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| Public Act 098-0575
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| SB1843 Enrolled | LRB098 09873 RLC 40031 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 2. The Juvenile Court Act of 1987 is amended by |
changing Section 5-715 as follows:
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(705 ILCS 405/5-715)
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Sec. 5-715. Probation.
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(1) The period of probation or conditional discharge shall |
not exceed 5
years or until the minor has attained the age of |
21 years, whichever is less,
except as provided in this Section |
for a minor who is found to be guilty
for an offense which is |
first degree murder, a Class X felony or a forcible
felony. The |
juvenile court may terminate probation or
conditional |
discharge and discharge the minor at any time if warranted by |
the
conduct of the minor and the ends of justice; provided, |
however, that the
period of probation for a minor who is found |
to be guilty for an offense which
is first degree murder, a |
Class X felony, or a forcible felony shall be at
least 5 years.
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(2) The court may as a condition of probation or of |
conditional discharge
require that the minor:
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(a) not violate any criminal statute of any |
jurisdiction;
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(b) make a report to and appear in person before any |
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person or agency as
directed by the court;
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(c) work or pursue a course of study or vocational |
training;
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(d) undergo medical or psychiatric treatment, rendered |
by a psychiatrist
or
psychological treatment rendered by a |
clinical psychologist or social work
services rendered by a |
clinical social worker, or treatment for drug addiction
or |
alcoholism;
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(e) attend or reside in a facility established for the |
instruction or
residence of persons on probation;
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(f) support his or her dependents, if any;
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(g) refrain from possessing a firearm or other |
dangerous weapon, or an
automobile;
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(h) permit the probation officer to visit him or her at |
his or her home or
elsewhere;
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(i) reside with his or her parents or in a foster home;
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(j) attend school;
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(j-5) with the consent of the superintendent
of the
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facility,
attend an educational program at a facility other |
than the school
in which the
offense was committed if he
or |
she committed a crime of violence as
defined in
Section 2 |
of the Crime Victims Compensation Act in a school, on the
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real
property
comprising a school, or within 1,000 feet of |
the real property comprising a
school;
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(k) attend a non-residential program for youth;
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(l) make restitution under the terms of subsection (4) |
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of Section 5-710;
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(m) contribute to his or her own support at home or in |
a foster home;
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(n) perform some reasonable public or community |
service;
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(o) participate with community corrections programs |
including unified
delinquency intervention services |
administered by the Department of Human
Services
subject to |
Section 5 of the Children and Family Services Act;
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(p) pay costs;
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(q) 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 minor:
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(i) remain within the interior premises of the |
place designated for his
or her confinement during the |
hours designated by the court;
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(ii) admit any person or agent designated by the |
court into the minor's
place of confinement at any time |
for purposes of verifying the minor's
compliance with |
the conditions of his or her confinement; and
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(iii) use an approved electronic monitoring device |
if ordered by the
court subject to Article 8A of |
Chapter V of the Unified Code of Corrections;
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(r) refrain from entering into a designated geographic |
area except upon
terms as the court finds appropriate. The |
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terms may include consideration of
the purpose of the |
entry, the time of day, other persons accompanying the
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minor, and advance approval by a probation officer, if the |
minor has been
placed on probation, or advance approval by |
the court, if the minor has been
placed on conditional |
discharge;
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(s) refrain from having any contact, directly or |
indirectly, with certain
specified persons or particular |
types of persons, including but not limited to
members of |
street gangs and drug users or dealers;
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(s-5) undergo a medical or other procedure to have a |
tattoo symbolizing
allegiance to a street
gang removed from |
his or her body;
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(t) 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 shall submit samples |
of his or her blood or urine or both
for tests to determine |
the presence of any illicit drug; or
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(u) comply with other conditions as may be ordered by |
the court.
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(3) The court may as a condition of probation or of |
conditional discharge
require that a minor found guilty on any |
alcohol, cannabis, methamphetamine, or
controlled substance |
violation, refrain from acquiring a driver's license
during the |
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period of probation or conditional discharge. If the minor is |
in
possession of a permit or license, the court may require |
that the minor refrain
from driving or operating any motor |
vehicle during the period of probation or
conditional |
discharge, except as may be necessary in the course of the |
minor's
lawful
employment.
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(3.5) The court shall, as a condition of probation or of |
conditional
discharge,
require that a minor found to be guilty |
and placed on probation for reasons
that include a
violation of |
Section 3.02 or Section 3.03 of the Humane Care for Animals Act |
or
paragraph
(4) of subsection (a) of Section 21-1 of the
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Criminal Code of 2012 undergo medical or psychiatric treatment |
rendered by a
psychiatrist or psychological treatment rendered |
by a clinical psychologist.
