Bill Text: IL SB2260 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Department of State Police shall establish a Portal for use by federal, State, or local law enforcement agencies, including State's Attorneys and the Attorney General to capture a report of persons whose Firearm Owner's Identification Cards have been revoked or suspended. Creates the Firearm Recovery Task Force led by the State Police to seize and recover the Firearm Owner's Identification Cards of revoked persons and to enforce the revocation and suspension of Firearm Owner's Identification Cards under the Firearm Owner's Identification Card Act. Amends the Firearm Owner's Identification Card Act. Provides that the Department of State Police shall include in the report the reason the person's Firearm Owner's Identification Card was revoked or suspended. Amends the Code of Criminal Procedure of 1963. Provides the defendant shall physically surrender all firearms in his or her possession to a law enforcement agency designated by the court to take custody of and impound the firearms and physically surrender his or her Firearm Owner's Identification Card to the law enforcement agency as a condition of remaining on bond pending sentencing when the offense the person has been charged with is a forcible felony, stalking, aggravated stalking, domestic battery, any violation of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act that is classified as a Class 2 or greater felony, or any felony violation of the Deadly Weapons Article of the Criminal Code of 1961 or the Criminal Code of 2012. Amends the Freedom of Information Act and the Unified Code of Corrections to make conforming changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-05-27 - Referred to Assignments [SB2260 Detail]

Download: Illinois-2019-SB2260-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2260

Introduced 5/27/2019, by Sen. Jennifer Bertino-Tarrant

SYNOPSIS AS INTRODUCED:
5 ILCS 140/7.5
20 ILCS 2605/2605-304 new
20 ILCS 2605/2605-610 new
430 ILCS 65/3.1 from Ch. 38, par. 83-3.1
430 ILCS 65/8 from Ch. 38, par. 83-8
430 ILCS 65/8.4 new
430 ILCS 65/9.5
725 ILCS 5/110-10 from Ch. 38, par. 110-10
730 ILCS 5/5-6-3 from Ch. 38, par. 1005-6-3

Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Department of State Police shall establish a Portal for use by federal, State, or local law enforcement agencies, including State's Attorneys and the Attorney General to capture a report of persons whose Firearm Owner's Identification Cards have been revoked or suspended. Creates the Firearm Recovery Task Force led by the State Police to seize and recover the Firearm Owner's Identification Cards of revoked persons and to enforce the revocation and suspension of Firearm Owner's Identification Cards under the Firearm Owner's Identification Card Act. Amends the Firearm Owner's Identification Card Act. Provides that the Department of State Police shall include in the report the reason the person's Firearm Owner's Identification Card was revoked or suspended. Amends the Code of Criminal Procedure of 1963. Provides the defendant shall physically surrender all firearms in his or her possession to a law enforcement agency designated by the court to take custody of and impound the firearms and physically surrender his or her Firearm Owner's Identification Card to the law enforcement agency as a condition of remaining on bond pending sentencing when the offense the person has been charged with is a forcible felony, stalking, aggravated stalking, domestic battery, any violation of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act that is classified as a Class 2 or greater felony, or any felony violation of the Deadly Weapons Article of the Criminal Code of 1961 or the Criminal Code of 2012. Amends the Freedom of Information Act and the Unified Code of Corrections to make conforming changes. Effective immediately.
LRB101 12646 RLC 61160 b

A BILL FOR

SB2260LRB101 12646 RLC 61160 b
1 AN ACT concerning public safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
6 (5 ILCS 140/7.5)
7 Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be exempt
9from inspection and copying:
10 (a) All information determined to be confidential
11 under Section 4002 of the Technology Advancement and
12 Development Act.
13 (b) Library circulation and order records identifying
14 library users with specific materials under the Library
15 Records Confidentiality Act.
16 (c) Applications, related documents, and medical
17 records received by the Experimental Organ Transplantation
18 Procedures Board and any and all documents or other records
19 prepared by the Experimental Organ Transplantation
20 Procedures Board or its staff relating to applications it
21 has received.
22 (d) Information and records held by the Department of
23 Public Health and its authorized representatives relating

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1 to known or suspected cases of sexually transmissible
2 disease or any information the disclosure of which is
3 restricted under the Illinois Sexually Transmissible
4 Disease Control Act.
5 (e) Information the disclosure of which is exempted
6 under Section 30 of the Radon Industry Licensing Act.
7 (f) Firm performance evaluations under Section 55 of
8 the Architectural, Engineering, and Land Surveying
9 Qualifications Based Selection Act.
10 (g) Information the disclosure of which is restricted
11 and exempted under Section 50 of the Illinois Prepaid
12 Tuition Act.
13 (h) Information the disclosure of which is exempted
14 under the State Officials and Employees Ethics Act, and
15 records of any lawfully created State or local inspector
16 general's office that would be exempt if created or
17 obtained by an Executive Inspector General's office under
18 that Act.
19 (i) Information contained in a local emergency energy
20 plan submitted to a municipality in accordance with a local
21 emergency energy plan ordinance that is adopted under
22 Section 11-21.5-5 of the Illinois Municipal Code.
23 (j) Information and data concerning the distribution
24 of surcharge moneys collected and remitted by carriers
25 under the Emergency Telephone System Act.
26 (k) Law enforcement officer identification information

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1 or driver identification information compiled by a law
2 enforcement agency or the Department of Transportation
3 under Section 11-212 of the Illinois Vehicle Code.
4 (l) Records and information provided to a residential
5 health care facility resident sexual assault and death
6 review team or the Executive Council under the Abuse
7 Prevention Review Team Act.
8 (m) Information provided to the predatory lending
9 database created pursuant to Article 3 of the Residential
10 Real Property Disclosure Act, except to the extent
11 authorized under that Article.
12 (n) Defense budgets and petitions for certification of
13 compensation and expenses for court appointed trial
14 counsel as provided under Sections 10 and 15 of the Capital
15 Crimes Litigation Act. This subsection (n) shall apply
16 until the conclusion of the trial of the case, even if the
17 prosecution chooses not to pursue the death penalty prior
18 to trial or sentencing.
19 (o) Information that is prohibited from being
20 disclosed under Section 4 of the Illinois Health and
21 Hazardous Substances Registry Act.
22 (p) Security portions of system safety program plans,
23 investigation reports, surveys, schedules, lists, data, or
24 information compiled, collected, or prepared by or for the
25 Regional Transportation Authority under Section 2.11 of
26 the Regional Transportation Authority Act or the St. Clair

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1 County Transit District under the Bi-State Transit Safety
2 Act.
3 (q) Information prohibited from being disclosed by the
4 Personnel Record Records Review Act.
5 (r) Information prohibited from being disclosed by the
6 Illinois School Student Records Act.
7 (s) Information the disclosure of which is restricted
8 under Section 5-108 of the Public Utilities Act.
9 (t) All identified or deidentified health information
10 in the form of health data or medical records contained in,
11 stored in, submitted to, transferred by, or released from
12 the Illinois Health Information Exchange, and identified
13 or deidentified health information in the form of health
14 data and medical records of the Illinois Health Information
15 Exchange in the possession of the Illinois Health
16 Information Exchange Authority due to its administration
17 of the Illinois Health Information Exchange. The terms
18 "identified" and "deidentified" shall be given the same
19 meaning as in the Health Insurance Portability and
20 Accountability Act of 1996, Public Law 104-191, or any
21 subsequent amendments thereto, and any regulations
22 promulgated thereunder.
23 (u) Records and information provided to an independent
24 team of experts under the Developmental Disability and
25 Mental Health Safety Act (also known as Brian's Law).
26 (v) Names and information of people who have applied

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1 for or received Firearm Owner's Identification Cards under
2 the Firearm Owners Identification Card Act or applied for
3 or received a concealed carry license under the Firearm
4 Concealed Carry Act, unless otherwise authorized by the
5 Firearm Concealed Carry Act; and databases under the
6 Firearm Concealed Carry Act, records of the Concealed Carry
7 Licensing Review Board under the Firearm Concealed Carry
8 Act, and law enforcement agency objections under the
9 Firearm Concealed Carry Act.
10 (w) Personally identifiable information which is
11 exempted from disclosure under subsection (g) of Section
12 19.1 of the Toll Highway Act.
13 (x) Information which is exempted from disclosure
14 under Section 5-1014.3 of the Counties Code or Section
15 8-11-21 of the Illinois Municipal Code.
16 (y) Confidential information under the Adult
17 Protective Services Act and its predecessor enabling
18 statute, the Elder Abuse and Neglect Act, including
19 information about the identity and administrative finding
20 against any caregiver of a verified and substantiated
21 decision of abuse, neglect, or financial exploitation of an
22 eligible adult maintained in the Registry established
23 under Section 7.5 of the Adult Protective Services Act.
24 (z) Records and information provided to a fatality
25 review team or the Illinois Fatality Review Team Advisory
26 Council under Section 15 of the Adult Protective Services

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1 Act.
2 (aa) Information which is exempted from disclosure
3 under Section 2.37 of the Wildlife Code.
4 (bb) Information which is or was prohibited from
5 disclosure by the Juvenile Court Act of 1987.
6 (cc) Recordings made under the Law Enforcement
7 Officer-Worn Body Camera Act, except to the extent
8 authorized under that Act.
9 (dd) Information that is prohibited from being
10 disclosed under Section 45 of the Condominium and Common
11 Interest Community Ombudsperson Act.
12 (ee) Information that is exempted from disclosure
13 under Section 30.1 of the Pharmacy Practice Act.
14 (ff) Information that is exempted from disclosure
15 under the Revised Uniform Unclaimed Property Act.
16 (gg) Information that is prohibited from being
17 disclosed under Section 7-603.5 of the Illinois Vehicle
18 Code.
19 (hh) Records that are exempt from disclosure under
20 Section 1A-16.7 of the Election Code.
21 (ii) Information which is exempted from disclosure
22 under Section 2505-800 of the Department of Revenue Law of
23 the Civil Administrative Code of Illinois.
24 (jj) Information and reports that are required to be
25 submitted to the Department of Labor by registering day and
26 temporary labor service agencies but are exempt from

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1 disclosure under subsection (a-1) of Section 45 of the Day
2 and Temporary Labor Services Act.
3 (kk) Information prohibited from disclosure under the
4 Seizure and Forfeiture Reporting Act.
5 (ll) Information the disclosure of which is restricted
6 and exempted under Section 5-30.8 of the Illinois Public
7 Aid Code.
8 (mm) (ll) Records that are exempt from disclosure under
9 Section 4.2 of the Crime Victims Compensation Act.
10 (nn) (ll) Information that is exempt from disclosure
11 under Section 70 of the Higher Education Student Assistance
12 Act.
13 (oo) Records and information exempt from disclosure
14 under Section 2605-304 of the Department of State Police
15 Law of the Civil Administrative Code of Illinois.
16(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
17eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
1899-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
19100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
208-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
21eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
22100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
2310-12-18.)
24 Section 10. The Department of State Police Law of the Civil
25Administrative Code of Illinois is amended by adding Sections

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12605-304 and 2605-610 as follows:
2 (20 ILCS 2605/2605-304 new)
3 Sec. 2605-304. Prohibited Persons Portal.
4 (a) Within 180 days of the effective date of this
5amendatory Act of the 101st General Assembly, the Department
6shall establish a Portal for use by federal, State, or local
7law enforcement agencies, including State's Attorneys and the
8Office of the Attorney General, to capture a report of persons
9whose Firearm Owner's Identification Cards have been revoked or
10suspended. The Portal is for law enforcement purposes only.
11 (b) The Department shall include in the report the reason
12the person's Firearm Owner's Identification Card was subject to
13revocation or suspension, to the extent allowed by law,
14consistent with Section 8 of the Firearm Owners Identification
15Card Act.
16 (c) The Department shall indicate whether the person
17subject to the revocation or suspension of his or her Firearm
18Owner's Identification Card has surrendered his or her revoked
19or suspended Firearm Owner's Identification Card and whether
20the person has completed a Firearm Disposition Record required
21under Section 9.5 of the Firearm Owners Identification Card
22Act.
23 (d) The Department shall provide updates of information
24related to an individual's current Firearm Owner's
25Identification Card revocation or suspension status, including

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1compliance under Section 9.5 of the Firearm Owners
2Identification Card Act, in the Department's Law Enforcement
3Agencies Data System.
4 (e) Records and information in the Portal are exempt from
5disclosure under the Freedom of Information Act.
6 (f) The Department may adopt rules necessary to implement
7this Section.
8 (20 ILCS 2605/2605-610 new)
9 Sec. 2605-610. Firearm Recovery Task Force. The Director
10shall establish a statewide multi-jurisdictional Firearm
11Recovery Task Force led by the Department to seize and recover
12the Firearm Owner's Identification Cards of revoked persons and
13to enforce Section 9.5 of the Firearm Owner's Identification
14Card Act.
15 The Task Force may work with units of local government in
16its recovery efforts. In working with a unit of local
17government, the Task Force shall operate under an
18intergovernmental agreement entered into with that unit of
19local government in conformity with the provisions of the
20Intergovernmental Cooperation Act. Units of local government
21cooperating with the Task Force shall be reimbursed by the
22Department for expenses incurred in their cooperation with the
23Task Force.
24 The creation of the Task Force is subject to appropriation.
25 For purposes of this Section:

