Bill Amendment: IL HB5285 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: PROBATION-CONVICTION-JUDGMENT

Status: 2024-07-19 - Public Act . . . . . . . . . 103-0702 [HB5285 Detail]

Download: Illinois-2023-HB5285-House_Amendment_001.html

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Rep. Kevin John Olickal

Filed: 4/8/2024

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AMENDMENT TO HOUSE BILL 5285
AMENDMENT NO. ______. Amend House Bill 5285 by replacing
everything after the enacting clause with the following:
"Section 5. The Criminal Code of 2012 is amended by
changing Section 2-5 as follows:
(720 ILCS 5/2-5) (from Ch. 38, par. 2-5)
Sec. 2-5. "Conviction". "Conviction" means a judgment of
conviction or sentence entered upon a plea of guilty or upon a
verdict or finding of guilty of an offense, rendered by a
legally constituted jury or by a court of competent
jurisdiction authorized to try the case without a jury. If
judgment is withheld, the plea, verdict, or finding of guilty
is not a conviction under Illinois law unless and until
judgment is entered.
(Source: Laws 1961, p. 1983.)

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Section 10. The Cannabis Control Act is amended by
changing Section 10 as follows:
(720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
Sec. 10. (a) Whenever any person who has not previously
been convicted of any felony offense under this Act or any law
of the United States or of any State relating to cannabis, or
controlled substances as defined in the Illinois Controlled
Substances Act, pleads guilty to or is found guilty of
violating Sections 4(a), 4(b), 4(c), 5(a), 5(b), 5(c) or 8 of
this Act, the court may, without entering a judgment and with
the consent of such person, sentence him to probation. A
sentence under this Section shall not be considered a
conviction under Illinois law unless and until judgment is
entered under subsection (e) of this Section.
(b) When a person is placed on probation, the court shall
enter an order specifying a period of probation of 24 months,
and shall defer further proceedings in the case until the
conclusion of the period or until the filing of a petition
alleging violation of a term or condition of probation.
(c) The conditions of probation shall be that the person:
(1) not violate any criminal statute of any jurisdiction; (2)
refrain from possession of a firearm or other dangerous
weapon; (3) submit to periodic drug testing at a time and in a
manner as ordered by the court, but no less than 3 times during
the period of the probation, with the cost of the testing to be

10300HB5285ham001 - 3 - LRB103 37363 RLC 72000 a
paid by the probationer; and (4) perform no less than 30 hours
of community service, provided community service is available
in the jurisdiction and is funded and approved by the county
board. The court may give credit toward the fulfillment of
community service hours for participation in activities and
treatment as determined by court services.
(d) The court may, in addition to other conditions,
require that the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the
order of probation;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical or psychiatric treatment; or
treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his dependents;
(7) refrain from possessing a firearm or other
dangerous weapon;
(7-5) 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,

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unless prescribed by a physician, and submit samples of
his or her blood or urine or both for tests to determine
the presence of any illicit drug;
(8) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) provide nonfinancial contributions to his own
support at home or in a foster home.
(e) Upon violation of a term or condition of probation,
the court may enter a judgment on its original finding of guilt
and proceed as otherwise provided.
(f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge such person and dismiss
the proceedings against him.
(g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal, however, a sentence discharge and
dismissal under this Section is not a conviction for purposes
of disqualification or disabilities imposed by law upon
conviction of a crime (including the additional penalty
imposed for subsequent offenses under Section 4(c), 4(d), 5(c)
or 5(d) of this Act) unless and until judgment is entered.
(h) A person may not have more than one discharge and
dismissal under this Section within a 4-year period.
(i) If a person is convicted of an offense under this Act,

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the Illinois Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act within 5 years subsequent
to a discharge and dismissal under this Section, the discharge
and dismissal under this Section shall be admissible in the
sentencing proceeding for that conviction as a factor in
aggravation.
(j) Notwithstanding subsection (a), before a person is
sentenced to probation under this Section, the court may refer
the person to the drug court established in that judicial
circuit pursuant to Section 15 of the Drug Court Treatment
Act. The drug court team shall evaluate the person's
likelihood of successfully completing a sentence of probation
under this Section and shall report the results of its
evaluation to the court. If the drug court team finds that the
person suffers from a substance abuse problem that makes him
or her substantially unlikely to successfully complete a
sentence of probation under this Section, then the drug court
shall set forth its findings in the form of a written order,
and the person shall not be sentenced to probation under this
Section, but shall be considered for the drug court program.
(k) Fines and assessments, such as fees or administrative
costs, authorized under this Section shall not be ordered or
imposed against a minor subject to Article III, IV, or V of the
Juvenile Court Act of 1987, or a minor under the age of 18
transferred to adult court or excluded from juvenile court
jurisdiction under Article V of the Juvenile Court Act of

