Sen. John G. Mulroe
Filed: 3/28/2013
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| 1 | AMENDMENT TO SENATE BILL 1843
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 1843 on page 1, by | ||||||
| 3 | inserting immediately below line 3 the following:
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| 4 | "Section 2. The Juvenile Court Act of 1987 is amended by | ||||||
| 5 | changing Section 5-715 as follows:
| ||||||
| 6 | (705 ILCS 405/5-715)
| ||||||
| 7 | Sec. 5-715. Probation.
| ||||||
| 8 | (1) The period of probation or conditional discharge shall | ||||||
| 9 | not exceed 5
years or until the minor has attained the age of | ||||||
| 10 | 21 years, whichever is less,
except as provided in this Section | ||||||
| 11 | for a minor who is found to be guilty
for an offense which is | ||||||
| 12 | first degree murder, a Class X felony or a forcible
felony. The | ||||||
| 13 | juvenile court may terminate probation or
conditional | ||||||
| 14 | discharge and discharge the minor at any time if warranted by | ||||||
| 15 | the
conduct of the minor and the ends of justice; provided, | ||||||
| 16 | however, that the
period of probation for a minor who is found | ||||||
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| |||||||
| 1 | to be guilty for an offense which
is first degree murder, a | ||||||
| 2 | Class X felony, or a forcible felony shall be at
least 5 years.
| ||||||
| 3 | (2) The court may as a condition of probation or of | ||||||
| 4 | conditional discharge
require that the minor:
| ||||||
| 5 | (a) not violate any criminal statute of any | ||||||
| 6 | jurisdiction;
| ||||||
| 7 | (b) make a report to and appear in person before any | ||||||
| 8 | person or agency as
directed by the court;
| ||||||
| 9 | (c) work or pursue a course of study or vocational | ||||||
| 10 | training;
| ||||||
| 11 | (d) undergo medical or psychiatric treatment, rendered | ||||||
| 12 | by a psychiatrist
or
psychological treatment rendered by a | ||||||
| 13 | clinical psychologist or social work
services rendered by a | ||||||
| 14 | clinical social worker, or treatment for drug addiction
or | ||||||
| 15 | alcoholism;
| ||||||
| 16 | (e) attend or reside in a facility established for the | ||||||
| 17 | instruction or
residence of persons on probation;
| ||||||
| 18 | (f) support his or her dependents, if any;
| ||||||
| 19 | (g) refrain from possessing a firearm or other | ||||||
| 20 | dangerous weapon, or an
automobile;
| ||||||
| 21 | (h) permit the probation officer to visit him or her at | ||||||
| 22 | his or her home or
elsewhere;
| ||||||
| 23 | (i) reside with his or her parents or in a foster home;
| ||||||
| 24 | (j) attend school;
| ||||||
| 25 | (j-5) with the consent of the superintendent
of the
| ||||||
| 26 | facility,
attend an educational program at a facility other | ||||||
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| |||||||
| 1 | than the school
in which the
offense was committed if he
or | ||||||
| 2 | she committed a crime of violence as
defined in
Section 2 | ||||||
| 3 | of the Crime Victims Compensation Act in a school, on the
| ||||||
| 4 | real
property
comprising a school, or within 1,000 feet of | ||||||
| 5 | the real property comprising a
school;
| ||||||
| 6 | (k) attend a non-residential program for youth;
| ||||||
| 7 | (l) make restitution under the terms of subsection (4) | ||||||
| 8 | of Section 5-710;
| ||||||
| 9 | (m) contribute to his or her own support at home or in | ||||||
| 10 | a foster home;
| ||||||
| 11 | (n) perform some reasonable public or community | ||||||
| 12 | service;
| ||||||
| 13 | (o) participate with community corrections programs | ||||||
| 14 | including unified
delinquency intervention services | ||||||
| 15 | administered by the Department of Human
Services
subject to | ||||||
| 16 | Section 5 of the Children and Family Services Act;
| ||||||
| 17 | (p) pay costs;
| ||||||
| 18 | (q) serve a term of home confinement. In addition to | ||||||
| 19 | any other applicable