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1 "Revoked person" means a person whose Firearm Owner's
2Identification Card has been revoked under Section 8 of the
3Firearm Owner's Identification Card Act.
4 "Unit of local government" has the meaning provided in
5Section 1 of Article VII of the Illinois Constitution and
6includes both home rule and non-home rule units.
7 Section 15. The Firearm Owners Identification Card Act is
8amended by changing Sections 3.1, 8, and 9.5 and by adding
9Section 8.4 as follows:
10 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
11 Sec. 3.1. Dial up system.
12 (a) The Department of State Police shall provide a dial up
13telephone system or utilize other existing technology which
14shall be used by any federally licensed firearm dealer, gun
15show promoter, or gun show vendor who is to transfer a firearm,
16stun gun, or taser under the provisions of this Act. The
17Department of State Police may utilize existing technology
18which allows the caller to be charged a fee not to exceed $2.
19Fees collected by the Department of State Police shall be
20deposited in the State Police Services Fund and used to provide
21the service.
22 (b) Upon receiving a request from a federally licensed
23firearm dealer, gun show promoter, or gun show vendor, the
24Department of State Police shall immediately approve, or within

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1the time period established by Section 24-3 of the Criminal
2Code of 2012 regarding the delivery of firearms, stun guns, and
3tasers notify the inquiring dealer, gun show promoter, or gun
4show vendor of any objection that would disqualify the
5transferee from acquiring or possessing a firearm, stun gun, or
6taser. In conducting the inquiry, the Department of State
7Police shall initiate and complete an automated search of its
8criminal history record information files and those of the
9Federal Bureau of Investigation, including the National
10Instant Criminal Background Check System, and of the files of
11the Department of Human Services relating to mental health and
12developmental disabilities to obtain any prohibiting
13information felony conviction or patient hospitalization
14information which would disqualify a person from obtaining or
15require revocation of a currently valid Firearm Owner's
16Identification Card.
17 (c) If receipt of a firearm would not violate Section 24-3
18of the Criminal Code of 2012, federal law, or this Act the
19Department of State Police shall:
20 (1) assign a unique identification number to the
21 transfer; and
22 (2) provide the licensee, gun show promoter, or gun
23 show vendor with the number.
24 (d) Approvals issued by the Department of State Police for
25the purchase of a firearm are valid for 30 days from the date
26of issue.

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1 (e) (1) The Department of State Police must act as the
2Illinois Point of Contact for the National Instant Criminal
3Background Check System.
4 (2) The Department of State Police and the Department of
5Human Services shall, in accordance with State and federal law
6regarding confidentiality, enter into a memorandum of
7understanding with the Federal Bureau of Investigation for the
8purpose of implementing the National Instant Criminal
9Background Check System in the State. The Department of State
10Police shall report the name, date of birth, and physical
11description of any person prohibited from possessing a firearm
12pursuant to the Firearm Owners Identification Card Act or 18
13U.S.C. 922(g) and (n) to the National Instant Criminal
14Background Check System Index, Denied Persons Files.
15 (3) The Department of State Police shall provide notice of
16the disqualification of a person under subsection (b) of this
17Section or the revocation of a person's Firearm Owner's
18Identification Card under Section 8 or Section 8.2 of this Act,
19and the reason for the disqualification or revocation, to all
20law enforcement agencies with jurisdiction to assist with the
21seizure of the person's Firearm Owner's Identification Card.
22 (f) The Department of State Police shall adopt rules not
23inconsistent with this Section to implement this system.
24(Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)
25 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

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1 Sec. 8. Grounds for denial and revocation. The Department
2of State Police has authority to deny an application for or to
3revoke and seize a Firearm Owner's Identification Card
4previously issued under this Act only if the Department finds
5that the applicant or the person to whom such card was issued
6is or was at the time of issuance:
7 (a) A person under 21 years of age who has been
8 convicted of a misdemeanor other than a traffic offense or
9 adjudged delinquent;
10 (b) A person under 21 years of age who does not have
11 the written consent of his parent or guardian to acquire
12 and possess firearms and firearm ammunition, or whose
13 parent or guardian has revoked such written consent, or
14 where such parent or guardian does not qualify to have a
15 Firearm Owner's Identification Card;
16 (c) A person convicted of a felony under the laws of
17 this or any other jurisdiction;
18 (d) A person addicted to narcotics;
19 (e) A person who has been a patient of a mental health
20 facility within the past 5 years or a person who has been a
21 patient in a mental health facility more than 5 years ago
22 who has not received the certification required under
23 subsection (u) of this Section. An active law enforcement
24 officer employed by a unit of government who is denied,
25 revoked, or has his or her Firearm Owner's Identification
26 Card seized under this subsection (e) may obtain relief as

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1 described in subsection (c-5) of Section 10 of this Act if
2 the officer did not act in a manner threatening to the
3 officer, another person, or the public as determined by the
4 treating clinical psychologist or physician, and the
5 officer seeks mental health treatment;
6 (f) A person whose mental condition is of such a nature
7 that it poses a clear and present danger to the applicant,
8 any other person or persons or the community;
9 (g) A person who has an intellectual disability;
10 (h) A person who intentionally makes a false statement
11 in the Firearm Owner's Identification Card application;
12 (i) An alien who is unlawfully present in the United
13 States under the laws of the United States;
14 (i-5) An alien who has been admitted to the United
15 States under a non-immigrant visa (as that term is defined
16 in Section 101(a)(26) of the Immigration and Nationality
17 Act (8 U.S.C. 1101(a)(26))), except that this subsection
18 (i-5) does not apply to any alien who has been lawfully
19 admitted to the United States under a non-immigrant visa if
20 that alien is:
21 (1) admitted to the United States for lawful
22 hunting or sporting purposes;
23 (2) an official representative of a foreign
24 government who is:
25 (A) accredited to the United States Government
26 or the Government's mission to an international

SB2260- 15 -LRB101 12646 RLC 61160 b
1 organization having its headquarters in the United
2 States; or
3 (B) en route to or from another country to
4 which that alien is accredited;
5 (3) an official of a foreign government or
6 distinguished foreign visitor who has been so
7 designated by the Department of State;
8 (4) a foreign law enforcement officer of a friendly
9 foreign government entering the United States on
10 official business; or
11 (5) one who has received a waiver from the Attorney
12 General of the United States pursuant to 18 U.S.C.
13 922(y)(3);
14 (j) (Blank);
15 (k) A person who has been convicted within the past 5
16 years of battery, assault, aggravated assault, violation
17 of an order of protection, or a substantially similar
18 offense in another jurisdiction, in which a firearm was
19 used or possessed;
20 (l) A person who has been convicted of domestic
21 battery, aggravated domestic battery, or a substantially
22 similar offense in another jurisdiction committed before,
23 on or after January 1, 2012 (the effective date of Public
24 Act 97-158). If the applicant or person who has been
25 previously issued a Firearm Owner's Identification Card
26 under this Act knowingly and intelligently waives the right

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1 to have an offense described in this paragraph (l) tried by
2 a jury, and by guilty plea or otherwise, results in a
3 conviction for an offense in which a domestic relationship
4 is not a required element of the offense but in which a
5 determination of the applicability of 18 U.S.C. 922(g)(9)
6 is made under Section 112A-11.1 of the Code of Criminal
7 Procedure of 1963, an entry by the court of a judgment of
8 conviction for that offense shall be grounds for denying an
9 application for and for revoking and seizing a Firearm
10 Owner's Identification Card previously issued to the
11 person under this Act;
12 (m) (Blank);
13 (n) A person who is prohibited from acquiring or
14 possessing firearms or firearm ammunition by any Illinois
15 State statute or by federal law;
16 (o) A minor subject to a petition filed under Section
17 5-520 of the Juvenile Court Act of 1987 alleging that the
18 minor is a delinquent minor for the commission of an
19 offense that if committed by an adult would be a felony;
20 (p) An adult who had been adjudicated a delinquent
21 minor under the Juvenile Court Act of 1987 for the
22 commission of an offense that if committed by an adult
23 would be a felony;
24 (q) A person who is not a resident of the State of
25 Illinois, except as provided in subsection (a-10) of
26 Section 4;

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1 (r) A person who has been adjudicated as a person with
2 a mental disability;
3 (s) A person who has been found to have a developmental
4 disability;
5 (t) A person involuntarily admitted into a mental
6 health facility; or
7 (u) A person who has had his or her Firearm Owner's
8 Identification Card revoked or denied under subsection (e)
9 of this Section or item (iv) of paragraph (2) of subsection
10 (a) of Section 4 of this Act because he or she was a
11 patient in a mental health facility as provided in
12 subsection (e) of this Section, shall not be permitted to
13 obtain a Firearm Owner's Identification Card, after the
14 5-year period has lapsed, unless he or she has received a
15 mental health evaluation by a physician, clinical
16 psychologist, or qualified examiner as those terms are
17 defined in the Mental Health and Developmental
18 Disabilities Code, and has received a certification that he
19 or she is not a clear and present danger to himself,
20 herself, or others. The physician, clinical psychologist,
21 or qualified examiner making the certification and his or
22 her employer shall not be held criminally, civilly, or
23 professionally liable for making or not making the
24 certification required under this subsection, except for
25 willful or wanton misconduct. This subsection does not
26 apply to a person whose firearm possession rights have been

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1 restored through administrative or judicial action under
2 Section 10 or 11 of this Act; or .
3 (v) A person who is under guardianship under the
4 Probate Act of 1975 because he or she is a person with a
5 disability as defined in Section 11a-2 of the Probate Act
6 of 1975.
7 Upon revocation of a person's Firearm Owner's
8Identification Card, the Department of State Police shall
9provide notice to the person within 7 business days and the
10person shall comply with Section 9.5 of this Act.
11(Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756,
12eff. 7-16-14; 99-143, eff. 7-27-15.)
13 (430 ILCS 65/8.4 new)
14 Sec. 8.4. Cancellation of Firearm Owner's Identification
15Card. The Department of State Police may cancel a Firearm
16Owner's Identification Card if a person is not prohibited by
17State or federal law from acquiring or possessing a firearm or
18firearm ammunition and the sole purpose is for an
19administrative reason. Administrative reasons include, but are
20not limited to: a person who surrenders his or her Illinois
21drivers license or Illinois Identification Card to another
22jurisdiction, death, or where a person's Firearm Owner's
23Identification Card is reported as lost, stolen, or destroyed.
24The Department of State Police may adopt rules necessary to
25implement this Section.

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1 (430 ILCS 65/9.5)
2 Sec. 9.5. Revocation or suspension of Firearm Owner's
3Identification Card.
4 (a) A person who receives a revocation or suspension notice
5under Section 9 of this Act shall, within 48 hours of receiving
6notice of the revocation or suspension:
7 (1) surrender his or her Firearm Owner's
8 Identification Card to the local law enforcement agency
9 where the person resides. The local law enforcement agency
10 shall provide the person a receipt and transmit the Firearm
11 Owner's Identification Card to the Department of State
12 Police; and
13 (2) complete a Firearm Disposition Record on a form
14 prescribed by the Department of State Police and place his
15 or her firearms in the location or with the person reported
16 in the Firearm Disposition Record. The form shall require
17 the person to disclose:
18 (A) the make, model, and serial number of each
19 firearm owned by or under the custody and control of
20 the revoked or suspended person;
21 (B) the location where each firearm will be
22 maintained during the prohibited term; and
23 (C) if any firearm will be transferred to the
24 custody of another person, the name, address and
25 Firearm Owner's Identification Card number of the

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1 transferee.
2 (a-5) The Firearm Disposition Record shall contain a
3statement to be signed by the transferee that the transferee:
4 (1) is aware of, and will abide by, current law
5 regarding the unlawful transfer of a firearm;
6 (2) is aware of the penalties for violating the law as
7 it pertains to unlawful transfer of a firearm; and
8 (3) intends to retain possession of the firearm or
9 firearms until it is determined that the transferor is
10 legally eligible to possess a firearm and has an active
11 Firearm Owners Identification Card, if applicable, or
12 until a new person is chosen to hold the firearm or
13 firearms.
14 (b) The local law enforcement agency shall provide a copy
15of the Firearm Disposition Record to the person whose Firearm
16Owner's Identification Card has been revoked or suspended, the
17transferee, and to the Department of State Police.
18 (c) If the person whose Firearm Owner's Identification Card
19has been revoked or suspended fails to comply with the
20requirements of this Section, the sheriff or law enforcement
21agency where the person resides may petition the circuit court
22to issue a warrant to search for and seize the Firearm Owner's
23Identification Card and firearms in the possession or under the
24custody or control of the person whose Firearm Owner's
25Identification Card has been revoked or suspended.
26 (d) A violation of subsection (a) of this Section is a

