State of Illinois
92nd General Assembly
Legislation

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92_SB1780

 
                                               LRB9212660RCsb

 1        AN ACT in relation to criminal law.

 2        Whereas: The interstate compact for  the  supervision  of
 3    Parolees  and Probationers was established in 1937, it is the
 4    earliest corrections "compact" established among  the  states
 5    and  has  not  been  amended since its adoption over 62 years
 6    ago;

 7        Whereas:  This  compact  is  the  only  vehicle  for  the
 8    controlled movement of adult parolees and probationers across
 9    state lines, and it currently has jurisdiction over more than
10    a quarter of a million offenders;

11        Whereas: The complexities of the compact have become more
12    difficult to administer, and many jurisdictions have expanded
13    supervision expectations  to  include  currently  unregulated
14    practices   such   as   victim   input,  victim  notification
15    requirements and sex offender registration;

16        Whereas: After hearings, national surveys, and a detailed
17    study by a task force appointed by the National Institute  of
18    Corrections,  the  overwhelming  recommendation  has  been to
19    amend the document to bring  about  an  effective  management
20    capacity  that  addresses public safety concerns and offender
21    accountability;

22        Whereas: Upon the adoption of this Interstate Compact for
23    Adult Offender  Supervision,  it  is  the  intention  of  the
24    legislature to repeal the previous Interstate Compact for the
25    Supervision  of  Parolees  and  Probationers on the effective
26    date of this Compact; therefore

27        Be it enacted by the People of  the  State  of  Illinois,
28    represented in the General Assembly:

29        Section  1.   Short  title.  This Act may be cited as the
30    Interstate Compact for Adult Offender Supervision.
 
                            -2-                LRB9212660RCsb
 1        Section  5.  Interstate  Compact   for   Adult   Offender
 2    Supervision.  The Governor of this State is hereby authorized
 3    and  directed to enter into a compact on behalf of this State
 4    with any of the United States legally joining therein in  the
 5    form substantially as follows:
 6                             ARTICLE I:
 7                               PURPOSE
 8        (a)  The  compacting  states  to  this Interstate Compact
 9    recognize that each state is responsible for the  supervision
10    of  adult  offenders  in  the  community  who  are authorized
11    pursuant to the Bylaws and Rules of this  compact  to  travel
12    across  state lines both to and from each compacting state in
13    such a  manner  as  to:  track  the  location  of  offenders,
14    transfer  supervision  authority  in an orderly and efficient
15    manner,  and  when  necessary   return   offenders   to   the
16    originating   jurisdictions.   The   compacting  states  also
17    recognize that Congress, by enacting the Crime Control Act, 4
18    U.S.C. Section 112  (1965),  has  authorized  and  encouraged
19    compacts for cooperative efforts and mutual assistance in the
20    prevention of crime.
21        (b)  It is the purpose of this compact and the Interstate
22    Commission  created  hereunder,  through  means  of joint and
23    cooperative action among the compacting  states:  to  provide
24    the  framework for the promotion of public safety and protect
25    the rights of victims through the control and  regulation  of
26    the  interstate  movement  of  offenders in the community; to
27    provide  for  the  effective   tracking,   supervision,   and
28    rehabilitation   of   these  offenders  by  the  sending  and
29    receiving states; and  to  equitably  distribute  the  costs,
30    benefits  and obligations of the compact among the compacting
31    states.
32        (c)  In addition, this compact will: create an Interstate
33    Commission which will establish uniform procedures to  manage
34    the  movement between states of adults placed under community
 
                            -3-                LRB9212660RCsb
 1    supervision  and  released  to  the   community   under   the
 2    jurisdiction  of courts, paroling authorities, corrections or
 3    other criminal justice agencies which will  promulgate  rules
 4    to achieve the purpose of this compact; ensure an opportunity
 5    for  input  and timely notice to victims and to jurisdictions
 6    where defined  offenders  are  authorized  to  travel  or  to
 7    relocate  across  state  lines; establish a system of uniform
 8    data collection, access to information  on  active  cases  by
 9    authorized  criminal justice officials, and regular reporting
10    of Compact activities  to  heads  of  state  councils,  state
11    executive,  judicial,  and  legislative branches and criminal
12    justice  administrators;  monitor   compliance   with   rules
13    governing  interstate  movement  of  offenders  and  initiate
14    interventions  to  address  and  correct  non-compliance; and
15    coordinate training and education  regarding  regulations  of
16    interstate  movement  of  offenders for officials involved in
17    such activity.
18        (d)  The compacting states recognize  that  there  is  no
19    "right"  of  any  offender  to live in another state and that
20    duly accredited officers of a sending state may at all  times
21    enter  a  receiving  state and there apprehend and retake any
22    offender under supervision subject to the provisions of  this
23    compact and Bylaws and Rules promulgated hereunder. It is the
24    policy of the compacting states that the activities conducted
25    by the Interstate Commission created herein are the formation
26    of public policies and are therefore public business.
27                             ARTICLE II:
28                             DEFINITIONS
29        As  used  in  this  compact,  unless  the context clearly
30    requires a different construction:
31             (1)  "Adult"   means   both   individuals    legally
32        classified  as  adults and juveniles treated as adults by
33        court order, statute, or operation of law.
34             (2)  "By-laws" mean those by-laws established by the
 
                            -4-                LRB9212660RCsb
 1        Interstate  Commission  for  its   governance,   or   for
 2        directing  or  controlling  the  Interstate  Commission's
 3        actions or conduct.
 4             (3)  "Compact Administrator" means the individual in
 5        each  compacting state appointed pursuant to the terms of
 6        this  compact  responsible  for  the  administration  and
 7        management of the state's  supervision  and  transfer  of
 8        offenders subject to the terms of this compact, the rules
 9        adopted by the Interstate Commission and policies adopted
10        by the State Council under this compact.
11             (4)  "Compacting  state"  means  any state which has
12        enacted the enabling legislation for this compact.
13             (5)  "Commissioner" means the voting  representative
14        of  each  compacting  state appointed pursuant to Article
15        III of this compact.
16             (6)  Interstate  Commission"  means  the  Interstate
17        Commission for Adult Offender Supervision established  by
18        this compact.
19             (7)  "Member" means the commissioner of a compacting
20        state  or  designee,  who  shall  be  a person officially
21        connected with the commissioner.
22             (8)  "Non Compacting state" means  any  state  which
23        has   not  enacted  the  enabling  legislation  for  this
24        compact.
25             (9)  "Offender" means  an  adult  placed  under,  or
26        subject  to,  supervision as the result of the commission
27        of a criminal offense and released to the community under
28        the  jurisdiction  of   courts,   paroling   authorities,
29        corrections, or other criminal justice agencies.
30             (10)  "Person"  means  any  individual, corporation,
31        business enterprise, or other legal entity, either public
32        or private.
33             (11)  Rules"   means   acts   of   the    Interstate
34        Commission,  duly  promulgated pursuant to Article VII of
 
                            -5-                LRB9212660RCsb
 1        this compact, substantially affecting interested  parties
 2        in  addition  to  the  Interstate Commission, which shall
 3        have the force  and  effect  of  law  in  the  compacting
 4        states.
 5             (12)  "State"  means  a  state of the United States,
 6        the  District  of  Columbia  and  any  other  territorial
 7        possessions of the United States.
 8             (13)  "State Council" means the resident members  of
 9        the   State  Council  for     Interstate  Adult  Offender
10        Supervision created by each state under  Article  III  of
11        this compact.
12                            ARTICLE III:
13                       THE COMPACT COMMISSION
14        (a)  The  compacting states hereby create the "Interstate
15    Commission for Adult Offender  Supervision."  The  Interstate
16    Commission  shall be a body corporate and joint agency of the
17    compacting states. The Interstate Commission shall  have  all
18    the  responsibilities,  powers  and  duties set forth herein,
19    including the power to sue and be sued, and  such  additional
20    powers  as  may  be conferred upon it by subsequent action of
21    the respective  legislatures  of  the  compacting  states  in
22    accordance with the terms of this compact.
23        (b)  The   Interstate   Commission   shall   consist   of
24    Commissioners selected and appointed by resident members of a
25    State  Council  for Interstate Adult Offender Supervision for
26    each state.
27        (c)  In addition to the Commissioners who are the  voting
28    representatives  of  each  state,  the  Interstate Commission
29    shall include individuals who are not commissioners  but  who
30    are     members    of    interested    organizations;    such
31    non-commissioner  members  must  include  a  member  of   the
32    national organizations of governors, legislators, state chief
33    justices,   attorneys   general   and   crime   victims.  All
34    non-commissioner members of the Interstate  Commission  shall
 
                            -6-                LRB9212660RCsb
 1    be ex-officio (nonvoting)  members. The Interstate Commission
 2    may  provide  in its by-laws for such additional, ex-officio,
 3    non-voting members as it deems necessary.
 4        (d)  Each compacting state represented at any meeting  of
 5    the Interstate Commission is entitled to one vote. A majority
 6    of  the  compacting  states shall constitute a quorum for the
 7    transaction of business, unless a larger quorum  is  required
 8    by  the  by-laws of the Interstate Commission. The Interstate
 9    Commission shall meet at least once each calendar  year.  The
10    chairperson  may  call  additional  meetings  and,  upon  the
11    request   of   27  or  more  compacting  states,  shall  call
12    additional meetings. Public notice  shall  be  given  of  all
13    meetings and meetings shall be open to the public.
14        (e)  The   Interstate   Commission   shall  establish  an
15    Executive Committee which shall include commission  officers,
16    members and others as shall be determined by the By-laws. The
17    Executive  Committee shall have the power to act on behalf of
18    the Interstate Commission during periods when the  Interstate
19    Commission   is   not  in  session,  with  the  exception  of
20    rulemaking and/or amendment to  the  Compact.  The  Executive
21    Committee  oversees  the day-to-day activities managed by the
22    Executive   Director   and   Interstate   Commission   staff;
23    administers enforcement and compliance with the provisions of
24    the compact, its by-laws and as directed  by  the  Interstate
25    Commission   and   performs   other  duties  as  directed  by
26    Commission or set forth in the By-laws.
27                             ARTICLE IV:
28                          THE STATE COUNCIL
29        (a)  Each member state shall create a State  Council  for
30    Interstate   Adult   Offender   Supervision  which  shall  be
31    responsible for the appointment of the commissioner who shall
32    serve on the Interstate Commission from that state.
33        (b)  Each state council shall appoint as its commissioner
34    the Compact Administrator from the  state  to  serve  on  the
 
