The court may as a condition of probation or of 3 conditional discharge require that the minor: 4 (a) not violate any criminal statute of any 5 jurisdiction; 6 (b) make a report to and appear in person before 7 any person or agency as directed by the court; 8 (c) work or pursue a course of study or vocational 9 training; 10 (d) undergo medical or psychiatric treatment, 11 rendered by a psychiatrist or psychological treatment 12 rendered by a clinical psychologist or social work 13 services rendered by a clinical social worker, or 14 treatment for drug addiction or alcoholism; 15 (e) attend or reside in a facility established for 16 the instruction or residence of persons on probation; 17 (f) support his or her dependents, if any; 18 (g) refrain from possessing a firearm or other 19 dangerous weapon, or an automobile; 20 (h) permit the probation officer to visit him or 21 her at his or her home or elsewhere; 22 (i) reside with his or her parents or in a foster 23 home; 24 (j) attend school; 25 (j-5) with the consent of the superintendent of the 26 facility, attend an educational program at a facility 27 other than the school in which the offense was committed 28 if he or she committed a crime of violence as defined in 29 Section 2 of the Crime Victims Compensation Act in a 30 school, on the real property comprising a school, or 31 within 1,000 feet of the real property comprising a 32 school; 33 (k) attend a non-residential program for youth; 34 (l) make restitution under the terms of subsection HB4124 Engrossed -9- LRB9213263ACsb 1 (4) of Section 5-710; 2 (m) contribute to his or her own support at home or 3 in a foster home; 4 (n) perform some reasonable public or community 5 service; 6 (o) participate with community corrections programs 7 including unified delinquency intervention services 8 administered by the Department of Human Services subject 9 to Section 5 of the Children and Family Services Act; 10 (p) pay costs; 11 (q) serve a term of home confinement. In addition 12 to any other applicable condition of probation or 13 conditional discharge, the conditions of home confinement 14 shall be that the minor: 15 (i) remain within the interior premises of the 16 place designated for his or her confinement during 17 the hours designated by the court; 18 (ii) admit any person or agent designated by 19 the court into the minor's place of confinement at 20 any time for purposes of verifying the minor's 21 compliance with the conditions of his or her 22 confinement; and 23 (iii) use an approved electronic monitoring 24 device if ordered by the court subject to Article 8A 25 of Chapter V of the Unified Code of Corrections; 26 (r) refrain from entering into a designated 27 geographic area except upon terms as the court finds 28 appropriate. The terms may include consideration of the 29 purpose of the entry, the time of day, other persons 30 accompanying the minor, and advance approval by a 31 probation officer, if the minor has been placed on 32 probation, or advance approval by the court, if the minor 33 has been placed on conditional discharge; 34 (s) refrain from having any contact, directly or HB4124 Engrossed -10- LRB9213263ACsb 1 indirectly, with certain specified persons or particular 2 types of persons, including but not limited to members of 3 street gangs and drug users or dealers; 4 (s-5) undergo a medical or other procedure to have 5 a tattoo symbolizing allegiance to a street gang removed 6 from his or her body; 7 (t) refrain from having in his or her body the 8 presence of any illicit drug prohibited by the Cannabis 9 Control Act or the Illinois Controlled Substances Act, 10 unless prescribed by a physician, and shall submit 11 samples of his or her blood or urine or both for tests to 12 determine the presence of any illicit drug; or 13 (u) comply with other conditions as may be ordered 14 by the court. 15 (3) The court may as a condition of probation or of 16 conditional discharge require that a minor found guilty on 17 any alcohol, cannabis, or controlled substance violation, 18 refrain from acquiring a driver's license during the period 19 of probation or conditional discharge. If the minor is in 20 possession of a permit or license, the court may require that 21 the minor refrain from driving or operating any motor vehicle 22 during the period of probation or conditional discharge, 23 except as may be necessary in the course of the minor's 24 lawful employment. 25 (3.5) The court shall, as a condition of probation or of 26 conditional discharge, require that a minor found to be 27 guilty and placed on probation for reasons that include a 28 violation of Section 3.02 or Section 3.03 of the Humane Care 29 for Animals Act or paragraph (d) of subsection (1) of Section 30 21-1 of the Criminal Code of 1961 undergo medical or 31 psychiatric treatment rendered by a psychiatrist or 32 psychological treatment rendered by a clinical psychologist. 33 The condition may be in addition to any other condition. 34 (3.10) The court shall order that a minor placed on HB4124 Engrossed -11- LRB9213263ACsb 1 probation or conditional discharge for a sex offense as 2 defined in the Sex Offender Management Board Act undergo and 3 successfully complete sex offender treatment. The treatment 4 shall be in conformance with the standards developed under 5 the Sex Offender Management Board Act and shall be at the 6 expense of the person evaluated based upon that person's 7 ability to pay for the treatment. 8 (4) A minor on probation or conditional discharge shall 9 be given a certificate setting forth the conditions upon 10 which he or she is being released. 11 (5) The court shall impose upon a minor placed on 12 probation or conditional discharge, as a condition of the 13 probation or conditional discharge, a fee of $25 for each 14 month of probation or conditional discharge supervision 15 ordered by the court, unless after determining the inability 16 of the minor placed on probation or conditional discharge to 17 pay the fee, the court assesses a lesser amount. The court 18 may not impose the fee on a minor who is made a ward of the 19 State under this Act while the minor is in placement. The 20 fee shall be imposed only upon a minor who is actively 21 supervised by the probation and court services department. 22 The court may order the parent, guardian, or legal custodian 23 of the minor to pay some or all of the fee on the minor's 24 behalf. 25 (6) The General Assembly finds that in order to protect 26 the public, the juvenile justice system must compel 27 compliance with the conditions of probation by responding to 28 violations with swift, certain, and fair punishments and 29 intermediate sanctions. The Chief Judge of each circuit 30 shall adopt a system of structured, intermediate sanctions 31 for violations of the terms and conditions of a sentence of 32 supervision, probation or conditional discharge, under this 33 Act. 34 The court shall provide as a condition of a disposition HB4124 Engrossed -12- LRB9213263ACsb 1 of probation, conditional discharge, or supervision, that the 2 probation agency may invoke any sanction from the list of 3 intermediate sanctions adopted by the chief judge of the 4 circuit court for violations of the terms and conditions of 5 the sentence of probation, conditional discharge, or 6 supervision, subject to the provisions of Section 5-720 of 7 this Act. 8 (Source: P.A. 91-98, eff. 1-1-00; 92-282, eff. 8-7-01; 9 92-454, eff. 1-1-02; revised 10-11-01.) 10 Section 10. The Sexually Dangerous Persons Act is 11 amended by changing Section 8 as follows: 12 (725 ILCS 205/8) (from Ch. 38, par. 105-8) 13 Sec. 8. If the respondent is found to be a sexually 14 dangerous person then the court shall appoint the Director of 15 Corrections guardian of the person found to be sexually 16 dangerous and such person shall stand committed to the 17 custody of such guardian. The Director of Corrections as 18 guardian shall keep safely the person so committed until the 19 person has recovered and is released as hereinafter provided. 20 The Director of Corrections as guardian shall provide care 21 and treatment for the person committed to him designed to 22 effect recovery. Any treatment provided under this Section 23 shall be in conformance with the standards promulgated by the 24 Sex Offender Management Board. The Director may place that 25 ward in any facility in the Department of Corrections or 26 portion thereof set aside for the care and treatment of 27 sexually dangerous persons. The Department of Corrections may 28 also request another state Department or Agency to examine 29 such patient and upon such request, such Department or Agency 30 shall make such examination and the Department of Corrections 31 may, with the consent of the chief executive officer of such 32 other Department or Agency, thereupon place such patient in HB4124 Engrossed -13- LRB9213263ACsb 1 the care and treatment of such other Department or Agency. 2 (Source: P.A. 77-2477.) 3 Section 15. The Sexually Violent Persons Commitment Act 4 is amended by changing Sections 10, 25, 30, 40, 55, 60, and 5 65 as follows: 6 (725 ILCS 207/10) 7 Sec. 10. Notice to the Attorney General and State's 8 Attorney. 9 (a) In this Act, "agency with jurisdiction" means the 10 agency with the authority or duty to release or discharge the 11 person. 12 (b) If an agency with jurisdiction has control or 13 custody over a person who may meet the criteria for 14 commitment as a sexually violent person, the agency with 15 jurisdiction shall inform the Attorney General and the 16 State's Attorney in a position to file a petition under 17 paragraph (a)(2) of Section 15 of this Act regarding the 18 person as soon as possible beginning 3 months prior to the 19 applicable date of the following: 20 (1) The anticipated release from imprisonment or 21 the anticipated entry into mandatory supervised release 22 of a person who has been convicted of a sexually violent 23 offense. 24 (2) The anticipated release from a Department of 25 Corrections correctional facility or juvenile 26 correctional facility of a person adjudicated delinquent 27 under Section 5-20 of the Juvenile Court Act of 1987 (now 28 repealed) or found guilty under Section 5-620 of that 29 Act, on the basis of a sexually violent offense. 30 (3) The discharge or conditional release of a 31 person who has been found not guilty of a sexually 32 violent offense by reason of insanity under Section 5-2-4 HB4124 Engrossed -14- LRB9213263ACsb 1 of the Unified Code of Corrections. 2 (c) The agency with jurisdiction shall provide the 3 Attorney General and the State's Attorney with all of the 4 following: 5 (1) The person's name, identifying factors, 6 anticipated future residence and offense history; 7 (2) A comprehensive evaluation of the person's 8 mental condition, the basis upon which a determination 9 has been made that the person is subject to commitment 10 under subsection (b) of Section 15 of this Act and a 11 recommendation for action in furtherance of the purposes 12 of this Act. The evaluation shall be conducted in 13 conformance with the standards developed under the Sex 14 Offender Management Board Act; and 15 (3) If applicable, documentation of any treatment 16 and the person's adjustment to any institutional 17 placement. 