Bill Amendment: IL SB1886 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CD CORR-PROBATION
Status: 2023-07-28 - Public Act . . . . . . . . . 103-0391 [SB1886 Detail]
Download: Illinois-2023-SB1886-House_Amendment_001.html
Bill Title: CD CORR-PROBATION
Status: 2023-07-28 - Public Act . . . . . . . . . 103-0391 [SB1886 Detail]
Download: Illinois-2023-SB1886-House_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 1886
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2 | AMENDMENT NO. ______. Amend Senate Bill 1886 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Unified Code of Corrections is amended by | ||||||
5 | changing Section 5-6-3 as follows:
| ||||||
6 | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) | ||||||
7 | Sec. 5-6-3. Conditions of probation and of conditional | ||||||
8 | discharge.
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9 | (a) The conditions of probation and of conditional | ||||||
10 | discharge shall be
that the person:
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11 | (1) not violate any criminal statute of any | ||||||
12 | jurisdiction;
| ||||||
13 | (2) report to or appear in person before such person | ||||||
14 | or agency as
directed by the court;
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15 | (3) refrain from possessing a firearm or other | ||||||
16 | dangerous weapon where the offense is a felony or, if a |
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1 | misdemeanor, the offense involved the intentional or | ||||||
2 | knowing infliction of bodily harm or threat of bodily | ||||||
3 | harm;
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4 | (4) not leave the State without the consent of the | ||||||
5 | court or, in
circumstances in which the reason for the | ||||||
6 | absence is of such an emergency
nature that prior consent | ||||||
7 | by the court is not possible, without the prior
| ||||||
8 | notification and approval of the person's probation
| ||||||
9 | officer. Transfer of a person's probation or conditional | ||||||
10 | discharge
supervision to another state is subject to | ||||||
11 | acceptance by the other state
pursuant to the Interstate | ||||||
12 | Compact for Adult Offender Supervision;
| ||||||
13 | (5) permit the probation officer to visit
him at his | ||||||
14 | home or elsewhere
to the extent necessary to discharge his | ||||||
15 | duties;
| ||||||
16 | (6) perform no less than 30 hours of community service | ||||||
17 | and not more than
120 hours of community service, if | ||||||
18 | community service is available in the
jurisdiction and is | ||||||
19 | funded and approved by the county board where the offense
| ||||||
20 | was committed, where the offense was related to or in | ||||||
21 | furtherance of the
criminal activities of an organized | ||||||
22 | gang and was motivated by the offender's
membership in or | ||||||
23 | allegiance to an organized gang. The community service | ||||||
24 | shall
include, but not be limited to, the cleanup and | ||||||
25 | repair of any damage caused by
a violation of Section | ||||||
26 | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of |
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1 | 2012 and similar damage
to property located within the | ||||||
2 | municipality or county in which the violation
occurred. | ||||||
3 | When possible and reasonable, the community service should | ||||||
4 | be
performed in the offender's neighborhood. For purposes | ||||||
5 | of this Section,
"organized gang" has the meaning ascribed | ||||||
6 | to it in Section 10 of the Illinois
Streetgang Terrorism | ||||||
7 | Omnibus Prevention Act. The court may give credit toward | ||||||
8 | the fulfillment of community service hours for | ||||||
9 | participation in activities and treatment as determined by | ||||||
10 | court services;
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11 | (7) if he or she is at least 17 years of age and has | ||||||
12 | been sentenced to
probation or conditional discharge for a | ||||||
13 | misdemeanor or felony in a county of
3,000,000 or more | ||||||
14 | inhabitants and has not been previously convicted of a
| ||||||
15 | misdemeanor or felony, may be required by the sentencing | ||||||
16 | court to attend
educational courses designed to prepare | ||||||
17 | the defendant for a high school diploma
and to work toward | ||||||
18 | a high school diploma or to work toward passing high | ||||||
19 | school equivalency testing or to work toward
completing a | ||||||
20 | vocational training program approved by the court. The | ||||||
21 | person on
probation or conditional discharge must attend a | ||||||
22 | public institution of
education to obtain the educational | ||||||
23 | or vocational training required by this paragraph
(7). The | ||||||
24 | court shall revoke the probation or conditional discharge | ||||||
25 | of a
person who willfully fails to comply with this | ||||||
26 | paragraph (7). The person on
probation or conditional |
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1 | discharge shall be required to pay for the cost of the
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2 | educational courses or high school equivalency testing if | ||||||
3 | a fee is charged for those courses or testing. The court | ||||||
4 | shall resentence the offender whose probation or | ||||||