                            -7-                LRB9212660RCsb
 1    Interstate  Commission  in such capacity under or pursuant to
 2    applicable law of the member state. While each  member  state
 3    may  determine  the  membership of its own state council, its
 4    membership must include at least one representative from  the
 5    legislative,  judicial, and executive branches of government,
 6    victims groups, and compact administrators.  Each  compacting
 7    state  retains  the  right to determine the qualifications of
 8    the Compact Administrator who shall be appointed by the state
 9    council  or  by  the  Governor  in  consultation   with   the
10    Legislature and the Judiciary.
11        (c)  In  addition  to  appointment of its commissioner to
12    the National Interstate Commission, each state council  shall
13    exercise  oversight and advocacy concerning its participation
14    in Interstate Commission activities and other duties  as  may
15    be  determined by each member state including but not limited
16    to,  development  of   policy   concerning   operations   and
17    procedures of the compact within that state.
18                             ARTICLE V:
19           POWERS AND DUTIES OF THE INTERSTATE COMMISSION
20        (a)  The  Interstate  Commission shall have the following
21    powers:
22             (1)  To adopt a seal and suitable by-laws  governing
23        the   management   and   operation   of   the  Interstate
24        Commission.
25             (2)  To promulgate rules which shall have the  force
26        and  effect  of statutory law and shall be binding in the
27        compacting  states  to  the  extent  and  in  the  manner
28        provided in this compact.
29             (3)  To  oversee,  supervise  and   coordinate   the
30        interstate  movement of offenders subject to the terms of
31        this  compact  and  any   by-laws   adopted   and   rules
32        promulgated by the compact commission.
33             (4)  To  enforce compliance with compact provisions,
34        Interstate  Commission  rules,  and  by-laws,  using  all
 
                            -8-                LRB9212660RCsb
 1        necessary and proper means, including but not limited to,
 2        the use of judicial process.
 3             (5)  To establish and maintain offices.
 4             (6)  To purchase and maintain insurance and bonds.
 5             (7)  To borrow, accept, or contract for services  of
 6        personnel,  including,  but  not  limited to, members and
 7        their staffs.
 8             (8)  To establish and appoint  committees  and  hire
 9        staff  which  it  deems necessary for the carrying out of
10        its functions including, but not limited to, an executive
11        committee as required by Article III which shall have the
12        power to act on behalf of the  Interstate  Commission  in
13        carrying out its powers and duties hereunder.
14             (9)  To  elect  or appoint such officers, attorneys,
15        employees, agents,  or  consultants,  and  to  fix  their
16        compensation,  define  their  duties  and determine their
17        qualifications;   and   to   establish   the   Interstate
18        Commission's personnel policies and programs relating to,
19        among other  things,  conflicts  of  interest,  rates  of
20        compensation, and qualifications of personnel.
21             (10)  To  accept any and all donations and grants of
22        money, equipment, supplies, materials, and services,  and
23        to receive, utilize, and dispose of same.
24             (11)  To  lease,  purchase,  accept contributions or
25        donations of, or otherwise to own, hold, improve  or  use
26        any property, real, personal, or mixed.
27             (12)  To  sell,  convey,  mortgage,  pledge,  lease,
28        exchange,  abandon, or otherwise dispose of any property,
29        real, personal or mixed.
30             (13)  To establish a budget  and  make  expenditures
31        and levy dues as provided in Article IX of this compact.
32             (14)  To sue and be sued.
33             (15)  To   provide   for  dispute  resolution  among
34        Compacting States.
 
                            -9-                LRB9212660RCsb
 1             (16)  To perform such functions as may be  necessary
 2        or appropriate to achieve the purposes of this compact.
 3             (17)  To   report   annually  to  the  legislatures,
 4        governors,  judiciary,  and   state   councils   of   the
 5        compacting   states  concerning  the  activities  of  the
 6        Interstate Commission during  the  preceding  year.  Such
 7        reports  shall  also include any recommendations that may
 8        have been adopted by the Interstate Commission.
 9             (18)  To coordinate education, training  and  public
10        awareness  regarding the interstate movement of offenders
11        for officials involved in such activity.
12             (19)  To  establish  uniform   standards   for   the
13        reporting, collecting, and exchanging of data.
14                             ARTICLE VI:
15            ORGANIZATION AND OPERATION OF THE INTERSTATE
16                             COMMISSION
17        (a)  By-laws.    The  Interstate  Commission  shall, by a
18    majority of the Members, within twelve months  of  the  first
19    Interstate  Commission  meeting,  adopt By-laws to govern its
20    conduct as may be necessary or appropriate to carry  out  the
21    purposes of the Compact, including, but not limited to:
22             (1)  establishing  the fiscal year of the Interstate
23        Commission;
24             (2)  establishing an executive  committee  and  such
25        other committees as may be necessary;
26             (3)  providing reasonable standards and procedures:
27                  (i)  for the establishment of committees, and
28                  (ii)  governing   any   general   or   specific
29             delegation  of  any  authority  or  function  of the
30             Interstate Commission;
31             (4)  providing reasonable procedures for calling and
32        conducting meetings of  the  Interstate  Commission,  and
33        ensuring reasonable notice of each such meeting;
34             (5)  establishing the titles and responsibilities of
 
                            -10-               LRB9212660RCsb
 1        the officers of the Interstate Commission;
 2             (6)  providing  reasonable  standards and procedures
 3        for the  establishment  of  the  personnel  policies  and
 4        programs  of  the  Interstate Commission. Notwithstanding
 5        any civil service or other similar laws of any Compacting
 6        State, the By-laws shall exclusively govern the personnel
 7        policies and programs of the Interstate Commission;
 8             (7)  providing  a  mechanism  for  winding  up   the
 9        operations of the Interstate Commission and the equitable
10        return  of  any  surplus  funds  that  may exist upon the
11        termination of  the  Compact  after  the  payment  and/or
12        reserving of all of its debts and obligations;
13             (8)  providing   transition  rules  for  "start  up"
14        administration of the compact;
15             (9)  establishing  standards  and   procedures   for
16        compliance  and  technical assistance in carrying out the
17        compact.
18        (b)  Officers and Staff.
19             (1)  The Interstate Commission shall, by a  majority
20        of   the   Members,   elect  from  among  its  Members  a
21        chairperson and a vice chairperson, each  of  whom  shall
22        have  such  authorities and duties as may be specified in
23        the By-laws. The chairperson or, in his or her absence or
24        disability, the vice chairperson, shall  preside  at  all
25        meetings  of  the  Interstate Commission. The Officers so
26        elected shall serve without compensation or  remuneration
27        from the Interstate Commission; PROVIDED THAT, subject to
28        the availability of budgeted funds, the officers shall be
29        reimbursed   for  any  actual  and  necessary  costs  and
30        expenses incurred by them in  the  performance  of  their
31        duties and responsibilities as officers of the Interstate
32        Commission.
33             (2)  The  Interstate  Commission  shall, through its
34        executive  committee,  appoint  or  retain  an  executive
 
                            -11-               LRB9212660RCsb
 1        director for such period, upon such terms and  conditions
 2        and  for  such  compensation as the Interstate Commission
 3        may deem appropriate. The executive director shall  serve
 4        as  secretary  to the Interstate Commission, and hire and
 5        supervise such other staff as may be  authorized  by  the
 6        Interstate Commission, but shall not be a member.
 7        (c)  Corporate  Records of the Interstate Commission. The
 8    Interstate Commission shall maintain its corporate books  and
 9    records in accordance with the By-laws.
10        (d)  Qualified Immunity, Defense and Indemnification.
11             (1)  The  Members,  officers, executive director and
12        employees of the Interstate   Commission shall be  immune
13        from  suit  and  liability, either personally or in their
14        official capacity, for any claim for damage to or loss of
15        property or personal  injury  or  other  civil  liability
16        caused or arising out of any actual or alleged act, error
17        or  omission that occurred within the scope of Interstate
18        Commission  employment,   duties   or   responsibilities;
19        PROVIDED,   that  nothing  in  this  paragraph  shall  be
20        construed to protect any such  person  from  suit  and/or
21        liability  for  any  damage,  loss,  injury  or liability
22        caused  by  the  intentional  or   willful   and   wanton
23        misconduct of any such person.
24             (2)  The  Interstate  Commission  shall  defend  the
25        Commissioner  of  a  Compacting  State,  or  his  or  her
26        representatives   or   employees,   or   the   Interstate
27        Commission's  representatives  or employees, in any civil
28        action seeking to impose liability, arising  out  of  any
29        actual  or  alleged  act, error or omission that occurred
30        within the scope  of  Interstate  Commission  employment,
31        duties  or  responsibilities, or that the defendant had a
32        reasonable basis for believing occurred within the  scope
33        of    Interstate   Commission   employment,   duties   or
34        responsibilities; PROVIDED, that the  actual  or  alleged
 
                            -12-               LRB9212660RCsb
 1        act,  error  or  omission did not result from intentional
 2        wrongdoing on the part of such person.
 3             (3)  The Interstate Commission shall  indemnify  and
 4        hold   the   Commissioner  of  a  Compacting  State,  the
 5        appointed  designee  or  employees,  or  the   Interstate
 6        Commission's  representatives  or  employees, harmless in
 7        the amount of any settlement or judgment obtained against
 8        such persons arising out of any actual  or  alleged  act,
 9        error  or  omission  that  occurred  within  the scope of
10        Interstate    Commission    employment,     duties     or
11        responsibilities,  or  that such persons had a reasonable
12        basis  for  believing  occurred  within  the   scope   of
13        Interstate     Commission     employment,    duties    or
14        responsibilities, provided, that the  actual  or  alleged
15        act,   error  or  omission  did  not  result  from  gross
16        negligence or intentional wrongdoing on the part of  such
17        person.
18                            ARTICLE VII:
19               ACTIVITIES OF THE INTERSTATE COMMISSION
20        (a)  The  Interstate  Commission shall meet and take such
21    actions  as  are  consistent  with  the  provisions  of  this
22    Compact.
23        (b)  Except as otherwise provided  in  this  Compact  and
24    unless  a  greater  percentage is required by the By-laws, in
25    order to constitute an act of the Interstate Commission, such
26    act shall have been taken at  a  meeting  of  the  Interstate
27    Commission  and  shall have received an affirmative vote of a
28    majority of the members present.
29        (c)  Each Member of the Interstate Commission shall  have
30    the  right  and power to cast a vote to which that Compacting
31    State is entitled and to  participate  in  the  business  and
32    affairs  of the Interstate Commission. A member shall vote in
33    person on behalf of the state and shall not delegate  a  vote
34    to  another  member  state.  However,  a  State Council shall
 