18 (d) Any agency or officer, employee or agent of an 19 agency is immune from criminal or civil liability for any 20 acts or omissions as the result of a good faith effort to 21 comply with this Section. 22 (Source: P.A. 90-40, eff. 1-1-98; 90-793, eff. 8-14-98; 23 91-357, eff. 7-29-99.) 24 (725 ILCS 207/25) 25 Sec. 25. Rights of persons subject to petition. 26 (a) Any person who is the subject of a petition filed 27 under Section 15 of this Act shall be served with a copy of 28 the petition in accordance with the Civil Practice Law. 29 (b) The circuit court in which a petition under Section 30 15 of this Act is filed shall conduct all hearings under this 31 Act. The court shall give the person who is the subject of 32 the petition reasonable notice of the time and place of each 33 such hearing. The court may designate additional persons to HB4124 Engrossed -15- LRB9213263ACsb 1 receive these notices. 2 (c) Except as provided in paragraph (b)(1) of Section 65 3 and Section 70 of this Act, at any hearing conducted under 4 this Act, the person who is the subject of the petition has 5 the right to: 6 (1) To be present and to be represented by counsel. 7 If the person is indigent, the court shall appoint 8 counsel. 9 (2) Remain silent. 10 (3) Present and cross-examine witnesses. 11 (4) Have the hearing recorded by a court reporter. 12 (d) The person who is the subject of the petition, the 13 person's attorney, the Attorney General or the State's 14 Attorney may request that a trial under Section 35 of this 15 Act be to a jury. A verdict of a jury under this Act is not 16 valid unless it is unanimous. 17 (e) Whenever the person who is the subject of the 18 petition is required to submit to an examination under this 19 Act, he or she may retain experts or professional persons to 20 perform an examination. The respondent's chosen evaluator 21 must be certified by the Sex Offender Management Board and 22 the evaluation must be conducted in conformance with the 23 standards developed under the Sex Offender Management Board 24 Act. If the person retains a qualified expert or 25 professional person of his or her own choice to conduct an 26 examination, the examiner shall have reasonable access to the 27 person for the purpose of the examination, as well as to the 28 person's past and present treatment records and patient 29 health care records. If the person is indigent, the court 30 shall, upon the person's request, appoint a qualified and 31 available expert or professional person to perform an 32 examination. Upon the order of the circuit court, the county 33 shall pay, as part of the costs of the action, the costs of a 34 court-appointed expert or professional person to perform an HB4124 Engrossed -16- LRB9213263ACsb 1 examination and participate in the trial on behalf of an 2 indigent person. 3 (Source: P.A. 90-40, eff. 1-1-98.) 4 (725 ILCS 207/30) 5 Sec. 30. Detention; probable cause hearing; transfer for 6 examination. 7 (a) Upon the filing of a petition under Section 15 of 8 this Act, the court shall review the petition to determine 9 whether to issue an order for detention of the person who is 10 the subject of the petition. The person shall be detained 11 only if there is cause to believe that the person is eligible 12 for commitment under subsection (f) of Section 35 of this 13 Act. A person detained under this Section shall be held in a 14 facility approved by the Department. If the person is 15 serving a sentence of imprisonment, is in a Department of 16 Corrections correctional facility or juvenile correctional 17 facility or is committed to institutional care, and the court 18 orders detention under this Section, the court shall order 19 that the person be transferred to a detention facility 20 approved by the Department. A detention order under this 21 Section remains in effect until the person is discharged 22 after a trial under Section 35 of this Act or until the 23 effective date of a commitment order under Section 40 of this 24 Act, whichever is applicable. 25 (b) Whenever a petition is filed under Section 15 of 26 this Act, the court shall hold a hearing to determine whether 27 there is probable cause to believe that the person named in 28 the petition is a sexually violent person. If the person 29 named in the petition is in custody, the court shall hold the 30 probable cause hearing within 72 hours after the petition is 31 filed, excluding Saturdays, Sundays and legal holidays. The 32 court may grant a continuance of the probable cause hearing 33 for no more than 7 additional days upon the motion of the HB4124 Engrossed -17- LRB9213263ACsb 1 respondent, for good cause. If the person named in the 2 petition has been released, is on parole, is on mandatory 3 supervised release, or otherwise is not in custody, the court 4 shall hold the probable cause hearing within a reasonable 5 time after the filing of the petition. At the probable cause 6 hearing, the court shall admit and consider all relevant 7 hearsay evidence. 8 (c) If the court determines after a hearing that there 9 is probable cause to believe that the person named in the 10 petition is a sexually violent person, the court shall order 11 that the person be taken into custody if he or she is not in 12 custody and shall order the person to be transferred within a 13 reasonable time to an appropriate facility for an evaluation 14 as to whether the person is a sexually violent person. If the 15 person who is named in the petition refuses to speak to, 16 communicate with, or otherwise fails to cooperate with the 17 examining evaluator from the Department of Human Services or 18 the Department of Corrections, that person may only introduce 19 evidence and testimony from any expert or professional person 20 who is retained or court-appointed to conduct an examination 21 of the person that results from a review of the records and 22 may not introduce evidence resulting from an examination of 23 the person. Any evaluation conducted under this Section shall 24 be by an evaluator who is certified by the Sex Offender 25 Management Board and in conformance with the standards 26 developed under the Sex Offender Management Board Act. 27 Notwithstanding the provisions of Section 10 of the Mental 28 Health and Developmental Disabilities Confidentiality Act, 29 all evaluations conducted pursuant to this Act and all 30 Illinois Department of Corrections treatment records shall be 31 admissible at all proceedings held pursuant to this Act, 32 including the probable cause hearing and the trial. 33 If the court determines that probable cause does not 34 exist to believe that the person is a sexually violent HB4124 Engrossed -18- LRB9213263ACsb 1 person, the court shall dismiss the petition. 2 (d) The Department shall promulgate rules that provide 3 the qualifications for persons conducting evaluations under 4 subsection (c) of this Section. 5 (e) If the person named in the petition claims or 6 appears to be indigent, the court shall, prior to the 7 probable cause hearing under subsection (b) of this Section, 8 appoint counsel. 9 (Source: P.A. 92-415, eff. 8-17-01.) 10 (725 ILCS 207/40) 11 Sec. 40. Commitment. 12 (a) If a court or jury determines that the person who is 13 the subject of a petition under Section 15 of this Act is a 14 sexually violent person, the court shall order the person to 15 be committed to the custody of the Department for control, 16 care and treatment until such time as the person is no longer 17 a sexually violent person. 18 (b) (1) The court shall enter an initial commitment 19 order under this Section pursuant to a hearing held as 20 soon as practicable after the judgment is entered that 21 the person who is the subject of a petition under Section 22 15 is a sexually violent person. If the court lacks 23 sufficient information to make the determination required 24 by paragraph (b)(2) of this Section immediately after 25 trial, it may adjourn the hearing and order the 26 Department to conduct a predisposition investigation or a 27 supplementary mental examination, or both, to assist the 28 court in framing the commitment order. A supplementary 29 mental examination under this Section shall be conducted 30 in accordance with Section 3-804 of the Mental Health and 31 Developmental Disabilities Code. 32 (2) An order for commitment under this Section 33 shall specify either institutional care in a secure HB4124 Engrossed -19- LRB9213263ACsb 1 facility, as provided under Section 50 of this Act, or 2 conditional release. In determining whether commitment 3 shall be for institutional care in a secure facility or 4 for conditional release, the court shall consider the 5 nature and circumstances of the behavior that was the 6 basis of the allegation in the petition under paragraph 7 (b)(1) of Section 15, the person's mental history and 8 present mental condition, where the person will live, how 9 the person will support himself or herself, and what 10 arrangements are available to ensure that the person has 11 access to and will participate in necessary treatment. 12 All treatment, whether in institutional care in a secure 13 facility or while on conditional release, shall be 14 provided by an individual who is in conformance with the 15 standards developed under the Sex Offender Management 16 Board Act. The Department shall arrange for control, care 17 and treatment of the person in the least restrictive 18 manner consistent with the requirements of the person and 19 in accordance with the court's commitment order. 20 (3) If the court finds that the person is 21 appropriate for conditional release, the court shall 22 notify the Department. The Department shall prepare a 23 plan that identifies the treatment and services, if any, 24 that the person will receive in the community. The plan 25 shall address the person's need, if any, for supervision, 26 counseling, medication, community support services, 27 residential services, vocational services, and alcohol or 28 other drug abuse treatment. The Department may contract 29 with a county health department, with another public 30 agency or with a private agency to provide the treatment 31 and services identified in the plan. The plan shall 32 specify who will be responsible for providing the 33 treatment and services identified in the plan. The plan 34 shall be presented to the court for its approval within HB4124 Engrossed -20- LRB9213263ACsb 1 60 days after the court finding that the person is 2 appropriate for conditional release, unless the 3 Department and the person to be released request 4 additional time to develop the plan. The conditional 5 release program operated under this Section is not 6 subject to the provisions of the Mental Health and 7 Developmental Disabilities Confidentiality Act. 8 (4) An order for conditional release places the 9 person in the custody and control of the Department. A 10 person on conditional release is subject to the 11 conditions set by the court and to the rules of the 12 Department. Before a person is placed on conditional 13 release by the court under this Section, the court shall 14 so notify the municipal police department and county 15 sheriff for the municipality and county in which the 16 person will be residing. The notification requirement 17 under this Section does not apply if a municipal police 18 department or county sheriff submits to the court a 19 written statement waiving the right to be notified. If 20 the Department alleges that a released person has 21 violated any condition or rule, or that the safety of 22 others requires that conditional release be revoked, he 23 or she may be taken into custody under the rules of the 24 Department. 