SB2260- 21 -LRB101 12646 RLC 61160 b
1Class A misdemeanor.
2 (e) The observation of a Firearm Owner's Identification
3Card in the possession of a person whose Firearm Owner's
4Identification Card has been revoked or suspended constitutes a
5sufficient basis for the arrest of that person for violation of
6this Section.
7 (f) Within 30 days after the effective date of this
8amendatory Act of the 98th General Assembly, the Department of
9State Police shall provide written notice of the requirements
10of this Section to persons whose Firearm Owner's Identification
11Cards have been revoked, suspended, or expired and who have
12failed to surrender their cards to the Department.
13 (g) A person whose Firearm Owner's Identification Card has
14been revoked or suspended and who received notice under
15subsection (f) shall comply with the requirements of this
16Section within 48 hours of receiving notice.
17(Source: P.A. 98-63, eff. 7-9-13.)
18 Section 20. The Code of Criminal Procedure of 1963 is
19amended by changing Section 110-10 as follows:
20 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
21 Sec. 110-10. Conditions of bail bond.
22 (a) If a person is released prior to conviction, either
23upon payment of bail security or on his or her own
24recognizance, the conditions of the bail bond shall be that he

SB2260- 22 -LRB101 12646 RLC 61160 b
1or she will:
2 (1) Appear to answer the charge in the court having
3 jurisdiction on a day certain and thereafter as ordered by
4 the court until discharged or final order of the court;
5 (2) Submit himself or herself to the orders and process
6 of the court;
7 (3) Not depart this State without leave of the court;
8 (4) Not violate any criminal statute of any
9 jurisdiction;
10 (5) At a time and place designated by the court, the
11 defendant shall physically surrender all firearms in his or
12 her possession to a law enforcement agency designated by
13 the court to take custody of and impound the firearms and
14 physically surrender his or her Firearm Owner's
15 Identification Card to the law enforcement agency as a
16 condition of remaining on bond pending sentencing
17 surrender all firearms in his or her possession to a law
18 enforcement officer designated by the court to take custody
19 of and impound the firearms and physically surrender his or
20 her Firearm Owner's Identification Card to the clerk of the
21 circuit court when the offense the person has been charged
22 with is a forcible felony, stalking, aggravated stalking,
23 domestic battery, any violation of the Illinois Controlled
24 Substances Act, the Methamphetamine Control and Community
25 Protection Act, or the Cannabis Control Act that is
26 classified as a Class 2 or greater felony, or any felony

SB2260- 23 -LRB101 12646 RLC 61160 b
1 violation of Article 24 of the Criminal Code of 1961 or the
2 Criminal Code of 2012, unless the defendant requests to
3 transfer his or her firearms under Section 9.5 of the
4 Firearm Owners Identification Card Act first. A defendant
5 whose Firearm Owner's Identification Card has been revoked
6 or suspended may petition the court to transfer the
7 defendant's firearm to a person who is lawfully able to
8 possess the firearm if the person does not reside at the
9 same address as the defendant. The transferee who receives
10 the defendant's firearms must swear or affirm by affidavit
11 that he or she shall not transfer the firearm to the
12 defendant or to anyone residing in the same residence as
13 the defendant, until the defendant's Firearm Owner's
14 Identification Card has been reinstated. The law
15 enforcement agency, upon transfer of the firearms, shall
16 require the defendant to complete a Firearm Disposition
17 Record under Section 9.5 of the Firearm Owners
18 Identification Card Act and provide a copy to the
19 Department of State Police along with the defendant's
20 Firearm Owner's Identification Card; the court may,
21 however, forgo the imposition of this condition when the
22 defendant has provided proof to the court that he or she
23 has legally disposed or transferred his or her firearms and
24 returned his or her Firearm Owner's Identification Card to
25 the Department of State Police. If the court finds the
26 circumstances of the case clearly do not warrant it or when

SB2260- 24 -LRB101 12646 RLC 61160 b
1 its imposition would be impractical, the court shall
2 indicate on the record and in writing and the court's basis
3 for making the determination when the circumstances of the
4 case clearly do not warrant it or when its imposition would
5 be impractical; all legally possessed firearms shall be
6 returned to the person upon proof being provided to the law
7 enforcement agency of the reinstatement of the person's
8 Firearm Owner's Identification Card; if the Firearm
9 Owner's Identification Card is confiscated, the clerk of
10 the circuit court shall mail the confiscated card to the
11 Illinois State Police; all legally possessed firearms
12 shall be returned to the person upon the charges being
13 dismissed, or if the person is found not guilty, unless the
14 finding of not guilty is by reason of insanity; and
15 (6) At a time and place designated by the court, submit
16 to a psychological evaluation when the person has been
17 charged with a violation of item (4) of subsection (a) of
18 Section 24-1 of the Criminal Code of 1961 or the Criminal
19 Code of 2012 and that violation occurred in a school or in
20 any conveyance owned, leased, or contracted by a school to
21 transport students to or from school or a school-related
22 activity, or on any public way within 1,000 feet of real
23 property comprising any school.
24 Psychological evaluations ordered pursuant to this Section
25shall be completed promptly and made available to the State,
26the defendant, and the court. As a further condition of bail

SB2260- 25 -LRB101 12646 RLC 61160 b
1under these circumstances, the court shall order the defendant
2to refrain from entering upon the property of the school,
3including any conveyance owned, leased, or contracted by a
4school to transport students to or from school or a
5school-related activity, or on any public way within 1,000 feet
6of real property comprising any school. Upon receipt of the
7psychological evaluation, either the State or the defendant may
8request a change in the conditions of bail, pursuant to Section
9110-6 of this Code. The court may change the conditions of bail
10to include a requirement that the defendant follow the
11recommendations of the psychological evaluation, including
12undergoing psychiatric treatment. The conclusions of the
13psychological evaluation and any statements elicited from the
14defendant during its administration are not admissible as
15evidence of guilt during the course of any trial on the charged
16offense, unless the defendant places his or her mental
17competency in issue.
18 (b) The court may impose other conditions, such as the
19following, if the court finds that such conditions are
20reasonably necessary to assure the defendant's appearance in
21court, protect the public from the defendant, or prevent the
22defendant's unlawful interference with the orderly
23administration of justice:
24 (1) Report to or appear in person before such person or
25 agency as the court may direct;
26 (2) Refrain from possessing a firearm or other

SB2260- 26 -LRB101 12646 RLC 61160 b
1 dangerous weapon;
2 (3) Refrain from approaching or communicating with
3 particular persons or classes of persons;
4 (4) Refrain from going to certain described
5 geographical areas or premises;
6 (5) Refrain from engaging in certain activities or
7 indulging in intoxicating liquors or in certain drugs;
8 (6) Undergo treatment for drug addiction or
9 alcoholism;
10 (7) Undergo medical or psychiatric treatment;
11 (8) Work or pursue a course of study or vocational
12 training;
13 (9) Attend or reside in a facility designated by the
14 court;
15 (10) Support his or her dependents;
16 (11) If a minor resides with his or her parents or in a
17 foster home, attend school, attend a non-residential
18 program for youths, and contribute to his or her own
19 support at home or in a foster home;
20 (12) Observe any curfew ordered by the court;
21 (13) Remain in the custody of such designated person or
22 organization agreeing to supervise his release. Such third
23 party custodian shall be responsible for notifying the
24 court if the defendant fails to observe the conditions of
25 release which the custodian has agreed to monitor, and
26 shall be subject to contempt of court for failure so to

SB2260- 27 -LRB101 12646 RLC 61160 b
1 notify the court;
2 (14) Be placed under direct supervision of the Pretrial
3 Services Agency, Probation Department or Court Services
4 Department in a pretrial bond home supervision capacity
5 with or without the use of an approved electronic
6 monitoring device subject to Article 8A of Chapter V of the
7 Unified Code of Corrections;
8 (14.1) The court shall impose upon a defendant who is
9 charged with any alcohol, cannabis, methamphetamine, or
10 controlled substance violation and is placed under direct
11 supervision of the Pretrial Services Agency, Probation
12 Department or Court Services Department in a pretrial bond
13 home supervision capacity with the use of an approved
14 monitoring device, as a condition of such bail bond, a fee
15 that represents costs incidental to the electronic
16 monitoring for each day of such bail supervision ordered by
17 the court, unless after determining the inability of the
18 defendant to pay the fee, the court assesses a lesser fee
19 or no fee as the case may be. The fee shall be collected by
20 the clerk of the circuit court, except as provided in an
21 administrative order of the Chief Judge of the circuit
22 court. The clerk of the circuit court shall pay all monies
23 collected from this fee to the county treasurer for deposit
24 in the substance abuse services fund under Section 5-1086.1
25 of the Counties Code, except as provided in an
26 administrative order of the Chief Judge of the circuit

SB2260- 28 -LRB101 12646 RLC 61160 b
1 court.
2 The Chief Judge of the circuit court of the county may
3 by administrative order establish a program for electronic
4 monitoring of offenders with regard to drug-related and
5 alcohol-related offenses, in which a vendor supplies and
6 monitors the operation of the electronic monitoring
7 device, and collects the fees on behalf of the county. The
8 program shall include provisions for indigent offenders
9 and the collection of unpaid fees. The program shall not
10 unduly burden the offender and shall be subject to review
11 by the Chief Judge.
12 The Chief Judge of the circuit court may suspend any
13 additional charges or fees for late payment, interest, or
14 damage to any device;
15 (14.2) The court shall impose upon all defendants,
16 including those defendants subject to paragraph (14.1)
17 above, placed under direct supervision of the Pretrial
18 Services Agency, Probation Department or Court Services
19 Department in a pretrial bond home supervision capacity
20 with the use of an approved monitoring device, as a
21 condition of such bail bond, a fee which shall represent
22 costs incidental to such electronic monitoring for each day
23 of such bail supervision ordered by the court, unless after
24 determining the inability of the defendant to pay the fee,
25 the court assesses a lesser fee or no fee as the case may
26 be. The fee shall be collected by the clerk of the circuit

SB2260- 29 -LRB101 12646 RLC 61160 b
1 court, except as provided in an administrative order of the
2 Chief Judge of the circuit court. The clerk of the circuit
3 court shall pay all monies collected from this fee to the
4 county treasurer who shall use the monies collected to
5 defray the costs of corrections. The county treasurer shall
6 deposit the fee collected in the county working cash fund
7 under Section 6-27001 or Section 6-29002 of the Counties
8 Code, as the case may be, except as provided in an
9 administrative order of the Chief Judge of the circuit
10 court.
11 The Chief Judge of the circuit court of the county may
12 by administrative order establish a program for electronic
13 monitoring of offenders with regard to drug-related and
14 alcohol-related offenses, in which a vendor supplies and
15 monitors the operation of the electronic monitoring
16 device, and collects the fees on behalf of the county. The
17 program shall include provisions for indigent offenders
18 and the collection of unpaid fees. The program shall not
19 unduly burden the offender and shall be subject to review
20 by the Chief Judge.
21 The Chief Judge of the circuit court may suspend any
22 additional charges or fees for late payment, interest, or
23 damage to any device;
24 (14.3) The Chief Judge of the Judicial Circuit may
25 establish reasonable fees to be paid by a person receiving
26 pretrial services while under supervision of a pretrial

SB2260- 30 -LRB101 12646 RLC 61160 b
1 services agency, probation department, or court services
2 department. Reasonable fees may be charged for pretrial
3 services including, but not limited to, pretrial
4 supervision, diversion programs, electronic monitoring,
5 victim impact services, drug and alcohol testing, DNA
6 testing, GPS electronic monitoring, assessments and
7 evaluations related to domestic violence and other
8 victims, and victim mediation services. The person
9 receiving pretrial services may be ordered to pay all costs
10 incidental to pretrial services in accordance with his or
11 her ability to pay those costs;
12 (14.4) For persons charged with violating Section
13 11-501 of the Illinois Vehicle Code, refrain from operating
14 a motor vehicle not equipped with an ignition interlock
15 device, as defined in Section 1-129.1 of the Illinois
16 Vehicle Code, pursuant to the rules promulgated by the
17 Secretary of State for the installation of ignition
18 interlock devices. Under this condition the court may allow
19 a defendant who is not self-employed to operate a vehicle
20 owned by the defendant's employer that is not equipped with
21 an ignition interlock device in the course and scope of the
22 defendant's employment;
23 (15) Comply with the terms and conditions of an order
24 of protection issued by the court under the Illinois
25 Domestic Violence Act of 1986 or an order of protection
26 issued by the court of another state, tribe, or United

SB2260- 31 -LRB101 12646 RLC 61160 b
1 States territory;
2 (16) Under Section 110-6.5 comply with the conditions
3 of the drug testing program; and
4 (17) Such other reasonable conditions as the court may
5 impose.
6 (c) When a person is charged with an offense under Section
711-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
812-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
9Criminal Code of 2012, involving a victim who is a minor under
1018 years of age living in the same household with the defendant
11at the time of the offense, in granting bail or releasing the
12defendant on his own recognizance, the judge shall impose
13conditions to restrict the defendant's access to the victim
14which may include, but are not limited to conditions that he
15will:
16 1. Vacate the household.
17 2. Make payment of temporary support to his dependents.
18 3. Refrain from contact or communication with the child
19 victim, except as ordered by the court.
20 (d) When a person is charged with a criminal offense and
21the victim is a family or household member as defined in
22Article 112A, conditions shall be imposed at the time of the
23defendant's release on bond that restrict the defendant's
24access to the victim. Unless provided otherwise by the court,
25the restrictions shall include requirements that the defendant
26do the following:

SB2260- 32 -LRB101 12646 RLC 61160 b
1 (1) refrain from contact or communication with the
2 victim for a minimum period of 72 hours following the
3 defendant's release; and
4 (2) refrain from entering or remaining at the victim's
5 residence for a minimum period of 72 hours following the
6 defendant's release.
7 (e) Local law enforcement agencies shall develop
8standardized bond forms for use in cases involving family or
9household members as defined in Article 112A, including
10specific conditions of bond as provided in subsection (d).
11Failure of any law enforcement department to develop or use
12those forms shall in no way limit the applicability and
13enforcement of subsections (d) and (f).
14 (f) If the defendant is admitted to bail after conviction
15the conditions of the bail bond shall be that he will, in
16addition to the conditions set forth in subsections (a) and (b)
17hereof:
18 (1) Duly prosecute his appeal;
19 (2) Appear at such time and place as the court may
20 direct;
21 (3) Not depart this State without leave of the court;
22 (4) Comply with such other reasonable conditions as the
23 court may impose; and
24 (5) If the judgment is affirmed or the cause reversed
25 and remanded for a new trial, forthwith surrender to the
26 officer from whose custody he was bailed.