                            -13-               LRB9212660RCsb
 1    appoint another authorized representative, in the absence  of
 2    the commissioner from that state, to cast a vote on behalf of
 3    the  member  state  at  a  specified meeting. The By-laws may
 4    provide for Members' participation in meetings  by  telephone
 5    or   other   means   of   telecommunication   or   electronic
 6    communication.  Any  voting  conducted by telephone, or other
 7    means of telecommunication or electronic communication  shall
 8    be  subject to the same quorum requirements of meetings where
 9    members are present in person.
10        (d)  The Interstate Commission shall meet at  least  once
11    during  each calendar year. The chairperson of the Interstate
12    Commission may call additional meetings at any time and, upon
13    the  request  of  a  majority  of  the  Members,  shall  call
14    additional meetings.
15        (e)  The Interstate Commission's By-laws shall  establish
16    conditions   and   procedures   under  which  the  Interstate
17    Commission shall make its information  and  official  records
18    available  to  the  public  for  inspection  or  copying. The
19    Interstate  Commission  may  exempt   from   disclosure   any
20    information  or  official  records  to  the extent they would
21    adversely  affect  personal  privacy  rights  or  proprietary
22    interests.  In  promulgating  such  Rules,   the   Interstate
23    Commission  may  make  available  to law enforcement agencies
24    records and information otherwise exempt from disclosure, and
25    may enter into agreements with law  enforcement  agencies  to
26    receive  or  exchange  information or records subject to non-
27    disclosure and confidentiality provisions.
28        (f)  Public notice shall be given of all meetings and all
29    meetings shall be open to the public, except as set forth  in
30    the  Rules  or  as  otherwise  provided  in  the Compact. The
31    Interstate Commission shall promulgate Rules consistent  with
32    the principles contained in the "Government in Sunshine Act,"
33    5  U.S.C.  Section  552(b), as may be amended. The Interstate
34    Commission and any of its committees may close a  meeting  to
 
                            -14-               LRB9212660RCsb
 1    the  public  where  it  determines by two-thirds vote that an
 2    open meeting would be likely to:
 3             (1)  relate solely to  the  Interstate  Commission's
 4        internal personnel practices and procedures;
 5             (2)  disclose  matters  specifically  exempted  from
 6        disclosure by statute;
 7             (3)  disclose   trade   secrets   or  commercial  or
 8        financial   information   which    is    privileged    or
 9        confidential;
10             (4)  involve  accusing  any  person  of  a crime, or
11        formally censuring any person;
12             (5)  disclose information of a personal nature where
13        disclosure  would  constitute   a   clearly   unwarranted
14        invasion of personal privacy;
15             (6)  disclose investigatory records compiled for law
16        enforcement purposes;
17             (7)  disclose information contained in or related to
18        examination,  operating or condition reports prepared by,
19        or on behalf  of  or  for  the  use  of,  the  Interstate
20        Commission  with  respect  to  a regulated entity for the
21        purpose of regulation or supervision of such entity;
22             (8)  disclose information, the premature  disclosure
23        of  which  would  significantly  endanger  the  life of a
24        person or the stability of a regulated entity;
25             (9)  specifically   relate   to    the    Interstate
26        Commission's issuance of a subpoena, or its participation
27        in a civil action or proceeding.
28        (g)  For every meeting closed pursuant to this provision,
29    the   Interstate   Commission's  chief  legal  officer  shall
30    publicly certify that, in his or her opinion, the meeting may
31    be closed to the public, and shall  reference  each  relevant
32    exemptive  provision.  The  Interstate  Commission shall keep
33    minutes which shall fully and clearly  describe  all  matters
34    discussed  in  any  meeting  and  shall  provide  a  full and
 
                            -15-               LRB9212660RCsb
 1    accurate summary  of  any  actions  taken,  and  the  reasons
 2    therefor,  including  a  description  of  each  of  the views
 3    expressed on any item and the record of any  roll  call  vote
 4    (reflected  in  the vote of each Member on the question). All
 5    documents considered in connection with any action  shall  be
 6    identified in such minutes.
 7        (h)  The Interstate Commission shall collect standardized
 8    data  concerning  the  interstate  movement  of  offenders as
 9    directed through its By-laws and Rules  which  shall  specify
10    the  data  to  be collected, the means of collection and data
11    exchange and reporting requirements.
12                            ARTICLE VIII:
13          RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
14        (a)  The Interstate Commission shall promulgate Rules  in
15    order  to effectively and efficiently achieve the purposes of
16    the   Compact   including    transition    rules    governing
17    administration  of  the compact during the period in which it
18    is being considered and enacted by the states.
19        (b)  Rulemaking shall occur pursuant to the criteria  set
20    forth  in  this  Article  and  the  By-laws and Rules adopted
21    pursuant thereto. Such rulemaking shall substantially conform
22    to the principles of  the  federal  Administrative  Procedure
23    Act, 5 U.S.C.S. section 551 et seq., and the Federal Advisory
24    Committee  Act,  5 U.S.C.S. app. 2, section 1 et seq., as may
25    be amended (hereinafter  "APA").  All  Rules  and  amendments
26    shall become binding as of the date specified in each Rule or
27    amendment.
28        (c)  If  a majority of the legislatures of the Compacting
29    States  rejects  a  Rule,  by  enactment  of  a  statute   or
30    resolution in the same manner used to adopt the compact, then
31    such  Rule  shall  have  no  further  force and effect in any
32    Compacting State.
33        (d)  When promulgating a Rule, the Interstate  Commission
34    shall:
 
                            -16-               LRB9212660RCsb
 1             (1)  publish   the   proposed   Rule   stating  with
 2        particularity the text of the Rule which is proposed  and
 3        the reason for the proposed Rule;
 4             (2)  allow  persons  to  submit written data, facts,
 5        opinions  and  arguments,  which  information  shall   be
 6        publicly available;
 7             (3)  provide an opportunity for an informal hearing;
 8        and
 9             (4)  promulgate a final Rule and its effective date,
10        if appropriate, based on the rulemaking record.
11        (e)  Not   later   than   sixty  days  after  a  Rule  is
12    promulgated, any interested person may file a petition in the
13    United States District Court for the District of Columbia  or
14    in   the   Federal   District   Court  where  the  Interstate
15    Commission's principal office is located for judicial  review
16    of  such  Rule.  If  the  court  finds  that  the  Interstate
17    Commission's  action is not supported by substantial evidence
18    (as defined in the APA), in the rulemaking record, the  court
19    shall hold the Rule unlawful and set it aside. Subjects to be
20    addressed  within 12 months after the first meeting must at a
21    minimum include:
22             (1)  notice to victims and opportunity to be heard;
23             (2)  offender registration and compliance;
24             (3)  violations/returns;
25             (4)  transfer procedures and forms;
26             (5)  eligibility for transfer;
27             (6)  collection  of  restitution   and   fees   from
28        offenders;
29             (7)  data collection and reporting;
30             (8)  the  level of supervision to be provided by the
31        receiving state;
32             (9)  transition rules governing the operation of the
33        compact and the Interstate Commission during all or  part
34        of  the  period between the effective date of the compact
 
                            -17-               LRB9212660RCsb
 1        and the date on which the last eligible state adopts  the
 2        compact;
 3             (10)  Mediation, arbitration and dispute resolution.
 4        (f)  The  existing  rules  governing the operation of the
 5    previous compact superseded by this Act  shall  be  null  and
 6    void  twelve  (12)  months  after  the  first  meeting of the
 7    Interstate Commission created hereunder.
 8        (g)  Upon determination by the Interstate Commission that
 9    an emergency exists, it  may  promulgate  an  emergency  rule
10    which  shall  become  effective  immediately  upon  adoption,
11    provided   that  the  usual  rulemaking  procedures  provided
12    hereunder shall be retroactively applied to said rule as soon
13    as reasonably possible, in no event later than 90 days  after
14    the effective date of the rule.
15                             ARTICLE IX:
16        OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE
17                        INTERSTATE COMMISSION
18        (a)  Oversight.
19             (1)  The  Interstate  Commission  shall  oversee the
20        interstate movement of adult offenders in the  compacting
21        states   and   shall   monitor   such   activities  being
22        administered   in   Non-compacting   States   which   may
23        significantly affect Compacting States.
24             (2)  The  courts  and  executive  agencies  in  each
25        Compacting State shall enforce  this  Compact  and  shall
26        take  all actions necessary and appropriate to effectuate
27        the Compact's purposes and intent.  In  any  judicial  or
28        administrative   proceeding   in   a   Compacting   State
29        pertaining  to  the  subject matter of this Compact which
30        may affect the powers, responsibilities or actions of the
31        Interstate Commission, the Interstate Commission shall be
32        entitled to receive all service of process  in  any  such
33        proceeding,  and  shall have standing to intervene in the
34        proceeding for all purposes.
 
                            -18-               LRB9212660RCsb
 1        (b)  Dispute Resolution.
 2             (1)  The  Compacting  States  shall  report  to  the
 3        Interstate Commission on issues or activities of  concern
 4        to  them,  and  cooperate with and support the Interstate
 5        Commission  in  the   discharge   of   its   duties   and
 6        responsibilities.
 7             (2)  The  Interstate  Commission  shall  attempt  to
 8        resolve any disputes or other issues which are subject to
 9        the  Compact  and which may arise among Compacting States
10        and Non-compacting States.
11             (3)  The Interstate Commission shall enact a  By-law
12        or  promulgate  a  Rule  providing for both mediation and
13        binding  dispute  resolution  for  disputes   among   the
14        Compacting States.
15        (c)  Enforcement.   The  Interstate  Commission,  in  the
16    reasonable exercise of  its  discretion,  shall  enforce  the
17    provisions  of  this compact using any or all means set forth
18    in Article XII, Section (b), of this compact.
19                             ARTICLE X:
20                               FINANCE
21        (a)  The Interstate Commission shall pay or  provide  for
22    the  payment of the reasonable expenses of its establishment,
23    organization and ongoing activities.
24        (b)  The Interstate Commission shall levy on and  collect
25    an  annual assessment from each Compacting State to cover the
26    cost  of  the  internal  operations  and  activities  of  the
27    Interstate Commission and its staff which must be in a  total
28    amount sufficient to cover the Interstate Commission's annual
29    budget as approved each year. The aggregate annual assessment
30    amount  shall  be  allocated  based  upon  a  formula  to  be
31    determined   by   the   Interstate  Commission,  taking  into
32    consideration the population of the state and the  volume  of
33    interstate movement of offenders in each Compacting State and
34    shall  promulgate  a  Rule binding upon all Compacting States
 