25 At any time during which the person is on 26 conditional release, if the Department determines that 27 the person has violated any condition or rule, or that 28 the safety of others requires that conditional release be 29 revoked, the Department may request the Attorney General 30 or State's Attorney to request the court to issue an 31 emergency ex parte order directing any law enforcement 32 officer to take the person into custody and transport the 33 person to the county jail. The Department may request, or 34 the Attorney General or State's Attorney may request HB4124 Engrossed -21- LRB9213263ACsb 1 independently of the Department, that a petition to 2 revoke conditional release be filed. When a petition is 3 filed, the court may order the Department to issue a 4 notice to the person to be present at the Department or 5 other agency designated by the court, order a summons to 6 the person to be present, or order a body attachment for 7 all law enforcement officers to take the person into 8 custody and transport him or her to the county jail, 9 hospital, or treatment facility. The Department shall 10 submit a statement showing probable cause of the 11 detention and a petition to revoke the order for 12 conditional release to the committing court within 48 13 hours after the detention. The court shall hear the 14 petition within 30 days, unless the hearing or time 15 deadline is waived by the detained person. Pending the 16 revocation hearing, the Department may detain the person 17 in a jail, in a hospital or treatment facility. The 18 State has the burden of proving by clear and convincing 19 evidence that any rule or condition of release has been 20 violated, or that the safety of others requires that the 21 conditional release be revoked. If the court determines 22 after hearing that any rule or condition of release has 23 been violated, or that the safety of others requires that 24 conditional release be revoked, it may revoke the order 25 for conditional release and order that the released 26 person be placed in an appropriate institution until the 27 person is discharged from the commitment under Section 65 28 of this Act or until again placed on conditional release 29 under Section 60 of this Act. 30 (5) An order for conditional release places the 31 person in the custody, care, and control of the 32 Department. The court shall order the person be subject 33 to the following rules of conditional release, in 34 addition to any other conditions ordered, and the person HB4124 Engrossed -22- LRB9213263ACsb 1 shall be given a certificate setting forth the conditions 2 of conditional release. These conditions shall be that 3 the person: 4 (A) not violate any criminal statute of any 5 jurisdiction; 6 (B) report to or appear in person before such 7 person or agency as directed by the court and the 8 Department; 9 (C) refrain from possession of a firearm or 10 other dangerous weapon; 11 (D) not leave the State without the consent of 12 the court or, in circumstances in which the reason 13 for the absence is of such an emergency nature, that 14 prior consent by the court is not possible without 15 the prior notification and approval of the 16 Department; 17 (E) at the direction of the Department, notify 18 third parties of the risks that may be occasioned by 19 his or her criminal record or sexual offending 20 history or characteristics, and permit the 21 supervising officer or agent to make the 22 notification requirement; 23 (F) attend and fully participate in 24 assessment, treatment, and behavior monitoring 25 including, but not limited to, medical, 26 psychological or psychiatric treatment specific to 27 sexual offending, drug addiction, or alcoholism, to 28 the extent appropriate to the person based upon the 29 recommendation and findings made in the Department 30 evaluation or based upon any subsequent 31 recommendations by the Department; 32 (G) waive confidentiality allowing the court 33 and Department access to assessment or treatment 34 results or both; HB4124 Engrossed -23- LRB9213263ACsb 1 (H) work regularly at a Department approved 2 occupation or pursue a course of study or vocational 3 training and notify the Department within 72 hours 4 of any change in employment, study, or training; 5 (I) not be employed or participate in any 6 volunteer activity that involves contact with 7 children, except under circumstances approved in 8 advance and in writing by the Department officer; 9 (J) submit to the search of his or her person, 10 residence, vehicle, or any personal or real property 11 under his or her control at any time by the 12 Department; 13 (K) financially support his or her dependents 14 and provide the Department access to any requested 15 financial information; 16 (L) serve a term of home confinement, the 17 conditions of which shall be that the person: 18 (i) remain within the interior premises 19 of the place designated for his or her 20 confinement during the hours designated by the 21 Department; 22 (ii) admit any person or agent designated 23 by the Department into the offender's place of 24 confinement at any time for purposes of 25 verifying the person's compliance with the 26 condition of his or her confinement; 27 (iii) if deemed necessary by the 28 Department, be placed on an electronic 29 monitoring device; 30 (M) comply with the terms and conditions of an 31 order of protection issued by the court pursuant to 32 the Illinois Domestic Violence Act of 1986. A copy 33 of the order of protection shall be transmitted to 34 the Department by the clerk of the court; HB4124 Engrossed -24- LRB9213263ACsb 1 (N) refrain from entering into a designated 2 geographic area except upon terms the Department 3 finds appropriate. The terms may include 4 consideration of the purpose of the entry, the time 5 of day, others accompanying the person, and advance 6 approval by the Department; 7 (O) refrain from having any contact, including 8 written or oral communications, directly or 9 indirectly, with certain specified persons 10 including, but not limited to, the victim or the 11 victim's family, and report any incidental contact 12 with the victim or the victim's family to the 13 Department within 72 hours; refrain from entering 14 onto the premises of, traveling past, or loitering 15 near the victim's residence, place of employment, or 16 other places frequented by the victim; 17 (P) refrain from having any contact, including 18 written or oral communications, directly or 19 indirectly, with particular types of persons, 20 including but not limited to members of street 21 gangs, drug users, drug dealers, or prostitutes; 22 (Q) refrain from all contact, direct or 23 indirect, personally, by telephone, letter, or 24 through another person, with minor children without 25 prior identification and approval of the Department; 26 (R) refrain from having in his or her body the 27 presence of alcohol or any illicit drug prohibited 28 by the Cannabis Control Act or the Illinois 29 Controlled Substances Act, unless prescribed by a 30 physician, and submit samples of his or her breath, 31 saliva, blood, or urine for tests to determine the 32 presence of alcohol or any illicit drug; 33 (S) not establish a dating, intimate, or 34 sexual relationship with a person without prior HB4124 Engrossed -25- LRB9213263ACsb 1 written notification to the Department; 2 (T) neither possess or have under his or her 3 control any material that is pornographic, sexually 4 oriented, or sexually stimulating, or that depicts 5 or alludes to sexual activity or depicts minors 6 under the age of 18, including but not limited to 7 visual, auditory, telephonic, electronic media, or 8 any matter obtained through access to any computer 9 or material linked to computer access use; 10 (U) not patronize any business providing 11 sexually stimulating or sexually oriented 12 entertainment nor utilize "900" or adult telephone 13 numbers or any other sex-related telephone numbers; 14 (V) not reside near, visit, or be in or about 15 parks, schools, day care centers, swimming pools, 16 beaches, theaters, or any other places where minor 17 children congregate without advance approval of the 18 Department and report any incidental contact with 19 minor children to the Department within 72 hours; 20 (W) not establish any living arrangement or 21 residence without prior approval of the Department; 22 (X) not publish any materials or print any 23 advertisements without providing a copy of the 24 proposed publications to the Department officer and 25 obtaining permission prior to publication; 26 (Y) not leave the county except with prior 27 permission of the Department and provide the 28 Department officer or agent with written travel 29 routes to and from work and any other designated 30 destinations; 31 (Z) not possess or have under his or her 32 control certain specified items of contraband 33 related to the incidence of sexually offending items 34 including video or still camera items or children's HB4124 Engrossed -26- LRB9213263ACsb 1 toys; 2 (AA) provide a written daily log of activities 3 as directed by the Department; 4 (BB) comply with all other special conditions 5 that the Department may impose that restrict the 6 person from high-risk situations and limit access or 7 potential victims. 8 (6) A person placed on conditional release and who 9 during the term undergoes mandatory drug or alcohol 10 testing or is assigned to be placed on an approved 11 electronic monitoring device may be ordered to pay all 12 costs incidental to the mandatory drug or alcohol testing 13 and all costs incidental to the approved electronic 14 monitoring in accordance with the person's ability to pay 15 those costs. The Department may establish reasonable 16 fees for the cost of maintenance, testing, and incidental 17 expenses related to the mandatory drug or alcohol testing 18 and all costs incidental to approved electronic 19 monitoring. 20 (Source: P.A. 91-875, eff. 6-30-00; 92-415, eff. 8-17-01.) 21 (725 ILCS 207/55) 22 Sec. 55. Periodic reexamination; report. 