The
condition may be in addition to |
any other condition.
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(3.10) The court shall order that a minor placed on |
probation or
conditional discharge for a sex offense as defined |
in the Sex Offender
Management Board Act undergo and |
successfully complete sex offender treatment.
The treatment |
shall be in conformance with the standards developed under
the |
Sex Offender Management Board Act and conducted by a treatment |
provider
approved by the Board. The treatment shall be at the |
expense of the person
evaluated based upon that person's |
ability to pay for the treatment.
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(4) A minor on probation or conditional discharge shall be |
given a
certificate setting forth the conditions upon which he |
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or she is being
released.
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(5) The court shall impose upon a minor placed on probation |
or conditional
discharge, as a condition of the probation or |
conditional discharge, a fee of
$50 for each month of probation |
or conditional discharge supervision ordered by
the court, |
unless after determining the inability of the minor placed on
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probation or conditional discharge to pay the fee, the court |
assesses a lesser
amount. The court may not impose the fee on a |
minor who is made a ward of the
State under this Act while the |
minor is in placement. The fee shall be
imposed only upon a |
minor who is actively supervised by the probation and court
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services department. The court may order the parent, guardian, |
or legal
custodian of the minor to pay some or all of the fee on |
the minor's behalf.
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(5.5) Jurisdiction over an offender may be transferred from |
the
sentencing court to the court of another circuit with the |
concurrence
of both courts. Further transfers or retransfers of |
jurisdiction are
also authorized in the same manner. The court |
to which jurisdiction has
been transferred shall have the same |
powers as the sentencing court.
The probation department within |
the circuit to which jurisdiction has
been transferred, or |
which has agreed to provide supervision, may
impose probation |
fees upon receiving the transferred offender, as
provided in |
subsection (i) of Section 5-6-3 of the Unified Code of |
Corrections. For all transfer cases, as defined in
Section 9b |
of the Probation and Probation Officers Act, the probation
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department from the original sentencing court shall retain all
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probation fees collected prior to the transfer. After the |
transfer, all
probation fees shall be paid to the probation |
department within the
circuit to which jurisdiction has been |
transferred. |
If the transfer case originated in another state and has |
been transferred under the Interstate Compact for Juveniles to |
the jurisdiction of an Illinois circuit court for supervision |
by an Illinois probation department, probation fees may be |
imposed only if permitted by the Interstate Commission for |
Juveniles. |
(6) The General Assembly finds that in order to protect the |
public, the
juvenile justice system must compel compliance with |
the conditions of probation
by responding to violations with |
swift, certain, and fair punishments and
intermediate |
sanctions. The Chief Judge of each circuit shall adopt a system
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of structured, intermediate sanctions for violations of the |
terms and
conditions of a sentence of supervision, probation or |
conditional discharge,
under this
Act.
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The court shall provide as a condition of a disposition of |
probation,
conditional discharge, or supervision, that the |
probation agency may invoke any
sanction from the list of |
intermediate sanctions adopted by the chief judge of
the |
circuit court for violations of the terms and conditions of the |
sentence of
probation, conditional discharge, or supervision, |
subject to the provisions of
Section 5-720 of this Act.
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(Source: P.A. 96-1414, eff. 1-1-11; 97-1108, eff. 1-1-13; |
97-1150, eff. 1-25-13.)
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Section 3. The Unified Code of Corrections is amended by |
changing Section 5-6-3 as follows:
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(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) |
Sec. 5-6-3. Conditions of Probation and of Conditional |
Discharge.