                            -19-               LRB9212660RCsb
 1    which governs said assessment.
 2        (c)  The  Interstate  Commission  shall  not  incur   any
 3    obligations  of any kind prior to securing the funds adequate
 4    to meet the same; nor shall the Interstate Commission  pledge
 5    the  credit  of  any  of the compacting states, except by and
 6    with the authority of the compacting state.
 7        (d)  The  Interstate  Commission  shall   keep   accurate
 8    accounts  of all receipts and disbursements. The receipts and
 9    disbursements of the Interstate Commission shall  be  subject
10    to  the audit and accounting procedures established under its
11    By-laws. However, all receipts  and  disbursements  of  funds
12    handled  by the Interstate Commission shall be audited yearly
13    by a certified or licensed public accountant and  the  report
14    of  the  audit  shall  be  included in and become part of the
15    annual report of the Interstate Commission.
16                             ARTICLE XI:
17           COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
18        (a)  Any state, as defined in Article II of this compact,
19    is eligible to become a Compacting State.
20        (b)  The Compact shall become effective and binding  upon
21    legislative enactment of the Compact into law by no less than
22    35  of  the  States.  The initial effective date shall be the
23    later of July 1, 2001, or upon enactment into law by the 35th
24    jurisdiction.  Thereafter  it  shall  become  effective   and
25    binding,  as to any other Compacting State, upon enactment of
26    the  Compact  into  law  by  that  State.  The  governors  of
27    Non-member states or  their  designees  will  be  invited  to
28    participate  in  Interstate  Commission  activities on a non-
29    voting basis prior to adoption of the compact by  all  states
30    and territories of the United States.
31        (c)  Amendments  to  the  Compact  may be proposed by the
32    Interstate Commission for enactment by the Compacting States.
33    No amendment shall become  effective  and  binding  upon  the
34    Interstate  Commission  and  the Compacting States unless and
 
                            -20-               LRB9212660RCsb
 1    until it is enacted into law  by  unanimous  consent  of  the
 2    Compacting States.
 3                            ARTICLE XII:
 4           WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL
 5                             ENFORCEMENT
 6        (a)  Withdrawal.
 7             (1)  Once  effective,  the Compact shall continue in
 8        force and remain binding upon each and  every  Compacting
 9        State;  PROVIDED,  that  a  Compacting State may withdraw
10        from the Compact  ("Withdrawing  State")  by  enacting  a
11        statute  specifically repealing the statute which enacted
12        the Compact into law.
13             (2)  The  effective  date  of  withdrawal   is   the
14        effective date of the repeal.
15             (3)  The  Withdrawing State shall immediately notify
16        the Chairperson of the Interstate Commission  in  writing
17        upon  the  introduction  of  legislation  repealing  this
18        Compact   in   the   Withdrawing  State.  The  Interstate
19        Commission shall notify the other  Compacting  States  of
20        the  Withdrawing  State's intent to withdraw within sixty
21        days of its receipt thereof.
22             (4)  The Withdrawing State is  responsible  for  all
23        assessments, obligations and liabilities incurred through
24        the   effective   date   of   withdrawal,  including  any
25        obligations, the performance of which extend  beyond  the
26        effective date of withdrawal.
27             (5)  Reinstatement   following   withdrawal  of  any
28        Compacting State shall occur upon the  Withdrawing  State
29        reenacting  the  Compact  or  upon  such  later  date  as
30        determined by the Interstate Commission.
31        (b)  Default.
32             (1)  If  the  Interstate  Commission determines that
33        any  Compacting  State  has   at   any   time   defaulted
34        ("Defaulting  State")  in  the  performance of any of its
 
                            -21-               LRB9212660RCsb
 1        obligations or responsibilities under this  Compact,  the
 2        By-laws  or  any  duly  promulgated Rules, the Interstate
 3        Commission  may  impose  any  or  all  of  the  following
 4        penalties:
 5                  (i)  Fines, fees and costs in such  amounts  as
 6             are   deemed  to  be  reasonable  as  fixed  by  the
 7             Interstate Commission;
 8                  (ii)  Remedial    training    and     technical
 9             assistance as directed by the Interstate Commission;
10                  (iii)  Suspension and termination of membership
11             in  the  compact.  Suspension  shall be imposed only
12             after  all  other  reasonable  means   of   securing
13             compliance  under  the  By-laws  and Rules have been
14             exhausted. Immediate notice of suspension  shall  be
15             given  by the Interstate Commission to the Governor,
16             the Chief Justice or Chief Judicial Officer  of  the
17             state,  the  majority  and  minority  leaders of the
18             defaulting  state's  legislature,  and   the   State
19             Council.
20             (2)  The  grounds  for  default include, but are not
21        limited to, failure of a Compacting State to perform such
22        obligations or responsibilities imposed upon it  by  this
23        compact,   Interstate   Commission   By-laws,   or   duly
24        promulgated   Rules.   The  Interstate  Commission  shall
25        immediately notify the Defaulting State in writing of the
26        penalty imposed  by  the  Interstate  Commission  on  the
27        Defaulting  State  pending  a  cure  of  the default. The
28        Interstate Commission shall stipulate the conditions  and
29        the  time  period  within which the Defaulting State must
30        cure its default. If the Defaulting State fails  to  cure
31        the  default  within  the  time  period  specified by the
32        Interstate Commission, in addition to any other penalties
33        imposed herein, the Defaulting State  may  be  terminated
34        from  the  Compact upon an affirmative vote of a majority
 
                            -22-               LRB9212660RCsb
 1        of the Compacting States and all rights,  privileges  and
 2        benefits  conferred  by  this Compact shall be terminated
 3        from the effective date of suspension. Within sixty  days
 4        of  the  effective  date  of  termination of a Defaulting
 5        State,  the  Interstate  Commission  shall   notify   the
 6        Governor, the Chief Justice or Chief Judicial Officer and
 7        the  Majority  and  Minority  Leaders  of  the Defaulting
 8        State's  legislature  and  the  state  council  of   such
 9        termination.
10             (3)  The  Defaulting  State  is  responsible for all
11        assessments, obligations and liabilities incurred through
12        the  effective  date   of   termination   including   any
13        obligations,  the performance of which extends beyond the
14        effective date of termination.
15             (4)  The Interstate Commission shall  not  bear  any
16        costs  relating  to the Defaulting State unless otherwise
17        mutually agreed upon between  the  Interstate  Commission
18        and the Defaulting State.
19             (5)  Reinstatement   following  termination  of  any
20        Compacting State  requires  both  a  reenactment  of  the
21        Compact  by  the Defaulting State and the approval of the
22        Interstate Commission pursuant to the Rules.
23        (c)  Judicial Enforcement. The Interstate Commission may,
24    by majority vote of the Members, initiate legal action in the
25    United States District Court for the District of Columbia or,
26    at the  discretion  of  the  Interstate  Commission,  in  the
27    Federal  District  where  the  Interstate  Commission has its
28    offices to enforce compliance  with  the  provisions  of  the
29    Compact,  its duly promulgated Rules and By-laws, against any
30    Compacting  State  in  default.   In   the   event   judicial
31    enforcement  is  necessary  the  prevailing  party  shall  be
32    awarded  all  costs  of  such litigation including reasonable
33    attorneys fees.
34        (d)  Dissolution of Compact.
 
                            -23-               LRB9212660RCsb
 1             (1)  The Compact dissolves effective upon  the  date
 2        of  the  withdrawal  or  default  of the Compacting State
 3        which reduces membership in the Compact to one Compacting
 4        State.
 5             (2)  Upon  the  dissolution  of  this  Compact,  the
 6        Compact becomes null and void and shall be of no  further
 7        force  or  effect,  and  the  business and affairs of the
 8        Interstate Commission shall be wound up and  any  surplus
 9        funds   shall  be  distributed  in  accordance  with  the
10        By-laws.
11                            ARTICLE XIII:
12                    SEVERABILITY AND CONSTRUCTION
13        (a)  The provisions of this Compact shall  be  severable,
14    and  if  any  phrase, clause, sentence or provision is deemed
15    unenforceable, the remaining provisions of the Compact  shall
16    be enforceable.
17        (b)  The  provisions  of  this Compact shall be liberally
18    constructed to effectuate its purposes.
19                            ARTICLE XIV:
20              BINDING EFFECT OF COMPACT AND OTHER LAWS
21        (a)  Other Laws.
22             (1)  Nothing herein prevents the enforcement of  any
23        other  law of a Compacting State that is not inconsistent
24        with this Compact.
25             (2)  All Compacting States'  laws  conflicting  with
26        this   Compact  are  superseded  to  the  extent  of  the
27        conflict.
28        (b)  Binding Effect of the Compact.
29             (1)  All   lawful   actions   of   the    Interstate
30        Commission,  including  all Rules and By-laws promulgated
31        by  the  Interstate  Commission,  are  binding  upon  the
32        Compacting States.
33             (2)  All   agreements   between    the    Interstate
34        Commission  and  the  Compacting  States  are  binding in
 
                            -24-               LRB9212660RCsb
 1        accordance with their terms.
 2             (3)  Upon the request of a party to a conflict  over
 3        meaning   or   interpretation  of  Interstate  Commission
 4        actions, and upon  a  majority  vote  of  the  Compacting
 5        States,  the  Interstate  Commission  may  issue advisory
 6        opinions regarding such meaning or interpretation.
 7             (4)  In the event  any  provision  of  this  Compact
 8        exceeds   the   constitutional   limits  imposed  on  the
 9        legislature of any  Compacting  State,  the  obligations,
10        duties,  powers or jurisdiction sought to be conferred by
11        such provision upon the Interstate  Commission  shall  be
12        ineffective  and  such  obligations,  duties,  powers  or
13        jurisdiction  shall  remain  in  the Compacting State and
14        shall be exercised by the agency thereof  to  which  such
15        obligations, duties, powers or jurisdiction are delegated
16        by  law  in  effect  at  the  time  this  Compact becomes
17        effective.