23 (a) If a person has been committed under Section 40 of 24 this Act and has not been discharged under Section 65 of this 25 Act, the Department shall conduct an examination of his or 26 her mental condition within 6 months after an initial 27 commitment under Section 40 and then at least once every 12 28 months from the completion of the last evaluation for the 29 purpose of determining whether the person has made sufficient 30 progress to be conditionally released or discharged. At the 31 time of a reexamination under this Section, the person who 32 has been committed may retain or, if he or she is indigent 33 and so requests, the court may appoint a qualified expert or HB4124 Engrossed -27- LRB9213263ACsb 1 a professional person to examine him or her. 2 (b) Any examiner conducting an examination under this 3 Section shall prepare a written report of the examination no 4 later than 30 days after the date of the examination. The 5 examiner shall place a copy of the report in the person's 6 health care records and shall provide a copy of the report to 7 the court that committed the person under Section 40. The 8 examination shall be conducted in conformance with the 9 standards developed under the Sex Offender Management Board 10 Act. 11 (c) Notwithstanding subsection (a) of this Section, the 12 court that committed a person under Section 40 may order a 13 reexamination of the person at any time during the period in 14 which the person is subject to the commitment order. 15 (d) Petitions for discharge after reexamination must 16 follow the procedure outlined in Section 65 of this Act. 17 (Source: P.A. 90-40, eff. 1-1-98; 90-793, eff. 8-14-98; 18 91-227, eff. 1-1-00; 91-875, eff. 6-30-00.) 19 (725 ILCS 207/60) 20 Sec. 60. Petition for conditional release. 21 (a) Any person who is committed for institutional care 22 in a secure facility or other facility under Section 40 of 23 this Act may petition the committing court to modify its 24 order by authorizing conditional release if at least 6 months 25 have elapsed since the initial commitment order was entered, 26 the most recent release petition was denied or the most 27 recent order for conditional release was revoked. The 28 director of the facility at which the person is placed may 29 file a petition under this Section on the person's behalf at 30 any time. 31 (b) If the person files a timely petition without 32 counsel, the court shall serve a copy of the petition on the 33 Attorney General or State's Attorney, whichever is applicable HB4124 Engrossed -28- LRB9213263ACsb 1 and, subject to paragraph (c)(1) of Section 25 of this Act, 2 appoint counsel. If the person petitions through counsel, 3 his or her attorney shall serve the Attorney General or 4 State's Attorney, whichever is applicable. 5 (c) Within 20 days after receipt of the petition, the 6 court shall appoint one or more examiners having the 7 specialized knowledge determined by the court to be 8 appropriate, who shall examine the mental condition of the 9 person and furnish a written report of the examination to the 10 court within 30 days after appointment. The examiners shall 11 have reasonable access to the person for purposes of 12 examination and to the person's past and present treatment 13 records and patient health care records. If any such 14 examiner believes that the person is appropriate for 15 conditional release, the examiner shall report on the type of 16 treatment and services that the person may need while in the 17 community on conditional release. The State has the right to 18 have the person evaluated by experts chosen by the State. Any 19 examination or evaluation conducted under this Section shall 20 be in conformance with the standards developed under the Sex 21 Offender Management Board Act. The court shall set a 22 probable cause hearing as soon as practical after the 23 examiner's report is filed. If the court determines at the 24 probable cause hearing that cause exists to believe that it 25 is not substantially probable that the person will engage in 26 acts of sexual violence if on release or conditional release, 27 the court shall set a hearing on the issue. 28 (d) The court, without a jury, shall hear the petition 29 within 30 days after the report of the court-appointed 30 examiner is filed with the court, unless the petitioner 31 waives this time limit. The court shall grant the petition 32 unless the State proves by clear and convincing evidence that 33 the person has not made sufficient progress to be 34 conditionally released. In making a decision under this HB4124 Engrossed -29- LRB9213263ACsb 1 subsection, the court must consider the nature and 2 circumstances of the behavior that was the basis of the 3 allegation in the petition under paragraph (b)(1) of Section 4 15 of this Act, the person's mental history and present 5 mental condition, where the person will live, how the person 6 will support himself or herself and what arrangements are 7 available to ensure that the person has access to and will 8 participate in necessary treatment. 9 (e) Before the court may enter an order directing 10 conditional release to a less restrictive alternative it must 11 find the following: (1) the person will be treated by a 12 Department approved treatment provider, (2) the treatment 13 provider has presented a specific course of treatment and has 14 agreed to assume responsibility for the treatment and will 15 report progress to the Department on a regular basis, and 16 will report violations immediately to the Department, 17 consistent with treatment and supervision needs of the 18 respondent, (3) housing exists that is sufficiently secure to 19 protect the community, and the person or agency providing 20 housing to the conditionally released person has agreed in 21 writing to accept the person, to provide the level of 22 security required by the court, and immediately to report to 23 the Department if the person leaves the housing to which he 24 or she has been assigned without authorization, (4) the 25 person is willing to or has agreed to comply with the 26 treatment provider, the Department, and the court, and (5) 27 the person has agreed or is willing to agree to comply with 28 the behavioral monitoring requirements imposed by the court 29 and the Department. 30 (f) If the court finds that the person is appropriate 31 for conditional release, the court shall notify the 32 Department. The Department shall prepare a plan that 33 identifies the treatment and services, if any, that the 34 person will receive in the community. The plan shall address HB4124 Engrossed -30- LRB9213263ACsb 1 the person's need, if any, for supervision, counseling, 2 medication, community support services, residential services, 3 vocational services, and alcohol or other drug abuse 4 treatment. The Department may contract with a county health 5 department, with another public agency or with a private 6 agency to provide the treatment and services identified in 7 the plan. The plan shall specify who will be responsible for 8 providing the treatment and services identified in the plan. 9 The plan shall be presented to the court for its approval 10 within 60 days after the court finding that the person is 11 appropriate for conditional release, unless the Department 12 and the person to be released request additional time to 13 develop the plan. 14 (g) The provisions of paragraph (b)(4) of Section 40 of 15 this Act apply to an order for conditional release issued 16 under this Section. 17 (Source: P.A. 91-875, eff. 6-30-00; 92-415, eff. 8-17-01.) 18 (725 ILCS 207/65) 19 Sec. 65. Petition for discharge; procedure. 20 (a)(1) If the Secretary determines at any time that a 21 person committed under this Act is no longer a sexually 22 violent person, the Secretary shall authorize the person to 23 petition the committing court for discharge. The person 24 shall file the petition with the court and serve a copy upon 25 the Attorney General or the State's Attorney's office that 26 filed the petition under subsection (a) of Section 15 of this 27 Act, whichever is applicable. The court, upon receipt of the 28 petition for discharge, shall order a hearing to be held 29 within 45 days after the date of receipt of the petition. 30 (2) At a hearing under this subsection, the Attorney 31 General or State's Attorney, whichever filed the original 32 petition, shall represent the State and shall have the right 33 to have the petitioner examined by an expert or professional HB4124 Engrossed -31- LRB9213263ACsb 1 person of his or her choice. The examination shall be 2 conducted in conformance with the standards developed under 3 the Sex Offender Management Board Act. The committed person 4 or the State may elect to have the hearing before a jury. 5 The State has the burden of proving by clear and convincing 6 evidence that the petitioner is still a sexually violent 7 person. 8 (3) If the court or jury is satisfied that the State has 9 not met its burden of proof under paragraph (a)(2) of this 10 Section, the petitioner shall be discharged from the custody 11 or supervision of the Department. If the court is satisfied 12 that the State has met its burden of proof under paragraph 13 (a)(2), the court may proceed under Section 40 of this Act to 14 determine whether to modify the petitioner's existing 15 commitment order. 16 (b)(1) A person may petition the committing court for 17 discharge from custody or supervision without the Secretary's 18 approval. At the time of an examination under subsection (a) 19 of Section 55 of this Act, the Secretary shall provide the 20 committed person with a written notice of the person's right 21 to petition the court for discharge over the Secretary's 22 objection. The notice shall contain a waiver of rights. The 23 Secretary shall forward the notice and waiver form to the 24 court with the report of the Department's examination under 25 Section 55 of this Act. If the person does not affirmatively 26 waive the right to petition, the court shall set a probable 27 cause hearing to determine whether facts exist that warrant a 28 hearing on whether the person is still a sexually violent 29 person. If a person does not file a petition for discharge, 30 yet fails to waive the right to petition under this Section, 31 then the probable cause hearing consists only of a review of 32 the reexamination reports and arguments on behalf of the 33 parties. The committed person has a right to have an attorney 34 represent him or her at the probable cause hearing, but the HB4124 Engrossed -32- LRB9213263ACsb 1 person is not entitled to be present at the probable cause 2 hearing. The probable cause hearing under this Section must 3 be held within 45 days of the filing of the reexamination 4 report under Section 55 of this Act. 5 (2) If the court determines at the probable cause 6 hearing under paragraph (b)(1) of this Section that probable 7 cause exists to believe that the committed person is no 8 longer a sexually violent person, then the court shall set a 9 hearing on the issue. At a hearing under this Section, the 10 committed person is entitled to be present and to the benefit 11 of the protections afforded to the person under Section 25 of 12 this Act. The committed person or the State may elect to have 13 a hearing under this Section before a jury. A verdict of a 14 jury under this Section is not valid unless it is unanimous. 15 The Attorney General or State's Attorney, whichever filed the 16 original petition, shall represent the State at a hearing 17 under this Section. The State has the right to have the 18 committed person evaluated by experts chosen by the State. 