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| Public Act 103-0391
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| SB1886 Enrolled | LRB103 27323 RLC 53694 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by |
changing Section 5-6-3 as follows:
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(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) |
Sec. 5-6-3. Conditions of probation and of conditional |
discharge.
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(a) The conditions of probation and of conditional |
discharge shall be
that the person:
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(1) not violate any criminal statute of any |
jurisdiction;
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(2) report to or appear in person before such person |
or agency as
directed by the court;
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(3) refrain from possessing a firearm or other |
dangerous weapon where the offense is a felony or, if a |
misdemeanor, the offense involved the intentional or |
knowing infliction of bodily harm or threat of bodily |
harm;
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(4) not leave the State without the consent of the |
court or, in
circumstances in which the reason for the |
absence is of such an emergency
nature that prior consent |
by the court is not possible, without the prior
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notification and approval of the person's probation
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officer. Transfer of a person's probation or conditional |
discharge
supervision to another state is subject to |
acceptance by the other state
pursuant to the Interstate |
Compact for Adult Offender Supervision;
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(5) permit the probation officer to visit
him at his |
home or elsewhere
to the extent necessary to discharge his |
duties;
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(6) perform no less than 30 hours of community service |
and not more than
120 hours of community service, if |
community service is available in the
jurisdiction and is |
funded and approved by the county board where the offense
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was committed, where the offense was related to or in |
furtherance of the
criminal activities of an organized |
gang and was motivated by the offender's
membership in or |
allegiance to an organized gang. The community service |
shall
include, but not be limited to, the cleanup and |
repair of any damage caused by
a violation of Section |
21-1.3 of the Criminal Code of 1961 or the Criminal Code of |
2012 and similar damage
to property located within the |
municipality or county in which the violation
occurred. |
When possible and reasonable, the community service should |
be
performed in the offender's neighborhood. For purposes |
of this Section,
"organized gang" has the meaning ascribed |
to it in Section 10 of the Illinois
Streetgang Terrorism |
Omnibus Prevention Act. The court may give credit toward |
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the fulfillment of community service hours for |
participation in activities and treatment as determined by |
court services;
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(7) if he or she is at least 17 years of age and has |
been sentenced to
probation or conditional discharge for a |
misdemeanor or felony in a county of
3,000,000 or more |
inhabitants and has not been previously convicted of a
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misdemeanor or felony, may be required by the sentencing |
court to attend
educational courses designed to prepare |
the defendant for a high school diploma
and to work toward |
a high school diploma or to work toward passing high |
school equivalency testing or to work toward
completing a |
vocational training program approved by the court. The |
person on
probation or conditional discharge must attend a |
public institution of
education to obtain the educational |
or vocational training required by this paragraph
(7). The |
court shall revoke the probation or conditional discharge |
of a
person who willfully fails to comply with this |
paragraph (7). The person on
probation or conditional |
discharge shall be required to pay for the cost of the
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educational courses or high school equivalency testing if |
a fee is charged for those courses or testing. The court |
shall resentence the offender whose probation or |
conditional
discharge has been revoked as provided in |
Section 5-6-4. This paragraph (7) does
not apply to a |
person who has a high school diploma or has successfully |
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passed high school equivalency testing. This paragraph (7) |
does not apply to a person who is determined by
the court |
to be a person with a developmental disability or |
otherwise mentally incapable of
completing the educational |
or vocational program;
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(8) if convicted of possession of a substance |
prohibited
by the Cannabis Control Act, the Illinois |
Controlled Substances Act, or the Methamphetamine Control |
and Community Protection Act
after a previous conviction |