SB2260- 33 -LRB101 12646 RLC 61160 b
1 (g) Upon a finding of guilty for any felony offense, the
2defendant shall physically surrender, at a time and place
3designated by the court, all firearms in his or her possession
4to a law enforcement officer designated by the court to take
5custody of and impound the firearms and physically surrender
6his or her Firearm Owner's Identification Card to the law
7enforcement agency as a condition of remaining on bond pending
8sentencing, unless the defendant requests to transfer his or
9her firearms under Section 9.5 of the Firearm Owners
10Identification Card Act first. A defendant whose Firearm
11Owner's Identification Card has been revoked or suspended may
12petition the court to transfer the defendant's firearm to a
13person who is lawfully able to possess the firearm if the
14person does not reside at the same address as the defendant.
15The transferee who receives the defendant's firearms must swear
16or affirm by affidavit that he or she shall not transfer the
17firearm to the defendant or to anyone residing in the same
18residence as the defendant, until the defendant's Firearm
19Owner's Identification Card has been reinstated. The law
20enforcement agency, upon transfer of the firearms, shall
21require the defendant to complete a Firearm Disposition Record
22under Section 9.5 of the Firearm Owners Identification Card Act
23and provide a copy to the Department of State Police along with
24the defendant's Firearm Owner's Identification Card the
25defendant shall physically surrender, at a time and place
26designated by the court, any and all firearms in his or her

SB2260- 34 -LRB101 12646 RLC 61160 b
1possession and his or her Firearm Owner's Identification Card
2as a condition of remaining on bond pending sentencing.
3 (h) Upon indictment for any felony offense, the defendant
4shall physically surrender, at a time and place designated by
5the court, all firearms in his or her possession to a law
6enforcement officer designated by the court to take custody of
7and impound the firearms and physically surrender his or her
8Firearm Owner's Identification Card to the law enforcement
9agency as a condition of remaining on bond pending sentencing,
10unless the defendant requests to transfer his or her firearms
11under Section 9.5 of the Firearm Owners Identification Card Act
12first. A defendant whose Firearm Owner's Identification Card
13has been revoked or suspended may petition the court to
14transfer the defendant's firearm to a person who is lawfully
15able to possess the firearm if the person does not reside at
16the same address as the defendant. The transferee who receives
17the defendant's firearms must swear or affirm by affidavit that
18he or she shall not transfer the firearm to the defendant or to
19anyone residing in the same residence as the defendant, until
20the defendant's Firearm Owner's Identification Card has been
21reinstated. The law enforcement agency upon transfer of the
22firearms shall require the defendant to complete a Firearm
23Disposition Record under Section 9.5 of the Firearm Owners
24Identification Card Act and provide a copy to the Department of
25State Police along with the defendants Firearm Owner's
26Identification Card. All legally possessed firearms shall be

SB2260- 35 -LRB101 12646 RLC 61160 b
1returned to the person upon proof being provided to the law
2enforcement agency of the reinstatement of the person's Firearm
3Owner's Identification Card.
4(Source: P.A. 99-797, eff. 8-12-16.)
5 Section 25. The Unified Code of Corrections is amended by
6changing Section 5-6-3 as follows:
7 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
8 (Text of Section before amendment by P.A. 100-987)
9 Sec. 5-6-3. Conditions of probation and of conditional
10discharge.
11 (a) The conditions of probation and of conditional
12discharge shall be that the person:
13 (1) not violate any criminal statute of any
14 jurisdiction;
15 (2) report to or appear in person before such person or
16 agency as directed by the court;
17 (3) refrain from possessing a firearm or other
18 dangerous weapon where the offense is a felony or, if a
19 misdemeanor, the offense involved the intentional or
20 knowing infliction of bodily harm or threat of bodily harm;
21 (4) not leave the State without the consent of the
22 court or, in circumstances in which the reason for the
23 absence is of such an emergency nature that prior consent
24 by the court is not possible, without the prior

SB2260- 36 -LRB101 12646 RLC 61160 b
1 notification and approval of the person's probation
2 officer. Transfer of a person's probation or conditional
3 discharge supervision to another state is subject to
4 acceptance by the other state pursuant to the Interstate
5 Compact for Adult Offender Supervision;
6 (5) permit the probation officer to visit him at his
7 home or elsewhere to the extent necessary to discharge his
8 duties;
9 (6) perform no less than 30 hours of community service
10 and not more than 120 hours of community service, if
11 community service is available in the jurisdiction and is
12 funded and approved by the county board where the offense
13 was committed, where the offense was related to or in
14 furtherance of the criminal activities of an organized gang
15 and was motivated by the offender's membership in or
16 allegiance to an organized gang. The community service
17 shall include, but not be limited to, the cleanup and
18 repair of any damage caused by a violation of Section
19 21-1.3 of the Criminal Code of 1961 or the Criminal Code of
20 2012 and similar damage to property located within the
21 municipality or county in which the violation occurred.
22 When possible and reasonable, the community service should
23 be performed in the offender's neighborhood. For purposes
24 of this Section, "organized gang" has the meaning ascribed
25 to it in Section 10 of the Illinois Streetgang Terrorism
26 Omnibus Prevention Act. The court may give credit toward

SB2260- 37 -LRB101 12646 RLC 61160 b
1 the fulfillment of community service hours for
2 participation in activities and treatment as determined by
3 court services;
4 (7) if he or she is at least 17 years of age and has
5 been sentenced to probation or conditional discharge for a
6 misdemeanor or felony in a county of 3,000,000 or more
7 inhabitants and has not been previously convicted of a
8 misdemeanor or felony, may be required by the sentencing
9 court to attend educational courses designed to prepare the
10 defendant for a high school diploma and to work toward a
11 high school diploma or to work toward passing high school
12 equivalency testing or to work toward completing a
13 vocational training program approved by the court. The
14 person on probation or conditional discharge must attend a
15 public institution of education to obtain the educational
16 or vocational training required by this paragraph (7). The
17 court shall revoke the probation or conditional discharge
18 of a person who wilfully fails to comply with this
19 paragraph (7). The person on probation or conditional
20 discharge shall be required to pay for the cost of the
21 educational courses or high school equivalency testing if a
22 fee is charged for those courses or testing. The court
23 shall resentence the offender whose probation or
24 conditional discharge has been revoked as provided in
25 Section 5-6-4. This paragraph (7) does not apply to a
26 person who has a high school diploma or has successfully

SB2260- 38 -LRB101 12646 RLC 61160 b
1 passed high school equivalency testing. This paragraph (7)
2 does not apply to a person who is determined by the court
3 to be a person with a developmental disability or otherwise
4 mentally incapable of completing the educational or
5 vocational program;
6 (8) if convicted of possession of a substance
7 prohibited by the Cannabis Control Act, the Illinois
8 Controlled Substances Act, or the Methamphetamine Control
9 and Community Protection Act after a previous conviction or
10 disposition of supervision for possession of a substance
11 prohibited by the Cannabis Control Act or Illinois
12 Controlled Substances Act or after a sentence of probation
13 under Section 10 of the Cannabis Control Act, Section 410
14 of the Illinois Controlled Substances Act, or Section 70 of
15 the Methamphetamine Control and Community Protection Act
16 and upon a finding by the court that the person is
17 addicted, undergo treatment at a substance abuse program
18 approved by the court;
19 (8.5) if convicted of a felony sex offense as defined
20 in the Sex Offender Management Board Act, the person shall
21 undergo and successfully complete sex offender treatment
22 by a treatment provider approved by the Board and conducted
23 in conformance with the standards developed under the Sex
24 Offender Management Board Act;
25 (8.6) if convicted of a sex offense as defined in the
26 Sex Offender Management Board Act, refrain from residing at

SB2260- 39 -LRB101 12646 RLC 61160 b
1 the same address or in the same condominium unit or
2 apartment unit or in the same condominium complex or
3 apartment complex with another person he or she knows or
4 reasonably should know is a convicted sex offender or has
5 been placed on supervision for a sex offense; the
6 provisions of this paragraph do not apply to a person
7 convicted of a sex offense who is placed in a Department of
8 Corrections licensed transitional housing facility for sex
9 offenders;
10 (8.7) if convicted for an offense committed on or after
11 June 1, 2008 (the effective date of Public Act 95-464) that
12 would qualify the accused as a child sex offender as
13 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
14 1961 or the Criminal Code of 2012, refrain from
15 communicating with or contacting, by means of the Internet,
16 a person who is not related to the accused and whom the
17 accused reasonably believes to be under 18 years of age;
18 for purposes of this paragraph (8.7), "Internet" has the
19 meaning ascribed to it in Section 16-0.1 of the Criminal
20 Code of 2012; and a person is not related to the accused if
21 the person is not: (i) the spouse, brother, or sister of
22 the accused; (ii) a descendant of the accused; (iii) a
23 first or second cousin of the accused; or (iv) a step-child
24 or adopted child of the accused;
25 (8.8) if convicted for an offense under Section 11-6,
26 11-9.1, 11-14.4 that involves soliciting for a juvenile

SB2260- 40 -LRB101 12646 RLC 61160 b
1 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
2 of the Criminal Code of 1961 or the Criminal Code of 2012,
3 or any attempt to commit any of these offenses, committed
4 on or after June 1, 2009 (the effective date of Public Act
5 95-983):
6 (i) not access or use a computer or any other
7 device with Internet capability without the prior
8 written approval of the offender's probation officer,
9 except in connection with the offender's employment or
10 search for employment with the prior approval of the
11 offender's probation officer;
12 (ii) submit to periodic unannounced examinations
13 of the offender's computer or any other device with
14 Internet capability by the offender's probation
15 officer, a law enforcement officer, or assigned
16 computer or information technology specialist,
17 including the retrieval and copying of all data from
18 the computer or device and any internal or external
19 peripherals and removal of such information,
20 equipment, or device to conduct a more thorough
21 inspection;
22 (iii) submit to the installation on the offender's
23 computer or device with Internet capability, at the
24 offender's expense, of one or more hardware or software
25 systems to monitor the Internet use; and
26 (iv) submit to any other appropriate restrictions

SB2260- 41 -LRB101 12646 RLC 61160 b
1 concerning the offender's use of or access to a
2 computer or any other device with Internet capability
3 imposed by the offender's probation officer;
4 (8.9) if convicted of a sex offense as defined in the
5 Sex Offender Registration Act committed on or after January
6 1, 2010 (the effective date of Public Act 96-262), refrain
7 from accessing or using a social networking website as
8 defined in Section 17-0.5 of the Criminal Code of 2012;
9 (9) if convicted of a felony or of any misdemeanor
10 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
11 12-3.5 of the Criminal Code of 1961 or the Criminal Code of
12 2012 that was determined, pursuant to Section 112A-11.1 of
13 the Code of Criminal Procedure of 1963, to trigger the
14 prohibitions of 18 U.S.C. 922(g)(9), the defendant shall
15 physically surrender, at a time and place designated by the
16 court, all firearms in his or her possession to a law
17 enforcement officer designated by the court to take custody
18 of and impound the firearms and physically surrender his or
19 her Firearm Owner's Identification Card to the law
20 enforcement agency as a condition of remaining on bond
21 pending sentencing, unless the defendant requests to
22 transfer his or her firearms under Section 9.5 of the
23 Firearm Owners Identification Card Act first. A defendant
24 whose Firearm Owner's Identification Card has been revoked
25 or suspended may petition the court to transfer the
26 defendant's firearm to a person who is lawfully able to