5 | conditional
discharge has been revoked as provided in | ||||||
6 | Section 5-6-4. This paragraph (7) does
not apply to a | ||||||
7 | person who has a high school diploma or has successfully | ||||||
8 | passed high school equivalency testing. This paragraph (7) | ||||||
9 | does not apply to a person who is determined by
the court | ||||||
10 | to be a person with a developmental disability or | ||||||
11 | otherwise mentally incapable of
completing the educational | ||||||
12 | or vocational program;
| ||||||
13 | (8) if convicted of possession of a substance | ||||||
14 | prohibited
by the Cannabis Control Act, the Illinois | ||||||
15 | Controlled Substances Act, or the Methamphetamine Control | ||||||
16 | and Community Protection Act
after a previous conviction | ||||||
17 | or disposition of supervision for possession of a
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18 | substance prohibited by the Cannabis Control Act or | ||||||
19 | Illinois Controlled
Substances Act or after a sentence of | ||||||
20 | probation under Section 10 of the
Cannabis
Control Act, | ||||||
21 | Section 410 of the Illinois Controlled Substances Act, or | ||||||
22 | Section 70 of the Methamphetamine Control and Community | ||||||
23 | Protection Act and upon a
finding by the court that the | ||||||
24 | person is addicted, undergo treatment at a
substance abuse | ||||||
25 | program approved by the court;
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26 | (8.5) if convicted of a felony sex offense as defined |
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1 | in the Sex
Offender
Management Board Act, the person shall | ||||||
2 | undergo and successfully complete sex
offender treatment | ||||||
3 | by a treatment provider approved by the Board and | ||||||
4 | conducted
in conformance with the standards developed | ||||||
5 | under the Sex
Offender Management Board Act;
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6 | (8.6) if convicted of a sex offense as defined in the | ||||||
7 | Sex Offender Management Board Act, refrain from residing | ||||||
8 | at the same address or in the same condominium unit or | ||||||
9 | apartment unit or in the same condominium complex or | ||||||
10 | apartment complex with another person he or she knows or | ||||||
11 | reasonably should know is a convicted sex offender or has | ||||||
12 | been placed on supervision for a sex offense; the | ||||||
13 | provisions of this paragraph do not apply to a person | ||||||
14 | convicted of a sex offense who is placed in a Department of | ||||||
15 | Corrections licensed transitional housing facility for sex | ||||||
16 | offenders; | ||||||
17 | (8.7) if convicted for an offense committed on or | ||||||
18 | after June 1, 2008 (the effective date of Public Act | ||||||
19 | 95-464) that would qualify the accused as a child sex | ||||||
20 | offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
21 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
22 | refrain from communicating with or contacting, by means of | ||||||
23 | the Internet, a person who is not related to the accused | ||||||
24 | and whom the accused reasonably believes to be under 18 | ||||||
25 | years of age; for purposes of this paragraph (8.7), | ||||||
26 | "Internet" has the meaning ascribed to it in Section |
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1 | 16-0.1 of the Criminal Code of 2012; and a person is not | ||||||
2 | related to the accused if the person is not: (i) the | ||||||
3 | spouse, brother, or sister of the accused; (ii) a | ||||||
4 | descendant of the accused; (iii) a first or second cousin | ||||||
5 | of the accused; or (iv) a step-child or adopted child of | ||||||
6 | the accused; | ||||||
7 | (8.8) if convicted for an offense under Section 11-6, | ||||||
8 | 11-9.1, 11-14.4 that involves soliciting for a juvenile | ||||||
9 | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||||||
10 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
11 | or any attempt to commit any of these offenses, committed | ||||||
12 | on or after June 1, 2009 (the effective date of Public Act | ||||||
13 | 95-983): | ||||||
14 | (i) not access or use a computer or any other | ||||||
15 | device with Internet capability without the prior | ||||||
16 | written approval of the offender's probation officer, | ||||||
17 | except in connection with the offender's employment or | ||||||
18 | search for employment with the prior approval of the | ||||||
19 | offender's probation officer; | ||||||
20 | (ii) submit to periodic unannounced examinations | ||||||
21 | of the offender's computer or any other device with | ||||||
22 | Internet capability by the offender's probation | ||||||
23 | officer, a law enforcement officer, or assigned | ||||||
24 | computer or information technology specialist, | ||||||
25 | including the retrieval and copying of all data from | ||||||
26 | the computer or device and any internal or external |
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1 | peripherals and removal of such information, | ||||||
2 | equipment, or device to conduct a more thorough | ||||||
3 | inspection; | ||||||
4 | (iii) submit to the installation on the offender's | ||||||
5 | computer or device with Internet capability, at the | ||||||
6 | offender's expense, of one or more hardware or | ||||||