condition of probation or conditional | ||||||
| 20 | discharge, the conditions of home
confinement shall be that | ||||||
| 21 | the minor:
| ||||||
| 22 | (i) remain within the interior premises of the | ||||||
| 23 | place designated for his
or her confinement during the | ||||||
| 24 | hours designated by the court;
| ||||||
| 25 | (ii) admit any person or agent designated by the | ||||||
| 26 | court into the minor's
place of confinement at any time | ||||||
| |||||||
| |||||||
| 1 | for purposes of verifying the minor's
compliance with | ||||||
| 2 | the conditions of his or her confinement; and
| ||||||
| 3 | (iii) use an approved electronic monitoring device | ||||||
| 4 | if ordered by the
court subject to Article 8A of | ||||||
| 5 | Chapter V of the Unified Code of Corrections;
| ||||||
| 6 | (r) refrain from entering into a designated geographic | ||||||
| 7 | area except upon
terms as the court finds appropriate. The | ||||||
| 8 | terms may include consideration of
the purpose of the | ||||||
| 9 | entry, the time of day, other persons accompanying the
| ||||||
| 10 | minor, and advance approval by a probation officer, if the | ||||||
| 11 | minor has been
placed on probation, or advance approval by | ||||||
| 12 | the court, if the minor has been
placed on conditional | ||||||
| 13 | discharge;
| ||||||
| 14 | (s) refrain from having any contact, directly or | ||||||
| 15 | indirectly, with certain
specified persons or particular | ||||||
| 16 | types of persons, including but not limited to
members of | ||||||
| 17 | street gangs and drug users or dealers;
| ||||||
| 18 | (s-5) undergo a medical or other procedure to have a | ||||||
| 19 | tattoo symbolizing
allegiance to a street
gang removed from | ||||||
| 20 | his or her body;
| ||||||
| 21 | (t) refrain from having in his or her body the presence | ||||||
| 22 | of any illicit
drug
prohibited by the Cannabis Control Act, | ||||||
| 23 | the Illinois Controlled Substances
Act, or the | ||||||
| 24 | Methamphetamine Control and Community Protection Act, | ||||||
| 25 | unless prescribed
by a physician, and shall submit samples | ||||||
| 26 | of his or her blood or urine or both
for tests to determine | ||||||
| |||||||
| |||||||
| 1 | the presence of any illicit drug; or
| ||||||
| 2 | (u) comply with other conditions as may be ordered by | ||||||
| 3 | the court.
| ||||||
| 4 | (3) The court may as a condition of probation or of | ||||||
| 5 | conditional discharge
require that a minor found guilty on any | ||||||
| 6 | alcohol, cannabis, methamphetamine, or
controlled substance | ||||||
| 7 | violation, refrain from acquiring a driver's license
during the | ||||||
| 8 | period of probation or conditional discharge. If the minor is | ||||||
| 9 | in
possession of a permit or license, the court may require | ||||||
| 10 | that the minor refrain
from driving or operating any motor | ||||||
| 11 | vehicle during the period of probation or
conditional | ||||||
| 12 | discharge, except as may be necessary in the course of the | ||||||
| 13 | minor's
lawful
employment.
| ||||||
| 14 | (3.5) The court shall, as a condition of probation or of | ||||||
| 15 | conditional
discharge,
require that a minor found to be guilty | ||||||
| 16 | and placed on probation for reasons
that include a
violation of | ||||||
| 17 | Section 3.02 or Section 3.03 of the Humane Care for Animals Act | ||||||
| 18 | or
paragraph
(4) of subsection (a) of Section 21-1 of the
| ||||||
| 19 | Criminal Code of 2012 undergo medical or psychiatric treatment | ||||||
| 20 | rendered by a
psychiatrist or psychological treatment rendered | ||||||
| 21 | by a clinical psychologist.
The
condition may be in addition to | ||||||
| 22 | any other condition.
| ||||||
| 23 | (3.10) The court shall order that a minor placed on | ||||||
| 24 | probation or
conditional discharge for a sex offense as defined | ||||||
| 25 | in the Sex Offender
Management Board Act undergo and | ||||||
| 26 | successfully complete sex offender treatment.
