|
| Public Act 097-0560
|
| HB1908 Enrolled | LRB097 06479 RLC 50699 b |
|
|
AN ACT concerning criminal law.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Unified Code of Corrections is amended by |
changing Sections 3-3-7, 3-14-1, and 5-6-3 as follows:
|
(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) |
Sec. 3-3-7. Conditions of Parole or Mandatory Supervised |
Release.
|
(a) The conditions of parole or mandatory
supervised |
release shall be such as the Prisoner Review
Board deems |
necessary to assist the subject in leading a
law-abiding life. |
The conditions of every parole and mandatory
supervised release |
are that the subject:
|
(1) not violate any criminal statute of any |
jurisdiction
during the parole or release term;
|
(2) refrain from possessing a firearm or other |
dangerous
weapon;
|
(3) report to an agent of the Department of |
Corrections;
|
(4) permit the agent to visit him or her at his or her |
home, employment,
or
elsewhere to the
extent necessary for |
the agent to discharge his or her duties;
|
(5) attend or reside in a facility established for the |
|
instruction or
residence
of persons on
parole or mandatory |
supervised release;
|
(6) secure permission before visiting or writing a |
committed person in an
Illinois Department
of Corrections |
facility;
|
(7) report all arrests to an agent of the Department of |
Corrections as
soon as
permitted by the
arresting authority |
but in no event later than 24 hours after release from
|
custody;
|
(7.5) if convicted of a sex offense as defined in the |
Sex Offender
Management Board Act, the individual shall |
undergo and successfully complete
sex offender treatment |
conducted in conformance with the standards developed by
|
the Sex
Offender Management Board Act by a treatment |
provider approved by the Board;
|
(7.6) if convicted of a sex offense as defined in the |
Sex Offender
Management Board Act, refrain from residing 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, or is in any facility operated or licensed by |
|
the Department of Children and Family Services or by the |
Department of Human Services, or is in any licensed medical |
facility;
|
(7.7) if convicted for an offense that would qualify |
the accused as a sexual predator under the Sex Offender |
Registration Act on or after the effective date of this |
amendatory Act of the 94th General Assembly, wear an |
approved electronic monitoring device as defined in |
Section 5-8A-2 for the duration of the person's parole, |
mandatory supervised release term, or extended mandatory |
supervised release term and if convicted for an offense of |
criminal sexual assault, aggravated criminal sexual |
assault, predatory criminal sexual assault of a child, |
criminal sexual abuse, aggravated criminal sexual abuse, |
or ritualized abuse of a child committed on or after August |
11, 2009 (the effective date of Public Act 96-236) when the |
victim was under 18 years of age at the time of the |
commission of the offense and the defendant used force or |
the threat of force in the commission of the offense wear |
an approved electronic monitoring device as defined in |
Section 5-8A-2 that has Global Positioning System (GPS) |
capability for the duration of the person's parole, |
mandatory supervised release term, or extended mandatory |
supervised release term;
|
(7.8) if convicted for an offense committed on or after |
the effective date of this amendatory Act of the 95th |
|
General Assembly 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, 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 (7.8), "Internet" has the meaning ascribed to it |
in Section 16J-5 of the Criminal Code of 1961; 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;
|
(7.9)
if convicted under Section 11-6, 11-20.1, |
11-20.3, or 11-21 of the Criminal Code of 1961, consent to |
search of computers, PDAs, cellular phones, and other |
devices under his or her control that are capable of |
accessing the Internet or storing electronic files, in |
order to confirm Internet protocol addresses reported in |
accordance with the Sex Offender Registration Act and |
compliance with conditions in this Act;
|
(7.10)
if convicted for an offense that would qualify |
the accused as a sex offender or sexual predator under the |
Sex Offender Registration Act on or after the effective |
date of this amendatory Act of the 95th General Assembly, |
not possess prescription drugs for erectile dysfunction;
|
|
(7.11) if convicted for an offense under Section 11-6, |
11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal |
Code of 1961, 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 Department; |
(ii) submit to periodic unannounced examinations |
of the offender's computer or any other device with |
Internet capability by the offender's supervising |
agent, 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 |
(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 Board, the Department or the offender's |
supervising agent; |
|
(7.12) 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 16D-2 of the Criminal Code of 1961;
|
(7.13) 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; |
(8) obtain permission of an agent of the Department of |
Corrections before
leaving the
State of Illinois;