7 | software systems to monitor the Internet use; and | ||||||
8 | (iv) submit to any other appropriate restrictions | ||||||
9 | concerning the offender's use of or access to a | ||||||
10 | computer or any other device with Internet capability | ||||||
11 | imposed by the offender's probation officer; | ||||||
12 | (8.9) if convicted of a sex offense as defined in the | ||||||
13 | Sex Offender
Registration Act committed on or after | ||||||
14 | January 1, 2010 (the effective date of Public Act 96-262), | ||||||
15 | refrain from accessing or using a social networking | ||||||
16 | website as defined in Section 17-0.5 of the Criminal Code | ||||||
17 | of 2012;
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18 | (9) if convicted of a felony or of any misdemeanor | ||||||
19 | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | ||||||
20 | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of | ||||||
21 | 2012 that was determined, pursuant to Section 112A-11.1 of | ||||||
22 | the Code of Criminal Procedure of 1963, to trigger the | ||||||
23 | prohibitions of 18 U.S.C. 922(g)(9), physically surrender | ||||||
24 | at a time and place
designated by the court, his or her | ||||||
25 | Firearm
Owner's Identification Card and
any and all | ||||||
26 | firearms in
his or her possession. The Court shall return |
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1 | to the Illinois State Police Firearm Owner's | ||||||
2 | Identification Card Office the person's Firearm Owner's | ||||||
3 | Identification Card;
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4 | (10) if convicted of a sex offense as defined in | ||||||
5 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
6 | offender is a parent or guardian of the person under 18 | ||||||
7 | years of age present in the home and no non-familial | ||||||
8 | minors are present, not participate in a holiday event | ||||||
9 | involving children under 18 years of age, such as | ||||||
10 | distributing candy or other items to children on | ||||||
11 | Halloween, wearing a Santa Claus costume on or preceding | ||||||
12 | Christmas, being employed as a department store Santa | ||||||
13 | Claus, or wearing an Easter Bunny costume on or preceding | ||||||
14 | Easter; | ||||||
15 | (11) if convicted of a sex offense as defined in | ||||||
16 | Section 2 of the Sex Offender Registration Act committed | ||||||
17 | on or after January 1, 2010 (the effective date of Public | ||||||
18 | Act 96-362) that requires the person to register as a sex | ||||||
19 | offender under that Act, may not knowingly use any | ||||||
20 | computer scrub software on any computer that the sex | ||||||
21 | offender uses; | ||||||
22 | (12) if convicted of a violation of the | ||||||
23 | Methamphetamine Control and Community Protection Act, the | ||||||
24 | Methamphetamine
Precursor Control Act, or a | ||||||
25 | methamphetamine related offense: | ||||||
26 | (A) prohibited from purchasing, possessing, or |
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1 | having under his or her control any product containing | ||||||
2 | pseudoephedrine unless prescribed by a physician; and | ||||||
3 | (B) prohibited from purchasing, possessing, or | ||||||
4 | having under his or her control any product containing | ||||||
5 | ammonium nitrate; and | ||||||
6 | (13) if convicted of a hate crime involving the | ||||||
7 | protected class identified in subsection (a) of Section | ||||||
8 | 12-7.1 of the Criminal Code of 2012 that gave rise to the | ||||||
9 | offense the offender committed, perform public or | ||||||
10 | community service of no less than 200 hours and enroll in | ||||||
11 | an educational program discouraging hate crimes that | ||||||
12 | includes racial, ethnic, and cultural sensitivity training | ||||||
13 | ordered by the court. | ||||||
14 | (b) The Court may in addition to other reasonable | ||||||
15 | conditions relating to the
nature of the offense or the | ||||||
16 | rehabilitation of the defendant as determined for
each | ||||||
17 | defendant in the proper discretion of the Court require that | ||||||
18 | the person:
| ||||||
19 | (1) serve a term of periodic imprisonment under | ||||||
20 | Article 7 for a
period not to exceed that specified in | ||||||
21 | paragraph (d) of Section 5-7-1;
| ||||||
22 | (2) pay a fine and costs;
| ||||||
23 | (3) work or pursue a course of study or vocational | ||||||
24 | training;
| ||||||
25 | (4) undergo medical, psychological or psychiatric | ||||||
26 | treatment; or treatment
for drug addiction or alcoholism;
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1 | (5) attend or reside in a facility established for the | ||||||
2 | instruction
or residence of defendants on probation;
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3 | (6) support his dependents;
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4 | (7) and in addition, if a minor:
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5 | (i) reside with his parents or in a foster home;
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6 | (ii) attend school;
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7 | (iii) attend a non-residential program for youth;
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8 | (iv) contribute to his own support at home or in a | ||||||
9 | foster home;