or disposition of supervision for possession of a
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substance prohibited by the Cannabis Control Act or |
Illinois Controlled
Substances Act or after a sentence of |
probation under Section 10 of the
Cannabis
Control Act, |
Section 410 of the Illinois Controlled Substances Act, or |
Section 70 of the Methamphetamine Control and Community |
Protection Act and upon a
finding by the court that the |
person is addicted, undergo treatment at a
substance abuse |
program approved by the court;
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(8.5) if convicted of a felony sex offense as defined |
in the Sex
Offender
Management Board Act, the person shall |
undergo and successfully complete sex
offender treatment |
by a treatment provider approved by the Board and |
conducted
in conformance with the standards developed |
under the Sex
Offender Management Board Act;
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(8.6) if convicted of a sex offense as defined in the |
Sex Offender Management Board Act, refrain from residing |
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at the same address or in the same condominium unit or |
apartment unit or in the same condominium complex or |
apartment complex with another person he or she knows or |
reasonably should know is a convicted sex offender or has |
been placed on supervision for a sex offense; the |
provisions of this paragraph do not apply to a person |
convicted of a sex offense who is placed in a Department of |
Corrections licensed transitional housing facility for sex |
offenders; |
(8.7) if convicted for an offense committed on or |
after June 1, 2008 (the effective date of Public Act |
95-464) that would qualify the accused as a child sex |
offender as defined in Section 11-9.3 or 11-9.4 of the |
Criminal Code of 1961 or the Criminal Code of 2012, |
refrain from communicating with or contacting, by means of |
the Internet, a person who is not related to the accused |
and whom the accused reasonably believes to be under 18 |
years of age; for purposes of this paragraph (8.7), |
"Internet" has the meaning ascribed to it in Section |
16-0.1 of the Criminal Code of 2012; and a person is not |
related to the accused if the person is not: (i) the |
spouse, brother, or sister of the accused; (ii) a |
descendant of the accused; (iii) a first or second cousin |
of the accused; or (iv) a step-child or adopted child of |
the accused; |
(8.8) if convicted for an offense under Section 11-6, |
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11-9.1, 11-14.4 that involves soliciting for a juvenile |
prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 |
of the Criminal Code of 1961 or the Criminal Code of 2012, |
or any attempt to commit any of these offenses, committed |
on or after June 1, 2009 (the effective date of Public Act |
95-983): |
(i) not access or use a computer or any other |
device with Internet capability without the prior |
written approval of the offender's probation officer, |
except in connection with the offender's employment or |
search for employment with the prior approval of the |
offender's probation officer; |
(ii) submit to periodic unannounced examinations |
of the offender's computer or any other device with |
Internet capability by the offender's probation |
officer, a law enforcement officer, or assigned |
computer or information technology specialist, |
including the retrieval and copying of all data from |
the computer or device and any internal or external |
peripherals and removal of such information, |
equipment, or device to conduct a more thorough |
inspection; |
(iii) submit to the installation on the offender's |
computer or device with Internet capability, at the |
offender's expense, of one or more hardware or |
software systems to monitor the Internet use; and |
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(iv) submit to any other appropriate restrictions |
concerning the offender's use of or access to a |
computer or any other device with Internet capability |
imposed by the offender's probation officer; |
(8.9) if convicted of a sex offense as defined in the |
Sex Offender
Registration Act committed on or after |
January 1, 2010 (the effective date of Public Act 96-262), |
refrain from accessing or using a social networking |
website as defined in Section 17-0.5 of the Criminal Code |
of 2012;
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(9) if convicted of a felony or of any misdemeanor |
violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or |
12-3.5 of the Criminal Code of 1961 or the Criminal Code of |
2012 that was determined, pursuant to Section 112A-11.1 of |
the Code of Criminal Procedure of 1963, to trigger the |
prohibitions of 18 U.S.C. 922(g)(9), physically surrender |
at a time and place
designated by the court, his or her |
Firearm
Owner's Identification Card and
any and all |
firearms in
his or her possession. The Court shall return |
to the Illinois State Police Firearm Owner's |
Identification Card Office the person's Firearm Owner's |
Identification Card;
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(10) if convicted of a sex offense as defined in |
subsection (a-5) of Section 3-1-2 of this Code, unless the |
offender is a parent or guardian of the person under 18 |