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1987, or the minor's parent, guardian, or legal custodian.
(Source: P.A. 103-379, eff. 7-28-23.)
Section 15. The Illinois Controlled Substances Act is
amended by changing Section 410 as follows:
(720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
Sec. 410. (a) Whenever any person who has not previously
been convicted of any felony offense under this Act or any law
of the United States or of any State relating to cannabis or
controlled substances, pleads guilty to or is found guilty of
possession of a controlled or counterfeit substance under
subsection (c) of Section 402 or of unauthorized possession of
prescription form under Section 406.2, the court, without
entering a judgment and with the consent of such person, may
sentence him or her to probation. A sentence under this
Section shall not be considered a conviction under Illinois
law unless and until judgment is entered under subsection (e)
of this Section.
(b) When a person is placed on probation, the court shall
enter an order specifying a period of probation of 24 months
and shall defer further proceedings in the case until the
conclusion of the period or until the filing of a petition
alleging violation of a term or condition of probation.
(c) The conditions of probation shall be that the person:
(1) not violate any criminal statute of any jurisdiction; (2)

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refrain from possessing a firearm or other dangerous weapon;
(3) submit to periodic drug testing at a time and in a manner
as ordered by the court, but no less than 3 times during the
period of the probation, with the cost of the testing to be
paid by the probationer; and (4) perform no less than 30 hours
of community service, provided community service is available
in the jurisdiction and is funded and approved by the county
board. The court may give credit toward the fulfillment of
community service hours for participation in activities and
treatment as determined by court services.
(d) The court may, in addition to other conditions,
require that the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the
order of probation;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical or psychiatric treatment; or
treatment or rehabilitation approved by the Illinois
Department of Human Services;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his or her dependents;
(6-5) refrain from having in his or her body the

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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
his or her blood or urine or both for tests to determine
the presence of any illicit drug;
(7) and in addition, if a minor:
(i) reside with his or her parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his or her own support at home
or in a foster home.
(e) Upon violation of a term or condition of probation,
the court may enter a judgment on its original finding of guilt
and proceed as otherwise provided.
(f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge the person and dismiss
the proceedings against him or her.
(g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal, however, a sentence discharge and
dismissal under this Section is not a conviction for purposes
of this Act or for purposes of disqualifications or
disabilities imposed by law upon conviction of a crime unless
and until judgment is entered.

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(h) A person may not have more than one discharge and
dismissal under this Section within a 4-year period.
(i) If a person is convicted of an offense under this Act,
the Cannabis Control Act, or the Methamphetamine Control and
Community Protection Act within 5 years subsequent to a
discharge and dismissal under this Section, the discharge and
dismissal under this Section shall be admissible in the
sentencing proceeding for that conviction as evidence in
aggravation.
(j) Notwithstanding subsection (a), before a person is
sentenced to probation under this Section, the court may refer
the person to the drug court established in that judicial
circuit pursuant to Section 15 of the Drug Court Treatment
Act. The drug court team shall evaluate the person's
likelihood of successfully completing a sentence of probation
under this Section and shall report the results of its
evaluation to the court. If the drug court team finds that the
person suffers from a substance abuse problem that makes him
or her substantially unlikely to successfully complete a
sentence of probation under this Section, then the drug court
shall set forth its findings in the form of a written order,
and the person shall not be sentenced to probation under this
Section, but shall be considered for the drug court program.
(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18;
100-575, eff. 1-8-18.)