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10 | (v) with the consent of the superintendent of the
| ||||||
11 | facility, attend an educational program at a facility | ||||||
12 | other than the school
in which the
offense was | ||||||
13 | committed if he
or she is convicted of a crime of | ||||||
14 | violence as
defined in
Section 2 of the Crime Victims | ||||||
15 | Compensation Act committed in a school, on the
real
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16 | property
comprising a school, or within 1,000 feet of | ||||||
17 | the real property comprising a
school;
| ||||||
18 | (8) make restitution as provided in Section 5-5-6 of | ||||||
19 | this Code;
| ||||||
20 | (9) perform some reasonable public or community | ||||||
21 | service;
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22 | (10) serve a term of home confinement. In addition to | ||||||
23 | any other
applicable condition of probation or conditional | ||||||
24 | discharge, the
conditions of home confinement shall be | ||||||
25 | that the offender:
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26 | (i) remain within the interior premises of the |
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1 | place designated for
his confinement during the hours | ||||||
2 | designated by the court;
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3 | (ii) admit any person or agent designated by the | ||||||
4 | court into the
offender's place of confinement at any | ||||||
5 | time for purposes of verifying
the offender's | ||||||
6 | compliance with the conditions of his confinement; and
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7 | (iii) if further deemed necessary by the court or | ||||||
8 | the
Probation or
Court Services Department, be placed | ||||||
9 | on an approved
electronic monitoring device, subject | ||||||
10 | to Article 8A of Chapter V;
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11 | (iv) for persons convicted of any alcohol, | ||||||
12 | cannabis or controlled
substance violation who are | ||||||
13 | placed on an approved monitoring device as a
condition | ||||||
14 | of probation or conditional discharge, the court shall | ||||||
15 | impose a
reasonable fee for each day of the use of the | ||||||
16 | device, as established by the
county board in | ||||||
17 | subsection (g) of this Section, unless after | ||||||
18 | determining the
inability of the offender to pay the | ||||||
19 | fee, the court assesses a lesser fee or no
fee as the | ||||||
20 | case may be. This fee shall be imposed in addition to | ||||||
21 | the fees
imposed under subsections (g) and (i) of this | ||||||
22 | Section. The fee shall be
collected by the clerk of the | ||||||
23 | circuit court, except as provided in an administrative | ||||||
24 | order of the Chief Judge of the circuit court. The | ||||||
25 | clerk of the circuit
court shall pay all monies | ||||||
26 | collected from this fee to the county treasurer
for |
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1 | deposit in the substance abuse services fund under | ||||||
2 | Section 5-1086.1 of
the Counties Code, except as | ||||||
3 | provided in an administrative order of the Chief Judge | ||||||
4 | of the circuit court. | ||||||
5 | The Chief Judge of the circuit court of the county | ||||||
6 | may by administrative order establish a program for | ||||||
7 | electronic monitoring of offenders, in which a vendor | ||||||
8 | supplies and monitors the operation of the electronic | ||||||
9 | monitoring device, and collects the fees on behalf of | ||||||
10 | the county. The program shall include provisions for | ||||||
11 | indigent offenders and the collection of unpaid fees. | ||||||
12 | The program shall not unduly burden the offender and | ||||||
13 | shall be subject to review by the Chief Judge. | ||||||
14 | The Chief Judge of the circuit court may suspend | ||||||
15 | any additional charges or fees for late payment, | ||||||
16 | interest, or damage to any device; and
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17 | (v) for persons convicted of offenses other than | ||||||
18 | those referenced in
clause (iv) above and who are | ||||||
19 | placed on an approved monitoring device as a
condition | ||||||
20 | of probation or conditional discharge, the court shall | ||||||
21 | impose
a reasonable fee for each day of the use of the | ||||||
22 | device, as established by the
county board in | ||||||
23 | subsection (g) of this Section, unless after | ||||||
24 | determining the
inability of the defendant to pay the | ||||||
25 | fee, the court assesses a lesser fee or
no fee as the | ||||||
26 | case may be. This fee shall be imposed in addition to |
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| |||||||
1 | the fees
imposed under subsections (g) and (i) of this | ||||||
2 | Section. The fee
shall be collected by the clerk of the | ||||||
3 | circuit court, except as provided in an administrative | ||||||
4 | order of the Chief Judge of the circuit court. The | ||||||
5 | clerk of the circuit
court shall pay all monies | ||||||
6 | collected from this fee
to the county treasurer who | ||||||
7 | shall use the monies collected to defray the
costs of | ||||||
8 | corrections. The county treasurer shall deposit the | ||||||
9 | fee
collected in the probation and court services | ||||||
10 | fund.