SB2260- 42 -LRB101 12646 RLC 61160 b
1 possess the firearm if the person does not reside at the
2 same address as the defendant. The transferee who receives
3 the defendant's firearms must swear or affirm by affidavit
4 that he or she shall not transfer the firearm to the
5 defendant or to anyone residing in the same residence as
6 the defendant, until the defendant's Firearm Owner's
7 Identification Card has been reinstated. The law
8 enforcement agency, upon transfer of the firearms, shall
9 require the defendant to complete a Firearm Disposition
10 Record under Section 9.5 of the Firearm Owner's
11 Identification Card Act and provide a copy to the
12 Department of State Police along with the defendants
13 Firearm Owner's Identification Card physically surrender
14 at a time and place designated by the court, his or her
15 Firearm Owner's Identification Card and any and all
16 firearms in his or her possession. The Court shall return
17 to the Department of State Police Firearm Owner's
18 Identification Card Office the person's Firearm Owner's
19 Identification Card;
20 (10) if convicted of a sex offense as defined in
21 subsection (a-5) of Section 3-1-2 of this Code, unless the
22 offender is a parent or guardian of the person under 18
23 years of age present in the home and no non-familial minors
24 are present, not participate in a holiday event involving
25 children under 18 years of age, such as distributing candy
26 or other items to children on Halloween, wearing a Santa

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1 Claus costume on or preceding Christmas, being employed as
2 a department store Santa Claus, or wearing an Easter Bunny
3 costume on or preceding Easter;
4 (11) if convicted of a sex offense as defined in
5 Section 2 of the Sex Offender Registration Act committed on
6 or after January 1, 2010 (the effective date of Public Act
7 96-362) that requires the person to register as a sex
8 offender under that Act, may not knowingly use any computer
9 scrub software on any computer that the sex offender uses;
10 (12) if convicted of a violation of the Methamphetamine
11 Control and Community Protection Act, the Methamphetamine
12 Precursor Control Act, or a methamphetamine related
13 offense:
14 (A) prohibited from purchasing, possessing, or
15 having under his or her control any product containing
16 pseudoephedrine unless prescribed by a physician; and
17 (B) prohibited from purchasing, possessing, or
18 having under his or her control any product containing
19 ammonium nitrate; and
20 (13) if convicted of a hate crime involving the
21 protected class identified in subsection (a) of Section
22 12-7.1 of the Criminal Code of 2012 that gave rise to the
23 offense the offender committed, perform public or
24 community service of no less than 200 hours and enroll in
25 an educational program discouraging hate crimes that
26 includes racial, ethnic, and cultural sensitivity training

SB2260- 44 -LRB101 12646 RLC 61160 b
1 ordered by the court; .
2 (14) if convicted of a felony, the defendant shall
3 physically surrender, at a time and place designated by the
4 court, all firearms in his or her possession to a law
5 enforcement officer designated by the court to take custody
6 of and impound the firearms and physically surrender his or
7 her Firearm Owner's Identification Card to the law
8 enforcement agency as a condition of remaining on bond
9 pending sentencing, unless the defendant requests to
10 transfer his or her firearms under Section 9.5 of the
11 Firearm Owners Identification Card Act first. A defendant
12 whose Firearm Owner's Identification Card has been revoked
13 or suspended may petition the court to transfer the
14 defendant's firearm to a person who is lawfully able to
15 possess the firearm if the person does not reside at the
16 same address as the defendant. The transferee who receives
17 the defendant's firearms must swear or affirm by affidavit
18 that he or she shall not transfer the firearm to the
19 defendant or to anyone residing in the same residence as
20 the defendant, until the defendant's Firearm Owner's
21 Identification Card has been reinstated. The law
22 enforcement agency, upon transfer of the firearms, shall
23 require the defendant to complete a Firearm Disposition
24 Record under Section 9.5 of the Firearm Owners
25 Identification Card Act and provide a copy to the
26 Department of State Police along with the defendants

SB2260- 45 -LRB101 12646 RLC 61160 b
1 Firearm Owner's Identification Card; and
2 (15) if the person is under 21 years of age who has
3 been convicted of a misdemeanor offense other than a
4 traffic offense, the defendant shall physically surrender,
5 at a time and place designated by the court, all firearms
6 in his or her possession to a law enforcement officer
7 designated by the court to take custody of and impound the
8 firearms and physically surrender his or her Firearm
9 Owner's Identification Card to the law enforcement agency
10 as a condition of remaining on bond pending sentencing,
11 unless the defendant requests to transfer his or her
12 firearms under Section 9.5 of the Firearm Owners
13 Identification Card Act first. A defendant whose Firearm
14 Owner's Identification Card has been revoked or suspended
15 may petition the court to transfer the defendant's firearm
16 to a person who is lawfully able to possess the firearm if
17 the person does not reside at the same address as the
18 defendant. The transferee who receives the defendant's
19 firearms must swear or affirm by affidavit that he or she
20 shall not transfer the firearm to the defendant or to
21 anyone residing in the same residence as the defendant,
22 until the defendant's Firearm Owner's Identification Card
23 has been reinstated. The law enforcement agency, upon
24 transfer of the firearms, shall require the defendant to
25 complete a Firearm Disposition Record under Section 9.5 of
26 the Firearm Owners Identification Card Act and provide a

SB2260- 46 -LRB101 12646 RLC 61160 b
1 copy to the Department of State Police along with the
2 defendants Firearm Owner's Identification Card.
3 (b) The Court may in addition to other reasonable
4conditions relating to the nature of the offense or the
5rehabilitation of the defendant as determined for each
6defendant in the proper discretion of the Court require that
7the person:
8 (1) serve a term of periodic imprisonment under Article
9 7 for a period not to exceed that specified in paragraph
10 (d) of Section 5-7-1;
11 (2) pay a fine and costs;
12 (3) work or pursue a course of study or vocational
13 training;
14 (4) undergo medical, psychological or psychiatric
15 treatment; or treatment for drug addiction or alcoholism;
16 (5) attend or reside in a facility established for the
17 instruction or residence of defendants on probation;
18 (6) support his dependents;
19 (7) and in addition, if a minor:
20 (i) reside with his parents or in a foster home;
21 (ii) attend school;
22 (iii) attend a non-residential program for youth;
23 (iv) contribute to his own support at home or in a
24 foster home;
25 (v) with the consent of the superintendent of the
26 facility, attend an educational program at a facility

SB2260- 47 -LRB101 12646 RLC 61160 b
1 other than the school in which the offense was
2 committed if he or she is convicted of a crime of
3 violence as defined in Section 2 of the Crime Victims
4 Compensation Act committed in a school, on the real
5 property comprising a school, or within 1,000 feet of
6 the real property comprising a school;
7 (8) make restitution as provided in Section 5-5-6 of
8 this Code;
9 (9) perform some reasonable public or community
10 service;
11 (10) serve a term of home confinement. In addition to
12 any other applicable condition of probation or conditional
13 discharge, the conditions of home confinement shall be that
14 the offender:
15 (i) remain within the interior premises of the
16 place designated for his confinement during the hours
17 designated by the court;
18 (ii) admit any person or agent designated by the
19 court into the offender's place of confinement at any
20 time for purposes of verifying the offender's
21 compliance with the conditions of his confinement; and
22 (iii) if further deemed necessary by the court or
23 the Probation or Court Services Department, be placed
24 on an approved electronic monitoring device, subject
25 to Article 8A of Chapter V;
26 (iv) for persons convicted of any alcohol,

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1 cannabis or controlled substance violation who are
2 placed on an approved monitoring device as a condition
3 of probation or conditional discharge, the court shall
4 impose a reasonable fee for each day of the use of the
5 device, as established by the county board in
6 subsection (g) of this Section, unless after
7 determining the inability of the offender to pay the
8 fee, the court assesses a lesser fee or no fee as the
9 case may be. This fee shall be imposed in addition to
10 the fees imposed under subsections (g) and (i) of this
11 Section. The fee shall be collected by the clerk of the
12 circuit court, except as provided in an administrative
13 order of the Chief Judge of the circuit court. The
14 clerk of the circuit court shall pay all monies
15 collected from this fee to the county treasurer for
16 deposit in the substance abuse services fund under
17 Section 5-1086.1 of the Counties Code, except as
18 provided in an administrative order of the Chief Judge
19 of the circuit court.
20 The Chief Judge of the circuit court of the county
21 may by administrative order establish a program for
22 electronic monitoring of offenders, in which a vendor
23 supplies and monitors the operation of the electronic
24 monitoring device, and collects the fees on behalf of
25 the county. The program shall include provisions for
26 indigent offenders and the collection of unpaid fees.

SB2260- 49 -LRB101 12646 RLC 61160 b
1 The program shall not unduly burden the offender and
2 shall be subject to review by the Chief Judge.
3 The Chief Judge of the circuit court may suspend
4 any additional charges or fees for late payment,
5 interest, or damage to any device; and
6 (v) for persons convicted of offenses other than
7 those referenced in clause (iv) above and who are
8 placed on an approved monitoring device as a condition
9 of probation or conditional discharge, the court shall
10 impose a reasonable fee for each day of the use of the
11 device, as established by the county board in
12 subsection (g) of this Section, unless after
13 determining the inability of the defendant to pay the
14 fee, the court assesses a lesser fee or no fee as the
15 case may be. This fee shall be imposed in addition to
16 the fees imposed under subsections (g) and (i) of this
17 Section. The fee shall be collected by the clerk of the
18 circuit court, except as provided in an administrative
19 order of the Chief Judge of the circuit court. The
20 clerk of the circuit court shall pay all monies
21 collected from this fee to the county treasurer who
22 shall use the monies collected to defray the costs of
23 corrections. The county treasurer shall deposit the
24 fee collected in the probation and court services fund.
25 The Chief Judge of the circuit court of the county may
26 by administrative order establish a program for

SB2260- 50 -LRB101 12646 RLC 61160 b
1 electronic monitoring of offenders, in which a vendor
2 supplies and monitors the operation of the electronic
3 monitoring device, and collects the fees on behalf of
4 the county. The program shall include provisions for
5 indigent offenders and the collection of unpaid fees.
6 The program shall not unduly burden the offender and
7 shall be subject to review by the Chief Judge.
8 The Chief Judge of the circuit court may suspend
9 any additional charges or fees for late payment,
10 interest, or damage to any device.
11 (11) comply with the terms and conditions of an order
12 of protection issued by the court pursuant to the Illinois
13 Domestic Violence Act of 1986, as now or hereafter amended,
14 or an order of protection issued by the court of another
15 state, tribe, or United States territory. A copy of the
16 order of protection shall be transmitted to the probation
17 officer or agency having responsibility for the case;
18 (12) reimburse any "local anti-crime program" as
19 defined in Section 7 of the Anti-Crime Advisory Council Act
20 for any reasonable expenses incurred by the program on the
21 offender's case, not to exceed the maximum amount of the
22 fine authorized for the offense for which the defendant was
23 sentenced;
24 (13) contribute a reasonable sum of money, not to
25 exceed the maximum amount of the fine authorized for the
26 offense for which the defendant was sentenced, (i) to a

SB2260- 51 -LRB101 12646 RLC 61160 b
1 "local anti-crime program", as defined in Section 7 of the
2 Anti-Crime Advisory Council Act, or (ii) for offenses under
3 the jurisdiction of the Department of Natural Resources, to
4 the fund established by the Department of Natural Resources
5 for the purchase of evidence for investigation purposes and
6 to conduct investigations as outlined in Section 805-105 of
7 the Department of Natural Resources (Conservation) Law;
8 (14) refrain from entering into a designated
9 geographic area except upon such terms as the court finds
10 appropriate. Such terms may include consideration of the
11 purpose of the entry, the time of day, other persons
12 accompanying the defendant, and advance approval by a
13 probation officer, if the defendant has been placed on
14 probation or advance approval by the court, if the
15 defendant was placed on conditional discharge;
16 (15) refrain from having any contact, directly or
17 indirectly, with certain specified persons or particular
18 types of persons, including but not limited to members of
19 street gangs and drug users or dealers;
20 (16) refrain from having in his or her body the
21 presence of any illicit drug prohibited by the Cannabis
22 Control Act, the Illinois Controlled Substances Act, or the
23 Methamphetamine Control and Community Protection Act,
24 unless prescribed by a physician, and submit samples of his
25 or her blood or urine or both for tests to determine the
26 presence of any illicit drug;

SB2260- 52 -LRB101 12646 RLC 61160 b
1 (17) if convicted for an offense committed on or after
2 June 1, 2008 (the effective date of Public Act 95-464) that
3 would qualify the accused as a child sex offender as
4 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
5 1961 or the Criminal Code of 2012, refrain from
6 communicating with or contacting, by means of the Internet,
7 a person who is related to the accused and whom the accused
8 reasonably believes to be under 18 years of age; for
9 purposes of this paragraph (17), "Internet" has the meaning
10 ascribed to it in Section 16-0.1 of the Criminal Code of
11 2012; and a person is related to the accused if the person
12 is: (i) the spouse, brother, or sister of the accused; (ii)
13 a descendant of the accused; (iii) a first or second cousin
14 of the accused; or (iv) a step-child or adopted child of
15 the accused;
16 (18) if convicted for an offense committed on or after
17 June 1, 2009 (the effective date of Public Act 95-983) that
18 would qualify as a sex offense as defined in the Sex
19 Offender Registration Act:
20 (i) not access or use a computer or any other
21 device with Internet capability without the prior
22 written approval of the offender's probation officer,
23 except in connection with the offender's employment or
24 search for employment with the prior approval of the
25 offender's probation officer;
26 (ii) submit to periodic unannounced examinations