18        Section 105.  The Illinois Administrative  Procedure  Act
19    is amended by changing Section 1-5 as follows:

20        (5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
21        Sec. 1-5.  Applicability.
22        (a)  This  Act applies to every agency as defined in this
23    Act. Beginning January 1, 1978, in case of  conflict  between
24    the provisions of this Act and the Act creating or conferring
25    power  on an agency, this Act shall control.  If, however, an
26    agency (or its predecessor in the case of an agency that  has
27    been  consolidated or reorganized) has existing procedures on
28    July 1, 1977, specifically for contested cases or  licensing,
29    those existing provisions control, except that this exception
30    respecting  contested  cases  and licensing does not apply if
31    the Act creating or conferring power on the agency adopts  by
32    express  reference the provisions of this Act.  Where the Act
 
                            -25-               LRB9212660RCsb
 1    creating  or  conferring  power  on  an  agency   establishes
 2    administrative  procedures  not  covered  by  this Act, those
 3    procedures shall remain in effect.
 4        (b)  The provisions of this  Act  do  not  apply  to  (i)
 5    preliminary  hearings,  investigations, or practices where no
 6    final determinations affecting State funding are made by  the
 7    State  Board  of  Education, (ii) legal opinions issued under
 8    Section 2-3.7 of the School Code, (iii) as to State  colleges
 9    and    universities,   their   disciplinary   and   grievance
10    proceedings, academic  irregularity  and  capricious  grading
11    proceedings, and admission standards and procedures, and (iv)
12    the   class   specifications  for  positions  and  individual
13    position  descriptions  prepared  and  maintained  under  the
14    Personnel Code.  Those class specifications  shall,  however,
15    be made reasonably available to the public for inspection and
16    copying.  The provisions of this Act do not apply to hearings
17    under  Section  20  of  the  Uniform Disposition of Unclaimed
18    Property Act.
19        (c)  Section 5-35 of this Act relating to procedures  for
20    rulemaking does not apply to the following:
21             (1)  Rules  adopted  by  the Pollution Control Board
22        that, in accordance with Section 7.2 of the Environmental
23        Protection Act, are identical  in  substance  to  federal
24        regulations    or   amendments   to   those   regulations
25        implementing the following: Sections  3001,  3002,  3003,
26        3004,  3005,  and  9003  of the Solid Waste Disposal Act;
27        Section 105 of the Comprehensive Environmental  Response,
28        Compensation, and Liability Act of 1980; Sections 307(b),
29        307(c),  307(d),  402(b)(8), and 402(b)(9) of the Federal
30        Water  Pollution  Control  Act;  and  Sections   1412(b),
31        1414(c),  1417(a), 1421, and 1445(a) of the Safe Drinking
32        Water Act.
33             (2)  Rules adopted by the  Pollution  Control  Board
34        that  establish  or  amend  standards for the emission of
 
                            -26-               LRB9212660RCsb
 1        hydrocarbons and carbon monoxide  from  gasoline  powered
 2        motor   vehicles  subject  to  inspection  under  Section
 3        13A-105 of the Vehicle Emissions Inspection Law and rules
 4        adopted under Section 13B-20  of  the  Vehicle  Emissions
 5        Inspection Law of 1995.
 6             (3)  Procedural   rules  adopted  by  the  Pollution
 7        Control Board governing  requests  for  exceptions  under
 8        Section 14.2 of the Environmental Protection Act.
 9             (4)  The  Pollution  Control Board's grant, pursuant
10        to an adjudicatory determination, of an adjusted standard
11        for persons who can justify an adjustment consistent with
12        subsection  (a)  of  Section  27  of  the   Environmental
13        Protection Act.
14             (5)  Rules  adopted  by  the Pollution Control Board
15        that  are  identical  in  substance  to  the  regulations
16        adopted by the Office of the  State  Fire  Marshal  under
17        clause (ii) of paragraph (b) of subsection (3) of Section
18        2 of the Gasoline Storage Act.
19        (d)  Pay  rates  established  under  Section  8a  of  the
20    Personnel  Code  shall be amended or repealed pursuant to the
21    process set forth in Section 5-50 within  30  days  after  it
22    becomes  necessary  to  do  so  due to a conflict between the
23    rates and the terms  of  a  collective  bargaining  agreement
24    covering  the  compensation  of  an  employee subject to that
25    Code.
26        (e)  Section 10-45 of this Act shall  not  apply  to  any
27    hearing, proceeding, or investigation conducted under Section
28    13-515 of the Public Utilities Act.
29        (f)  Article  10  of  this  Act  does  not  apply  to any
30    hearing, proceeding, or investigation conducted by the  State
31    Council  for  the  State  of  Illinois  created under Section
32    3-3-11.05 of the  Unified  Code  of  Corrections  or  by  the
33    Interstate  Commision  for Adult Offender Supervision created
34    under the Interstate Compact for Adult Offender Supervision.
 
                            -27-               LRB9212660RCsb
 1    (Source:  P.A.  90-9,  eff.  7-1-97;  90-185,  eff.  7-23-97;
 2    90-655, eff. 7-30-98.)

 3        Section 110.  The Unified Code of Corrections is  amended
 4    by  changing  Sections  3-3-11.1, 3-3-11.4, 3-3-11.5, 3-3-12,
 5    5-4-3, and 5-6-3 and adding Section 3-3-11.05 as follows:

 6        (730 ILCS 5/3-3-11.05 new)
 7        Sec. 3-3-11.05.  State Council for the State of Illinois.
 8        (a)  Membership and appointing authority.
 9             (1)  A  State   Compact   Administrator   shall   be
10        appointed  by  the  Governor.  The  Compact Administrator
11        shall be a representative of the Illinois  Department  of
12        Corrections  and  shall serve as Chairperson of the State
13        Council, as well as act as the  day-to-day  administrator
14        for   the   Interstate   Compact   for   Adult   Offender
15        Supervision.  The State Compact Administrator shall serve
16        as the State's Commissioner to the Interstate  Commission
17        as provided in Article IV of the Compact.
18             (2)  A  Deputy  Compact Administrator from probation
19        shall be appointed by the Supreme Court.
20             (3)  A representative  shall  be  appointed  by  the
21        Speaker of the House of Representatives.
22             (4)  A  representative  shall  be  appointed  by the
23        Minority Leader of the House of Representatives.
24             (5)  A representative  shall  be  appointed  by  the
25        President of the Senate.
26             (6)  A  representative  shall  be  appointed  by the
27        Minority Leader of the Senate.
28             (7)  A judicial representative shall be appointed by
29        the Supreme Court.
30             (8)  A representative from a crime victims' advocacy
31        group shall be appointed by the Governor.
32             (9)  A parole representative shall be  appointed  by
 
                            -28-               LRB9212660RCsb
 1        the Director of Corrections.
 2             (10)  A  probation representative shall be appointed
 3        by the Director  of  the  Administrative  Office  of  the
 4        Illinois Courts.
 5             (11)  The    persons    appointed    under   clauses
 6        (1)  through  (10)  of  this  subsection  (a)  shall   be
 7        voting members of the State Council. With the approval of
 8        the    State    Council,   persons   representing   other
 9        organizations that may have an interest  in  the  Compact
10        may  also  be appointed to serve as non-voting members of
11        the State  Council  by  those  interested  organizations.
12        Those  organizations may include, but are not limited to,
13        the  Illinois   Sheriffs'   Association,   the   Illinois
14        Association  of  Chiefs  of  Police, the Illinois State's
15        Attorneys  Association,  and  the  Office   of   Attorney
16        General.
17        (b)  Terms of appointment.
18             (1)  The   Compact   Administrator  and  the  Deputy
19        Compact Administrator from Probation shall serve  at  the
20        will of their respective appointing authorities.
21             (2)  The     crime     victims'    advocacy    group
22        representative and the judicial representative shall each
23        serve an initial term of 2 years. Thereafter, they  shall
24        each serve for a term of 4 years.
25             (3)  The representatives appointed by the Speaker of
26        the  House  of  representatives,  the  President  of  the
27        Senate,   the   Minority   Leader   of   the   House   of
28        representatives,  and  the  Minority Leader of the Senate
29        shall each serve for a term of 4 years. If one  of  these
30        representatives   shall   not  be  able  to  fulfill  the
31        completion   of   his   or   her   term,   then   another
32        representative  shall  be  appointed  by   his   or   her
33        respective  appointing authority for the remainder of his
34        or her term.
 
                            -29-               LRB9212660RCsb
 1             (4)  The probation  representative  and  the  parole
 2        representative shall each serve a term of 2 years.
 3        (c)  Duties and responsibilities.
 4             (1)  The  duties  and  responsibilities of the State
 5        Council shall be:
 6                  (A)  To appoint the State Compact Administrator
 7             as  Illinois'   Commissioner   on   the   Interstate
 8             Commission.
 9                  (B)  To  develop  by-laws  for the operation of
10             the State Council.
11                  (C)  To establish policies and  procedures  for
12             the Interstate Compact operations in Illinois.
13                  (D)  To    monitor    and   remediate   Compact
14             compliance issues in Illinois.
15                  (E)  To  promote  system  training  and  public
16             awareness  regarding  the  Compact's   mission   and
17             mandates.
18                  (F)  To   meet   at  least  twice  a  year  and
19             otherwise as called by the Chairperson.
20                  (G)  To allow for the appointment of non-voting
21             members as deemed appropriate.
22                  (H)  To issue rules in accordance with  Article
23             5 of the Illinois Administrative Procedure Act.
24                  (I)  To publish Interstate Commission rules.
25        (d)  Funding.  The  State  shall appropriate funds to the
26    Department of Corrections to support the  operations  of  the
27    State  Council  and  its  membership  dues  to the Interstate
28    Commission.
29        (e)  Penalties. Procedures for  assessment  of  penalties
30    imposed  pursuant  to  Article  XII  of  the Compact shall be
31    established by the State Council.
32        (f)  Notification of ratification of Compact.  The  State
33    Compact Administrator shall notify the Governor and Secretary
34    of State when 35 States have enacted the Compact.
 
                            -30-               LRB9212660RCsb
 1        (730 ILCS 5/3-3-11.1) (from Ch. 38, par. 1003-3-11.1)
 2        Sec.   3-3-11.1.  State  defined.  As  used  in  Sections
 3    3-3-11.05 3-3-11 through 3-3-11.3, unless the context clearly
 4    indicates otherwise, the term "State" means a  state  of  the
 5    United  States,  the  District  of  Columbia,  and  any other
 6    territorial possessions of  the  United  States  any  of  the
 7    several  states  of the United States and the Commonwealth of
 8    Puerto  Rico,  the  Virgin  Islands,  and  the  District   of
 9    Columbia.
10    (Source: P.A. 77-2097.)

11        (730 ILCS 5/3-3-11.4) (from Ch. 38, par. 1003-3-11.4)
12        Sec. 3-3-11.4. Where supervision of an offender a parolee
13    or   probationer   is  being  administered  pursuant  to  the
14    Interstate Compact for  Adult  Offender  the  Supervision  of
15    Parolees  and  Probationers (Section 3-3-11), the appropriate
16    judicial or administrative authorities in  this  State  shall
17    notify   the  Compact  Administrator  of  the  sending  State
18    whenever, in their view, consideration  should  be  given  to
19    retaking   or  reincarceration  for  a  parole  or  probation
20    violation. Prior to the giving of any  such  notification,  a
21    hearing  shall be held within a reasonable time as to whether
22    there is probable cause to believe that the offender  parolee
23    or  probationer  has  violated  a  condition of his parole or
24    probation, unless such hearing is waived by the  offender  by
25    way  of  an  admission  of  guilt parolee or probationer. The
26    appropriate officer or officers of this State shall  as  soon
27    as  practicable,  following  termination of any such hearing,
28    report to the sending State, furnish a copy  of  the  hearing
29    record, and make recommendations regarding the disposition to
30    be made of the offender parolee or probationer.
31    (Source: P.A. 78-939.)