|
(9) obtain permission of an agent of the Department of |
Corrections before
changing
his or her residence or |
employment;
|
(10) consent to a search of his or her person, |
property, or residence
under his or her
control;
|
(11) refrain from the use or possession of narcotics or |
other controlled
substances in
any form, or both, or any |
paraphernalia related to those substances and submit
to a
|
urinalysis test as instructed by a parole agent of the |
Department of
Corrections;
|
(12) not frequent places where controlled substances |
are illegally sold,
used,
distributed, or administered;
|
(13) not knowingly associate with other persons on |
|
parole or mandatory
supervised
release without prior |
written permission of his or her parole agent and not
|
associate with
persons who are members of an organized gang |
as that term is defined in the
Illinois
Streetgang |
Terrorism Omnibus Prevention Act;
|
(14) provide true and accurate information, as it |
relates to his or her
adjustment in the
community while on |
parole or mandatory supervised release or to his or her
|
conduct
while incarcerated, in response to inquiries by his |
or her parole agent or of
the
Department of Corrections;
|
(15) follow any specific instructions provided by the |
parole agent that
are consistent
with furthering |
conditions set and approved by the Prisoner Review Board or |
by
law,
exclusive of placement on electronic detention, to |
achieve the goals and
objectives of his
or her parole or |
mandatory supervised release or to protect the public. |
These
instructions by the parole agent may be modified at |
any time, as the agent
deems
appropriate;
|
(16) 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 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; and |
(17) if convicted of a violation of an order of |
protection under Section 12-30 of the Criminal Code of |
1961, be placed under electronic surveillance as provided |
in Section 5-8A-7 of this Code; and . |
(18) if convicted of a violation of the Methamphetamine |
Control and Community Protection Act, the Methamphetamine
|
Precursor Control Act, or a methamphetamine related |
offense, be: |
(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. |
(b) The Board may in addition to other conditions
require |
that the subject:
|
(1) work or pursue a course of study or vocational |
training;
|
(2) undergo medical or psychiatric treatment, or |
treatment
for drug addiction or alcoholism;
|
(3) attend or reside in a facility established for the
|
instruction or residence of persons on probation or parole;
|
(4) support his dependents;
|
(5) (blank);
|
|
(6) (blank);
|
(7) comply with the terms and conditions of an order of |
protection
issued pursuant to the Illinois Domestic |
Violence Act of 1986, enacted by the
84th General Assembly, |
or an order of protection issued by the court of another
|
state, tribe, or United States territory;
|
(7.5) if convicted for an offense committed on or after |
the effective date of this amendatory Act of the 95th |
General Assembly 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, 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 (7.5), "Internet" has the meaning ascribed to it |
in Section 16J-5 of the Criminal Code of 1961; 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; |
(7.6) 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: |
(i) not access or use a computer or any other |
device with Internet capability without the prior |
|
written approval of the Department; |
(ii) submit to periodic unannounced examinations |
of the offender's computer or any other device with |
Internet capability by the offender's supervising |
agent, 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 |
(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 Board, the Department or the offender's |
supervising agent; and
|
(8) 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; |
or
|
(iv) contribute to his own support at home or in a |
foster
home.
|
|
(b-1) In addition to the conditions set forth in |
subsections (a) and (b), persons required to register as sex |
offenders pursuant to the Sex Offender Registration Act, upon |
release from the custody of the Illinois Department of |
Corrections, may be required by the Board to comply with the |
following specific conditions of release: |
(1) reside only at a Department approved location; |
(2) comply with all requirements of the Sex Offender |
Registration Act;
|
(3) notify
third parties of the risks that may be |
occasioned by his or her criminal record; |
(4) obtain the approval of an agent of the Department |
of Corrections prior to accepting employment or pursuing a |
course of study or vocational training and notify the |
Department prior to any change in employment, study, or |
training; |
(5) not be employed or participate in any
volunteer |
activity that involves contact with children, except under |
circumstances approved in advance and in writing by an |
agent of the Department of Corrections; |
(6) be electronically monitored for a minimum of 12 |
months from the date of release as determined by the Board;
|
(7) refrain from entering into a designated
geographic |
area except upon terms approved in advance by an agent of |