SB2260- 53 -LRB101 12646 RLC 61160 b
1 of the offender's computer or any other device with
2 Internet capability by the offender's probation
3 officer, a law enforcement officer, or assigned
4 computer or information technology specialist,
5 including the retrieval and copying of all data from
6 the computer or device and any internal or external
7 peripherals and removal of such information,
8 equipment, or device to conduct a more thorough
9 inspection;
10 (iii) submit to the installation on the offender's
11 computer or device with Internet capability, at the
12 subject's expense, of one or more hardware or software
13 systems to monitor the Internet use; and
14 (iv) submit to any other appropriate restrictions
15 concerning the offender's use of or access to a
16 computer or any other device with Internet capability
17 imposed by the offender's probation officer; and
18 (19) refrain from possessing a firearm or other
19 dangerous weapon where the offense is a misdemeanor that
20 did not involve the intentional or knowing infliction of
21 bodily harm or threat of bodily harm.
22 (c) The court may as a condition of probation or of
23conditional discharge require that a person under 18 years of
24age found guilty of any alcohol, cannabis or controlled
25substance violation, refrain from acquiring a driver's license
26during the period of probation or conditional discharge. If

SB2260- 54 -LRB101 12646 RLC 61160 b
1such person is in possession of a permit or license, the court
2may require that the minor refrain from driving or operating
3any motor vehicle during the period of probation or conditional
4discharge, except as may be necessary in the course of the
5minor's lawful employment.
6 (d) An offender sentenced to probation or to conditional
7discharge shall be given a certificate setting forth the
8conditions thereof.
9 (e) Except where the offender has committed a fourth or
10subsequent violation of subsection (c) of Section 6-303 of the
11Illinois Vehicle Code, the court shall not require as a
12condition of the sentence of probation or conditional discharge
13that the offender be committed to a period of imprisonment in
14excess of 6 months. This 6-month limit shall not include
15periods of confinement given pursuant to a sentence of county
16impact incarceration under Section 5-8-1.2.
17 Persons committed to imprisonment as a condition of
18probation or conditional discharge shall not be committed to
19the Department of Corrections.
20 (f) The court may combine a sentence of periodic
21imprisonment under Article 7 or a sentence to a county impact
22incarceration program under Article 8 with a sentence of
23probation or conditional discharge.
24 (g) An offender sentenced to probation or to conditional
25discharge and who during the term of either undergoes mandatory
26drug or alcohol testing, or both, or is assigned to be placed

SB2260- 55 -LRB101 12646 RLC 61160 b
1on an approved electronic monitoring device, shall be ordered
2to pay all costs incidental to such mandatory drug or alcohol
3testing, or both, and all costs incidental to such approved
4electronic monitoring in accordance with the defendant's
5ability to pay those costs. The county board with the
6concurrence of the Chief Judge of the judicial circuit in which
7the county is located shall establish reasonable fees for the
8cost of maintenance, testing, and incidental expenses related
9to the mandatory drug or alcohol testing, or both, and all
10costs incidental to approved electronic monitoring, involved
11in a successful probation program for the county. The
12concurrence of the Chief Judge shall be in the form of an
13administrative order. The fees shall be collected by the clerk
14of the circuit court, except as provided in an administrative
15order of the Chief Judge of the circuit court. The clerk of the
16circuit court shall pay all moneys collected from these fees to
17the county treasurer who shall use the moneys collected to
18defray the costs of drug testing, alcohol testing, and
19electronic monitoring. The county treasurer shall deposit the
20fees collected in the county working cash fund under Section
216-27001 or Section 6-29002 of the Counties Code, as the case
22may be. The Chief Judge of the circuit court of the county may
23by administrative order establish a program for electronic
24monitoring of offenders, in which a vendor supplies and
25monitors the operation of the electronic monitoring device, and
26collects the fees on behalf of the county. The program shall

SB2260- 56 -LRB101 12646 RLC 61160 b
1include provisions for indigent offenders and the collection of
2unpaid fees. The program shall not unduly burden the offender
3and shall be subject to review by the Chief Judge.
4 The Chief Judge of the circuit court may suspend any
5additional charges or fees for late payment, interest, or
6damage to any device.
7 (h) Jurisdiction over an offender may be transferred from
8the sentencing court to the court of another circuit with the
9concurrence of both courts. Further transfers or retransfers of
10jurisdiction are also authorized in the same manner. The court
11to which jurisdiction has been transferred shall have the same
12powers as the sentencing court. The probation department within
13the circuit to which jurisdiction has been transferred, or
14which has agreed to provide supervision, may impose probation
15fees upon receiving the transferred offender, as provided in
16subsection (i). For all transfer cases, as defined in Section
179b of the Probation and Probation Officers Act, the probation
18department from the original sentencing court shall retain all
19probation fees collected prior to the transfer. After the
20transfer, all probation fees shall be paid to the probation
21department within the circuit to which jurisdiction has been
22transferred.
23 (i) The court shall impose upon an offender sentenced to
24probation after January 1, 1989 or to conditional discharge
25after January 1, 1992 or to community service under the
26supervision of a probation or court services department after

SB2260- 57 -LRB101 12646 RLC 61160 b
1January 1, 2004, as a condition of such probation or
2conditional discharge or supervised community service, a fee of
3$50 for each month of probation or conditional discharge
4supervision or supervised community service ordered by the
5court, unless after determining the inability of the person
6sentenced to probation or conditional discharge or supervised
7community service to pay the fee, the court assesses a lesser
8fee. The court may not impose the fee on a minor who is placed
9in the guardianship or custody of the Department of Children
10and Family Services under the Juvenile Court Act of 1987 while
11the minor is in placement. The fee shall be imposed only upon
12an offender who is actively supervised by the probation and
13court services department. The fee shall be collected by the
14clerk of the circuit court. The clerk of the circuit court
15shall pay all monies collected from this fee to the county
16treasurer for deposit in the probation and court services fund
17under Section 15.1 of the Probation and Probation Officers Act.
18 A circuit court may not impose a probation fee under this
19subsection (i) in excess of $25 per month unless the circuit
20court has adopted, by administrative order issued by the chief
21judge, a standard probation fee guide determining an offender's
22ability to pay Of the amount collected as a probation fee, up
23to $5 of that fee collected per month may be used to provide
24services to crime victims and their families.
25 The Court may only waive probation fees based on an
26offender's ability to pay. The probation department may

SB2260- 58 -LRB101 12646 RLC 61160 b
1re-evaluate an offender's ability to pay every 6 months, and,
2with the approval of the Director of Court Services or the
3Chief Probation Officer, adjust the monthly fee amount. An
4offender may elect to pay probation fees due in a lump sum. Any
5offender that has been assigned to the supervision of a
6probation department, or has been transferred either under
7subsection (h) of this Section or under any interstate compact,
8shall be required to pay probation fees to the department
9supervising the offender, based on the offender's ability to
10pay.
11 Public Act 93-970 deletes the $10 increase in the fee under
12this subsection that was imposed by Public Act 93-616. This
13deletion is intended to control over any other Act of the 93rd
14General Assembly that retains or incorporates that fee
15increase.
16 (i-5) In addition to the fees imposed under subsection (i)
17of this Section, in the case of an offender convicted of a
18felony sex offense (as defined in the Sex Offender Management
19Board Act) or an offense that the court or probation department
20has determined to be sexually motivated (as defined in the Sex
21Offender Management Board Act), the court or the probation
22department shall assess additional fees to pay for all costs of
23treatment, assessment, evaluation for risk and treatment, and
24monitoring the offender, based on that offender's ability to
25pay those costs either as they occur or under a payment plan.
26 (j) All fines and costs imposed under this Section for any

SB2260- 59 -LRB101 12646 RLC 61160 b
1violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
2Code, or a similar provision of a local ordinance, and any
3violation of the Child Passenger Protection Act, or a similar
4provision of a local ordinance, shall be collected and
5disbursed by the circuit clerk as provided under Section 27.5
6of the Clerks of Courts Act.
7 (k) Any offender who is sentenced to probation or
8conditional discharge for a felony sex offense as defined in
9the Sex Offender Management Board Act or any offense that the
10court or probation department has determined to be sexually
11motivated as defined in the Sex Offender Management Board Act
12shall be required to refrain from any contact, directly or
13indirectly, with any persons specified by the court and shall
14be available for all evaluations and treatment programs
15required by the court or the probation department.
16 (l) The court may order an offender who is sentenced to
17probation or conditional discharge for a violation of an order
18of protection be placed under electronic surveillance as
19provided in Section 5-8A-7 of this Code.
20(Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16;
21100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff.
221-8-18.)
23 (Text of Section after amendment by P.A. 100-987)
24 Sec. 5-6-3. Conditions of probation and of conditional
25discharge.

SB2260- 60 -LRB101 12646 RLC 61160 b
1 (a) The conditions of probation and of conditional
2discharge shall be that the person:
3 (1) not violate any criminal statute of any
4 jurisdiction;
5 (2) report to or appear in person before such person or
6 agency as directed by the court;
7 (3) refrain from possessing a firearm or other
8 dangerous weapon where the offense is a felony or, if a
9 misdemeanor, the offense involved the intentional or
10 knowing infliction of bodily harm or threat of bodily harm;
11 (4) not leave the State without the consent of the
12 court or, in circumstances in which the reason for the
13 absence is of such an emergency nature that prior consent
14 by the court is not possible, without the prior
15 notification and approval of the person's probation
16 officer. Transfer of a person's probation or conditional
17 discharge supervision to another state is subject to
18 acceptance by the other state pursuant to the Interstate
19 Compact for Adult Offender Supervision;
20 (5) permit the probation officer to visit him at his
21 home or elsewhere to the extent necessary to discharge his
22 duties;
23 (6) perform no less than 30 hours of community service
24 and not more than 120 hours of community service, if
25 community service is available in the jurisdiction and is
26 funded and approved by the county board where the offense

SB2260- 61 -LRB101 12646 RLC 61160 b
1 was committed, where the offense was related to or in
2 furtherance of the criminal activities of an organized gang
3 and was motivated by the offender's membership in or
4 allegiance to an organized gang. The community service
5 shall include, but not be limited to, the cleanup and
6 repair of any damage caused by a violation of Section
7 21-1.3 of the Criminal Code of 1961 or the Criminal Code of
8 2012 and similar damage to property located within the
9 municipality or county in which the violation occurred.
10 When possible and reasonable, the community service should
11 be performed in the offender's neighborhood. For purposes
12 of this Section, "organized gang" has the meaning ascribed
13 to it in Section 10 of the Illinois Streetgang Terrorism
14 Omnibus Prevention Act. The court may give credit toward
15 the fulfillment of community service hours for
16 participation in activities and treatment as determined by
17 court services;
18 (7) if he or she is at least 17 years of age and has
19 been sentenced to probation or conditional discharge for a
20 misdemeanor or felony in a county of 3,000,000 or more
21 inhabitants and has not been previously convicted of a
22 misdemeanor or felony, may be required by the sentencing
23 court to attend educational courses designed to prepare the
24 defendant for a high school diploma and to work toward a
25 high school diploma or to work toward passing high school
26 equivalency testing or to work toward completing a

SB2260- 62 -LRB101 12646 RLC 61160 b
1 vocational training program approved by the court. The
2 person on probation or conditional discharge must attend a
3 public institution of education to obtain the educational
4 or vocational training required by this paragraph (7). The
5 court shall revoke the probation or conditional discharge
6 of a person who wilfully fails to comply with this
7 paragraph (7). The person on probation or conditional
8 discharge shall be required to pay for the cost of the
9 educational courses or high school equivalency testing if a
10 fee is charged for those courses or testing. The court
11 shall resentence the offender whose probation or
12 conditional discharge has been revoked as provided in
13 Section 5-6-4. This paragraph (7) does not apply to a
14 person who has a high school diploma or has successfully
15 passed high school equivalency testing. This paragraph (7)
16 does not apply to a person who is determined by the court
17 to be a person with a developmental disability or otherwise
18 mentally incapable of completing the educational or
19 vocational program;
20 (8) if convicted of possession of a substance
21 prohibited by the Cannabis Control Act, the Illinois
22 Controlled Substances Act, or the Methamphetamine Control
23 and Community Protection Act after a previous conviction or
24 disposition of supervision for possession of a substance
25 prohibited by the Cannabis Control Act or Illinois
26 Controlled Substances Act or after a sentence of probation