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(a) The conditions of probation and of conditional |
discharge shall be
that the person:
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(1) not violate any criminal statute of any |
jurisdiction;
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(2) report to or appear in person before such person or |
agency as
directed by the court;
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(3) refrain from possessing a firearm or other |
dangerous weapon where the offense is a felony or, if a |
misdemeanor, the offense involved the intentional or |
knowing infliction of bodily harm or threat of bodily harm;
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(4) not leave the State without the consent of the |
court or, in
circumstances in which the reason for the |
absence is of such an emergency
nature that prior consent |
by the court is not possible, without the prior
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notification and approval of the person's probation
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officer. Transfer of a person's probation or conditional |
discharge
supervision to another state is subject to |
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acceptance by the other state
pursuant to the Interstate |
Compact for Adult Offender Supervision;
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(5) permit the probation officer to visit
him at his |
home or elsewhere
to the extent necessary to discharge his |
duties;
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(6) perform no less than 30 hours of community service |
and not more than
120 hours of community service, if |
community service is available in the
jurisdiction and is |
funded and approved by the county board where the offense
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was committed, where the offense was related to or in |
furtherance of the
criminal activities of an organized gang |
and was motivated by the offender's
membership in or |
allegiance to an organized gang. The community service |
shall
include, but not be limited to, the cleanup and |
repair of any damage caused by
a violation of Section |
21-1.3 of the Criminal Code of 1961 or the Criminal Code of |
2012 and similar damage
to property located within the |
municipality or county in which the violation
occurred. |
When possible and reasonable, the community service should |
be
performed in the offender's neighborhood. For purposes |
of this Section,
"organized gang" has the meaning ascribed |
to it in Section 10 of the Illinois
Streetgang Terrorism |
Omnibus Prevention Act;
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(7) if he or she is at least 17 years of age and has |
been sentenced to
probation or conditional discharge for a |
misdemeanor or felony in a county of
3,000,000 or more |
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inhabitants and has not been previously convicted of a
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misdemeanor or felony, may be required by the sentencing |
court to attend
educational courses designed to prepare the |
defendant for a high school diploma
and to work toward a |
high school diploma or to work toward passing the high
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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
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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
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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
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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;
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(8) if convicted of possession of a substance |
prohibited
by the Cannabis Control Act, the Illinois |
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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;
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(8.5) if convicted of a felony sex offense as defined |
in the Sex
Offender
Management Board Act, the person shall |
undergo and successfully complete sex
offender treatment |
by a treatment provider approved by the Board and conducted
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in conformance with the standards developed under the Sex
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Offender Management Board Act;
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(8.6) if convicted of a sex offense as defined in the |
Sex Offender Management Board Act, refrain from residing 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 |
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Corrections licensed transitional housing facility for sex |
offenders; |
(8.7) if convicted for an offense committed on or after |
June 1, 2008 (the effective date of Public Act 95-464) that |
would qualify the accused as a child sex offender as |
defined in Section 11-9.3 or 11-9.4 of the Criminal Code of |
1961 or the Criminal Code of 2012, refrain from |
communicating with or contacting, by means of the Internet, |
a person who is not related to the accused and whom the |
accused reasonably believes to be under 18 years of age; |
for purposes of this paragraph (8.7), "Internet" has the |
meaning ascribed to it in Section 16-0.1 of the Criminal |
Code of 2012; and a person is not related to the accused if |
the person is not: (i) the spouse, brother, or sister of |
the accused; (ii) a descendant of the accused; (iii) a |
first or second cousin of the accused; or (iv) a step-child |
or adopted child of the accused; |
(8.8) if convicted for an offense under Section 11-6, |
11-9.1, 11-14.4 that involves soliciting for a juvenile |
prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 |
of the Criminal Code of 1961 or the Criminal Code of 2012, |
or any attempt to commit any of these offenses, committed |
on or after June 1, 2009 (the effective date of Public Act |
95-983): |
(i) not access or use a computer or any other |
device with Internet capability without the prior |
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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 |
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defined in Section 17-0.5 of the Criminal Code of 2012;
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(9) if convicted of a felony or of any misdemeanor |
violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or |
12-3.5 of the Criminal Code of 1961 or the Criminal Code of |
2012 that was determined, pursuant to Section 112A-11.1 of |
the Code of Criminal Procedure of 1963, to trigger the |
prohibitions of 18 U.S.C. 922(g)(9), physically surrender |
at a time and place
designated by the court, his or her |
Firearm
Owner's Identification Card and
any and all |
firearms in
his or her possession. The Court shall return |
to the Department of State Police Firearm Owner's |
Identification Card Office the person's Firearm Owner's |
Identification Card;
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(10) if convicted of a sex offense as defined in |
subsection (a-5) of Section 3-1-2 of this Code, unless the |
offender is a parent or guardian of the person under 18 |
years of age present in the home and no non-familial minors |
are present, not participate in a holiday event involving |
children under 18 years of age, such as distributing candy |
or other items to children on Halloween, wearing a Santa |
Claus costume on or preceding Christmas, being employed as |
a department store Santa Claus, or wearing an Easter Bunny |
costume on or preceding Easter; |
(11) if convicted of a sex offense as defined in |
Section 2 of the Sex Offender Registration Act committed on |
or after January 1, 2010 (the effective date of Public Act |
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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
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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:
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(1) serve a term of periodic imprisonment under Article |
7 for a
period not to exceed that specified in paragraph |
(d) of Section 5-7-1;
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(2) pay a fine and costs;
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(3) work or pursue a course of study or vocational |
training;
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(4) undergo medical, psychological or psychiatric |
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treatment; or treatment
for drug addiction or alcoholism;
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(5) attend or reside in a facility established for the |
instruction
or residence of defendants on probation;
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(6) support his dependents;
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(7) and in addition, if a minor:
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(i) reside with his parents or in a foster home;
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(ii) attend school;
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(iii) attend a non-residential program for youth;
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(iv) contribute to his own support at home or in a |
foster home;
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(v) with the consent of the superintendent of the
|
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;
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(9) perform some reasonable public or community |
service;
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(10) serve a term of home confinement. In addition to |
any other
applicable condition of probation or conditional |
discharge, the
conditions of home confinement shall be that |
the offender:
|
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(i) remain within the interior premises of the |
place designated for
his confinement during the hours |
designated by the court;
|
(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 probation and court |
services fund.