The Chief Judge of the circuit court of the | ||||||
11 | county may by administrative order establish a program | ||||||
12 | for electronic monitoring of offenders, in which a | ||||||
13 | vendor supplies and monitors the operation of the | ||||||
14 | electronic monitoring device, and collects the fees on | ||||||
15 | behalf of the county. The program shall include | ||||||
16 | provisions for indigent offenders and the collection | ||||||
17 | of unpaid fees. The program shall not unduly burden | ||||||
18 | the offender and shall be subject to review by the | ||||||
19 | Chief Judge.
| ||||||
20 | The Chief Judge of the circuit court may suspend | ||||||
21 | any additional charges or fees for late payment, | ||||||
22 | interest, or damage to any device. | ||||||
23 | (11) comply with the terms and conditions of an order | ||||||
24 | of protection issued
by the court pursuant to the Illinois | ||||||
25 | Domestic Violence Act of 1986,
as now or hereafter | ||||||
26 | amended, or an order of protection issued by the court of
|
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| |||||||
1 | another state, tribe, or United States territory. A copy | ||||||
2 | of the order of
protection shall be
transmitted to the | ||||||
3 | probation officer or agency
having responsibility for the | ||||||
4 | case;
| ||||||
5 | (12) reimburse any "local anti-crime program" as | ||||||
6 | defined in Section 7
of the Anti-Crime Advisory Council | ||||||
7 | Act for any reasonable expenses incurred
by the program on | ||||||
8 | the offender's case, not to exceed the maximum amount of
| ||||||
9 | the fine authorized for the offense for which the | ||||||
10 | defendant was sentenced;
| ||||||
11 | (13) contribute a reasonable sum of money, not to | ||||||
12 | exceed the maximum
amount of the fine authorized for the
| ||||||
13 | offense for which the defendant was sentenced, (i) to a | ||||||
14 | "local anti-crime
program", as defined in Section 7 of the | ||||||
15 | Anti-Crime Advisory Council Act, or (ii) for offenses | ||||||
16 | under the jurisdiction of the Department of Natural | ||||||
17 | Resources, to the fund established by the Department of | ||||||
18 | Natural Resources for the purchase of evidence for | ||||||
19 | investigation purposes and to conduct investigations as | ||||||
20 | outlined in Section 805-105 of the Department of Natural | ||||||
21 | Resources (Conservation) Law;
| ||||||
22 | (14) refrain from entering into a designated | ||||||
23 | geographic area except upon
such terms as the court finds | ||||||
24 | appropriate. Such terms may include
consideration of the | ||||||
25 | purpose of the entry, the time of day, other persons
| ||||||
26 | accompanying the defendant, and advance approval by a
|
| |||||||
| |||||||
1 | probation officer, if
the defendant has been placed on | ||||||
2 | probation or advance approval by the
court, if the | ||||||
3 | defendant was placed on conditional discharge;
| ||||||
4 | (15) refrain from having any contact, directly or | ||||||
5 | indirectly, with
certain specified persons or particular | ||||||
6 | types of persons, including but not
limited to members of | ||||||
7 | street gangs and drug users or dealers;
| ||||||
8 | (16) refrain from having in his or her body the | ||||||
9 | presence of any illicit
drug prohibited by the Cannabis | ||||||
10 | Control Act, the Illinois Controlled
Substances Act , or | ||||||
11 | the Methamphetamine Control and Community Protection Act, | ||||||
12 | unless prescribed by a physician, and submit samples of
| ||||||
13 | his or her blood or urine or both for tests to determine | ||||||
14 | the presence of any
illicit drug;
| ||||||
15 | (17) if convicted for an offense committed on or after | ||||||
16 | June 1, 2008 (the effective date of Public Act 95-464) | ||||||
17 | that would qualify the accused as a child sex offender as | ||||||
18 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code | ||||||
19 | of 1961 or the Criminal Code of 2012, refrain from | ||||||
20 | communicating with or contacting, by means of the | ||||||
21 | Internet, a person who is related to the accused and whom | ||||||
22 | the accused reasonably believes to be under 18 years of | ||||||
23 | age; for purposes of this paragraph (17), "Internet" has | ||||||
24 | the meaning ascribed to it in Section 16-0.1 of the | ||||||
25 | Criminal Code of 2012; and a person is related to the | ||||||
26 | accused if the person is: (i) the spouse, brother, or |
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| |||||||
1 | sister of the accused; (ii) a descendant of the accused; | ||||||
2 | (iii) a first or second cousin of the accused; or (iv) a | ||||||
3 | step-child or adopted child of the accused; | ||||||
4 | (18) if convicted for an offense committed on or after | ||||||
5 | June 1, 2009 (the effective date of Public Act 95-983) | ||||||
6 | that would qualify as a sex offense as defined in the Sex | ||||||
7 | Offender Registration Act: | ||||||
8 | (i) not access or use a computer or any other | ||||||
9 | device with Internet capability without the prior | ||||||
10 | written approval of the offender's probation officer, | ||||||