19 At the hearing, the State has the burden of proving by clear 20 and convincing evidence that the committed person is still a 21 sexually violent person. 22 (3) If the court or jury is satisfied that the State has 23 not met its burden of proof under paragraph (b)(2) of this 24 Section, the person shall be discharged from the custody or 25 supervision of the Department. If the court or jury is 26 satisfied that the State has met its burden of proof under 27 paragraph (b)(2) of this Section, the court may proceed under 28 Section 40 of this Act to determine whether to modify the 29 person's existing commitment order. 30 (Source: P.A. 91-227, eff. 1-1-00; 92-415, eff. 8-17-01.) 31 Section 20. The Unified Code of Corrections is amended 32 by changing Sections 3-3-7, 3-6-2, 3-8-2, 5-3-1, 5-3-2, 33 5-6-3, and 5-7-1 as follows: HB4124 Engrossed -33- LRB9213263ACsb 1 (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) 2 Sec. 3-3-7. Conditions of Parole or Mandatory Supervised 3 Release. 4 (a) The conditions of parole or mandatory supervised 5 release shall be such as the Prisoner Review Board deems 6 necessary to assist the subject in leading a law-abiding 7 life. The conditions of every parole and mandatory supervised 8 release are that the subject: 9 (1) not violate any criminal statute of any 10 jurisdiction during the parole or release term; 11 (2) refrain from possessing a firearm or other 12 dangerous weapon; 13 (3) report to an agent of the Department of 14 Corrections; 15 (4) permit the agent to visit him or her at his or 16 her home, employment, or elsewhere to the extent 17 necessary for the agent to discharge his or her duties; 18 (5) attend or reside in a facility established for 19 the instruction or residence of persons on parole or 20 mandatory supervised release; 21 (6) secure permission before visiting or writing a 22 committed person in an Illinois Department of Corrections 23 facility; 24 (7) report all arrests to an agent of the 25 Department of Corrections as soon as permitted by the 26 arresting authority but in no event later than 24 hours 27 after release from custody; 28 (7.5) if convicted of a sex offense as defined in 29 the Sex Offender Management Board Act, the individual 30 shall undergo and successfully complete sex offender 31 treatment in conformance with the standards developed by 32 the Sex Offender Management Board; 33 (8) obtain permission of an agent of the Department 34 of Corrections before leaving the State of Illinois; HB4124 Engrossed -34- LRB9213263ACsb 1 (9) obtain permission of an agent of the Department 2 of Corrections before changing his or her residence or 3 employment; 4 (10) consent to a search of his or her person, 5 property, or residence under his or her control; 6 (11) refrain from the use or possession of 7 narcotics or other controlled substances in any form, or 8 both, or any paraphernalia related to those substances 9 and submit to a urinalysis test as instructed by a parole 10 agent of the Department of Corrections; 11 (12) not frequent places where controlled 12 substances are illegally sold, used, distributed, or 13 administered; 14 (13) not knowingly associate with other persons on 15 parole or mandatory supervised release without prior 16 written permission of his or her parole agent and not 17 associate with persons who are members of an organized 18 gang as that term is defined in the Illinois Streetgang 19 Terrorism Omnibus Prevention Act; 20 (14) provide true and accurate information, as it 21 relates to his or her adjustment in the community while 22 on parole or mandatory supervised release or to his or 23 her conduct while incarcerated, in response to inquiries 24 by his or her parole agent or of the Department of 25 Corrections; and 26 (15) follow any specific instructions provided by 27 the parole agent that are consistent with furthering 28 conditions set and approved by the Prisoner Review Board 29 or by law, exclusive of placement on electronic 30 detention, to achieve the goals and objectives of his or 31 her parole or mandatory supervised release or to protect 32 the public. These instructions by the parole agent may be 33 modified at any time, as the agent deems appropriate. 34 (b) The Board may in addition to other conditions HB4124 Engrossed -35- LRB9213263ACsb 1 require that the subject: 2 (1) work or pursue a course of study or vocational 3 training; 4 (2) undergo medical or psychiatric treatment, or 5 treatment for drug addiction or alcoholism; 6 (3) attend or reside in a facility established for 7 the instruction or residence of persons on probation or 8 parole; 9 (4) support his dependents; 10 (5) (blank); 11 (6) (blank); 12 (7) comply with the terms and conditions of an 13 order of protection issued pursuant to the Illinois 14 Domestic Violence Act of 1986, enacted by the 84th 15 General Assembly, or an order of protection issued by the 16 court of another state, tribe, or United States 17 territory; and 18 (8) in addition, if a minor: 19 (i) reside with his parents or in a foster 20 home; 21 (ii) attend school; 22 (iii) attend a non-residential program for 23 youth; or 24 (iv) contribute to his own support at home or 25 in a foster home. 26 (c) The conditions under which the parole or mandatory 27 supervised release is to be served shall be communicated to 28 the person in writing prior to his release, and he shall sign 29 the same before release. A signed copy of these conditions, 30 including a copy of an order of protection where one had been 31 issued by the criminal court, shall be retained by the person 32 and another copy forwarded to the officer in charge of his 33 supervision. 34 (d) After a hearing under Section 3-3-9, the Prisoner HB4124 Engrossed -36- LRB9213263ACsb 1 Review Board may modify or enlarge the conditions of parole 2 or mandatory supervised release. 3 (e) The Department shall inform all offenders committed 4 to the Department of the optional services available to them 5 upon release and shall assist inmates in availing themselves 6 of such optional services upon their release on a voluntary 7 basis. 8 (Source: P.A. 91-903, eff. 1-1-01; 92-460, eff. 1-1-02.) 9 (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) 10 Sec. 3-6-2. Institutions and Facility Administration. 11 (a) Each institution and facility of the Department 12 shall be administered by a chief administrative officer 13 appointed by the Director. A chief administrative officer 14 shall be responsible for all persons assigned to the 15 institution or facility. The chief administrative officer 16 shall administer the programs of the Department for the 17 custody and treatment of such persons. 18 (b) The chief administrative officer shall have such 19 assistants as the Department may assign. 20 (c) The Director or Assistant Director shall have the 21 emergency powers to temporarily transfer individuals without 22 formal procedures to any State, county, municipal or regional 23 correctional or detention institution or facility in the 24 State, subject to the acceptance of such receiving 25 institution or facility, or to designate any reasonably 26 secure place in the State as such an institution or facility 27 and to make transfers thereto. However, transfers made under 28 emergency powers shall be reviewed as soon as practicable 29 under Article 8, and shall be subject to Section 5-905 of the 30 Juvenile Court Act of 1987. This Section shall not apply to 31 transfers to the Department of Human Services which are 32 provided for under Section 3-8-5 or Section 3-10-5. 33 (d) The Department shall provide educational programs HB4124 Engrossed -37- LRB9213263ACsb 1 for all committed persons so that all persons have an 2 opportunity to attain the achievement level equivalent to the 3 completion of the twelfth grade in the public school system 4 in this State. Other higher levels of attainment shall be 5 encouraged and professional instruction shall be maintained 6 wherever possible. The Department may establish programs of 7 mandatory education and may establish rules and regulations 8 for the administration of such programs. A person committed 9 to the Department who, during the period of his or her 10 incarceration, participates in an educational program 11 provided by or through the Department and through that 12 program is awarded or earns the number of hours of credit 13 required for the award of an associate, baccalaureate, or 14 higher degree from a community college, college, or 15 university located in Illinois shall reimburse the State, 16 through the Department, for the costs incurred by the State 17 in providing that person during his or her incarceration with 18 the education that qualifies him or her for the award of that 19 degree. The costs for which reimbursement is required under 20 this subsection shall be determined and computed by the 21 Department under rules and regulations that it shall 22 establish for that purpose. However, interest at the rate of 23 6% per annum shall be charged on the balance of those costs 24 from time to time remaining unpaid, from the date of the 25 person's parole, mandatory supervised release, or release 26 constituting a final termination of his or her commitment to 27 the Department until paid. 28 (e) A person committed to the Department who becomes in 29 need of medical or surgical treatment but is incapable of 30 giving consent thereto shall receive such medical or surgical 31 treatment by the chief administrative officer consenting on 32 the person's behalf. Before the chief administrative officer 33 consents, he or she shall obtain the advice of one or more 34 physicians licensed to practice medicine in all its branches HB4124 Engrossed -38- LRB9213263ACsb 1 in this State. If such physician or physicians advise: 2 (1) that immediate medical or surgical treatment is 3 required relative to a condition threatening to cause 4 death, damage or impairment to bodily functions, or 5 disfigurement; and 6 (2) that the person is not capable of giving 7 consent to such treatment; the chief administrative 8 officer may give consent for such medical or surgical 9 treatment, and such consent shall be deemed to be the 10 consent of the person for all purposes, including, but 11 not limited to, the authority of a physician to give such 12 treatment. 13 (f) In the event that the person requires medical care 14 and treatment at a place other than the institution or 15 facility, the person may be removed therefrom under 16 conditions prescribed by the Department. The Department shall 17 require the committed person receiving medical or dental 18 services on a non-emergency basis to pay a $2 co-payment to 19 the Department for each visit for medical or dental services. 20 The amount of each co-payment shall be deducted from the 21 committed person's individual account. A committed person who 22 has a chronic illness, as defined by Department rules and 23 regulations, shall be exempt from the $2 co-payment for 24 treatment of the chronic illness. A committed person shall 25 not be subject to a $2 co-payment for follow-up visits 26 ordered by a physician, who is employed by, or contracts 27 with, the Department. A committed person who is indigent is 28 exempt from the $2 co-payment and is entitled to receive 29 medical or dental services on the same basis as a committed 30 person who is financially able to afford the co-payment. 