The treatment | ||||||
| |||||||
| |||||||
| 1 | shall be in conformance with the standards developed under
the | ||||||
| 2 | Sex Offender Management Board Act and conducted by a treatment | ||||||
| 3 | provider
approved by the Board. The treatment shall be at the | ||||||
| 4 | expense of the person
evaluated based upon that person's | ||||||
| 5 | ability to pay for the treatment.
| ||||||
| 6 | (4) A minor on probation or conditional discharge shall be | ||||||
| 7 | given a
certificate setting forth the conditions upon which he | ||||||
| 8 | or she is being
released.
| ||||||
| 9 | (5) The court shall impose upon a minor placed on probation | ||||||
| 10 | or conditional
discharge, as a condition of the probation or | ||||||
| 11 | conditional discharge, a fee of
$50 for each month of probation | ||||||
| 12 | or conditional discharge supervision ordered by
the court, | ||||||
| 13 | unless after determining the inability of the minor placed on
| ||||||
| 14 | probation or conditional discharge to pay the fee, the court | ||||||
| 15 | assesses a lesser
amount. The court may not impose the fee on a | ||||||
| 16 | minor who is made a ward of the
State under this Act while the | ||||||
| 17 | minor is in placement. The fee shall be
imposed only upon a | ||||||
| 18 | minor who is actively supervised by the probation and court
| ||||||
| 19 | services department. The court may order the parent, guardian, | ||||||
| 20 | or legal
custodian of the minor to pay some or all of the fee on | ||||||
| 21 | the minor's behalf.
| ||||||
| 22 | (5.5) Jurisdiction over an offender may be transferred from | ||||||
| 23 | the
sentencing court to the court of another circuit with the | ||||||
| 24 | concurrence
of both courts. Further transfers or retransfers of | ||||||
| 25 | jurisdiction are
also authorized in the same manner. The court | ||||||
| 26 | to which jurisdiction has
been transferred shall have the same | ||||||
| |||||||
| |||||||
| 1 | powers as the sentencing court.
The probation department within | ||||||
| 2 | the circuit to which jurisdiction has
been transferred, or | ||||||
| 3 | which has agreed to provide supervision, may
impose probation | ||||||
| 4 | fees upon receiving the transferred offender, as
provided in | ||||||
| 5 | subsection (i) of Section 5-6-3 of the Unified Code of | ||||||
| 6 | Corrections. For all transfer cases, as defined in
Section 9b | ||||||
| 7 | of the Probation and Probation Officers Act, the probation
| ||||||
| 8 | department from the original sentencing court shall retain all
| ||||||
| 9 | probation fees collected prior to the transfer. After the | ||||||
| 10 | transfer all
probation fees shall be paid to the probation | ||||||
| 11 | department within the
circuit to which jurisdiction has been | ||||||
| 12 | transferred. | ||||||
| 13 | (6) The General Assembly finds that in order to protect the | ||||||
| 14 | public, the
juvenile justice system must compel compliance with | ||||||
| 15 | the conditions of probation
by responding to violations with | ||||||
| 16 | swift, certain, and fair punishments and
intermediate | ||||||
| 17 | sanctions. The Chief Judge of each circuit shall adopt a system
| ||||||
| 18 | of structured, intermediate sanctions for violations of the | ||||||
| 19 | terms and
conditions of a sentence of supervision, probation or | ||||||
| 20 | conditional discharge,
under this
Act.
| ||||||
| 21 | The court shall provide as a condition of a disposition of | ||||||
| 22 | probation,
conditional discharge, or supervision, that the | ||||||
| 23 | probation agency may invoke any
sanction from the list of | ||||||
| 24 | intermediate sanctions adopted by the chief judge of
the | ||||||
| 25 | circuit court for violations of the terms and conditions of the | ||||||
| 26 | sentence of
probation, conditional discharge, or supervision, | ||||||
| |||||||
| |||||||
| 1 | subject to the provisions of
Section 5-720 of this Act.
| ||||||
| 2 | (Source: P.A. 96-1414, eff. 1-1-11; 97-1108, eff. 1-1-13; | ||||||
| 3 | 97-1150, eff. 1-25-13.)
| ||||||
| 4 | Section 3. The Unified Code of Corrections is amended by | ||||||
| 5 | changing Section 5-6-3 as follows:
| ||||||
| 6 | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) | ||||||
| 7 | Sec. 5-6-3. Conditions of Probation and of Conditional | ||||||
| 8 | Discharge.