32        (730 ILCS 5/3-3-11.5)
 
                            -31-               LRB9212660RCsb
 1        Sec. 3-3-11.5.  Sex offender restrictions.
 2        (a)  Definition.   For  purposes  of  this  Act,  a  "sex
 3    offender"  is  any  person  who  has ever been convicted of a
 4    sexual offense or attempt to commit  a  sexual  offense,  and
 5    sentenced  to  a term of imprisonment, periodic imprisonment,
 6    fine, probation, conditional discharge or any other  form  of
 7    sentence, or given a disposition of court supervision for the
 8    offense;  or  adjudicated or found to be a sexually dangerous
 9    person under any law substantially similar  to  the  Sexually
10    Dangerous Persons Act.
11        (b)  Residency  restrictions.   No  sex offender shall be
12    accepted for supervised or conditioned residency in  Illinois
13    under   the   Interstate   Compact  for  Adult  Offender  the
14    Supervision of Parolees and Probationers unless he or she:
15             (1)  Complies  with  any  registration  requirements
16        imposed by the Sex Offender Registration Act  within  the
17        times   prescribed  and  with  law  enforcement  agencies
18        designated under that Act;
19             (2)  Complies with  the  requirements  of  paragraph
20        (a)(5)  of   Section   5-4-3   of  the  Unified  Code  of
21        Corrections relating to the submission of blood specimens
22        for genetic marker grouping by persons  seeking  transfer
23        to or residency in Illinois; and
24             (3)  Signs a written form approved by the Department
25        of   Corrections   which,  at  a  minimum,  includes  the
26        substance of this Section or  a  summary  of  it  and  an
27        acknowledgement  that  he  or  she agrees to abide by the
28        conditions set forth in that document and this Section.
29    (Source: P.A. 89-8, eff. 1-1-96.)

30        (730 ILCS 5/3-3-12) (from Ch. 38, par. 1003-3-12)
31        Sec. 3-3-12. Parole Outside State.  The  Prisoner  Review
32    Board  may  assign  a  non-resident  person or a person whose
33    family, relatives, friends or employer reside outside of this
 
                            -32-               LRB9212660RCsb
 1    State, to a person, firm or company in some state other  than
 2    Illinois, to serve his parole or mandatory supervised release
 3    pursuant   to  the  Interstate  Compact  for  Adult  Offender
 4    Supervision. An inmate so released shall make regular monthly
 5    reports  in  writing  to  the   Department   or   supervising
 6    authority, obey the rules of the Board, obey the laws of such
 7    other  state,  and in all respects keep faithfully his parole
 8    or mandatory supervised release agreement  until  discharged.
 9    Should  such  person violate his agreement, he shall from the
10    date of such  violation  be  subject  to  the  provisions  of
11    Section 3-3-9.
12    (Source: P.A. 80-1099.)

13        (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
14        Sec.  5-4-3.  Persons  convicted  of, or found delinquent
15    for, qualifying offenses  or  institutionalized  as  sexually
16    dangerous; blood specimens; genetic marker groups.
17        (a)  Any  person  convicted  of,  found  guilty under the
18    Juvenile Court Act of 1987 for, or who received a disposition
19    of court supervision for, a qualifying offense or attempt  of
20    a  qualifying  offense,  or  institutionalized  as a sexually
21    dangerous person under the Sexually Dangerous Persons Act, or
22    committed as a sexually violent  person  under  the  Sexually
23    Violent  Persons  Commitment  Act  shall,  regardless  of the
24    sentence  or  disposition  imposed,  be  required  to  submit
25    specimens of blood to the Illinois Department of State Police
26    in accordance with the provisions of this  Section,  provided
27    such person is:
28             (1)  convicted of a qualifying offense or attempt of
29        a  qualifying  offense  on or after the effective date of
30        this amendatory Act of 1989, and sentenced to a  term  of
31        imprisonment,  periodic  imprisonment,  fine,  probation,
32        conditional  discharge  or any other form of sentence, or
33        given a disposition of court supervision for the offense,
 
                            -33-               LRB9212660RCsb
 1        or
 2             (1.5)  found guilty or given supervision  under  the
 3        Juvenile  Court  Act  of 1987 for a qualifying offense or
 4        attempt of a qualifying offense on or after the effective
 5        date of this amendatory Act of 1996, or
 6             (2)  ordered   institutionalized   as   a   sexually
 7        dangerous person on or after the effective date  of  this
 8        amendatory Act of 1989, or
 9             (3)  convicted of a qualifying offense or attempt of
10        a  qualifying  offense  before the effective date of this
11        amendatory Act of 1989 and is  presently  confined  as  a
12        result  of  such  conviction  in  any  State correctional
13        facility  or  county  jail  or  is  presently  serving  a
14        sentence of probation, conditional discharge or  periodic
15        imprisonment as a result of such conviction, or
16             (4)  presently   institutionalized   as  a  sexually
17        dangerous person  or  presently  institutionalized  as  a
18        person  found guilty but mentally ill of a sexual offense
19        or attempt to commit a sexual offense; or
20             (4.5)  ordered  committed  as  a  sexually   violent
21        person  on  or  after  the effective date of the Sexually
22        Violent Persons Commitment Act; or
23             (5)  seeking transfer to or  residency  in  Illinois
24        under  Sections  3-3-11.05 3-3-11 through 3-3-11.5 of the
25        Unified Code of Corrections and the  (Interstate  Compact
26        for  Adult  Offender  the  Supervision  of  Parolees  and
27        Probationers)  or  the  Interstate Agreements on Sexually
28        Dangerous Persons Act.
29        (a-5)  Any person  who  was  otherwise  convicted  of  or
30    received  a  disposition  of  court supervision for any other
31    offense under the  Criminal  Code  of  1961  or  any  offense
32    classified  as  a  felony under Illinois law or who was found
33    guilty or given supervision for such a  violation  under  the
34    Juvenile  Court  Act of 1987, may, regardless of the sentence
 
                            -34-               LRB9212660RCsb
 1    imposed, be required by an  order  of  the  court  to  submit
 2    specimens of blood to the Illinois Department of State Police
 3    in accordance with the provisions of this Section.
 4        (b)  Any  person required by paragraphs (a)(1), (a)(1.5),
 5    (a)(2), and (a-5) to provide specimens of blood shall provide
 6    specimens  of  blood  within  45  days  after  sentencing  or
 7    disposition at a collection site designated by  the  Illinois
 8    Department of State Police.
 9        (c)  Any  person  required  by paragraphs (a)(3), (a)(4),
10    and (a)(4.5)  to provide specimens of blood shall be required
11    to provide such samples prior to final discharge, parole,  or
12    release  at  a  collection  site  designated  by the Illinois
13    Department of State Police.
14        (c-5)  Any  person  required  by   paragraph   (a)(5)  to
15    provide specimens of blood shall, where feasible, be required
16    to   provide   the   specimens   before  being  accepted  for
17    conditioned  residency  in  Illinois  under  the   interstate
18    compact or agreement, but no later than 45 days after arrival
19    in this State.
20        (d)  The   Illinois  Department  of  State  Police  shall
21    provide all equipment  and  instructions  necessary  for  the
22    collection of blood samples.  The collection of samples shall
23    be   performed  in  a  medically  approved  manner.   Only  a
24    physician authorized to practice medicine, a registered nurse
25    or  other  qualified  person  trained  in  venipuncture   may
26    withdraw  blood  for  the  purposes of this Act.  The samples
27    shall thereafter be forwarded to the Illinois  Department  of
28    State Police, Division of Forensic Services, for analysis and
29    categorizing into genetic marker groupings.
30        (e)  The  genetic marker groupings shall be maintained by
31    the Illinois Department of State Police, Division of Forensic
32    Services.
33        (f)  The genetic  marker  grouping  analysis  information
34    obtained pursuant to this Act shall be confidential and shall
 
                            -35-               LRB9212660RCsb
 1    be  released  only to peace officers of the United States, of
 2    other states or territories, of the  insular  possessions  of
 3    the  United  States,  of foreign countries duly authorized to
 4    receive the same, to all  peace  officers  of  the  State  of
 5    Illinois  and to all prosecutorial agencies.  Notwithstanding
 6    any  other  statutory  provision   to   the   contrary,   all
 7    information  obtained  under this Section shall be maintained
 8    in a single State data base, which may  be  uploaded  into  a
 9    national database, and may not be subject to expungement.
10        (g)  For   the  purposes  of  this  Section,  "qualifying
11    offense" means any of the following:
12             (1)  Any violation or inchoate violation of  Section
13        11-6,  11-9.1, 11-11, 11-15.1, 11-17.1, 11-18.1, 11-19.1,
14        11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, or
15        12-33 of the Criminal Code of 1961, or
16             (1.1)  Any  violation  or  inchoate   violation   of
17        Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2,
18        18-3,  18-4,  19-1,  or 19-2 of the Criminal Code of 1961
19        for which persons are convicted on or after July 1, 2001,
20        or
21             (2)  Any former statute of this State which  defined
22        a felony sexual offense, or
23             (3)  Any  violation of paragraph (10)  of subsection
24        (b)  of Section 10-5 of the Criminal Code  of  1961  when
25        the  sentencing  court,  upon  a  motion  by  the State's
26        Attorney or Attorney General, makes a  finding  that  the
27        child   luring   involved  an  intent  to  commit  sexual
28        penetration or sexual conduct as defined in Section 12-12
29        of the Criminal Code of 1961, or
30             (4)  Any violation or inchoate violation of  Section
31        9-3.1,  11-9.3,  12-3.3,  12-4.2, 12-4.3, 12-7.3, 12-7.4,
32        18-5, 19-3, 20-1.1, or 20.5-5 of  the  Criminal  Code  of
33        1961.
34        (g-5)  The  Department of State Police is not required to
 