31 Notwithstanding any other provision in this subsection (f) to 32 the contrary, any person committed to any facility operated 33 by the Juvenile Division, as set forth in subsection (b) of 34 Section 3-2-5 of this Code, is exempt from the co-payment HB4124 Engrossed -39- LRB9213263ACsb 1 requirement for the duration of confinement in those 2 facilities. 3 (g) Any person having sole custody of a child at the 4 time of commitment or any woman giving birth to a child after 5 her commitment, may arrange through the Department of 6 Children and Family Services for suitable placement of the 7 child outside of the Department of Corrections. The Director 8 of the Department of Corrections may determine that there are 9 special reasons why the child should continue in the custody 10 of the mother until the child is 6 years old. 11 (h) The Department may provide Family Responsibility 12 Services which may consist of, but not be limited to the 13 following: 14 (1) family advocacy counseling; 15 (2) parent self-help group; 16 (3) parenting skills training; 17 (4) parent and child overnight program; 18 (5) parent and child reunification counseling, 19 either separately or together, preceding the inmate's 20 release; and 21 (6) a prerelease reunification staffing involving 22 the family advocate, the inmate and the child's 23 counselor, or both and the inmate. 24 (i) Prior to the release of any inmate who has a 25 documented history of intravenous drug use, and upon the 26 receipt of that inmate's written informed consent, the 27 Department shall provide for the testing of such inmate for 28 infection with human immunodeficiency virus (HIV) and any 29 other identified causative agent of acquired immunodeficiency 30 syndrome (AIDS). The testing provided under this subsection 31 shall consist of an enzyme-linked immunosorbent assay (ELISA) 32 test or such other test as may be approved by the Illinois 33 Department of Public Health. If the test result is positive, 34 the Western Blot Assay or more reliable confirmatory test HB4124 Engrossed -40- LRB9213263ACsb 1 shall be administered. All inmates tested in accordance with 2 the provisions of this subsection shall be provided with 3 pre-test and post-test counseling. Notwithstanding any 4 provision of this subsection to the contrary, the Department 5 shall not be required to conduct the testing and counseling 6 required by this subsection unless sufficient funds to cover 7 all costs of such testing and counseling are appropriated for 8 that purpose by the General Assembly. 9 (j) Any person convicted of a sex offense as defined in 10 the Sex Offender Management Board Act shall be required to 11 undergo sex offender treatment. The treatment shall be 12 provided in accordance with the standards developed under the 13 Sex Offender Management Board Act. 14 (Source: P.A. 91-912, eff. 7-7-00; 92-292, eff. 8-9-01.) 15 (730 ILCS 5/3-8-2) (from Ch. 38, par. 1003-8-2) 16 Sec. 3-8-2. Social Evaluation. (a) A social evaluation 17 shall be made of a committed person's medical, psychological, 18 educational and vocational condition and history, including 19 the use of alcohol and other drugs, the circumstances of his 20 offense, and such other information as the Department may 21 determine. The committed person shall be assigned to an 22 institution or facility in so far as practicable in 23 accordance with the social evaluation. Recommendations shall 24 be made for medical, dental, psychiatric, psychological and 25 social service treatment. 26 (b) A record of the social evaluation shall be entered 27 in the committed person's master record file and shall be 28 forwarded to the institution or facility to which the person 29 is assigned. 30 (c) Upon admission to a correctional institution each 31 committed person shall be given a physical examination. If he 32 is suspected of having a communicable disease that in the 33 judgment of the Department medical personnel requires medical HB4124 Engrossed -41- LRB9213263ACsb 1 isolation, the committed person shall remain in medical 2 isolation until it is no longer deemed medically necessary. 3 (d) Upon admission to a correctional institution, each 4 committed person convicted of a sex offense as defined in the 5 Sex Offender Management Board Act shall be required to 6 undergo a sex offender evaluation in conformance with the 7 standards developed under the Sex Offender Management Board 8 Act unless the person has submitted to an evaluation meeting 9 the criteria under that Act within one year of the date of 10 commitment to the correctional institution. 11 (Source: P.A. 87-1256.) 12 (730 ILCS 5/5-3-1) (from Ch. 38, par. 1005-3-1) 13 Sec. 5-3-1. Presentence Investigation. A defendant shall 14 not be sentenced for a felony before a written presentence 15 report of investigation is presented to and considered by the 16 court. 17 However, in cases other than felony sex offenses as 18 defined in the Sex Offender Management Board Act, the court 19 need not order a presentence report of investigation where 20 both parties agree to the imposition of a specific sentence, 21 provided there is a finding made for the record as to the 22 defendant's history of delinquency or criminality, including 23 any previous sentence to a term of probation, periodic 24 imprisonment, conditional discharge, or imprisonment. 25 The court may order a presentence investigation of any 26 defendant. 27 (Source: P.A. 80-1099.) 28 (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2) 29 Sec. 5-3-2. Presentence Report. 30 (a) In felony cases, the presentence report shall set 31 forth: 32 (1) the defendant's history of delinquency or HB4124 Engrossed -42- LRB9213263ACsb 1 criminality, physical and mental history and condition, 2 family situation and background, economic status, 3 education, occupation and personal habits; 4 (2) information about special resources within the 5 community which might be available to assist the 6 defendant's rehabilitation, including treatment centers, 7 residential facilities, vocational training services, 8 correctional manpower programs, employment opportunities, 9 special educational programs, alcohol and drug abuse 10 programming, psychiatric and marriage counseling, and 11 other programs and facilities which could aid the 12 defendant's successful reintegration into society; 13 (3) the effect the offense committed has had upon 14 the victim or victims thereof, and any compensatory 15 benefit that various sentencing alternatives would confer 16 on such victim or victims; 17 (4) information concerning the defendant's status 18 since arrest, including his record if released on his own 19 recognizance, or the defendant's achievement record if 20 released on a conditional pre-trial supervision program; 21 (5) when appropriate, a plan, based upon the 22 personal, economic and social adjustment needs of the 23 defendant, utilizing public and private community 24 resources as an alternative to institutional sentencing; 25 (6) any other matters that the investigatory 26 officer deems relevant or the court directs to be 27 included; and 28 (7) information concerning defendant's eligibility 29 for a sentence to a county impact incarceration program 30 under Section 5-8-1.2 of this Code. 31 (b) The investigation shall include a physical and 32 mental examination of the defendant when so ordered by the 33 court. If the court determines that such an examination 34 should be made, it shall issue an order that the defendant HB4124 Engrossed -43- LRB9213263ACsb 1 submit to examination at such time and place as designated by 2 the court and that such examination be conducted by a 3 physician, psychologist or psychiatrist designated by the 4 court. Such an examination may be conducted in a court 5 clinic if so ordered by the court. The cost of such 6 examination shall be paid by the county in which the trial is 7 held. 8 (b-5) In cases involving felony sex offenses as defined 9 in the Sex Offender Management Board Act, a sex offender 10 evaluation shall be conducted in conformance with the 11 standards developed under the Sex Offender Management Board 12 Act. 13 (c) In misdemeanor, business offense or petty offense 14 cases, except as specified in subsection (d) of this Section, 15 when a presentence report has been ordered by the court, such 16 presentence report shall contain information on the 17 defendant's history of delinquency or criminality and shall 18 further contain only those matters listed in any of 19 paragraphs (1) through (6) of subsection (a) or in subsection 20 (b) of this Section as are specified by the court in its 21 order for the report. 22 (d) In cases under Section 12-15 and Section 12-30 of 23 the Criminal Code of 1961, as amended, the presentence report 24 shall set forth information about alcohol, drug abuse, 25 psychiatric, and marriage counseling or other treatment 26 programs and facilities, information on the defendant's 27 history of delinquency or criminality, and shall contain 28 those additional matters listed in any of paragraphs (1) 29 through (6) of subsection (a) or in subsection (b) of this 30 Section as are specified by the court. 31 (e) Nothing in this Section shall cause the defendant to 32 be held without bail or to have his bail revoked for the 33 purpose of preparing the presentence report or making an 34 examination. HB4124 Engrossed -44- LRB9213263ACsb 1 (Source: P.A. 89-587, eff. 7-31-96.) 2 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) 3 Sec. 5-6-3. Conditions of Probation and of Conditional 4 Discharge. 5 (a) The conditions of probation and of conditional 6 discharge shall be that the person: 7 (1) not violate any criminal statute of any 8 jurisdiction; 9 (2) report to or appear in person before such 10 person or agency as directed by the court; 11 (3) refrain from possessing a firearm or other 12 dangerous weapon; 13 (4) not leave the State without the consent of the 14 court or, in circumstances in which the reason for the 15 absence is of such an emergency nature that prior consent 16 by the court is not possible, without the prior 17 notification and approval of the person's probation 18 officer; 19 (5) permit the probation officer to visit him at 20 his home or elsewhere to the extent necessary to 21 discharge his duties; 22 (6) perform no less than 30 hours of community 23 service and not more than 120 hours of community service, 24 if community service is available in the jurisdiction and 25 is funded and approved by the county board where the 26 offense was committed, where the offense was related to 27 or in furtherance of the criminal activities of an 28 organized gang and was motivated by the offender's 29 membership in or allegiance to an organized gang. The 30 community service shall include, but not be limited to, 31 the cleanup and repair of any damage caused by a 32 violation of Section 21-1.3 of the Criminal Code of 1961 33 and similar damage to property located within the HB4124 Engrossed -45- LRB9213263ACsb 1 municipality or county in which the violation occurred. 