| ||||||
| 9 | (a) The conditions of probation and of conditional | ||||||
| 10 | discharge shall be
that the person:
| ||||||
| 11 | (1) not violate any criminal statute of any | ||||||
| 12 | jurisdiction;
| ||||||
| 13 | (2) report to or appear in person before such person or | ||||||
| 14 | agency as
directed by the court;
| ||||||
| 15 | (3) refrain from possessing a firearm or other | ||||||
| 16 | dangerous weapon where the offense is a felony or, if a | ||||||
| 17 | misdemeanor, the offense involved the intentional or | ||||||
| 18 | knowing infliction of bodily harm or threat of bodily harm;
| ||||||
| 19 | (4) not leave the State without the consent of the | ||||||
| 20 | court or, in
circumstances in which the reason for the | ||||||
| 21 | absence is of such an emergency
nature that prior consent | ||||||
| 22 | by the court is not possible, without the prior
| ||||||
| 23 | notification and approval of the person's probation
| ||||||
| 24 | officer. Transfer of a person's probation or conditional | ||||||
| |||||||
| |||||||
| 1 | discharge
supervision to another state is subject to | ||||||
| 2 | acceptance by the other state
pursuant to the Interstate | ||||||
| 3 | Compact for Adult Offender Supervision;
| ||||||
| 4 | (5) permit the probation officer to visit
him at his | ||||||
| 5 | home or elsewhere
to the extent necessary to discharge his | ||||||
| 6 | duties;
| ||||||
| 7 | (6) perform no less than 30 hours of community service | ||||||
| 8 | and not more than
120 hours of community service, if | ||||||
| 9 | community service is available in the
jurisdiction and is | ||||||
| 10 | funded and approved by the county board where the offense
| ||||||
| 11 | was committed, where the offense was related to or in | ||||||
| 12 | furtherance of the
criminal activities of an organized gang | ||||||
| 13 | and was motivated by the offender's
membership in or | ||||||
| 14 | allegiance to an organized gang. The community service | ||||||
| 15 | shall
include, but not be limited to, the cleanup and | ||||||
| 16 | repair of any damage caused by
a violation of Section | ||||||
| 17 | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | ||||||
| 18 | 2012 and similar damage
to property located within the | ||||||
| 19 | municipality or county in which the violation
occurred. | ||||||
| 20 | When possible and reasonable, the community service should | ||||||
| 21 | be
performed in the offender's neighborhood. For purposes | ||||||
| 22 | of this Section,
"organized gang" has the meaning ascribed | ||||||
| 23 | to it in Section 10 of the Illinois
Streetgang Terrorism | ||||||
| 24 | Omnibus Prevention Act;
| ||||||
| 25 | (7) if he or she is at least 17 years of age and has | ||||||
| 26 | been sentenced to
probation or conditional discharge for a | ||||||
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| |||||||
| 1 | misdemeanor or felony in a county of
3,000,000 or more | ||||||
| 2 | inhabitants and has not been previously convicted of a
| ||||||
| 3 | misdemeanor or felony, may be required by the sentencing | ||||||
| 4 | court to attend
educational courses designed to prepare the | ||||||
| 5 | defendant for a high school diploma
and to work toward a | ||||||
| 6 | high school diploma or to work toward passing the high
| ||||||
| 7 | school level Test of General Educational Development (GED) | ||||||
| 8 | or to work toward
completing a vocational training program | ||||||
| 9 | approved by the court. The person on
probation or | ||||||
| 10 | conditional discharge must attend a public institution of
| ||||||
| 11 | education to obtain the educational or vocational training | ||||||
| 12 | required by this
clause (7). The court shall revoke the | ||||||
| 13 | probation or conditional discharge of a
person who wilfully | ||||||
| 14 | fails to comply with this clause (7). The person on
| ||||||
| 15 | probation or conditional discharge shall be required to pay | ||||||
| 16 | for the cost of the
educational courses or GED test, if a | ||||||
| 17 | fee is charged for those courses or
test. The court shall | ||||||
| 18 | resentence the offender whose probation or conditional