the Department of Corrections. The terms may include |
consideration of the purpose of the entry, the time of day, |
|
and others accompanying the person; |
(8) refrain from having any contact, including
written |
or oral communications, directly or indirectly, personally |
or by telephone, letter, or through a third party with |
certain specified persons including, but not limited to, |
the victim or the victim's family without the prior written |
approval of an agent of the Department of Corrections; |
(9) refrain from all contact, directly or
indirectly, |
personally, by telephone, letter, or through a third party, |
with minor children without prior identification and |
approval of an agent of the Department of Corrections; |
(10) neither possess or have under his or her
control |
any material that is sexually oriented, sexually |
stimulating, or that shows male or female sex organs or any |
pictures depicting children under 18 years of age nude or |
any written or audio material describing sexual |
intercourse or that depicts or alludes to sexual activity, |
including but not limited to visual, auditory, telephonic, |
or electronic media, or any matter obtained through access |
to any computer or material linked to computer access use; |
(11) not patronize any business providing
sexually |
stimulating or sexually oriented entertainment nor utilize |
"900" or adult telephone numbers; |
(12) not reside near, visit, or be in or about
parks, |
schools, day care centers, swimming pools, beaches, |
theaters, or any other places where minor children |
|
congregate without advance approval of an agent of the |
Department of Corrections and immediately report any |
incidental contact with minor children to the Department; |
(13) not possess or have under his or her control
|
certain specified items of contraband related to the |
incidence of sexually offending as determined by an agent |
of the Department of Corrections; |
(14) may be required to provide a written daily log of |
activities
if directed by an agent of the Department of |
Corrections; |
(15) comply with all other special conditions
that the |
Department may impose that restrict the person from |
high-risk situations and limit access to potential |
victims; |
(16) take an annual polygraph exam; |
(17) maintain a log of his or her travel; or |
(18) obtain prior approval of his or her parole officer |
before driving alone in a motor vehicle.
|
(c) The conditions under which the parole or mandatory
|
supervised release is to be served shall be communicated to
the |
person in writing prior to his release, and he shall
sign the |
same before release. A signed copy of these conditions,
|
including a copy of an order of protection where one had been |
issued by the
criminal court, shall be retained by the person |
and another copy forwarded to
the officer in charge of his |
supervision.
|
|
(d) After a hearing under Section 3-3-9, the Prisoner
|
Review Board may modify or enlarge the conditions of parole
or |
mandatory supervised release.
|
(e) The Department shall inform all offenders committed to
|
the Department of the optional services available to them
upon |
release and shall assist inmates in availing themselves
of such |
optional services upon their release on a voluntary
basis. |
(f) When the subject is in compliance with all conditions |
of his or her parole or mandatory supervised release, the |
subject shall receive a reduction of the period of his or her |
parole or mandatory supervised release of 90 days upon passage |
of the high school level Test of General Educational |
Development during the period of his or her parole or mandatory |
supervised release. This reduction in the period of a subject's |
term of parole or mandatory supervised release shall be |
available only to subjects who have not previously earned a |
high school diploma or who have not previously passed the high |
school level Test of General Educational Development.
|
(Source: P.A. 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; 95-579, |
eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876, |
eff. 8-21-08; 95-983, eff. 6-1-09; 96-236, eff. 8-11-09; |
96-262, eff. 1-1-10; 96-328, eff. 8-11-09; 96-362, eff. 1-1-10; |
96-1000, eff. 7-2-10.)
|
(730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
|
Sec. 3-14-1. Release from the Institution.
|
|
(a) Upon release of a person on parole, mandatory release, |
final
discharge or pardon the Department shall return all |
property held for
him, provide him with suitable clothing and |
procure necessary
transportation for him to his designated |
place of residence and
employment. It may provide such person |
with a grant of money for travel and
expenses which may be paid |
in installments. The amount of the money grant
shall be |
determined by the Department.
|
The Department of Corrections may establish and maintain, |
in any institution
it administers, revolving funds to be known |
as "Travel and Allowances Revolving
Funds". These revolving |
funds shall be used for advancing travel and expense
allowances |
to committed, paroled, and discharged prisoners. The moneys
|
paid into such revolving funds shall be from appropriations to |
the Department
for Committed, Paroled, and Discharged |
Prisoners.
|
(b) (Blank).