years of age present in the home and no non-familial |
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minors are present, not participate in a holiday event |
involving children under 18 years of age, such as |
distributing candy or other items to children on |
Halloween, wearing a Santa Claus costume on or preceding |
Christmas, being employed as a department store Santa |
Claus, or wearing an Easter Bunny costume on or preceding |
Easter; |
(11) if convicted of a sex offense as defined in |
Section 2 of the Sex Offender Registration Act committed |
on or after January 1, 2010 (the effective date of Public |
Act 96-362) that requires the person to register as a sex |
offender under that Act, may not knowingly use any |
computer scrub software on any computer that the sex |
offender uses; |
(12) if convicted of a violation of the |
Methamphetamine Control and Community Protection Act, the |
Methamphetamine
Precursor Control Act, or a |
methamphetamine related offense: |
(A) prohibited from purchasing, possessing, or |
having under his or her control any product containing |
pseudoephedrine unless prescribed by a physician; and |
(B) prohibited from purchasing, possessing, or |
having under his or her control any product containing |
ammonium nitrate; and |
(13) if convicted of a hate crime involving the |
protected class identified in subsection (a) of Section |
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12-7.1 of the Criminal Code of 2012 that gave rise to the |
offense the offender committed, perform public or |
community service of no less than 200 hours and enroll in |
an educational program discouraging hate crimes that |
includes racial, ethnic, and cultural sensitivity training |
ordered by the court. |
(b) The Court may in addition to other reasonable |
conditions relating to the
nature of the offense or the |
rehabilitation of the defendant as determined for
each |
defendant in the proper discretion of the Court require that |
the person:
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(1) serve a term of periodic imprisonment under |
Article 7 for a
period not to exceed that specified in |
paragraph (d) of Section 5-7-1;
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(2) pay a fine and costs;
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(3) work or pursue a course of study or vocational |
training;
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(4) undergo medical, psychological or psychiatric |
treatment; or treatment
for drug addiction or alcoholism;
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(5) attend or reside in a facility established for the |
instruction
or residence of defendants on probation;
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(6) support his dependents;
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(7) and in addition, if a minor:
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(i) reside with his parents or in a foster home;
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(ii) attend school;
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(iii) attend a non-residential program for youth;
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(iv) contribute to his own support at home or in a |
foster home;
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(v) with the consent of the superintendent of the
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facility, attend an educational program at a facility |
other than the school
in which the
offense was |
committed if he
or she is convicted of a crime of |
violence as
defined in
Section 2 of the Crime Victims |
Compensation Act committed in a school, on the
real
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property
comprising a school, or within 1,000 feet of |
the real property comprising a
school;
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(8) make restitution as provided in Section 5-5-6 of |
this Code;
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(9) perform some reasonable public or community |
service;
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(10) serve a term of home confinement. In addition to |
any other
applicable condition of probation or conditional |
discharge, the
conditions of home confinement shall be |
that the offender:
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(i) remain within the interior premises of the |
place designated for
his confinement during the hours |
designated by the court;
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(ii) admit any person or agent designated by the |
court into the
offender's place of confinement at any |
time for purposes of verifying
the offender's |
compliance with the conditions of his confinement; and
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(iii) if further deemed necessary by the court or |
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the
Probation or
Court Services Department, be placed |
on an approved
electronic monitoring device, subject |
to Article 8A of Chapter V;
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(iv) for persons convicted of any alcohol, |
cannabis or controlled
substance violation who are |
placed on an approved monitoring device as a
condition |
of probation or conditional discharge, the court shall |