| ||||||
| 19 | discharge has been revoked as provided in Section 5-6-4. | ||||||
| 20 | This clause (7) does
not apply to a person who has a high | ||||||
| 21 | school diploma or has successfully passed
the GED test. | ||||||
| 22 | This clause (7) does not apply to a person who is | ||||||
| 23 | determined by
the court to be developmentally disabled or | ||||||
| 24 | otherwise mentally incapable of
completing the educational | ||||||
| 25 | or vocational program;
| ||||||
| 26 | (8) if convicted of possession of a substance | ||||||
| |||||||
| |||||||
| 1 | prohibited
by the Cannabis Control Act, the Illinois | ||||||
| 2 | Controlled Substances Act, or the Methamphetamine Control | ||||||
| 3 | and Community Protection Act
after a previous conviction or | ||||||
| 4 | disposition of supervision for possession of a
substance | ||||||
| 5 | prohibited by the Cannabis Control Act or Illinois | ||||||
| 6 | Controlled
Substances Act or after a sentence of probation | ||||||
| 7 | under Section 10 of the
Cannabis
Control Act, Section 410 | ||||||
| 8 | of the Illinois Controlled Substances Act, or Section 70 of | ||||||
| 9 | the Methamphetamine Control and Community Protection Act | ||||||
| 10 | and upon a
finding by the court that the person is | ||||||
| 11 | addicted, undergo treatment at a
substance abuse program | ||||||
| 12 | approved by the court;
| ||||||
| 13 | (8.5) if convicted of a felony sex offense as defined | ||||||
| 14 | in the Sex
Offender
Management Board Act, the person shall | ||||||
| 15 | undergo and successfully complete sex
offender treatment | ||||||
| 16 | by a treatment provider approved by the Board and conducted
| ||||||
| 17 | in conformance with the standards developed under the Sex
| ||||||
| 18 | Offender Management Board Act;
| ||||||
| 19 | (8.6) if convicted of a sex offense as defined in the | ||||||
| 20 | Sex Offender Management Board Act, refrain from residing at | ||||||
| 21 | the same address or in the same condominium unit or | ||||||
| 22 | apartment unit or in the same condominium complex or | ||||||
| 23 | apartment complex with another person he or she knows or | ||||||
| 24 | reasonably should know is a convicted sex offender or has | ||||||
| 25 | been placed on supervision for a sex offense; the | ||||||
| 26 | provisions of this paragraph do not apply to a person | ||||||
| |||||||
| |||||||
| 1 | convicted of a sex offense who is placed in a Department of | ||||||
| 2 | Corrections licensed transitional housing facility for sex | ||||||
| 3 | offenders; | ||||||
| 4 | (8.7) if convicted for an offense committed on or after | ||||||
| 5 | June 1, 2008 (the effective date of Public Act 95-464) that | ||||||
| 6 | would qualify the accused as a child sex offender as | ||||||
| 7 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
| 8 | 1961 or the Criminal Code of 2012, refrain from | ||||||
| 9 | communicating with or contacting, by means of the Internet, | ||||||
| 10 | a person who is not related to the accused and whom the | ||||||
| 11 | accused reasonably believes to be under 18 years of age; | ||||||
| 12 | for purposes of this paragraph (8.7), "Internet" has the | ||||||
| 13 | meaning ascribed to it in Section 16-0.1 of the Criminal | ||||||
| 14 | Code of 2012; and a person is not related to the accused if | ||||||
| 15 | the person is not: (i) the spouse, brother, or sister of | ||||||
| 16 | the accused; (ii) a descendant of the accused; (iii) a | ||||||
| 17 | first or second cousin of the accused; or (iv) a step-child | ||||||
| 18 | or adopted child of the accused; | ||||||
| 19 | (8.8) if convicted for an offense under Section 11-6, | ||||||
| 20 | 11-9.1, 11-14.4 that involves soliciting for a juvenile | ||||||
| 21 | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||||||
| 22 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 23 | or any attempt to commit any of these offenses, committed | ||||||
| 24 | on or after June 1, 2009 (the effective date of Public Act | ||||||
| 25 | 95-983): | ||||||
| 26 | (i) not access or use a computer or any other | ||||||
| |||||||
| |||||||