|
(c) Except as otherwise provided in this Code, the |
Department shall
establish procedures to provide written |
notification of any release of any
person who has been |
convicted of a felony to the State's Attorney
and sheriff of |
the county from which the offender was committed, and the
|
State's Attorney and sheriff of the county into which the |
offender is to be
paroled or released. Except as otherwise |
provided in this Code, the
Department shall establish |
procedures to provide written notification to
the proper law |
|
enforcement agency for any municipality of any release of any
|
person who has been convicted of a felony if the arrest of the |
offender or the
commission of the offense took place in the |
municipality, if the offender is to
be paroled or released into |
the municipality, or if the offender resided in the
|
municipality at the time of the commission of the offense. If a |
person
convicted of a felony who is in the custody of the |
Department of Corrections or
on parole or mandatory supervised |
release informs the Department that he or she
has resided, |
resides, or will
reside at an address that is a housing |
facility owned, managed,
operated, or leased by a public |
housing agency, the Department must send
written notification |
of that information to the public housing agency that
owns, |
manages, operates, or leases the housing facility. The written
|
notification shall, when possible, be given at least 14 days |
before release of
the person from custody, or as soon |
thereafter as possible.
|
(c-1) (Blank). |
(c-2) The Department shall establish procedures to provide |
notice to the Department of State Police of the release or |
discharge of persons convicted of violations of the |
Methamphetamine Control and Community
Protection Act or a |
violation of the Methamphetamine Precursor Control Act. The |
Department of State Police shall make this information |
available to local, State, or federal law enforcement agencies |
upon request. |
|
(c-5) If a person on parole or mandatory supervised release |
becomes a resident of a facility licensed or regulated by the |
Department of Public Health, the Illinois Department of Public |
Aid, or the Illinois Department of Human Services, the |
Department of Corrections shall provide copies of the following |
information to the appropriate licensing or regulating |
Department and the licensed or regulated facility where the |
person becomes a resident: |
(1) The mittimus and any pre-sentence investigation |
reports. |
(2) The social evaluation prepared pursuant to Section |
3-8-2. |
(3) Any pre-release evaluation conducted pursuant to |
subsection (j) of Section 3-6-2. |
(4) Reports of disciplinary infractions and |
dispositions. |
(5) Any parole plan, including orders issued by the |
Prisoner Review Board, and any violation reports and |
dispositions. |
(6) The name and contact information for the assigned |
parole agent and parole supervisor.
|
This information shall be provided within 3 days of the |
person becoming a resident of the facility.
|
(c-10) If a person on parole or mandatory supervised |
release becomes a resident of a facility licensed or regulated |
by the Department of Public Health, the Illinois Department of |
|
Public Aid, or the Illinois Department of Human Services, the |
Department of Corrections shall provide written notification |
of such residence to the following: |
(1) The Prisoner Review Board. |
(2) The
chief of police and sheriff in the municipality |
and county in which the licensed facility is located. |
The notification shall be provided within 3 days of the |
person becoming a resident of the facility.
|
(d) Upon the release of a committed person on parole, |
mandatory
supervised release, final discharge or pardon, the |
Department shall provide
such person with information |
concerning programs and services of the
Illinois Department of |
Public Health to ascertain whether such person has
been exposed |
to the human immunodeficiency virus (HIV) or any identified
|
causative agent of Acquired Immunodeficiency Syndrome (AIDS).
|
(e) Upon the release of a committed person on parole, |
mandatory supervised
release, final discharge, or pardon, the |
Department shall provide the person
who has met the criteria |
established by the Department with an identification
card |
identifying the
person as being on parole, mandatory supervised |
release, final discharge, or
pardon, as the case may be. The |
Department, in consultation with the Office of
the Secretary of |
State, shall prescribe the form of the identification card,
|
which may be similar to the form of the standard Illinois |
Identification Card.
The Department shall inform the committed |
person that he or she may present the
identification card to |
|
the Office of the Secretary of State upon application
for a |
standard Illinois Identification Card in accordance with the |
Illinois
Identification Card Act. The Department shall require |
the committed person to
pay a $1 fee for the identification |
card.
|
For purposes of a committed person
receiving an |
identification card issued by the Department under this
|
subsection, the Department shall establish criteria that the
|
committed person must meet before the card is issued.
It is the |
sole responsibility of the
committed person requesting the |
identification card issued by the Department to
meet the |
established criteria.
The person's failure to
meet the criteria |
is sufficient reason to deny the committed person the
|
identification card. An identification card issued by the |
Department under
this subsection shall be valid for a period of |
time not to exceed 30 calendar
days from the date the card is |
issued.