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Section 20. The Methamphetamine Control and Community
Protection Act is amended by changing Section 70 as follows:
(720 ILCS 646/70)
Sec. 70. Probation.
(a) Whenever any person who has not previously been
convicted of any felony offense under this Act, the Illinois
Controlled Substances Act, the Cannabis Control Act, or any
law of the United States or of any state relating to cannabis
or controlled substances, pleads guilty to or is found guilty
of possession of less than 15 grams of methamphetamine under
paragraph (1) or (2) of subsection (b) of Section 60 of this
Act, the court, without entering a judgment and with the
consent of the person, may sentence him or her to probation. A
sentence under this Section shall not be considered a
conviction under Illinois law unless and until judgment is
entered under subsection (e) of this Section.
(b) When a person is placed on probation, the court shall
enter an order specifying a period of probation of 24 months
and shall defer further proceedings in the case until the
conclusion of the period or until the filing of a petition
alleging violation of a term or condition of probation.
(c) The conditions of probation shall be that the person:
(1) not violate any criminal statute of any
jurisdiction;
(2) refrain from possessing a firearm or other

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dangerous weapon;
(3) submit to periodic drug testing at a time and in a
manner as ordered by the court, but no less than 3 times
during the period of the probation, with the cost of the
testing to be paid by the probationer; and
(4) perform no less than 30 hours of community
service, if community service is available in the
jurisdiction and is funded and approved by the county
board. The court may give credit toward the fulfillment of
community service hours for participation in activities
and treatment as determined by court services.
(d) The court may, in addition to other conditions,
require that the person take one or more of the following
actions:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the
order of probation;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical or psychiatric treatment; or
treatment or rehabilitation approved by the Illinois
Department of Human Services;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;

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(6) support his or her dependents;
(7) refrain from having in his or her body the
presence of any illicit drug prohibited by this Act, the
Cannabis Control Act, or the Illinois Controlled
Substances Act, unless prescribed by a physician, and
submit samples of his or her blood or urine or both for
tests to determine the presence of any illicit drug; or
(8) if a minor:
(i) reside with his or her parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for youth;
or
(iv) contribute to his or her own support at home
or in a foster home.
(e) Upon violation of a term or condition of probation,
the court may enter a judgment on its original finding of guilt
and proceed as otherwise provided.
(f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge the person and dismiss
the proceedings against the person.
(g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal, however, a sentence discharge and
dismissal under this Section is not a conviction for purposes
of this Act or for purposes of disqualifications or

10300HB5285ham001 - 13 - LRB103 37363 RLC 72000 a
disabilities imposed by law upon conviction of a crime unless
and until judgment is entered.
(h) A person may not have more than one discharge and
dismissal under this Section within a 4-year period.
(i) If a person is convicted of an offense under this Act,
the Cannabis Control Act, or the Illinois Controlled
Substances Act within 5 years subsequent to a discharge and
dismissal under this Section, the discharge and dismissal
under this Section are admissible in the sentencing proceeding
for that conviction as evidence in aggravation.
(j) Notwithstanding subsection (a), before a person is
sentenced to probation under this Section, the court may refer
the person to the drug court established in that judicial
circuit pursuant to Section 15 of the Drug Court Treatment
Act. The drug court team shall evaluate the person's
likelihood of successfully completing a sentence of probation
under this Section and shall report the results of its
evaluation to the court. If the drug court team finds that the
person suffers from a substance abuse problem that makes him
or her substantially unlikely to successfully complete a
sentence of probation under this Section, then the drug court
shall set forth its findings in the form of a written order,
and the person shall not be sentenced to probation under this
Section, but shall be considered for the drug court program.
(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18;
100-575, eff. 1-8-18.)

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Section 25. The Unified Code of Corrections is amended by
changing Sections 5-6-3.4 and 5-6-3.6 as follows:
(730 ILCS 5/5-6-3.4)
Sec. 5-6-3.4. Second Chance Probation.
(a) Whenever any person who has not previously been
convicted of any felony offense under the laws of this State,
the laws of any other state, or the laws of the United States,
and pleads guilty to, or is found guilty of, possession of less
than 15 grams of a controlled substance; possession of less
than 15 grams of methamphetamine; or a probationable felony
offense of possession of cannabis, theft, retail theft,
forgery, deceptive practices, possession of a stolen motor
vehicle, burglary, possession of burglary tools, disorderly
conduct, criminal damage or trespass to property under Article
21 of the Criminal Code of 2012, criminal trespass to a
residence, an offense involving fraudulent identification, or
obstructing justice; or possession of cannabis, the court,
with the consent of the defendant and the State's Attorney,
may, without entering a judgment, sentence the defendant to
probation under this Section. A sentence under this Section
shall not be considered a conviction under Illinois law unless
and until judgment is entered under subsection (e) of this
Section.
(a-1) Exemptions. A defendant is not eligible for this