SB2260- 63 -LRB101 12646 RLC 61160 b
1 under Section 10 of the Cannabis Control Act, Section 410
2 of the Illinois Controlled Substances Act, or Section 70 of
3 the Methamphetamine Control and Community Protection Act
4 and upon a finding by the court that the person is
5 addicted, undergo treatment at a substance abuse program
6 approved by the court;
7 (8.5) if convicted of a felony sex offense as defined
8 in the Sex Offender Management Board Act, the person shall
9 undergo and successfully complete sex offender treatment
10 by a treatment provider approved by the Board and conducted
11 in conformance with the standards developed under the Sex
12 Offender Management Board Act;
13 (8.6) if convicted of a sex offense as defined in the
14 Sex Offender Management Board Act, refrain from residing at
15 the same address or in the same condominium unit or
16 apartment unit or in the same condominium complex or
17 apartment complex with another person he or she knows or
18 reasonably should know is a convicted sex offender or has
19 been placed on supervision for a sex offense; the
20 provisions of this paragraph do not apply to a person
21 convicted of a sex offense who is placed in a Department of
22 Corrections licensed transitional housing facility for sex
23 offenders;
24 (8.7) if convicted for an offense committed on or after
25 June 1, 2008 (the effective date of Public Act 95-464) that
26 would qualify the accused as a child sex offender as

SB2260- 64 -LRB101 12646 RLC 61160 b
1 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
2 1961 or the Criminal Code of 2012, refrain from
3 communicating with or contacting, by means of the Internet,
4 a person who is not related to the accused and whom the
5 accused reasonably believes to be under 18 years of age;
6 for purposes of this paragraph (8.7), "Internet" has the
7 meaning ascribed to it in Section 16-0.1 of the Criminal
8 Code of 2012; and a person is not related to the accused if
9 the person is not: (i) the spouse, brother, or sister of
10 the accused; (ii) a descendant of the accused; (iii) a
11 first or second cousin of the accused; or (iv) a step-child
12 or adopted child of the accused;
13 (8.8) if convicted for an offense under Section 11-6,
14 11-9.1, 11-14.4 that involves soliciting for a juvenile
15 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
16 of the Criminal Code of 1961 or the Criminal Code of 2012,
17 or any attempt to commit any of these offenses, committed
18 on or after June 1, 2009 (the effective date of Public Act
19 95-983):
20 (i) not access or use a computer or any other
21 device with Internet capability without the prior
22 written approval of the offender's probation officer,
23 except in connection with the offender's employment or
24 search for employment with the prior approval of the
25 offender's probation officer;
26 (ii) submit to periodic unannounced examinations

SB2260- 65 -LRB101 12646 RLC 61160 b
1 of the offender's computer or any other device with
2 Internet capability by the offender's probation
3 officer, a law enforcement officer, or assigned
4 computer or information technology specialist,
5 including the retrieval and copying of all data from
6 the computer or device and any internal or external
7 peripherals and removal of such information,
8 equipment, or device to conduct a more thorough
9 inspection;
10 (iii) submit to the installation on the offender's
11 computer or device with Internet capability, at the
12 offender's expense, of one or more hardware or software
13 systems to monitor the Internet use; and
14 (iv) submit to any other appropriate restrictions
15 concerning the offender's use of or access to a
16 computer or any other device with Internet capability
17 imposed by the offender's probation officer;
18 (8.9) if convicted of a sex offense as defined in the
19 Sex Offender Registration Act committed on or after January
20 1, 2010 (the effective date of Public Act 96-262), refrain
21 from accessing or using a social networking website as
22 defined in Section 17-0.5 of the Criminal Code of 2012;
23 (9) if convicted of a felony or of any misdemeanor
24 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
25 12-3.5 of the Criminal Code of 1961 or the Criminal Code of
26 2012 that was determined, pursuant to Section 112A-11.1 of

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1 the Code of Criminal Procedure of 1963, to trigger the
2 prohibitions of 18 U.S.C. 922(g)(9), the defendant shall
3 physically surrender, at a time and place designated by the
4 court, all firearms in his or her possession to a law
5 enforcement officer designated by the court to take custody
6 of and impound the firearms and physically surrender his or
7 her Firearm Owner's Identification Card to the law
8 enforcement agency as a condition of remaining on bond
9 pending sentencing, unless the defendant requests to
10 transfer his or her firearms under Section 9.5 of the
11 Firearm Owners Identification Card Act first. A defendant
12 whose Firearm Owner's Identification Card has been revoked
13 or suspended may petition the court to transfer the
14 defendant's firearm to a person who is lawfully able to
15 possess the firearm if the person does not reside at the
16 same address as the defendant. The transferee who receives
17 the defendant's firearms must swear or affirm by affidavit
18 that he or she shall not transfer the firearm to the
19 defendant or to anyone residing in the same residence as
20 the defendant, until the defendant's Firearm Owner's
21 Identification Card has been reinstated. The law
22 enforcement agency, upon transfer of the firearms, shall
23 require the defendant to complete a Firearm Disposition
24 Record under Section 9.5 of the Firearm Owner's
25 Identification Card Act and provide a copy to the
26 Department of State Police along with the defendants

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1 Firearm Owner's Identification Card physically surrender
2 at a time and place designated by the court, his or her
3 Firearm Owner's Identification Card and any and all
4 firearms in his or her possession. The Court shall return
5 to the Department of State Police Firearm Owner's
6 Identification Card Office the person's Firearm Owner's
7 Identification Card;
8 (10) if convicted of a sex offense as defined in
9 subsection (a-5) of Section 3-1-2 of this Code, unless the
10 offender is a parent or guardian of the person under 18
11 years of age present in the home and no non-familial minors
12 are present, not participate in a holiday event involving
13 children under 18 years of age, such as distributing candy
14 or other items to children on Halloween, wearing a Santa
15 Claus costume on or preceding Christmas, being employed as
16 a department store Santa Claus, or wearing an Easter Bunny
17 costume on or preceding Easter;
18 (11) if convicted of a sex offense as defined in
19 Section 2 of the Sex Offender Registration Act committed on
20 or after January 1, 2010 (the effective date of Public Act
21 96-362) that requires the person to register as a sex
22 offender under that Act, may not knowingly use any computer
23 scrub software on any computer that the sex offender uses;
24 (12) if convicted of a violation of the Methamphetamine
25 Control and Community Protection Act, the Methamphetamine
26 Precursor Control Act, or a methamphetamine related

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1 offense:
2 (A) prohibited from purchasing, possessing, or
3 having under his or her control any product containing
4 pseudoephedrine unless prescribed by a physician; and
5 (B) prohibited from purchasing, possessing, or
6 having under his or her control any product containing
7 ammonium nitrate; and
8 (13) if convicted of a hate crime involving the
9 protected class identified in subsection (a) of Section
10 12-7.1 of the Criminal Code of 2012 that gave rise to the
11 offense the offender committed, perform public or
12 community service of no less than 200 hours and enroll in
13 an educational program discouraging hate crimes that
14 includes racial, ethnic, and cultural sensitivity training
15 ordered by the court; .
16 (14) if convicted of a felony, the defendant shall
17 physically surrender, at a time and place designated by the
18 court, all firearms in his or her possession to a law
19 enforcement officer designated by the court to take custody
20 of and impound the firearms and physically surrender his or
21 her Firearm Owner's Identification Card to the law
22 enforcement agency as a condition of remaining on bond
23 pending sentencing, unless the defendant requests to
24 transfer his or her firearms under Section 9.5 of the
25 Firearm Owners Identification Card Act first. A defendant
26 whose Firearm Owner's Identification Card has been revoked

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1 or suspended may petition the court to transfer the
2 defendant's firearm to a person who is lawfully able to
3 possess the firearm if the person does not reside at the
4 same address as the defendant. The transferee who receives
5 the defendant's firearms must swear or affirm by affidavit
6 that he or she shall not transfer the firearm to the
7 defendant or to anyone residing in the same residence as
8 the defendant, until the defendant's Firearm Owner's
9 Identification Card has been reinstated. The law
10 enforcement agency, upon transfer of the firearms, shall
11 require the defendant to complete a Firearm Disposition
12 Record under Section 9.5 of the Firearm Owners
13 Identification Card Act and provide a copy to the
14 Department of State Police along with the defendants
15 Firearm Owner's Identification Card; and
16 (15) if the person is under 21 years of age who has
17 been convicted of a misdemeanor offense other than a
18 traffic offense, the defendant shall physically surrender,
19 at a time and place designated by the court, all firearms
20 in his or her possession to a law enforcement officer
21 designated by the court to take custody of and impound the
22 firearms and physically surrender his or her Firearm
23 Owner's Identification Card to the law enforcement agency
24 as a condition of remaining on bond pending sentencing,
25 unless the defendant requests to transfer his or her
26 firearms under Section 9.5 of the Firearm Owners

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1 Identification Card Act first. A defendant whose Firearm
2 Owner's Identification Card has been revoked or suspended
3 may petition the court to transfer the defendant's firearm
4 to a person who is lawfully able to possess the firearm if
5 the person does not reside at the same address as the
6 defendant. The transferee who receives the defendant's
7 firearms must swear or affirm by affidavit that he or she
8 shall not transfer the firearm to the defendant or to
9 anyone residing in the same residence as the defendant,
10 until the defendant's Firearm Owner's Identification Card
11 has been reinstated. The law enforcement agency, upon
12 transfer of the firearms, shall require the defendant to
13 complete a Firearm Disposition Record under Section 9.5 of
14 the Firearm Owners Identification Card Act and provide a
15 copy to the Department of State Police along with the
16 defendants Firearm Owner's Identification Card.
17 (b) The Court may in addition to other reasonable
18conditions relating to the nature of the offense or the
19rehabilitation of the defendant as determined for each
20defendant in the proper discretion of the Court require that
21the person:
22 (1) serve a term of periodic imprisonment under Article
23 7 for a period not to exceed that specified in paragraph
24 (d) of Section 5-7-1;
25 (2) pay a fine and costs;
26 (3) work or pursue a course of study or vocational

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1 training;
2 (4) undergo medical, psychological or psychiatric
3 treatment; or treatment for drug addiction or alcoholism;
4 (5) attend or reside in a facility established for the
5 instruction or residence of defendants on probation;
6 (6) support his dependents;
7 (7) and in addition, if a minor:
8 (i) reside with his parents or in a foster home;
9 (ii) attend school;
10 (iii) attend a non-residential program for youth;
11 (iv) contribute to his own support at home or in a
12 foster home;
13 (v) with the consent of the superintendent of the
14 facility, attend an educational program at a facility
15 other than the school in which the offense was
16 committed if he or she is convicted of a crime of
17 violence as defined in Section 2 of the Crime Victims
18 Compensation Act committed in a school, on the real
19 property comprising a school, or within 1,000 feet of
20 the real property comprising a school;
21 (8) make restitution as provided in Section 5-5-6 of
22 this Code;
23 (9) perform some reasonable public or community
24 service;
25 (10) serve a term of home confinement. In addition to
26 any other applicable condition of probation or conditional

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1 discharge, the conditions of home confinement shall be that
2 the offender:
3 (i) remain within the interior premises of the
4 place designated for his confinement during the hours
5 designated by the court;
6 (ii) admit any person or agent designated by the
7 court into the offender's place of confinement at any
8 time for purposes of verifying the offender's
9 compliance with the conditions of his confinement; and
10 (iii) if further deemed necessary by the court or
11 the Probation or Court Services Department, be placed
12 on an approved electronic monitoring device, subject
13 to Article 8A of Chapter V;
14 (iv) for persons convicted of any alcohol,
15 cannabis or controlled substance violation who are
16 placed on an approved monitoring device as a condition
17 of probation or conditional discharge, the court shall
18 impose a reasonable fee for each day of the use of the
19 device, as established by the county board in
20 subsection (g) of this Section, unless after
21 determining the inability of the offender to pay the
22 fee, the court assesses a lesser fee or no fee as the
23 case may be. This fee shall be imposed in addition to
24 the fees imposed under subsections (g) and (i) of this
25 Section. The fee shall be collected by the clerk of the
26 circuit court, except as provided in an administrative

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1 order of the Chief Judge of the circuit court. The
2 clerk of the circuit court shall pay all monies
3 collected from this fee to the county treasurer for
4 deposit in the substance abuse services fund under
5 Section 5-1086.1 of the Counties Code, except as
6 provided in an administrative order of the Chief Judge
7 of the circuit court.
8 The Chief Judge of the circuit court of the county
9 may by administrative order establish a program for
10 electronic monitoring of offenders, in which a vendor
11 supplies and monitors the operation of the electronic
12 monitoring device, and collects the fees on behalf of
13 the county. The program shall include provisions for
14 indigent offenders and the collection of unpaid fees.
15 The program shall not unduly burden the offender and
16 shall be subject to review by the Chief Judge.
17 The Chief Judge of the circuit court may suspend
18 any additional charges or fees for late payment,
19 interest, or damage to any device; and
20 (v) for persons convicted of offenses other than
21 those referenced in clause (iv) above and who are
22 placed on an approved monitoring device as a condition
23 of probation or conditional discharge, the court shall
24 impose a reasonable fee for each day of the use of the
25 device, as established by the county board in
26 subsection (g) of this Section, unless after