impose a
reasonable fee for each day of the use of the |
device, as established by the
county board in |
subsection (g) of this Section, unless after |
determining the
inability of the offender to pay the |
fee, the court assesses a lesser fee or no
fee as the |
case may be. This fee shall be imposed in addition to |
the fees
imposed under subsections (g) and (i) of this |
Section. The fee shall be
collected by the clerk of the |
circuit court, except as provided in an administrative |
order of the Chief Judge of the circuit court. The |
clerk of the circuit
court shall pay all monies |
collected from this fee to the county treasurer
for |
deposit in the substance abuse services fund under |
Section 5-1086.1 of
the Counties Code, except as |
provided in an administrative order of the Chief Judge |
of the circuit court. |
The Chief Judge of the circuit court of the county |
may by administrative order establish a program for |
electronic monitoring of offenders, in which a vendor |
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supplies and monitors the operation of the electronic |
monitoring device, and collects the fees on behalf of |
the county. The program shall include provisions for |
indigent offenders and the collection of unpaid fees. |
The program shall not unduly burden the offender and |
shall be subject to review by the Chief Judge. |
The Chief Judge of the circuit court may suspend |
any additional charges or fees for late payment, |
interest, or damage to any device; and
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(v) for persons convicted of offenses other than |
those referenced in
clause (iv) above and who are |
placed on an approved monitoring device as a
condition |
of probation or conditional discharge, the court shall |
impose
a reasonable fee for each day of the use of the |
device, as established by the
county board in |
subsection (g) of this Section, unless after |
determining the
inability of the defendant to pay the |
fee, the court assesses a lesser fee or
no fee as the |
case may be. This fee shall be imposed in addition to |
the fees
imposed under subsections (g) and (i) of this |
Section. The fee
shall be collected by the clerk of the |
circuit court, except as provided in an administrative |
order of the Chief Judge of the circuit court. The |
clerk of the circuit
court shall pay all monies |
collected from this fee
to the county treasurer who |
shall use the monies collected to defray the
costs of |
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corrections. The county treasurer shall deposit the |
fee
collected in the probation and court services |
fund.
The Chief Judge of the circuit court of the |
county may by administrative order establish a program |
for electronic monitoring of offenders, in which a |
vendor supplies and monitors the operation of the |
electronic monitoring device, and collects the fees on |
behalf of the county. The program shall include |
provisions for indigent offenders and the collection |
of unpaid fees. The program shall not unduly burden |
the offender and shall be subject to review by the |
Chief Judge.
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The Chief Judge of the circuit court may suspend |
any additional charges or fees for late payment, |
interest, or damage to any device. |
(11) comply with the terms and conditions of an order |
of protection issued
by the court pursuant to the Illinois |
Domestic Violence Act of 1986,
as now or hereafter |
amended, or an order of protection issued by the court of
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another state, tribe, or United States territory. A copy |
of the order of
protection shall be
transmitted to the |
probation officer or agency
having responsibility for the |
case;
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(12) reimburse any "local anti-crime program" as |
defined in Section 7
of the Anti-Crime Advisory Council |
Act for any reasonable expenses incurred
by the program on |
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the offender's case, not to exceed the maximum amount of
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the fine authorized for the offense for which the |
defendant was sentenced;
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(13) contribute a reasonable sum of money, not to |
exceed the maximum
amount of the fine authorized for the
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offense for which the defendant was sentenced, (i) to a |
"local anti-crime
program", as defined in Section 7 of the |
Anti-Crime Advisory Council Act, or (ii) for offenses |
under the jurisdiction of the Department of Natural |
Resources, to the fund established by the Department of |
Natural Resources for the purchase of evidence for |
investigation purposes and to conduct investigations as |
outlined in Section 805-105 of the Department of Natural |
Resources (Conservation) Law;
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(14) refrain from entering into a designated |
geographic area except upon
such terms as the court finds |
appropriate. Such terms may include
consideration of the |
purpose of the entry, the time of day, other persons
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accompanying the defendant, and advance approval by a