2 When possible and reasonable, the community service 3 should be performed in the offender's neighborhood. For 4 purposes of this Section, "organized gang" has the 5 meaning ascribed to it in Section 10 of the Illinois 6 Streetgang Terrorism Omnibus Prevention Act; 7 (7) if he or she is at least 17 years of age and 8 has been sentenced to probation or conditional discharge 9 for a misdemeanor or felony in a county of 3,000,000 or 10 more inhabitants and has not been previously convicted of 11 a misdemeanor or felony, may be required by the 12 sentencing court to attend educational courses designed 13 to prepare the defendant for a high school diploma and to 14 work toward a high school diploma or to work toward 15 passing the high school level Test of General Educational 16 Development (GED) or to work toward completing a 17 vocational training program approved by the court. The 18 person on probation or conditional discharge must attend 19 a public institution of education to obtain the 20 educational or vocational training required by this 21 clause (7). The court shall revoke the probation or 22 conditional discharge of a person who wilfully fails to 23 comply with this clause (7). The person on probation or 24 conditional discharge shall be required to pay for the 25 cost of the educational courses or GED test, if a fee is 26 charged for those courses or test. The court shall 27 resentence the offender whose probation or conditional 28 discharge has been revoked as provided in Section 5-6-4. 29 This clause (7) does not apply to a person who has a high 30 school diploma or has successfully passed the GED test. 31 This clause (7) does not apply to a person who is 32 determined by the court to be developmentally disabled or 33 otherwise mentally incapable of completing the 34 educational or vocational program; HB4124 Engrossed -46- LRB9213263ACsb 1 (8) if convicted of possession of a substance 2 prohibited by the Cannabis Control Act or Illinois 3 Controlled Substances Act after a previous conviction or 4 disposition of supervision for possession of a substance 5 prohibited by the Cannabis Control Act or Illinois 6 Controlled Substances Act or after a sentence of 7 probation under Section 10 of the Cannabis Control Act or 8 Section 410 of the Illinois Controlled Substances Act and 9 upon a finding by the court that the person is addicted, 10 undergo treatment at a substance abuse program approved 11 by the court;and12 (8.5) If convicted of a sex offense as defined in 13 the Sex Offender Management Board Act, the person shall 14 undergo and successfully complete sex offender treatment 15 in conformance with the standards developed by the Sex 16 Offender Management Board; and 17 (9) if convicted of a felony, physically surrender 18 at a time and place designated by the court, his or her 19 Firearm Owner's Identification Card and any and all 20 firearms in his or her possession. 21 (b) The Court may in addition to other reasonable 22 conditions relating to the nature of the offense or the 23 rehabilitation of the defendant as determined for each 24 defendant in the proper discretion of the Court require that 25 the person: 26 (1) serve a term of periodic imprisonment under 27 Article 7 for a period not to exceed that specified in 28 paragraph (d) of Section 5-7-1; 29 (2) pay a fine and costs; 30 (3) work or pursue a course of study or vocational 31 training; 32 (4) undergo medical, psychological or psychiatric 33 treatment; or treatment for drug addiction or alcoholism; 34 (5) attend or reside in a facility established for HB4124 Engrossed -47- LRB9213263ACsb 1 the instruction or residence of defendants on probation; 2 (6) support his dependents; 3 (7) and in addition, if a minor: 4 (i) reside with his parents or in a foster 5 home; 6 (ii) attend school; 7 (iii) attend a non-residential program for 8 youth; 9 (iv) contribute to his own support at home or 10 in a foster home; 11 (v) with the consent of the superintendent of 12 the facility, attend an educational program at a 13 facility other than the school in which the offense 14 was committed if he or she is convicted of a crime 15 of violence as defined in Section 2 of the Crime 16 Victims Compensation Act committed in a school, on 17 the real property comprising a school, or within 18 1,000 feet of the real property comprising a school; 19 (8) make restitution as provided in Section 5-5-6 20 of this Code; 21 (9) perform some reasonable public or community 22 service; 23 (10) serve a term of home confinement. In addition 24 to any other applicable condition of probation or 25 conditional discharge, the conditions of home confinement 26 shall be that the offender: 27 (i) remain within the interior premises of the 28 place designated for his confinement during the 29 hours designated by the court; 30 (ii) admit any person or agent designated by 31 the court into the offender's place of confinement 32 at any time for purposes of verifying the offender's 33 compliance with the conditions of his confinement; 34 and HB4124 Engrossed -48- LRB9213263ACsb 1 (iii) if further deemed necessary by the court 2 or the Probation or Court Services Department, be 3 placed on an approved electronic monitoring device, 4 subject to Article 8A of Chapter V; 5 (iv) for persons convicted of any alcohol, 6 cannabis or controlled substance violation who are 7 placed on an approved monitoring device as a 8 condition of probation or conditional discharge, the 9 court shall impose a reasonable fee for each day of 10 the use of the device, as established by the county 11 board in subsection (g) of this Section, unless 12 after determining the inability of the offender to 13 pay the fee, the court assesses a lesser fee or no 14 fee as the case may be. This fee shall be imposed in 15 addition to the fees imposed under subsections (g) 16 and (i) of this Section. The fee shall be collected 17 by the clerk of the circuit court. The clerk of the 18 circuit court shall pay all monies collected from 19 this fee to the county treasurer for deposit in the 20 substance abuse services fund under Section 5-1086.1 21 of the Counties Code; and 22 (v) for persons convicted of offenses other 23 than those referenced in clause (iv) above and who 24 are placed on an approved monitoring device as a 25 condition of probation or conditional discharge, the 26 court shall impose a reasonable fee for each day of 27 the use of the device, as established by the county 28 board in subsection (g) of this Section, unless 29 after determining the inability of the defendant to 30 pay the fee, the court assesses a lesser fee or no 31 fee as the case may be. This fee shall be imposed 32 in addition to the fees imposed under subsections 33 (g) and (i) of this Section. The fee shall be 34 collected by the clerk of the circuit court. The HB4124 Engrossed -49- LRB9213263ACsb 1 clerk of the circuit court shall pay all monies 2 collected from this fee to the county treasurer who 3 shall use the monies collected to defray the costs 4 of corrections. The county treasurer shall deposit 5 the fee collected in the county working cash fund 6 under Section 6-27001 or Section 6-29002 of the 7 Counties Code, as the case may be. 8 (11) comply with the terms and conditions of an 9 order of protection issued by the court pursuant to the 10 Illinois Domestic Violence Act of 1986, as now or 11 hereafter amended, or an order of protection issued by 12 the court of another state, tribe, or United States 13 territory. A copy of the order of protection shall be 14 transmitted to the probation officer or agency having 15 responsibility for the case; 16 (12) reimburse any "local anti-crime program" as 17 defined in Section 7 of the Anti-Crime Advisory Council 18 Act for any reasonable expenses incurred by the program 19 on the offender's case, not to exceed the maximum amount 20 of the fine authorized for the offense for which the 21 defendant was 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, to a 25 "local anti-crime program", as defined in Section 7 of 26 the Anti-Crime Advisory Council Act; 27 (14) refrain from entering into a designated 28 geographic area except upon such terms as the court finds 29 appropriate. Such terms may include consideration of the 30 purpose of the entry, the time of day, other persons 31 accompanying the defendant, and advance approval by a 32 probation officer, if the defendant has been placed on 33 probation or advance approval by the court, if the 34 defendant was placed on conditional discharge; HB4124 Engrossed -50- LRB9213263ACsb 1 (15) refrain from having any contact, directly or 2 indirectly, with certain specified persons or particular 3 types of persons, including but not limited to members of 4 street gangs and drug users or dealers; 5 (16) refrain from having in his or her body the 6 presence of any illicit drug prohibited by the Cannabis 7 Control Act or the Illinois Controlled Substances Act, 8 unless prescribed by a physician, and submit samples of 9 his or her blood or urine or both for tests to determine 10 the presence of any illicit drug. 11 (c) The court may as a condition of probation or of 12 conditional discharge require that a person under 18 years of 13 age found guilty of any alcohol, cannabis or controlled 14 substance violation, refrain from acquiring a driver's 15 license during the period of probation or conditional 16 discharge. If such person is in possession of a permit or 17 license, the court may require that the minor refrain from 18 driving or operating any motor vehicle during the period of 19 probation or conditional discharge, except as may be 20 necessary in the course of the minor's lawful employment. 21 (d) An offender sentenced to probation or to conditional 22 discharge shall be given a certificate setting forth the 23 conditions thereof. 24 (e) Except where the offender has committed a fourth or 25 subsequent violation of subsection (c) of Section 6-303 of 26 the Illinois Vehicle Code, the court shall not require as a 27 condition of the sentence of probation or conditional 28 discharge that the offender be committed to a period of 29 imprisonment in excess of 6 months. This 6 month limit shall 30 not include periods of confinement given pursuant to a 31 sentence of county impact incarceration under Section 32 5-8-1.2. This 6 month limit does not apply to a person 33 sentenced to probation as a result of a conviction of a 34 fourth or subsequent violation of subsection (c-4) of Section HB4124 Engrossed -51- LRB9213263ACsb 1 11-501 of the Illinois Vehicle Code or a similar provision of 2 a local ordinance. 3 Persons committed to imprisonment as a condition of 4 probation or conditional discharge shall not be committed to 5 the Department of Corrections. 6 (f) The court may combine a sentence of periodic 7 imprisonment under Article 7 or a sentence to a county impact 8 incarceration program under Article 8 with a sentence of 9 probation or conditional discharge. 