SB2260- 74 -LRB101 12646 RLC 61160 b
1 determining the inability of the defendant to pay the
2 fee, the court assesses a lesser fee or no fee as the
3 case may be. This fee shall be imposed in addition to
4 the fees imposed under subsections (g) and (i) of this
5 Section. The fee shall be collected by the clerk of the
6 circuit court, except as provided in an administrative
7 order of the Chief Judge of the circuit court. The
8 clerk of the circuit court shall pay all monies
9 collected from this fee to the county treasurer who
10 shall use the monies collected to defray the costs of
11 corrections. The county treasurer shall deposit the
12 fee collected in the probation and court services fund.
13 The Chief Judge of the circuit court of the county may
14 by administrative order establish a program for
15 electronic monitoring of offenders, in which a vendor
16 supplies and monitors the operation of the electronic
17 monitoring device, and collects the fees on behalf of
18 the county. The program shall include provisions for
19 indigent offenders and the collection of unpaid fees.
20 The program shall not unduly burden the offender and
21 shall be subject to review by the Chief Judge.
22 The Chief Judge of the circuit court may suspend
23 any additional charges or fees for late payment,
24 interest, or damage to any device.
25 (11) comply with the terms and conditions of an order
26 of protection issued by the court pursuant to the Illinois

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1 Domestic Violence Act of 1986, as now or hereafter amended,
2 or an order of protection issued by the court of another
3 state, tribe, or United States territory. A copy of the
4 order of protection shall be transmitted to the probation
5 officer or agency having responsibility for the case;
6 (12) reimburse any "local anti-crime program" as
7 defined in Section 7 of the Anti-Crime Advisory Council Act
8 for any reasonable expenses incurred by the program on the
9 offender's case, not to exceed the maximum amount of the
10 fine authorized for the offense for which the defendant was
11 sentenced;
12 (13) contribute a reasonable sum of money, not to
13 exceed the maximum amount of the fine authorized for the
14 offense for which the defendant was sentenced, (i) to a
15 "local anti-crime program", as defined in Section 7 of the
16 Anti-Crime Advisory Council Act, or (ii) for offenses under
17 the jurisdiction of the Department of Natural Resources, to
18 the fund established by the Department of Natural Resources
19 for the purchase of evidence for investigation purposes and
20 to conduct investigations as outlined in Section 805-105 of
21 the Department of Natural Resources (Conservation) Law;
22 (14) refrain from entering into a designated
23 geographic area except upon such terms as the court finds
24 appropriate. Such terms may include consideration of the
25 purpose of the entry, the time of day, other persons
26 accompanying the defendant, and advance approval by a

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1 probation officer, if the defendant has been placed on
2 probation or advance approval by the court, if the
3 defendant was placed on conditional discharge;
4 (15) refrain from having any contact, directly or
5 indirectly, with certain specified persons or particular
6 types of persons, including but not limited to members of
7 street gangs and drug users or dealers;
8 (16) refrain from having in his or her body the
9 presence of any illicit drug prohibited by the Cannabis
10 Control Act, the Illinois Controlled Substances Act, or the
11 Methamphetamine Control and Community Protection Act,
12 unless prescribed by a physician, and submit samples of his
13 or her blood or urine or both for tests to determine the
14 presence of any illicit drug;
15 (17) if convicted for an offense committed on or after
16 June 1, 2008 (the effective date of Public Act 95-464) that
17 would qualify the accused as a child sex offender as
18 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
19 1961 or the Criminal Code of 2012, refrain from
20 communicating with or contacting, by means of the Internet,
21 a person who is related to the accused and whom the accused
22 reasonably believes to be under 18 years of age; for
23 purposes of this paragraph (17), "Internet" has the meaning
24 ascribed to it in Section 16-0.1 of the Criminal Code of
25 2012; and a person is related to the accused if the person
26 is: (i) the spouse, brother, or sister of the accused; (ii)

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1 a descendant of the accused; (iii) a first or second cousin
2 of the accused; or (iv) a step-child or adopted child of
3 the accused;
4 (18) if convicted for an offense committed on or after
5 June 1, 2009 (the effective date of Public Act 95-983) that
6 would qualify as a sex offense as defined in the Sex
7 Offender Registration Act:
8 (i) not access or use a computer or any other
9 device with Internet capability without the prior
10 written approval of the offender's probation officer,
11 except in connection with the offender's employment or
12 search for employment with the prior approval of the
13 offender's probation officer;
14 (ii) submit to periodic unannounced examinations
15 of the offender's computer or any other device with
16 Internet capability by the offender's probation
17 officer, a law enforcement officer, or assigned
18 computer or information technology specialist,
19 including the retrieval and copying of all data from
20 the computer or device and any internal or external
21 peripherals and removal of such information,
22 equipment, or device to conduct a more thorough
23 inspection;
24 (iii) submit to the installation on the offender's
25 computer or device with Internet capability, at the
26 subject's expense, of one or more hardware or software

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1 systems to monitor the Internet use; and
2 (iv) submit to any other appropriate restrictions
3 concerning the offender's use of or access to a
4 computer or any other device with Internet capability
5 imposed by the offender's probation officer; and
6 (19) refrain from possessing a firearm or other
7 dangerous weapon where the offense is a misdemeanor that
8 did not involve the intentional or knowing infliction of
9 bodily harm or threat of bodily harm.
10 (c) The court may as a condition of probation or of
11conditional discharge require that a person under 18 years of
12age found guilty of any alcohol, cannabis or controlled
13substance violation, refrain from acquiring a driver's license
14during the period of probation or conditional discharge. If
15such person is in possession of a permit or license, the court
16may require that the minor refrain from driving or operating
17any motor vehicle during the period of probation or conditional
18discharge, except as may be necessary in the course of the
19minor's lawful employment.
20 (d) An offender sentenced to probation or to conditional
21discharge shall be given a certificate setting forth the
22conditions thereof.
23 (e) Except where the offender has committed a fourth or
24subsequent violation of subsection (c) of Section 6-303 of the
25Illinois Vehicle Code, the court shall not require as a
26condition of the sentence of probation or conditional discharge

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1that the offender be committed to a period of imprisonment in
2excess of 6 months. This 6-month limit shall not include
3periods of confinement given pursuant to a sentence of county
4impact incarceration under Section 5-8-1.2.
5 Persons committed to imprisonment as a condition of
6probation or conditional discharge shall not be committed to
7the Department of Corrections.
8 (f) The court may combine a sentence of periodic
9imprisonment under Article 7 or a sentence to a county impact
10incarceration program under Article 8 with a sentence of
11probation or conditional discharge.
12 (g) An offender sentenced to probation or to conditional
13discharge and who during the term of either undergoes mandatory
14drug or alcohol testing, or both, or is assigned to be placed
15on an approved electronic monitoring device, shall be ordered
16to pay all costs incidental to such mandatory drug or alcohol
17testing, or both, and all costs incidental to such approved
18electronic monitoring in accordance with the defendant's
19ability to pay those costs. The county board with the
20concurrence of the Chief Judge of the judicial circuit in which
21the county is located shall establish reasonable fees for the
22cost of maintenance, testing, and incidental expenses related
23to the mandatory drug or alcohol testing, or both, and all
24costs incidental to approved electronic monitoring, involved
25in a successful probation program for the county. The
26concurrence of the Chief Judge shall be in the form of an

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1administrative order. The fees shall be collected by the clerk
2of the circuit court, except as provided in an administrative
3order of the Chief Judge of the circuit court. The clerk of the
4circuit court shall pay all moneys collected from these fees to
5the county treasurer who shall use the moneys collected to
6defray the costs of drug testing, alcohol testing, and
7electronic monitoring. The county treasurer shall deposit the
8fees collected in the county working cash fund under Section
96-27001 or Section 6-29002 of the Counties Code, as the case
10may be. The Chief Judge of the circuit court of the county may
11by administrative order establish a program for electronic
12monitoring of offenders, in which a vendor supplies and
13monitors the operation of the electronic monitoring device, and
14collects the fees on behalf of the county. The program shall
15include provisions for indigent offenders and the collection of
16unpaid fees. The program shall not unduly burden the offender
17and shall be subject to review by the Chief Judge.
18 The Chief Judge of the circuit court may suspend any
19additional charges or fees for late payment, interest, or
20damage to any device.
21 (h) Jurisdiction over an offender may be transferred from
22the sentencing court to the court of another circuit with the
23concurrence of both courts. Further transfers or retransfers of
24jurisdiction are also authorized in the same manner. The court
25to which jurisdiction has been transferred shall have the same
26powers as the sentencing court. The probation department within

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1the circuit to which jurisdiction has been transferred, or
2which has agreed to provide supervision, may impose probation
3fees upon receiving the transferred offender, as provided in
4subsection (i). For all transfer cases, as defined in Section
59b of the Probation and Probation Officers Act, the probation
6department from the original sentencing court shall retain all
7probation fees collected prior to the transfer. After the
8transfer, all probation fees shall be paid to the probation
9department within the circuit to which jurisdiction has been
10transferred.
11 (i) The court shall impose upon an offender sentenced to
12probation after January 1, 1989 or to conditional discharge
13after January 1, 1992 or to community service under the
14supervision of a probation or court services department after
15January 1, 2004, as a condition of such probation or
16conditional discharge or supervised community service, a fee of
17$50 for each month of probation or conditional discharge
18supervision or supervised community service ordered by the
19court, unless after determining the inability of the person
20sentenced to probation or conditional discharge or supervised
21community service to pay the fee, the court assesses a lesser
22fee. The court may not impose the fee on a minor who is placed
23in the guardianship or custody of the Department of Children
24and Family Services under the Juvenile Court Act of 1987 while
25the minor is in placement. The fee shall be imposed only upon
26an offender who is actively supervised by the probation and

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1court services department. The fee shall be collected by the
2clerk of the circuit court. The clerk of the circuit court
3shall pay all monies collected from this fee to the county
4treasurer for deposit in the probation and court services fund
5under Section 15.1 of the Probation and Probation Officers Act.
6 A circuit court may not impose a probation fee under this
7subsection (i) in excess of $25 per month unless the circuit
8court has adopted, by administrative order issued by the chief
9judge, a standard probation fee guide determining an offender's
10ability to pay Of the amount collected as a probation fee, up
11to $5 of that fee collected per month may be used to provide
12services to crime victims and their families.
13 The Court may only waive probation fees based on an
14offender's ability to pay. The probation department may
15re-evaluate an offender's ability to pay every 6 months, and,
16with the approval of the Director of Court Services or the
17Chief Probation Officer, adjust the monthly fee amount. An
18offender may elect to pay probation fees due in a lump sum. Any
19offender that has been assigned to the supervision of a
20probation department, or has been transferred either under
21subsection (h) of this Section or under any interstate compact,
22shall be required to pay probation fees to the department
23supervising the offender, based on the offender's ability to
24pay.
25 Public Act 93-970 deletes the $10 increase in the fee under
26this subsection that was imposed by Public Act 93-616. This

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1deletion is intended to control over any other Act of the 93rd
2General Assembly that retains or incorporates that fee
3increase.
4 (i-5) In addition to the fees imposed under subsection (i)
5of this Section, in the case of an offender convicted of a
6felony sex offense (as defined in the Sex Offender Management
7Board Act) or an offense that the court or probation department
8has determined to be sexually motivated (as defined in the Sex
9Offender Management Board Act), the court or the probation
10department shall assess additional fees to pay for all costs of
11treatment, assessment, evaluation for risk and treatment, and
12monitoring the offender, based on that offender's ability to
13pay those costs either as they occur or under a payment plan.
14 (j) All fines and costs imposed under this Section for any
15violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
16Code, or a similar provision of a local ordinance, and any
17violation of the Child Passenger Protection Act, or a similar
18provision of a local ordinance, shall be collected and
19disbursed by the circuit clerk as provided under the Criminal
20and Traffic Assessment Act.
21 (k) Any offender who is sentenced to probation or
22conditional discharge for a felony sex offense as defined in
23the Sex Offender Management Board Act or any offense that the
24court or probation department has determined to be sexually
25motivated as defined in the Sex Offender Management Board Act
26shall be required to refrain from any contact, directly or

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1indirectly, with any persons specified by the court and shall
2be available for all evaluations and treatment programs
3required by the court or the probation department.
4 (l) The court may order an offender who is sentenced to
5probation or conditional discharge for a violation of an order
6of protection be placed under electronic surveillance as
7provided in Section 5-8A-7 of this Code.
8(Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16;
9100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff.
101-8-18; 100-987, eff. 7-1-19.)
11 Section 95. No acceleration or delay. Where this Act makes
12changes in a statute that is represented in this Act by text
13that is not yet or no longer in effect (for example, a Section
14represented by multiple versions), the use of that text does
15not accelerate or delay the taking effect of (i) the changes
16made by this Act or (ii) provisions derived from any other
17Public Act.
18 Section 99. Effective date. This Act takes effect upon
19becoming law.
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