                            -36-               LRB9212660RCsb
 1    provide equipment to collect or to accept  or  process  blood
 2    specimens from individuals convicted of any offense listed in
 3    paragraph (1.1)  or (4)  of subsection (g), until acquisition
 4    of  the  resources necessary to process such blood specimens,
 5    or in the case of paragraph (1.1)  of  subsection  (g)  until
 6    July 1, 2003, whichever is earlier.
 7        Upon  acquisition  of  necessary  resources, including an
 8    appropriation for the purpose of implementing this amendatory
 9    Act of  the  91st  General  Assembly,  but  in  the  case  of
10    paragraph  (1.1)  of  subsection  (g)  no  later than July 1,
11    2003,  the  Department  of  State  Police  shall  notify  the
12    Department of Corrections, the Administrative Office  of  the
13    Illinois  Courts,  and any other entity deemed appropriate by
14    the Department of  State  Police,  to  begin  blood  specimen
15    collection  from individuals convicted of offenses enumerated
16    in paragraphs (1.1)  and  (4)  of  subsection  (g)  that  the
17    Department  is  prepared  to provide collection equipment and
18    receive  and  process  blood   specimens   from   individuals
19    convicted  of  offenses  enumerated  in  paragraph  (1.1)  of
20    subsection (g).
21        Until   the   Department   of   State   Police   provides
22    notification, designated collection agencies are not required
23    to  collect  blood  specimen  from  individuals  convicted of
24    offenses  enumerated   in   paragraphs   (1.1)  and   (4)  of
25    subsection (g).
26        (h)  The Illinois Department of State Police shall be the
27    State  central  repository  for  all  genetic marker grouping
28    analysis information obtained  pursuant  to  this  Act.   The
29    Illinois  Department of State Police may promulgate rules for
30    the form and manner of the collection of  blood  samples  and
31    other   procedures  for  the  operation  of  this  Act.   The
32    provisions of the Administrative Review Law  shall  apply  to
33    all actions taken under the rules so promulgated.
34        (i)  A  person required to provide a blood specimen shall
 
                            -37-               LRB9212660RCsb
 1    cooperate  with  the  collection  of  the  specimen  and  any
 2    deliberate act by that person intended to  impede,  delay  or
 3    stop  the  collection  of  the  blood  specimen  is a Class A
 4    misdemeanor.
 5        (j)  Any person required  by  subsection  (a)  to  submit
 6    specimens of blood to the Illinois Department of State Police
 7    for analysis and categorization into genetic marker grouping,
 8    in  addition  to  any  other  disposition,  penalty,  or fine
 9    imposed, shall pay an analysis fee of  $500.   Upon  verified
10    petition  of the person, the court may suspend payment of all
11    or part of the fee if it finds that the person does not  have
12    the ability to pay the fee.
13        (k)  All analysis and categorization fees provided for by
14    subsection (j) shall be regulated as follows:
15             (1)  The  State  Offender  DNA Identification System
16        Fund is hereby created as a special  fund  in  the  State
17        Treasury.
18             (2)  All fees shall be collected by the clerk of the
19        court   and   forwarded   to   the   State  Offender  DNA
20        Identification System Fund for deposit.  The clerk of the
21        circuit court may retain the  amount  of  $10  from  each
22        collected  analysis  fee  to  offset administrative costs
23        incurred in carrying  out  the  clerk's  responsibilities
24        under this Section.
25             (3)  Fees  deposited  into  the  State  Offender DNA
26        Identification System Fund  shall  be  used  by  Illinois
27        State  Police  crime  laboratories  as  designated by the
28        Director of  State  Police.   These  funds  shall  be  in
29        addition  to  any  allocations  made pursuant to existing
30        laws and shall be designated for  the  exclusive  use  of
31        State  crime  laboratories.   These uses may include, but
32        are not limited to, the following:
33                  (A)  Costs incurred in providing  analysis  and
34             genetic   marker   categorization   as  required  by
 
                            -38-               LRB9212660RCsb
 1             subsection (d).
 2                  (B)  Costs  incurred  in  maintaining   genetic
 3             marker groupings as required by subsection (e).
 4                  (C)  Costs   incurred   in   the  purchase  and
 5             maintenance  of  equipment  for  use  in  performing
 6             analyses.
 7                  (D)  Costs incurred in continuing research  and
 8             development  of  new  techniques  for  analysis  and
 9             genetic marker categorization.
10                  (E)  Costs  incurred  in  continuing education,
11             training, and professional development  of  forensic
12             scientists regularly employed by these laboratories.
13        (l)  The failure of a person to provide a specimen, or of
14    any person or agency to collect a specimen, within the 45 day
15    period  shall in no way alter the obligation of the person to
16    submit such  specimen,  or  the  authority  of  the  Illinois
17    Department  of  State  Police  or  persons  designated by the
18    Department to collect the specimen, or the authority  of  the
19    Illinois  Department  of  State Police to accept, analyze and
20    maintain the specimen or to maintain  or  upload  results  of
21    genetic  marker grouping analysis information into a State or
22    national database.
23    (Source: P.A.  91-528,  eff.  1-1-00;  92-16,  eff.  6-28-01;
24    92-40, eff. 6-29-01.)

25        (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
26        Sec. 5-6-3.  Conditions of Probation and  of  Conditional
27    Discharge.
28        (a)  The  conditions  of  probation  and  of  conditional
29    discharge shall be that the person:
30             (1)  not   violate   any  criminal  statute  of  any
31        jurisdiction;
32             (2)  report to  or  appear  in  person  before  such
33        person or agency as directed by the court;
 
                            -39-               LRB9212660RCsb
 1             (3)  refrain  from  possessing  a  firearm  or other
 2        dangerous weapon;
 3             (4)  not leave the State without the consent of  the
 4        court  or,  in  circumstances in which the reason for the
 5        absence is of such an emergency nature that prior consent
 6        by  the  court  is  not  possible,  without   the   prior
 7        notification  and  approval  of  the  person's  probation
 8        officer.  Transfer of a person's probation or conditional
 9        discharge  supervision  to  another  state  is subject to
10        acceptance by the other state pursuant to the  Interstate
11        Compact for Adult Offender Supervision;
12             (5)  permit  the  probation  officer to visit him at
13        his  home  or  elsewhere  to  the  extent  necessary   to
14        discharge his duties;
15             (6)  perform  no  less  than  30  hours of community
16        service and not more than 120 hours of community service,
17        if community service is available in the jurisdiction and
18        is funded and approved by  the  county  board  where  the
19        offense  was  committed, where the offense was related to
20        or in  furtherance  of  the  criminal  activities  of  an
21        organized  gang  and  was  motivated  by  the  offender's
22        membership  in  or  allegiance to an organized gang.  The
23        community service shall include, but not be  limited  to,
24        the  cleanup  and  repair  of  any  damage  caused  by  a
25        violation  of Section 21-1.3 of the Criminal Code of 1961
26        and  similar  damage  to  property  located  within   the
27        municipality  or  county in which the violation occurred.
28        When  possible  and  reasonable,  the  community  service
29        should be performed in the offender's neighborhood.   For
30        purposes  of  this  Section,  "organized  gang"  has  the
31        meaning  ascribed  to  it  in  Section 10 of the Illinois
32        Streetgang Terrorism Omnibus Prevention Act;
33             (7)  if he or she is at least 17 years  of  age  and
34        has  been sentenced to probation or conditional discharge
 
                            -40-               LRB9212660RCsb
 1        for a misdemeanor or felony in a county of  3,000,000  or
 2        more inhabitants and has not been previously convicted of
 3        a   misdemeanor   or  felony,  may  be  required  by  the
 4        sentencing court to attend educational  courses  designed
 5        to prepare the defendant for a high school diploma and to
 6        work  toward  a  high  school  diploma  or to work toward
 7        passing the high school level Test of General Educational
 8        Development  (GED)  or  to  work  toward   completing   a
 9        vocational  training  program approved by the court.  The
10        person on probation or conditional discharge must  attend
11        a   public   institution   of  education  to  obtain  the
12        educational  or  vocational  training  required  by  this
13        clause (7).  The court  shall  revoke  the  probation  or
14        conditional  discharge  of a person who wilfully fails to
15        comply with this clause (7).  The person on probation  or
16        conditional  discharge  shall  be required to pay for the
17        cost of the educational courses or GED test, if a fee  is
18        charged  for  those  courses  or  test.   The court shall
19        resentence the offender whose  probation  or  conditional
20        discharge  has been revoked as provided in Section 5-6-4.
21        This clause (7)  does not apply to a  person  who  has  a
22        high  school  diploma  or has successfully passed the GED
23        test. This clause (7)  does not apply to a person who  is
24        determined by the court to be developmentally disabled or
25        otherwise    mentally   incapable   of   completing   the
26        educational or vocational program;
27             (8)  if  convicted  of  possession  of  a  substance
28        prohibited  by  the  Cannabis  Control  Act  or  Illinois
29        Controlled Substances Act after a previous conviction  or
30        disposition  of supervision for possession of a substance
31        prohibited  by  the  Cannabis  Control  Act  or  Illinois
32        Controlled  Substances  Act  or  after  a   sentence   of
33        probation under Section 10 of the Cannabis Control Act or
34        Section 410 of the Illinois Controlled Substances Act and
 
                            -41-               LRB9212660RCsb
 1        upon  a finding by the court that the person is addicted,
 2        undergo treatment at a substance abuse  program  approved
 3        by the court; and
 4             (9)  if  convicted of a felony, physically surrender
 5        at a time and place designated by the court, his  or  her
 6        Firearm  Owner's  Identification  Card  and  any  and all
 7        firearms in his or her possession.
 8        (b)  The  Court  may  in  addition  to  other  reasonable
 9    conditions relating to the  nature  of  the  offense  or  the
10    rehabilitation  of  the  defendant  as  determined  for  each
11    defendant  in the proper discretion of the Court require that
12    the person:
13             (1)  serve a term  of  periodic  imprisonment  under
14        Article  7  for  a period not to exceed that specified in
15        paragraph (d)  of Section 5-7-1;
16             (2)  pay a fine and costs;
17             (3)  work or pursue a course of study or  vocational
18        training;
19             (4)  undergo  medical,  psychological or psychiatric
20        treatment; or treatment for drug addiction or alcoholism;
21             (5)  attend or reside in a facility established  for
22        the instruction or residence of defendants on probation;
23             (6)  support his dependents;
24             (7)  and in addition, if a minor:
25                  (i)  reside  with  his  parents  or in a foster
26             home;
27                  (ii)  attend school;
28                  (iii)  attend  a  non-residential  program  for
29             youth;
30                  (iv)  contribute to his own support at home  or
31             in a foster home;
32                  (v)  with  the consent of the superintendent of
33             the facility, attend an  educational  program  at  a
34             facility  other than the school in which the offense
 