|
(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;
|
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(12) reimburse any "local anti-crime program" as |
defined in Section 7
of the Anti-Crime Advisory Council Act |
for any reasonable expenses incurred
by the program on 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 or the Criminal Code of 2012, refrain from |
communicating with or contacting, by means of the Internet, |
a person who is related to the accused and whom the accused |
reasonably believes to be under 18 years of age; for |
purposes of this paragraph (17), "Internet" has the meaning |
ascribed to it in Section 16-0.1 of the Criminal Code of |
2012; and a person is related to the accused if the person |
is: (i) the spouse, brother, or sister of the accused; (ii) |
a descendant of the accused; (iii) a first or second cousin |
of the accused; or (iv) a step-child or adopted child of |
the accused; |
(18) if convicted for an offense committed on or after |
June 1, 2009 (the effective date of Public Act 95-983) that |
|
would qualify as a sex offense as defined in the Sex |
Offender Registration Act: |
(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.
The probation department within |
the circuit to which jurisdiction has been transferred, or |
which has agreed to provide supervision, may impose probation |
fees upon receiving the transferred offender, as provided in |
subsection (i). For all transfer cases, as defined in Section |
9b of the Probation and Probation Officers Act, the The |
probation department from the original sentencing court shall |
retain all probation fees collected prior to the transfer. |
After the transfer
all probation fees shall be paid to the |
probation department within the
circuit to which jurisdiction |
has been transferred.
|
(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. 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; 96-1551, Article 2, Section 1065, |
eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; |
97-454, eff. 1-1-12; 97-560, eff. 1-1-12; 97-597, eff. 1-1-12; |
97-1109, eff. 1-1-13; 97-1131, eff. 1-1-13; 97-1150, eff. |
1-25-13.)
|
Section 5. The Probation and Probation Officers Act is |
amended by changing Section 9b as follows:
|
|
(730 ILCS 110/9b) (from Ch. 38, par. 204-1b)
|
Sec. 9b.
For the purposes of this Act, the words and |
phrases
described in this Section have the meanings designated |
in this Section,
except when a particular context clearly |
requires a different meaning.
|
(1) "Division" means the Division of Probation
Services of |
the
Supreme Court.
|
(2) "Department" means a probation or court
services |
department that
provides probation or court services and such
|
other related services
assigned to it by the circuit court or |
by law.
|
(3) "Probation Officer" means a person
employed full time |
in a probation
or court services department providing services |
to a court under this Act
or the Juvenile Court Act of 1987. A |
probation
officer includes detention
staff, non-secure group |
home staff and management personnel who meet
minimum standards |
established by the Supreme
Court and who are hired under the |
direction of the circuit court. These
probation officers are |
judicial employees
designated on a circuit wide or
county basis |
and compensated by the appropriate county board or boards.
|
(4) "Basic Services" means the number of personnel |
determined by the
Division as necessary to comply with adult, |
juvenile, and
detention services workload standards
and to |
operate authorized programs of intermediate sanctions, |
intensive
probation
supervision,
public or community service, |
intake services, secure detention services,
non-secure group |
|
home services and home confinement.
|
(5) "New or Expanded Services" means personnel necessary to |
operate
pretrial programs, victim and restitution programs, |
psychological services,
drunk driving programs, specialized |
caseloads, community resource
coordination programs, and other |
programs designed to generally improve the
quality of probation |
and court services.
|
(6) "Individualized Services and Programs" means |
individualized services
provided through purchase of service |
agreements with individuals,
specialists, and local public or |
private agencies providing non-residential
services for the |
rehabilitation of adult and juvenile offenders as an
|
alternative to local or state incarceration.
|
(7) "Jurisdiction" means the geographical area of |
authority of a
probation department as designated by the chief |
judge of
each circuit court under Section 15 of this Act.
|
(8) "Transfer case" means any case where an adult or |
juvenile offender seeks to have supervision transferred from |
one county to another or from another state to a county in |
Illinois, and the transfer is approved by a judicial officer, a |
department, or through an interstate compact. |
(Source: P.A. 89-198, eff. 7-21-95.)
|