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probation officer, if
the defendant has been placed on |
probation or advance approval by the
court, if the |
defendant was placed on conditional discharge;
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(15) refrain from having any contact, directly or |
indirectly, with
certain specified persons or particular |
types of persons, including but not
limited to members of |
street gangs and drug users or dealers;
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(16) refrain from having in his or her body the |
presence of any illicit
drug prohibited by the Cannabis |
Control Act, the Illinois Controlled
Substances Act, or |
the Methamphetamine Control and Community Protection Act, |
unless prescribed by a physician, and submit samples of
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his or her blood or urine or both for tests to determine |
the presence of any
illicit drug;
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(17) if convicted for an offense committed on or after |
June 1, 2008 (the effective date of Public Act 95-464) |
that would qualify the accused as a child sex offender as |
defined in Section 11-9.3 or 11-9.4 of the Criminal Code |
of 1961 or the Criminal Code of 2012, refrain from |
communicating with or contacting, by means of the |
Internet, a person who is related to the accused and whom |
the accused reasonably believes to be under 18 years of |
age; for purposes of this paragraph (17), "Internet" has |
the meaning ascribed to it in Section 16-0.1 of the |
Criminal Code of 2012; and a person is related to the |
accused if the person is: (i) the spouse, brother, or |
sister of the accused; (ii) a descendant of the accused; |
(iii) a first or second cousin of the accused; or (iv) a |
step-child or adopted child of the accused; |
(18) if convicted for an offense committed on or after |
June 1, 2009 (the effective date of Public Act 95-983) |
that would qualify as a sex offense as defined in the Sex |
Offender Registration Act: |
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(i) not access or use a computer or any other |
device with Internet capability without the prior |
written approval of the offender's probation officer, |
except in connection with the offender's employment or |
search for employment with the prior approval of the |
offender's probation officer; |
(ii) submit to periodic unannounced examinations |
of the offender's computer or any other device with |
Internet capability by the offender's probation |
officer, a law enforcement officer, or assigned |
computer or information technology specialist, |
including the retrieval and copying of all data from |
the computer or device and any internal or external |
peripherals and removal of such information, |
equipment, or device to conduct a more thorough |
inspection; |
(iii) submit to the installation on the offender's |
computer or device with Internet capability, at the |
subject's expense, of one or more hardware or software |
systems to monitor the Internet use; and |
(iv) submit to any other appropriate restrictions |
concerning the offender's use of or access to a |
computer or any other device with Internet capability |
imposed by the offender's probation officer; and |
(19) refrain from possessing a firearm or other |
dangerous weapon where the offense is a misdemeanor that |
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did not involve the intentional or knowing infliction of |
bodily harm or threat of bodily harm. |
(c) The court may as a condition of probation or of |
conditional
discharge require that a person under 18 years of |
age found guilty of any
alcohol, cannabis or controlled |
substance violation, refrain from acquiring
a driver's license |
during
the period of probation or conditional discharge. If |
such person
is in possession of a permit or license, the court |
may require that
the minor refrain from driving or operating |
any motor vehicle during the
period of probation or |
conditional discharge, except as may be necessary in
the |
course of the minor's lawful employment.
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(d) An offender sentenced to probation or to conditional |
discharge
shall be given a certificate setting forth the |
conditions thereof.
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(e) Except where the offender has committed a fourth or |
subsequent
violation of subsection (c) of Section 6-303 of the |
Illinois Vehicle Code,
the court shall not require as a |
condition of the sentence of
probation or conditional |
discharge that the offender be committed to a
period of |
imprisonment in excess of 6 months.
This 6-month limit shall |
not include periods of confinement given pursuant to
a |
sentence of county impact incarceration under Section 5-8-1.2.
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Persons committed to imprisonment as a condition of |
probation or
conditional discharge shall not be committed to |
the Department of
Corrections.
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(f) The court may combine a sentence of periodic |
imprisonment under
Article 7 or a sentence to a county impact |
incarceration program under
Article 8 with a sentence of |
probation or conditional discharge.