10 (g) An offender sentenced to probation or to conditional 11 discharge and who during the term of either undergoes 12 mandatory drug or alcohol testing, or both, or is assigned to 13 be placed on an approved electronic monitoring device, shall 14 be ordered to pay all costs incidental to such mandatory drug 15 or alcohol testing, or both, and all costs incidental to such 16 approved electronic monitoring in accordance with the 17 defendant's ability to pay those costs. The county board 18 with the concurrence of the Chief Judge of the judicial 19 circuit in which the county is located shall establish 20 reasonable fees for the cost of maintenance, testing, and 21 incidental expenses related to the mandatory drug or alcohol 22 testing, or both, and all costs incidental to approved 23 electronic monitoring, involved in a successful probation 24 program for the county. The concurrence of the Chief Judge 25 shall be in the form of an administrative order. The fees 26 shall be collected by the clerk of the circuit court. The 27 clerk of the circuit court shall pay all moneys collected 28 from these fees to the county treasurer who shall use the 29 moneys collected to defray the costs of drug testing, alcohol 30 testing, and electronic monitoring. The county treasurer 31 shall deposit the fees collected in the county working cash 32 fund under Section 6-27001 or Section 6-29002 of the Counties 33 Code, as the case may be. 34 (h) Jurisdiction over an offender may be transferred HB4124 Engrossed -52- LRB9213263ACsb 1 from the sentencing court to the court of another circuit 2 with the concurrence of both courts, or to another state 3 under an Interstate Probation Reciprocal Agreement as 4 provided in Section 3-3-11. Further transfers or retransfers 5 of jurisdiction are also authorized in the same manner. The 6 court to which jurisdiction has been transferred shall have 7 the same powers as the sentencing court. 8 (i) The court shall impose upon an offender sentenced to 9 probation after January 1, 1989 or to conditional discharge 10 after January 1, 1992, as a condition of such probation or 11 conditional discharge, a fee of $25 for each month of 12 probation or conditional discharge supervision ordered by the 13 court, unless after determining the inability of the person 14 sentenced to probation or conditional discharge to pay the 15 fee, the court assesses a lesser fee. The court may not 16 impose the fee on a minor who is made a ward of the State 17 under the Juvenile Court Act of 1987 while the minor is in 18 placement. The fee shall be imposed only upon an offender who 19 is actively supervised by the probation and court services 20 department. The fee shall be collected by the clerk of the 21 circuit court. The clerk of the circuit court shall pay all 22 monies collected from this fee to the county treasurer for 23 deposit in the probation and court services fund under 24 Section 15.1 of the Probation and Probation Officers Act. 25 (j) All fines and costs imposed under this Section for 26 any violation of Chapters 3, 4, 6, and 11 of the Illinois 27 Vehicle Code, or a similar provision of a local ordinance, 28 and any violation of the Child Passenger Protection Act, or a 29 similar provision of a local ordinance, shall be collected 30 and disbursed by the circuit clerk as provided under Section 31 27.5 of the Clerks of Courts Act. 32 (Source: P.A. 91-325, eff. 7-29-99; 91-696, eff. 4-13-00; 33 91-903, eff. 1-1-01; 92-282, eff. 8-7-01; 92-340, eff. 34 8-10-01; 92-418, eff. 8-17-01; 92-442, eff. 8-17-01; revised HB4124 Engrossed -53- LRB9213263ACsb 1 10-11-01.) 2 (730 ILCS 5/5-7-1) (from Ch. 38, par. 1005-7-1) 3 Sec. 5-7-1. Sentence of Periodic Imprisonment. 4 (a) A sentence of periodic imprisonment is a sentence of 5 imprisonment during which the committed person may be 6 released for periods of time during the day or night or for 7 periods of days, or both, or if convicted of a felony, other 8 than first degree murder, a Class X or Class 1 felony, 9 committed to any county, municipal, or regional correctional 10 or detention institution or facility in this State for such 11 periods of time as the court may direct. Unless the court 12 orders otherwise, the particular times and conditions of 13 release shall be determined by the Department of Corrections, 14 the sheriff, or the Superintendent of the house of 15 corrections, who is administering the program. 16 (b) A sentence of periodic imprisonment may be imposed 17 to permit the defendant to: 18 (1) seek employment; 19 (2) work; 20 (3) conduct a business or other self-employed 21 occupation including housekeeping; 22 (4) attend to family needs; 23 (5) attend an educational institution, including 24 vocational education; 25 (6) obtain medical or psychological treatment; 26 (7) perform work duties at a county, municipal, or 27 regional correctional or detention institution or 28 facility; 29 (8) continue to reside at home with or without 30 supervision involving the use of an approved electronic 31 monitoring device, subject to Article 8A of Chapter V; or 32 (9) for any other purpose determined by the court. 33 (c) Except where prohibited by other provisions of this HB4124 Engrossed -54- LRB9213263ACsb 1 Code, the court may impose a sentence of periodic 2 imprisonment for a felony or misdemeanor on a person who is 3 17 years of age or older. The court shall not impose a 4 sentence of periodic imprisonment if it imposes a sentence of 5 imprisonment upon the defendant in excess of 90 days. 6 (d) A sentence of periodic imprisonment shall be for a 7 definite term of from 3 to 4 years for a Class 1 felony, 18 8 to 30 months for a Class 2 felony, and up to 18 months, or 9 the longest sentence of imprisonment that could be imposed 10 for the offense, whichever is less, for all other offenses; 11 however, no person shall be sentenced to a term of periodic 12 imprisonment longer than one year if he is committed to a 13 county correctional institution or facility, and in 14 conjunction with that sentence participate in a county work 15 release program comparable to the work and day release 16 program provided for in Article 13 of the Unified Code of 17 Corrections in State facilities. The term of the sentence 18 shall be calculated upon the basis of the duration of its 19 term rather than upon the basis of the actual days spent in 20 confinement. No sentence of periodic imprisonment shall be 21 subject to the good time credit provisions of Section 3-6-3 22 of this Code. 23 (e) When the court imposes a sentence of periodic 24 imprisonment, it shall state: 25 (1) the term of such sentence; 26 (2) the days or parts of days which the defendant 27 is to be confined; 28 (3) the conditions. 29 (f) The court may issue an order of protection pursuant 30 to the Illinois Domestic Violence Act of 1986 as a condition 31 of a sentence of periodic imprisonment. The Illinois Domestic 32 Violence Act of 1986 shall govern the issuance, enforcement 33 and recording of orders of protection issued under this 34 Section. A copy of the order of protection shall be HB4124 Engrossed -55- LRB9213263ACsb 1 transmitted to the person or agency having responsibility for 2 the case. 3 (f-5) An offender sentenced to a term of periodic 4 imprisonment for a sex offense as defined in the Sex Offender 5 Management Board Act shall be required to undergo and 6 successfully complete sex offender treatment by a treatment 7 provider in conformance with the standards developed under 8 the Sex Offender Management Board Act. 9 (g) An offender sentenced to periodic imprisonment who 10 undergoes mandatory drug or alcohol testing, or both, or is 11 assigned to be placed on an approved electronic monitoring 12 device, shall be ordered to pay the costs incidental to such 13 mandatory drug or alcohol testing, or both, and costs 14 incidental to such approved electronic monitoring in 15 accordance with the defendant's ability to pay those costs. 16 The county board with the concurrence of the Chief Judge of 17 the judicial circuit in which the county is located shall 18 establish reasonable fees for the cost of maintenance, 19 testing, and incidental expenses related to the mandatory 20 drug or alcohol testing, or both, and all costs incidental to 21 approved electronic monitoring, of all offenders with a 22 sentence of periodic imprisonment. The concurrence of the 23 Chief Judge shall be in the form of an administrative order. 24 The fees shall be collected by the clerk of the circuit 25 court. The clerk of the circuit court shall pay all moneys 26 collected from these fees to the county treasurer who shall 27 use the moneys collected to defray the costs of drug 28 testing, alcohol testing, and electronic monitoring. The 29 county treasurer shall deposit the fees collected in the 30 county working cash fund under Section 6-27001 or Section 31 6-29002 of the Counties Code, as the case may be. 32 (h) All fees and costs imposed under this Section for 33 any violation of Chapters 3, 4, 6, and 11 of the Illinois 34 Vehicle Code, or a similar provision of a local ordinance, HB4124 Engrossed -56- LRB9213263ACsb 1 and any violation of the Child Passenger Protection Act, or a 2 similar provision of a local ordinance, shall be collected 3 and disbursed by the circuit clerk as provided under Section 4 27.5 of the Clerks of Courts Act. 5 (i) A defendant at least 17 years of age who is 6 convicted of a misdemeanor or felony in a county of 3,000,000 7 or more inhabitants and who has not been previously convicted 8 of a misdemeanor or a felony and who is sentenced to a term 9 of periodic imprisonment may as a condition of his or her 10 sentence be required by the court to attend educational 11 courses designed to prepare the defendant for a high school 12 diploma and to work toward receiving a high school diploma or 13 to work toward passing the high school level Test of General 14 Educational Development (GED) or to work toward completing a 15 vocational training program approved by the court. The 16 defendant sentenced to periodic imprisonment must attend a 17 public institution of education to obtain the educational or 18 vocational training required by this subsection (i). The 19 defendant sentenced to a term of periodic imprisonment shall 20 be required to pay for the cost of the educational courses or 21 GED test, if a fee is charged for those courses or test. The 22 court shall revoke the sentence of periodic imprisonment of 23 the defendant who wilfully fails to comply with this 24 subsection (i). The court shall resentence the defendant 25 whose sentence of periodic imprisonment has been revoked as 26 provided in Section 5-7-2. This subsection (i) does not 27 apply to a defendant who has a high school diploma or has 28 successfully passed the GED test. This subsection (i) does 29 not apply to a defendant who is determined by the court to be 30 developmentally disabled or otherwise mentally incapable of 31 completing the educational or vocational program. 32 (Source: P.A. 89-688, eff. 6-1-97; 90-399, eff. 1-1-98; 33 90-655, eff. 7-30-98.) HB4124 Engrossed -57- LRB9213263ACsb 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.