The Department shall not be held civilly or
criminally |
liable to anyone because of any act of any person utilizing a |
card
issued by the Department under this subsection.
|
The Department shall adopt
rules governing the issuance of |
identification cards to committed persons being
released on |
parole, mandatory supervised release, final
discharge, or |
pardon.
|
(Source: P.A. 94-163, eff. 7-11-05.)
|
(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
|
|
Sec. 5-6-3. Conditions of Probation and of Conditional |
Discharge.
|
(a) The conditions of probation and of conditional |
discharge shall be
that the person:
|
(1) not violate any criminal statute of any |
jurisdiction;
|
(2) report to or appear in person before such person or |
agency as
directed by the court;
|
(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;
|
(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
|
notification and approval of the person's probation
|
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;
|
(5) permit the probation officer to visit
him at his |
home or elsewhere
to the extent necessary to discharge his |
duties;
|
(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
|
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 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;
|
(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
|
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 the high
|
school level Test of General Educational Development (GED) |
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
clause (7). The court shall revoke the |
probation or conditional discharge of a
person who wilfully |
fails to comply with this clause (7). The person on
|
probation or conditional discharge shall be required to pay |
for the cost of the
educational courses or GED test, if a |
fee is charged for those courses or
test. The court shall |
resentence the offender whose probation or conditional
|
discharge has been revoked as provided in Section 5-6-4. |
This clause (7) does
not apply to a person who has a high |
school diploma or has successfully passed
the GED test. |
This clause (7) does not apply to a person who is |
determined by
the court to be developmentally disabled or |
otherwise mentally incapable of
completing the educational |
or vocational program;
|
(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
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;
|
(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;
|
(8.6) if convicted of a sex offense as defined in the |
Sex Offender Management Board Act, refrain from residing 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, 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 |
16J-5 of the Criminal Code of 1961; 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, |
11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal |
Code of 1961, 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 |
(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 16D-2 of the Criminal Code of 1961;
|
(9) if convicted of a felony, 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;
|
(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 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; and |
(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; |
and . |
(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. |
(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:
|
(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;
|
(2) pay a fine and costs;
|
(3) work or pursue a course of study or vocational |
training;
|
(4) undergo medical, psychological 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) 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) contribute to his own support at home or in a |
foster home;
|
(v) with the consent of the superintendent of the
|
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
|
property
comprising a school, or within 1,000 feet of |
the real property comprising a
school;
|
|
(8) make restitution as provided in Section 5-5-6 of |
this Code;
|
(9) perform some reasonable public or community |
service;
|
(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:
|
(i) remain within the interior premises of the |
place designated for
his confinement during the hours |
designated by the court;
|
(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
|
(iii) if further deemed necessary by the court or |
the
Probation or
Court Services Department, be placed |
on an approved
electronic monitoring device, subject |
to Article 8A of Chapter V;
|
(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. 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; and
|
(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. 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 corrections. The county treasurer shall |
deposit the fee
collected in the county working cash |
|
fund under Section 6-27001 or Section
6-29002 of the |
Counties Code, as the case may be.
|
(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
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;
|
(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 the |
offender's case, not to exceed the maximum amount of
the |
fine authorized for the offense for which the defendant was |
sentenced;
|
(13) contribute a reasonable sum of money, not to |
exceed the maximum
amount of the fine authorized for the
|
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;
|
(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
|
accompanying the defendant, and advance approval by a
|
probation officer, if
the defendant has been placed on |
probation or advance approval by the
court, if the |
defendant was placed on conditional discharge;
|
(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;
|
(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
his |
or her blood or urine or both for tests to determine the |
presence of any
illicit drug;
|
(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, 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 16J-5 |
of the Criminal Code of 1961; 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: |
(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 |
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.
|
(d) An offender sentenced to probation or to conditional |
discharge
shall be given a certificate setting forth the |
conditions thereof.
|
(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.
|
Persons committed to imprisonment as a condition of |
probation or
conditional discharge shall not be committed to |
the Department of
Corrections.
|
(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.
|
(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
or alcohol |
testing, or both, and all costs
incidental to such approved |
electronic monitoring in accordance with the
defendant's |
ability to pay those costs. The county board with
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. 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.
|
(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.
|
(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 made a |
ward of the State 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.
|
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.
|
This amendatory Act of the 93rd General Assembly 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 Section 27.5
|
of the Clerks of Courts 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. |
(Source: P.A. 95-331, eff. 8-21-07; 95-464, eff. 6-1-08; |
95-578, eff. 6-1-08; 95-696, eff. 6-1-08; 95-773, eff. 1-1-09; |
95-876, eff. 8-21-08; 95-983, eff. 6-1-09; 96-262, eff. 1-1-10; |
96-328, eff. 8-11-09; 96-362, eff. 1-1-10; 96-695, eff. |
8-25-09; 96-1000, eff. 7-2-10; 96-1414, eff. 1-1-11.)
|