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(g) An offender sentenced to probation or to conditional |
discharge and
who during the term of either undergoes |
mandatory drug or alcohol testing,
or both, or is assigned to |
be placed on an approved electronic monitoring
device, shall |
be ordered to pay all costs incidental to such mandatory drug
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or alcohol testing, or both, and all costs
incidental to such |
approved electronic monitoring in accordance with the
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defendant's ability to pay those costs. The county board with
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the concurrence of the Chief Judge of the judicial
circuit in |
which the county is located shall establish reasonable fees |
for
the cost of maintenance, testing, and incidental expenses |
related to the
mandatory drug or alcohol testing, or both, and |
all costs incidental to
approved electronic monitoring, |
involved in a successful probation program
for the county. The |
concurrence of the Chief Judge shall be in the form of
an |
administrative order.
The fees shall be collected by the clerk |
of the circuit court, except as provided in an administrative |
order of the Chief Judge of the circuit court. The clerk of
the |
circuit court shall pay all moneys collected from these fees |
to the county
treasurer who shall use the moneys collected to |
defray the costs of
drug testing, alcohol testing, and |
electronic monitoring.
The county treasurer shall deposit the |
|
fees collected in the
county working cash fund under Section |
6-27001 or Section 6-29002 of the
Counties Code, as the case |
may be.
The Chief Judge of the circuit court of the county may |
by administrative order establish a program for electronic |
monitoring of offenders, in which a vendor supplies and |
monitors the operation of the electronic monitoring device, |
and collects the fees on behalf of the county. The program |
shall include provisions for indigent offenders and the |
collection of unpaid fees. The program shall not unduly burden |
the offender and shall be subject to review by the Chief Judge. |
A person shall not be assessed costs or fees for mandatory |
testing for drugs, alcohol, or both, if the person is an |
indigent person as defined in paragraph (2) of subsection (a) |
of Section 5-105 of the Code of Civil Procedure.
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The Chief Judge of the circuit court may suspend any |
additional charges or fees for late payment, interest, or |
damage to any device. |
(h) Jurisdiction over an offender may be transferred from |
the
sentencing court to the court of another circuit with the |
concurrence of
both courts. Further transfers or retransfers |
of
jurisdiction are also
authorized in the same manner. The |
court to which jurisdiction has been
transferred shall have |
the same powers as the sentencing court.
The probation |
department within the circuit to which jurisdiction has been |
transferred, or which has agreed to provide supervision, may |
impose probation fees upon receiving the transferred offender, |
|
as provided in subsection (i). For all transfer cases, as |
defined in Section 9b of the Probation and Probation Officers |
Act, the probation department from the original sentencing |
court shall retain all probation fees collected prior to the |
transfer. After the transfer,
all probation fees shall be paid |
to the probation department within the
circuit to which |
jurisdiction has been transferred.
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(i) The court shall impose upon an offender
sentenced to |
probation after January 1, 1989 or to conditional discharge
|
after January 1, 1992 or to community service under the |
supervision of a
probation or court services department after |
January 1, 2004, as a condition of such probation or |
conditional
discharge or supervised community service, a fee |
of $50
for each month of probation or
conditional
discharge |
supervision or supervised community service ordered by the |
court, unless after
determining the inability of the person |
sentenced to probation or conditional
discharge or supervised |
community service to pay the
fee, the court assesses a lesser |
fee. The court may not impose the fee on a
minor who is placed |
in the guardianship or custody of the Department of Children |
and Family Services under the Juvenile Court Act of 1987
while |
the minor is in placement.
The fee shall be imposed only upon
|
an offender who is actively supervised by the
probation and |
court services
department. The fee shall be collected by the |
clerk
of the circuit court. The clerk of the circuit court |
shall pay all monies
collected from this fee to the county |
|
treasurer for deposit in the
probation and court services fund |
under Section 15.1 of the
Probation and Probation Officers |
Act.
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A circuit court may not impose a probation fee under this |
subsection (i) in excess of $25
per month unless the circuit |
court has adopted, by administrative
order issued by the chief |
judge, a standard probation fee guide
determining an |
offender's ability to pay. Of the
amount collected as a |
probation fee, up to $5 of that fee
collected per month may be |
used to provide services to crime victims
and their families. |
The Court may only waive probation fees based on an |
offender's ability to pay. The probation department may |
re-evaluate an offender's ability to pay every 6 months, and, |
with the approval of the Director of Court Services or the |
Chief Probation Officer, adjust the monthly fee amount. An |
offender may elect to pay probation fees due in a lump sum.