11 | except in connection with the offender's employment or | ||||||
12 | search for employment with the prior approval of the | ||||||
13 | offender's probation officer; | ||||||
14 | (ii) submit to periodic unannounced examinations | ||||||
15 | of the offender's computer or any other device with | ||||||
16 | Internet capability by the offender's probation | ||||||
17 | officer, a law enforcement officer, or assigned | ||||||
18 | computer or information technology specialist, | ||||||
19 | including the retrieval and copying of all data from | ||||||
20 | the computer or device and any internal or external | ||||||
21 | peripherals and removal of such information, | ||||||
22 | equipment, or device to conduct a more thorough | ||||||
23 | inspection; | ||||||
24 | (iii) submit to the installation on the offender's | ||||||
25 | computer or device with Internet capability, at the | ||||||
26 | subject's expense, of one or more hardware or software |
| |||||||
| |||||||
1 | systems to monitor the Internet use; and | ||||||
2 | (iv) submit to any other appropriate restrictions | ||||||
3 | concerning the offender's use of or access to a | ||||||
4 | computer or any other device with Internet capability | ||||||
5 | imposed by the offender's probation officer; and | ||||||
6 | (19) refrain from possessing a firearm or other | ||||||
7 | dangerous weapon where the offense is a misdemeanor that | ||||||
8 | did not involve the intentional or knowing infliction of | ||||||
9 | bodily harm or threat of bodily harm. | ||||||
10 | (c) The court may as a condition of probation or of | ||||||
11 | conditional
discharge require that a person under 18 years of | ||||||
12 | age found guilty of any
alcohol, cannabis or controlled | ||||||
13 | substance violation, refrain from acquiring
a driver's license | ||||||
14 | during
the period of probation or conditional discharge. If | ||||||
15 | such person
is in possession of a permit or license, the court | ||||||
16 | may require that
the minor refrain from driving or operating | ||||||
17 | any motor vehicle during the
period of probation or | ||||||
18 | conditional discharge, except as may be necessary in
the | ||||||
19 | course of the minor's lawful employment.
| ||||||
20 | (d) An offender sentenced to probation or to conditional | ||||||
21 | discharge
shall be given a certificate setting forth the | ||||||
22 | conditions thereof.
| ||||||
23 | (e) Except where the offender has committed a fourth or | ||||||
24 | subsequent
violation of subsection (c) of Section 6-303 of the | ||||||
25 | Illinois Vehicle Code,
the court shall not require as a | ||||||
26 | condition of the sentence of
probation or conditional |
| |||||||
| |||||||
1 | discharge that the offender be committed to a
period of | ||||||
2 | imprisonment in excess of 6 months.
This 6-month limit shall | ||||||
3 | not include periods of confinement given pursuant to
a | ||||||
4 | sentence of county impact incarceration under Section 5-8-1.2.
| ||||||
5 | Persons committed to imprisonment as a condition of | ||||||
6 | probation or
conditional discharge shall not be committed to | ||||||
7 | the Department of
Corrections.
| ||||||
8 | (f) The court may combine a sentence of periodic | ||||||
9 | imprisonment under
Article 7 or a sentence to a county impact | ||||||
10 | incarceration program under
Article 8 with a sentence of | ||||||
11 | probation or conditional discharge.
| ||||||
12 | (g) An offender sentenced to probation or to conditional | ||||||
13 | discharge and
who during the term of either undergoes | ||||||
14 | mandatory drug or alcohol testing,
or both, or is assigned to | ||||||
15 | be placed on an approved electronic monitoring
device, shall | ||||||
16 | be ordered to pay all costs incidental to such mandatory drug
| ||||||
17 | or alcohol testing, or both, and all costs
incidental to such | ||||||
18 | approved electronic monitoring in accordance with the
| ||||||
19 | defendant's ability to pay those costs. The county board with
| ||||||
20 | the concurrence of the Chief Judge of the judicial
circuit in | ||||||
21 | which the county is located shall establish reasonable fees | ||||||
22 | for
the cost of maintenance, testing, and incidental expenses | ||||||
23 | related to the
mandatory drug or alcohol testing, or both, and | ||||||
24 | all costs incidental to
approved electronic monitoring, | ||||||
25 | involved in a successful probation program
for the county. The | ||||||
26 | concurrence of the Chief Judge shall be in the form of
an |
| |||||||
| |||||||
1 | administrative order.
The fees shall be collected by the clerk | ||||||
2 | of the circuit court, except as provided in an administrative | ||||||
3 | order of the Chief Judge of the circuit court. The clerk of
the | ||||||
4 | circuit court shall pay all moneys collected from these fees | ||||||
5 | to the county
treasurer who shall use the moneys collected to | ||||||
6 | defray the costs of
drug testing, alcohol testing, and | ||||||
7 | electronic monitoring.
The county treasurer shall deposit the | ||||||
8 | fees collected in the
county working cash fund under Section | ||||||
9 | 6-27001 or Section 6-29002 of the
Counties Code, as the case | ||||||
10 | may be.