| 1 | device with Internet capability without the prior | ||||||
| 2 | written approval of the offender's probation officer, | ||||||
| 3 | except in connection with the offender's employment or | ||||||
| 4 | search for employment with the prior approval of the | ||||||
| 5 | offender's probation officer; | ||||||
| 6 | (ii) submit to periodic unannounced examinations | ||||||
| 7 | of the offender's computer or any other device with | ||||||
| 8 | Internet capability by the offender's probation | ||||||
| 9 | officer, a law enforcement officer, or assigned | ||||||
| 10 | computer or information technology specialist, | ||||||
| 11 | including the retrieval and copying of all data from | ||||||
| 12 | the computer or device and any internal or external | ||||||
| 13 | peripherals and removal of such information, | ||||||
| 14 | equipment, or device to conduct a more thorough | ||||||
| 15 | inspection; | ||||||
| 16 | (iii) submit to the installation on the offender's | ||||||
| 17 | computer or device with Internet capability, at the | ||||||
| 18 | offender's expense, of one or more hardware or software | ||||||
| 19 | systems to monitor the Internet use; and | ||||||
| 20 | (iv) submit to any other appropriate restrictions | ||||||
| 21 | concerning the offender's use of or access to a | ||||||
| 22 | computer or any other device with Internet capability | ||||||
| 23 | imposed by the offender's probation officer; | ||||||
| 24 | (8.9) if convicted of a sex offense as defined in the | ||||||
| 25 | Sex Offender
Registration Act committed on or after January | ||||||
| 26 | 1, 2010 (the effective date of Public Act 96-262), refrain | ||||||
| |||||||
| |||||||
| 1 | from accessing or using a social networking website as | ||||||
| 2 | defined in Section 17-0.5 of the Criminal Code of 2012;
| ||||||
| 3 | (9) if convicted of a felony or of any misdemeanor | ||||||
| 4 | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | ||||||
| 5 | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of | ||||||
| 6 | 2012 that was determined, pursuant to Section 112A-11.1 of | ||||||
| 7 | the Code of Criminal Procedure of 1963, to trigger the | ||||||
| 8 | prohibitions of 18 U.S.C. 922(g)(9), physically surrender | ||||||
| 9 | at a time and place
designated by the court, his or her | ||||||
| 10 | Firearm
Owner's Identification Card and
any and all | ||||||
| 11 | firearms in
his or her possession. The Court shall return | ||||||
| 12 | to the Department of State Police Firearm Owner's | ||||||
| 13 | Identification Card Office the person's Firearm Owner's | ||||||
| 14 | Identification Card;
| ||||||
| 15 | (10) if convicted of a sex offense as defined in | ||||||
| 16 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
| 17 | offender is a parent or guardian of the person under 18 | ||||||
| 18 | years of age present in the home and no non-familial minors | ||||||
| 19 | are present, not participate in a holiday event involving | ||||||
| 20 | children under 18 years of age, such as distributing candy | ||||||
| 21 | or other items to children on Halloween, wearing a Santa | ||||||
| 22 | Claus costume on or preceding Christmas, being employed as | ||||||
| 23 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
| 24 | costume on or preceding Easter; | ||||||
| 25 | (11) if convicted of a sex offense as defined in | ||||||
| 26 | Section 2 of the Sex Offender Registration Act committed on | ||||||
| |||||||
| |||||||
| 1 | or after January 1, 2010 (the effective date of Public Act | ||||||
| 2 | 96-362) that requires the person to register as a sex | ||||||
| 3 | offender under that Act, may not knowingly use any computer | ||||||
| 4 | scrub software on any computer that the sex offender uses; | ||||||
| 5 | and | ||||||
| 6 | (12) if convicted of a violation of the Methamphetamine | ||||||
| 7 | Control and Community Protection Act, the Methamphetamine
| ||||||
| 8 | Precursor Control Act, or a methamphetamine related | ||||||
| 9 | offense: | ||||||
| 10 | (A) prohibited from purchasing, possessing, or | ||||||
| 11 | having under his or her control any product containing | ||||||