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probation if the offense he or she pleads guilty to, or is
found guilty of, is a violent offense, or he or she has
previously been convicted of a violent offense. For purposes
of this probation, a "violent offense" is any offense where
bodily harm was inflicted or where force was used against any
person or threatened against any person, any offense involving
sexual conduct, sexual penetration, or sexual exploitation,
any offense of domestic violence, domestic battery, violation
of an order of protection, stalking, hate crime, and any
offense involving the possession of a firearm or dangerous
weapon. A defendant shall not be eligible for this probation
if he or she has previously been adjudicated a delinquent
minor for the commission of a violent offense as defined in
this subsection.
(b) When a defendant is placed on probation, the court
shall enter an order specifying a period of probation of not
less than 24 months and shall defer further proceedings in the
case until the conclusion of the period or until the filing of
a petition alleging violation of a term or condition of
probation.
(c) The conditions of probation shall be that the
defendant:
(1) not violate any criminal statute of this State or
any other jurisdiction;
(2) refrain from possessing a firearm or other
dangerous weapon;

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(3) make full restitution to the victim or property
owner under Section 5-5-6 of this Code;
(4) obtain or attempt to obtain employment;
(5) pay fines and costs;
(6) attend educational courses designed to prepare the
defendant for obtaining a high school diploma or to work
toward passing high school equivalency testing or to work
toward completing a vocational training program;
(7) submit to periodic drug testing at a time and in a
manner as ordered by the court, but no less than 3 times
during the period of probation, with the cost of the
testing to be paid by the defendant; and
(8) perform a minimum of 30 hours of community
service. The court may give credit toward the fulfillment
of community service hours for participation in activities
and treatment as determined by court services.
(d) The court may, in addition to other conditions,
require that the defendant:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the
order of probation;
(2) undergo medical or psychiatric treatment, or
treatment or rehabilitation approved by the Illinois
Department of Human Services;
(3) attend or reside in a facility established for the

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instruction or residence of defendants on probation;
(4) support his or her dependents; or
(5) refrain from having in his or her body the
presence of any illicit drug prohibited by the
Methamphetamine Control and Community Protection Act, the
Cannabis Control Act, or the Illinois Controlled
Substances Act, unless prescribed by a physician, and
submit samples of his or her blood or urine or both for
tests to determine the presence of any illicit drug.
(e) Upon violation of a term or condition of probation,
the court may enter a judgment on its original finding of guilt
and proceed as otherwise provided by law.
(f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge the person and dismiss
the proceedings against the person.
(g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal; however, a sentence discharge and
dismissal under this Section is not a conviction for purposes
of this Code or for purposes of disqualifications or
disabilities imposed by law upon conviction of a crime unless
and until judgment is entered.
(h) A person may only have one discharge and dismissal
under this Section within a 4-year period.
(i) If a person is convicted of any offense which occurred
within 5 years subsequent to a discharge and dismissal under

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this Section, the discharge and dismissal under this Section
shall be admissible in the sentencing proceeding for that
conviction as evidence in aggravation.
(j) Notwithstanding subsection (a), if the court finds
that the defendant suffers from a substance abuse problem,
then before the person is placed on probation under this
Section, the court may refer the person to the drug court
established in that judicial circuit pursuant to Section 15 of
the Drug Court Treatment Act. The drug court team shall
evaluate the person's likelihood of successfully fulfilling
the terms and conditions of probation under this Section and
shall report the results of its evaluation to the court. If the
drug court team finds that the person suffers from a substance
abuse problem that makes him or her substantially unlikely to
successfully fulfill the terms and conditions of probation
under this Section, then the drug court shall set forth its
findings in the form of a written order, and the person shall
be ineligible to be placed on probation under this Section,
but shall be considered for the drug court program.
(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18;
100-575, eff. 1-8-18.)
(730 ILCS 5/5-6-3.6)
Sec. 5-6-3.6. First Time Weapon Offense Program.
(a) The General Assembly has sought to promote public
safety, reduce recidivism, and conserve valuable resources of