The Chief Judge of the circuit court of the county may | ||||||
11 | by administrative order establish a program for electronic | ||||||
12 | monitoring of offenders, in which a vendor supplies and | ||||||
13 | monitors the operation of the electronic monitoring device, | ||||||
14 | and collects the fees on behalf of the county. The program | ||||||
15 | shall include provisions for indigent offenders and the | ||||||
16 | collection of unpaid fees. The program shall not unduly burden | ||||||
17 | the offender and shall be subject to review by the Chief Judge. | ||||||
18 | A person shall not be assessed costs or fees for mandatory | ||||||
19 | testing for drugs, alcohol, or both, if the person is an | ||||||
20 | indigent person as defined in paragraph (2) of subsection (a) | ||||||
21 | of Section 5-105 of the Code of Civil Procedure.
| ||||||
22 | The Chief Judge of the circuit court may suspend any | ||||||
23 | additional charges or fees for late payment, interest, or | ||||||
24 | damage to any device. | ||||||
25 | (h) Jurisdiction over an offender may be transferred from | ||||||
26 | the
sentencing court to the court of another circuit with the |
| |||||||
| |||||||
1 | concurrence of
both courts. Further transfers or retransfers | ||||||
2 | of
jurisdiction are also
authorized in the same manner. The | ||||||
3 | court to which jurisdiction has been
transferred shall have | ||||||
4 | the same powers as the sentencing court.
The probation | ||||||
5 | department within the circuit to which jurisdiction has been | ||||||
6 | transferred, or which has agreed to provide supervision, may | ||||||
7 | impose probation fees upon receiving the transferred offender, | ||||||
8 | as provided in subsection (i). For all transfer cases, as | ||||||
9 | defined in Section 9b of the Probation and Probation Officers | ||||||
10 | Act, the probation department from the original sentencing | ||||||
11 | court shall retain all probation fees collected prior to the | ||||||
12 | transfer. After the transfer,
all probation fees shall be paid | ||||||
13 | to the probation department within the
circuit to which | ||||||
14 | jurisdiction has been transferred.
| ||||||
15 | (i) The court shall impose upon an offender
sentenced to | ||||||
16 | probation after January 1, 1989 or to conditional discharge
| ||||||
17 | after January 1, 1992 or to community service under the | ||||||
18 | supervision of a
probation or court services department after | ||||||
19 | January 1, 2004, as a condition of such probation or | ||||||
20 | conditional
discharge or supervised community service, a fee | ||||||
21 | of $50
for each month of probation or
conditional
discharge | ||||||
22 | supervision or supervised community service ordered by the | ||||||
23 | court, unless after
determining the inability of the person | ||||||
24 | sentenced to probation or conditional
discharge or supervised | ||||||
25 | community service to pay the
fee, the court assesses a lesser | ||||||
26 | fee. The court may not impose the fee on a
minor who is placed |
| |||||||
| |||||||
1 | in the guardianship or custody of the Department of Children | ||||||
2 | and Family Services under the Juvenile Court Act of 1987
while | ||||||
3 | the minor is in placement.
The fee shall be imposed only upon
| ||||||
4 | an offender who is actively supervised by the
probation and | ||||||
5 | court services
department. The fee shall be collected by the | ||||||
6 | clerk
of the circuit court. The clerk of the circuit court | ||||||
7 | shall pay all monies
collected from this fee to the county | ||||||
8 | treasurer for deposit in the
probation and court services fund | ||||||
9 | under Section 15.1 of the
Probation and Probation Officers | ||||||
10 | Act.
| ||||||
11 | A circuit court may not impose a probation fee under this | ||||||
12 | subsection (i) in excess of $25
per month unless the circuit | ||||||
13 | court has adopted, by administrative
order issued by the chief | ||||||
14 | judge, a standard probation fee guide
determining an | ||||||
15 | offender's ability to pay. Of the
amount collected as a | ||||||
16 | probation fee, up to $5 of that fee
collected per month may be | ||||||
17 | used to provide services to crime victims
and their families. | ||||||
18 | The Court may only waive probation fees based on an | ||||||
19 | offender's ability to pay. The probation department may | ||||||
20 | re-evaluate an offender's ability to pay every 6 months, and, | ||||||
21 | with the approval of the Director of Court Services or the | ||||||
22 | Chief Probation Officer, adjust the monthly fee amount. An | ||||||
23 | offender may elect to pay probation fees due in a lump sum.