| 12 | pseudoephedrine unless prescribed by a physician; and | ||||||
| 13 | (B) prohibited from purchasing, possessing, or | ||||||
| 14 | having under his or her control any product containing | ||||||
| 15 | ammonium nitrate. | ||||||
| 16 | (b) The Court may in addition to other reasonable | ||||||
| 17 | conditions relating to the
nature of the offense or the | ||||||
| 18 | rehabilitation of the defendant as determined for
each | ||||||
| 19 | defendant in the proper discretion of the Court require that | ||||||
| 20 | the person:
| ||||||
| 21 | (1) serve a term of periodic imprisonment under Article | ||||||
| 22 | 7 for a
period not to exceed that specified in paragraph | ||||||
| 23 | (d) of Section 5-7-1;
| ||||||
| 24 | (2) pay a fine and costs;
| ||||||
| 25 | (3) work or pursue a course of study or vocational | ||||||
| 26 | training;
| ||||||
| |||||||
| |||||||
| 1 | (4) undergo medical, psychological or psychiatric | ||||||
| 2 | treatment; or treatment
for drug addiction or alcoholism;
| ||||||
| 3 | (5) attend or reside in a facility established for the | ||||||
| 4 | instruction
or residence of defendants on probation;
| ||||||
| 5 | (6) support his dependents;
| ||||||
| 6 | (7) and in addition, if a minor:
| ||||||
| 7 | (i) reside with his parents or in a foster home;
| ||||||
| 8 | (ii) attend school;
| ||||||
| 9 | (iii) attend a non-residential program for youth;
| ||||||
| 10 | (iv) contribute to his own support at home or in a | ||||||
| 11 | foster home;
| ||||||
| 12 | (v) with the consent of the superintendent of the
| ||||||
| 13 | facility, attend an educational program at a facility | ||||||
| 14 | other than the school
in which the
offense was | ||||||
| 15 | committed if he
or she is convicted of a crime of | ||||||
| 16 | violence as
defined in
Section 2 of the Crime Victims | ||||||
| 17 | Compensation Act committed in a school, on the
real
| ||||||
| 18 | property
comprising a school, or within 1,000 feet of | ||||||
| 19 | the real property comprising a
school;
| ||||||
| 20 | (8) make restitution as provided in Section 5-5-6 of | ||||||
| 21 | this Code;
| ||||||
| 22 | (9) perform some reasonable public or community | ||||||
| 23 | service;
| ||||||
| 24 | (10) serve a term of home confinement. In addition to | ||||||
| 25 | any other
applicable condition of probation or conditional | ||||||
| 26 | discharge, the
conditions of home confinement shall be that | ||||||
| |||||||
| |||||||
| 1 | the offender:
| ||||||
| 2 | (i) remain within the interior premises of the | ||||||
| 3 | place designated for
his confinement during the hours | ||||||
| 4 | designated by the court;
| ||||||
| 5 | (ii) admit any person or agent designated by the | ||||||
| 6 | court into the
offender's place of confinement at any | ||||||
| 7 | time for purposes of verifying
the offender's | ||||||
| 8 | compliance with the conditions of his confinement; and
| ||||||
| 9 | (iii) if further deemed necessary by the court or | ||||||
| 10 | the
Probation or
Court Services Department, be placed | ||||||
| 11 | on an approved
electronic monitoring device, subject | ||||||
| 12 | to Article 8A of Chapter V;
| ||||||
| 13 | (iv) for persons convicted of any alcohol, | ||||||
| 14 | cannabis or controlled
substance violation who are | ||||||
| 15 | placed on an approved monitoring device as a
condition | ||||||
| 16 | of probation or conditional discharge, the court shall | ||||||
| 17 | impose a
reasonable fee for each day of the use of the | ||||||
| 18 | device, as established by the
county board in | ||||||
| 19 | subsection (g) of this Section, unless after | ||||||
| 20 | determining the
inability of the offender to pay the | ||||||
| 21 | fee, the court assesses a lesser fee or no
fee as the | ||||||
| 22 | case may be. This fee shall be imposed in addition to | ||||||
| 23 | the fees
imposed under subsections (g) and (i) of this | ||||||
| 24 | Section. The fee shall be
collected by the clerk of the | ||||||
| 25 | circuit court. The clerk of the circuit
court shall pay | ||||||
| 26 | all monies collected from this fee to the county | ||||||
| |||||||
| |||||||