Any |
offender that has been assigned to the supervision of a |
probation department, or has been transferred either under |
subsection (h) of this Section or under any interstate |
compact, shall be required to pay probation fees to the |
department supervising the offender, based on the offender's |
ability to pay.
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Public Act 93-970 deletes the $10 increase in the fee |
under this subsection that was imposed by Public Act 93-616. |
This deletion is intended to control over any other Act of the |
93rd General Assembly that retains or incorporates that fee |
|
increase. |
(i-5) In addition to the fees imposed under subsection (i) |
of this Section, in the case of an offender convicted of a |
felony sex offense (as defined in the Sex Offender Management |
Board Act) or an offense that the court or probation |
department has determined to be sexually motivated (as defined |
in the Sex Offender Management Board Act), the court or the |
probation department shall assess additional fees to pay for |
all costs of treatment, assessment, evaluation for risk and |
treatment, and monitoring the offender, based on that |
offender's ability to pay those costs either as they occur or |
under a payment plan. |
(j) All fines and costs imposed under this Section for any |
violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle |
Code, or a similar
provision of a local ordinance, and any |
violation of the Child Passenger
Protection Act, or a similar |
provision of a local ordinance, shall be
collected and |
disbursed by the circuit clerk as provided under the Criminal |
and Traffic Assessment Act.
|
(k) Any offender who is sentenced to probation or |
conditional discharge for a felony sex offense as defined in |
the Sex Offender Management Board Act or any offense that the |
court or probation department has determined to be sexually |
motivated as defined in the Sex Offender Management Board Act |
shall be required to refrain from any contact, directly or |
indirectly, with any persons specified by the court and shall |
|
be available for all evaluations and treatment programs |
required by the court or the probation department.
|
(l) The court may order an offender who is sentenced to |
probation or conditional
discharge for a violation of an order |
of protection be placed under electronic surveillance as |
provided in Section 5-8A-7 of this Code. |
(m) A person on probation, conditional discharge, or |
supervision shall not be ordered to refrain from having |
cannabis or alcohol in his or her body unless: |
(1) the person is under 21 years old; |
(2) the person was sentenced to probation, conditional |
discharge, or supervision for an offense which had as an |
element of the offense the presence of an intoxicating |
compound in the person's body; |
(3) the person is participating in a problem-solving |
court certified by the Illinois Supreme Court; |
(4) the person has undergone a validated clinical |
assessment and the
clinical treatment plan includes |
alcohol or cannabis testing; or |
(5) a court ordered evaluation recommends that the |
person refrain from using alcohol or cannabis, provided
|
the evaluation is a validated clinical assessment and the |
recommendation
originates from a clinical treatment plan. |
If the court has made findings that alcohol use
was a |
contributing factor in the commission of the
underlying |
offense, the court may order a person on
probation, |
|
conditional discharge, or supervision to refrain
from having |
alcohol in his or her body during the time
between sentencing |
and the completion of a validated
clinical assessment, |
provided
that such order shall not exceed 30 days and shall be
|
terminated if the clinical treatment plan does not recommend |
abstinence or testing, or both. |
In this subsection (m), "validated clinical assessment" |
and "clinical treatment plan" have the meanings ascribed to |
them in Section 10 of the Drug Court Treatment Act. |
In any instance in which the court orders testing for |
cannabis or alcohol, the court shall state the reasonable |
relation the condition has to the person's crime for which the |
person was placed on probation, conditional discharge, or |
supervision. |
(n) A person on probation, conditional discharge, or |
supervision shall not be ordered to refrain from use or |
consumption of any substance lawfully prescribed by a medical |
provider or authorized by the Compassionate Use of Medical |
Cannabis Program Act, except where use is prohibited in |
paragraph (3) or (4) of subsection (m). |
(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
|