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the criminal justice system through the creation of diversion
programs for non-violent offenders. This amendatory Act of the
103rd General Assembly establishes a program for first-time,
non-violent offenders charged with certain weapons possession
offenses. The General Assembly recognizes some persons,
particularly in areas of high crime or poverty, may have
experienced trauma that contributes to poor decision making
skills, and the creation of a diversionary program poses a
greater benefit to the community and the person than
incarceration. Under this program, a court, with the consent
of the defendant and the State's Attorney, may sentence a
defendant charged with an unlawful use of weapons offense
under Section 24-1 of the Criminal Code of 2012 or aggravated
unlawful use of a weapon offense under Section 24-1.6 of the
Criminal Code of 2012, if punishable as a Class 4 felony or
lower, to a First Time Weapon Offense Program.
(b) A defendant is not eligible for this Program if:
(1) the offense was committed during the commission of
a violent offense as defined in subsection (h) of this
Section;
(2) he or she has previously been convicted or placed
on probation or conditional discharge for any violent
offense under the laws of this State, the laws of any other
state, or the laws of the United States;
(3) he or she had a prior successful completion of the
First Time Weapon Offense Program under this Section;

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(4) he or she has previously been adjudicated a
delinquent minor for the commission of a violent offense;
(5) (blank); or
(6) he or she has an existing order of protection
issued against him or her.
(b-5) In considering whether a defendant shall be
sentenced to the First Time Weapon Offense Program, the court
shall consider the following:
(1) the age, immaturity, or limited mental capacity of
the defendant;
(2) the nature and circumstances of the offense;
(3) whether participation in the Program is in the
interest of the defendant's rehabilitation, including any
employment or involvement in community, educational,
training, or vocational programs;
(4) whether the defendant suffers from trauma, as
supported by documentation or evaluation by a licensed
professional; and
(5) the potential risk to public safety.
(c) For an offense committed on or after January 1, 2018
(the effective date of Public Act 100-3) whenever an eligible
person pleads guilty to an unlawful use of weapons offense
under Section 24-1 of the Criminal Code of 2012 or aggravated
unlawful use of a weapon offense under Section 24-1.6 of the
Criminal Code of 2012, which is punishable as a Class 4 felony
or lower, the court, with the consent of the defendant and the

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State's Attorney, may, without entering a judgment, sentence
the defendant to complete the First Time Weapon Offense
Program. When a defendant is placed in the Program, the court
shall defer further proceedings in the case until the
conclusion of the period or until the filing of a petition
alleging violation of a term or condition of the Program. A
disposition of probation is considered to be a conviction for
the purposes of imposing the conditions of probation and for
appeal, however, a sentence under this Section is not a
conviction for purposes of this Act or for purposes of
disqualifications or disabilities imposed by law upon
conviction of a crime unless and until judgment is entered.
Upon violation of a term or condition of the Program, the court
may enter a judgment on its original finding of guilt and
proceed as otherwise provided by law. Upon fulfillment of the
terms and conditions of the Program, the court shall discharge
the person and dismiss the proceedings against the person.
(d) The Program shall be at least 6 months and not to
exceed 24 months, as determined by the court at the
recommendation of the Program administrator and the State's
Attorney. The Program administrator may be appointed by the
Chief Judge of each Judicial Circuit.
(e) The conditions of the Program shall be that the
defendant:
(1) not violate any criminal statute of this State or
any other jurisdiction;

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(2) refrain from possessing a firearm or other
dangerous weapon;
(3) (blank);
(4) (blank);
(5) (blank);
(6) (blank);
(7) attend and participate in any Program activities
deemed required by the Program administrator, such as:
counseling sessions, in-person and over the phone
check-ins, and educational classes; and
(8) (blank).
(f) The Program may, in addition to other conditions,
require that the defendant:
(1) obtain or attempt to obtain employment;
(2) attend educational courses designed to prepare the
defendant for obtaining a high school diploma or to work
toward passing high school equivalency testing or to work
toward completing a vocational training program;
(3) refrain from having in his or her body the
presence of any illicit drug prohibited by the
Methamphetamine Control and Community Protection Act or
the Illinois Controlled Substances Act, unless prescribed
by a physician, and submit samples of his or her blood or
urine or both for tests to determine the presence of any
illicit drug;
(4) perform community service;

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