Any | ||||||
24 | offender that has been assigned to the supervision of a | ||||||
25 | probation department, or has been transferred either under | ||||||
26 | subsection (h) of this Section or under any interstate |
| |||||||
| |||||||
1 | compact, shall be required to pay probation fees to the | ||||||
2 | department supervising the offender, based on the offender's | ||||||
3 | ability to pay.
| ||||||
4 | Public Act 93-970 deletes the $10 increase in the fee | ||||||
5 | under this subsection that was imposed by Public Act 93-616. | ||||||
6 | This deletion is intended to control over any other Act of the | ||||||
7 | 93rd General Assembly that retains or incorporates that fee | ||||||
8 | increase. | ||||||
9 | (i-5) In addition to the fees imposed under subsection (i) | ||||||
10 | of this Section, in the case of an offender convicted of a | ||||||
11 | felony sex offense (as defined in the Sex Offender Management | ||||||
12 | Board Act) or an offense that the court or probation | ||||||
13 | department has determined to be sexually motivated (as defined | ||||||
14 | in the Sex Offender Management Board Act), the court or the | ||||||
15 | probation department shall assess additional fees to pay for | ||||||
16 | all costs of treatment, assessment, evaluation for risk and | ||||||
17 | treatment, and monitoring the offender, based on that | ||||||
18 | offender's ability to pay those costs either as they occur or | ||||||
19 | under a payment plan. | ||||||
20 | (j) All fines and costs imposed under this Section for any | ||||||
21 | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
22 | Code, or a similar
provision of a local ordinance, and any | ||||||
23 | violation of the Child Passenger
Protection Act, or a similar | ||||||
24 | provision of a local ordinance, shall be
collected and | ||||||
25 | disbursed by the circuit clerk as provided under the Criminal | ||||||
26 | and Traffic Assessment Act.
|
| |||||||
| |||||||
1 | (k) Any offender who is sentenced to probation or | ||||||
2 | conditional discharge for a felony sex offense as defined in | ||||||
3 | the Sex Offender Management Board Act or any offense that the | ||||||
4 | court or probation department has determined to be sexually | ||||||
5 | motivated as defined in the Sex Offender Management Board Act | ||||||
6 | shall be required to refrain from any contact, directly or | ||||||
7 | indirectly, with any persons specified by the court and shall | ||||||
8 | be available for all evaluations and treatment programs | ||||||
9 | required by the court or the probation department.
| ||||||
10 | (l) The court may order an offender who is sentenced to | ||||||
11 | probation or conditional
discharge for a violation of an order | ||||||
12 | of protection be placed under electronic surveillance as | ||||||
13 | provided in Section 5-8A-7 of this Code. | ||||||
14 | (m) A person on probation, conditional discharge, or | ||||||
15 | supervision shall not be ordered to refrain from having | ||||||
16 | cannabis or alcohol in his or her body unless: | ||||||
17 | (1) the person is under 21 years old; | ||||||
18 | (2) the person was sentenced to probation, conditional | ||||||
19 | discharge, or supervision for an offense which had as an | ||||||
20 | element of the offense the presence of an intoxicating | ||||||
21 | compound in the person's body; | ||||||
22 | (3) the person is participating in a problem-solving | ||||||
23 | court certified by the Illinois Supreme Court; | ||||||
24 | (4) the person has undergone a validated clinical | ||||||
25 | assessment and the
clinical treatment plan includes | ||||||
26 | alcohol or cannabis testing; or |
| |||||||
| |||||||
1 | (5) a court ordered evaluation recommends that the | ||||||
2 | person refrain from using alcohol or cannabis, provided
| ||||||
3 | the evaluation is a validated clinical assessment and the | ||||||
4 | recommendation
originates from a clinical treatment plan. | ||||||
5 | If the court has made findings that alcohol use
was a | ||||||
6 | contributing factor in the commission of the
underlying | ||||||
7 | offense, the court may order a person on
probation, | ||||||
8 | conditional discharge, or supervision to refrain
from having | ||||||
9 | alcohol in his or her body during the time
between sentencing | ||||||
10 | and the completion of a validated
clinical assessment, | ||||||
11 | provided
that such order shall not exceed 30 days and shall be
| ||||||
12 | terminated if the clinical treatment plan does not recommend | ||||||
13 | abstinence or testing, or both. | ||||||
14 | In this subsection (m), "validated clinical assessment" | ||||||
15 | and "clinical treatment plan" have the meanings ascribed to | ||||||
16 | them in Section 10 of the Drug Court Treatment Act. | ||||||
17 | In any instance in which the court orders testing for | ||||||
18 | cannabis or alcohol, the court shall state the reasonable | ||||||
19 | relation the condition has to the person's crime for which the | ||||||
20 | person was placed on probation, conditional discharge, or | ||||||
21 | supervision. | ||||||
22 | (n) A person on probation, conditional discharge, or | ||||||
23 | supervision shall not be ordered to refrain from use or | ||||||
24 | consumption of any substance lawfully prescribed by a medical | ||||||
25 | provider or authorized by the Compassionate Use of Medical | ||||||
26 | Cannabis Program Act, except where use is prohibited in |
| |||||||
| |||||||
1 | paragraph (3) or (4) of subsection (m). | ||||||
2 | (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)".
|