                            -42-               LRB9212660RCsb
 1             was committed if he or she is convicted of  a  crime
 2             of  violence  as  defined  in Section 2 of the Crime
 3             Victims Compensation Act committed in a  school,  on
 4             the  real  property  comprising  a school, or within
 5             1,000 feet of the real property comprising a school;
 6             (8)  make restitution as provided in  Section  5-5-6
 7        of this Code;
 8             (9)  perform  some  reasonable  public  or community
 9        service;
10             (10)  serve a term of home confinement.  In addition
11        to  any  other  applicable  condition  of  probation   or
12        conditional discharge, the conditions of home confinement
13        shall be that the offender:
14                  (i)  remain within the interior premises of the
15             place  designated  for  his  confinement  during the
16             hours designated by the court;
17                  (ii)  admit any person or agent  designated  by
18             the  court  into the offender's place of confinement
19             at any time for purposes of verifying the offender's
20             compliance with the conditions of  his  confinement;
21             and
22                  (iii)  if further deemed necessary by the court
23             or  the  Probation  or Court Services Department, be
24             placed on an approved electronic monitoring  device,
25             subject to Article 8A of Chapter V;
26                  (iv)  for  persons  convicted  of  any alcohol,
27             cannabis or controlled substance violation  who  are
28             placed   on  an  approved  monitoring  device  as  a
29             condition of probation or conditional discharge, the
30             court shall impose a reasonable fee for each day  of
31             the  use of the device, as established by the county
32             board in subsection  (g)  of  this  Section,  unless
33             after  determining  the inability of the offender to
34             pay the fee, the court assesses a lesser fee  or  no
 
                            -43-               LRB9212660RCsb
 1             fee as the case may be. This fee shall be imposed in
 2             addition  to  the  fees  imposed  under  subsections
 3             (g)  and  (i)  of  this  Section.  The  fee shall be
 4             collected by the clerk of the  circuit  court.   The
 5             clerk  of  the  circuit  court  shall pay all monies
 6             collected from this fee to the county treasurer  for
 7             deposit  in  the substance abuse services fund under
 8             Section 5-1086.1 of the Counties Code; and
 9                  (v)  for persons convicted  of  offenses  other
10             than  those referenced in clause (iv)  above and who
11             are placed on an approved  monitoring  device  as  a
12             condition of probation or conditional discharge, the
13             court  shall impose a reasonable fee for each day of
14             the use of the device, as established by the  county
15             board  in  subsection  (g)  of  this Section, unless
16             after determining the inability of the defendant  to
17             pay  the  fee, the court assesses a lesser fee or no
18             fee as the case may be.  This fee shall  be  imposed
19             in  addition  to  the fees imposed under subsections
20             (g)  and (i)  of this Section.   The  fee  shall  be
21             collected  by  the  clerk of the circuit court.  The
22             clerk of the circuit  court  shall  pay  all  monies
23             collected  from this fee to the county treasurer who
24             shall use the monies collected to defray  the  costs
25             of  corrections.  The county treasurer shall deposit
26             the fee collected in the county  working  cash  fund
27             under  Section  6-27001  or  Section  6-29002 of the
28             Counties Code, as the case may be.
29             (11)  comply with the terms  and  conditions  of  an
30        order  of  protection issued by the court pursuant to the
31        Illinois  Domestic  Violence  Act  of  1986,  as  now  or
32        hereafter amended, or an order of  protection  issued  by
33        the  court  of  another  state,  tribe,  or United States
34        territory. A copy of the order  of  protection  shall  be
 
                            -44-               LRB9212660RCsb
 1        transmitted  to  the  probation  officer or agency having
 2        responsibility for the case;
 3             (12)  reimburse any "local  anti-crime  program"  as
 4        defined  in  Section 7 of the Anti-Crime Advisory Council
 5        Act for any reasonable expenses incurred by  the  program
 6        on  the offender's case, not to exceed the maximum amount
 7        of the fine authorized for  the  offense  for  which  the
 8        defendant was sentenced;
 9             (13)  contribute  a  reasonable sum of money, not to
10        exceed the maximum amount of the fine authorized for  the
11        offense  for  which  the  defendant  was  sentenced, to a
12        "local anti-crime program", as defined in  Section  7  of
13        the Anti-Crime Advisory Council Act;
14             (14)  refrain   from   entering  into  a  designated
15        geographic area except upon such terms as the court finds
16        appropriate. Such terms may include consideration of  the
17        purpose  of  the  entry,  the  time of day, other persons
18        accompanying the defendant, and  advance  approval  by  a
19        probation  officer,  if  the defendant has been placed on
20        probation or  advance  approval  by  the  court,  if  the
21        defendant was placed on conditional discharge;
22             (15)  refrain  from  having any contact, directly or
23        indirectly, with certain specified persons or  particular
24        types of persons, including but not limited to members of
25        street gangs and drug users or dealers;
26             (16)  refrain  from  having  in  his or her body the
27        presence of any illicit drug prohibited by  the  Cannabis
28        Control  Act  or  the Illinois Controlled Substances Act,
29        unless prescribed by a physician, and submit  samples  of
30        his  or her blood or urine or both for tests to determine
31        the presence of any illicit drug.
32        (c)  The court may as a  condition  of  probation  or  of
33    conditional discharge require that a person under 18 years of
34    age  found  guilty  of  any  alcohol,  cannabis or controlled
 
                            -45-               LRB9212660RCsb
 1    substance  violation,  refrain  from  acquiring  a   driver's
 2    license   during  the  period  of  probation  or  conditional
 3    discharge.  If such person is in possession of  a  permit  or
 4    license,  the  court  may require that the minor refrain from
 5    driving or operating any motor vehicle during the  period  of
 6    probation   or   conditional  discharge,  except  as  may  be
 7    necessary in the course of the minor's lawful employment.
 8        (d)  An offender sentenced to probation or to conditional
 9    discharge shall be given  a  certificate  setting  forth  the
10    conditions thereof.
11        (e)  Except  where the offender has committed a fourth or
12    subsequent violation of subsection (c)  of Section  6-303  of
13    the  Illinois  Vehicle Code, the court shall not require as a
14    condition  of  the  sentence  of  probation  or   conditional
15    discharge  that  the  offender  be  committed  to a period of
16    imprisonment in excess of 6 months. This 6 month limit  shall
17    not  include  periods  of  confinement  given  pursuant  to a
18    sentence  of  county  impact  incarceration   under   Section
19    5-8-1.2.  This  6  month  limit  does  not  apply to a person
20    sentenced to probation as a  result  of  a  conviction  of  a
21    fourth or subsequent violation of subsection (c-4) of Section
22    11-501 of the Illinois Vehicle Code or a similar provision of
23    a local ordinance.
24        Persons  committed  to  imprisonment  as  a  condition of
25    probation or conditional discharge shall not be committed  to
26    the Department of Corrections.
27        (f)  The   court  may  combine  a  sentence  of  periodic
28    imprisonment under Article 7 or a sentence to a county impact
29    incarceration program under Article  8  with  a  sentence  of
30    probation or conditional discharge.
31        (g)  An offender sentenced to probation or to conditional
32    discharge  and  who  during  the  term  of  either  undergoes
33    mandatory drug or alcohol testing, or both, or is assigned to
34    be  placed on an approved electronic monitoring device, shall
 
                            -46-               LRB9212660RCsb
 1    be ordered to pay all costs incidental to such mandatory drug
 2    or alcohol testing, or both, and all costs incidental to such
 3    approved  electronic  monitoring  in  accordance   with   the
 4    defendant's  ability  to  pay  those costs.  The county board
 5    with the concurrence of  the  Chief  Judge  of  the  judicial
 6    circuit  in  which  the  county  is  located  shall establish
 7    reasonable fees for the cost  of  maintenance,  testing,  and
 8    incidental  expenses related to the mandatory drug or alcohol
 9    testing, or  both,  and  all  costs  incidental  to  approved
10    electronic  monitoring,  involved  in  a successful probation
11    program for the county.  The concurrence of the  Chief  Judge
12    shall  be  in  the  form of an administrative order. The fees
13    shall be collected by the clerk of the  circuit  court.   The
14    clerk  of  the  circuit  court shall pay all moneys collected
15    from these fees to the county treasurer  who  shall  use  the
16    moneys collected to defray the costs of drug testing, alcohol
17    testing,  and  electronic  monitoring.  The  county treasurer
18    shall deposit the fees collected in the county  working  cash
19    fund under Section 6-27001 or Section 6-29002 of the Counties
20    Code, as the case may be.
21        (h)  Jurisdiction  over  an  offender  may be transferred
22    from the sentencing court to the  court  of  another  circuit
23    with  the  concurrence  of  both  courts, or to another state
24    under  an  Interstate  Probation  Reciprocal   Agreement   as
25    provided in Section 3-3-11.  Further transfers or retransfers
26    of  jurisdiction are also authorized in the same manner.  The
27    court to which jurisdiction has been transferred  shall  have
28    the same powers as the sentencing court.
29        (i)  The court shall impose upon an offender sentenced to
30    probation  after  January 1, 1989 or to conditional discharge
31    after January 1, 1992, as a condition of  such  probation  or
32    conditional  discharge,  a  fee  of  $25  for  each  month of
33    probation or conditional discharge supervision ordered by the
34    court, unless after determining the inability of  the  person
 
                            -47-               LRB9212660RCsb
 1    sentenced  to  probation  or conditional discharge to pay the
 2    fee, the court assesses a  lesser  fee.  The  court  may  not
 3    impose  the  fee  on  a minor who is made a ward of the State
 4    under the Juvenile Court Act of 1987 while the  minor  is  in
 5    placement. The fee shall be imposed only upon an offender who
 6    is  actively  supervised  by the probation and court services
 7    department.  The fee shall be collected by the clerk  of  the
 8    circuit  court.  The clerk of the circuit court shall pay all
 9    monies collected from this fee to the  county  treasurer  for
10    deposit  in  the  probation  and  court  services  fund under
11    Section 15.1 of the Probation and Probation Officers Act.
12        (j)  All fines and costs imposed under this  Section  for
13    any  violation  of  Chapters  3, 4, 6, and 11 of the Illinois
14    Vehicle Code, or a similar provision of  a  local  ordinance,
15    and any violation of the Child Passenger Protection Act, or a
16    similar  provision  of  a local ordinance, shall be collected
17    and disbursed by the circuit clerk as provided under  Section
18    27.5 of the Clerks of Courts Act.
19    (Source: P.A.  91-325,  eff.  7-29-99;  91-696, eff. 4-13-00;
20    91-903,  eff.  1-1-01;  92-282,  eff.  8-7-01;  92-340,  eff.
21    8-10-01; 92-418, eff. 8-17-01; 92-442, eff. 8-17-01;  revised
22    10-11-01.)

23        (730 ILCS 5/3-3-11 rep.)
24        Section  110.  The Unified Code of Corrections is amended
25    by repealing Section 3-3-11.

26        Section 999.  Effective date.  This Act takes effect upon
27    the enactment of the Interstate Compact  for  Adult  Offender
28    Supervision  by  35 States, except that this Section, Article
29    IV of Section 5, and Section 3-3-11.05 of the Unified Code of
30    Corrections take effect upon becoming law.

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