| 1 | treasurer
for deposit in the substance abuse services | ||||||
| 2 | fund under Section 5-1086.1 of
the Counties Code; and
| ||||||
| 3 | (v) for persons convicted of offenses other than | ||||||
| 4 | those referenced in
clause (iv) above and who are | ||||||
| 5 | placed on an approved monitoring device as a
condition | ||||||
| 6 | of probation or conditional discharge, the court shall | ||||||
| 7 | impose
a reasonable fee for each day of the use of the | ||||||
| 8 | device, as established by the
county board in | ||||||
| 9 | subsection (g) of this Section, unless after | ||||||
| 10 | determining the
inability of the defendant to pay the | ||||||
| 11 | fee, the court assesses a lesser fee or
no fee as the | ||||||
| 12 | case may be. This fee shall be imposed in addition to | ||||||
| 13 | the fees
imposed under subsections (g) and (i) of this | ||||||
| 14 | Section. The fee
shall be collected by the clerk of the | ||||||
| 15 | circuit court. The clerk of the circuit
court shall pay | ||||||
| 16 | all monies collected from this fee
to the county | ||||||
| 17 | treasurer who shall use the monies collected to defray | ||||||
| 18 | the
costs of corrections. The county treasurer shall | ||||||
| 19 | deposit the fee
collected in the probation and court | ||||||
| 20 | services fund.
| ||||||
| 21 | (11) comply with the terms and conditions of an order | ||||||
| 22 | of protection issued
by the court pursuant to the Illinois | ||||||
| 23 | Domestic Violence Act of 1986,
as now or hereafter amended, | ||||||
| 24 | or an order of protection issued by the court of
another | ||||||
| 25 | state, tribe, or United States territory. A copy of the | ||||||
| 26 | order of
protection shall be
transmitted to the probation | ||||||
| |||||||
| |||||||
| 1 | officer or agency
having responsibility for the case;
| ||||||
| 2 | (12) reimburse any "local anti-crime program" as | ||||||
| 3 | defined in Section 7
of the Anti-Crime Advisory Council Act | ||||||
| 4 | for any reasonable expenses incurred
by the program on the | ||||||
| 5 | offender's case, not to exceed the maximum amount of
the | ||||||
| 6 | fine authorized for the offense for which the defendant was | ||||||
| 7 | sentenced;
| ||||||
| 8 | (13) contribute a reasonable sum of money, not to | ||||||
| 9 | exceed the maximum
amount of the fine authorized for the
| ||||||
| 10 | offense for which the defendant was sentenced, (i) to a | ||||||
| 11 | "local anti-crime
program", as defined in Section 7 of the | ||||||
| 12 | Anti-Crime Advisory Council Act, or (ii) for offenses under | ||||||
| 13 | the jurisdiction of the Department of Natural Resources, to | ||||||
| 14 | the fund established by the Department of Natural Resources | ||||||
| 15 | for the purchase of evidence for investigation purposes and | ||||||
| 16 | to conduct investigations as outlined in Section 805-105 of | ||||||
| 17 | the Department of Natural Resources (Conservation) Law;
| ||||||
| 18 | (14) refrain from entering into a designated | ||||||
| 19 | geographic area except upon
such terms as the court finds | ||||||
| 20 | appropriate. Such terms may include
consideration of the | ||||||
| 21 | purpose of the entry, the time of day, other persons
| ||||||
| 22 | accompanying the defendant, and advance approval by a
| ||||||
| 23 | probation officer, if
the defendant has been placed on | ||||||
| 24 | probation or advance approval by the
court, if the | ||||||
| 25 | defendant was placed on conditional discharge;
| ||||||
| 26 | (15) refrain from having any contact, directly or | ||||||
| |||||||
| |||||||
| 1 | indirectly, with
certain specified persons or particular | ||||||
| 2 | types of persons, including but not
limited to members of | ||||||
| 3 | street gangs and drug users or dealers;
| ||||||
| 4 | (16) refrain from having in his or her body the | ||||||
| 5 | presence of any illicit
drug prohibited by the Cannabis | ||||||
| 6 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
| 7 | Methamphetamine Control and Community Protection Act, | ||||||
| 8 | unless prescribed by a physician, and submit samples of
his | ||||||
| 9 | or her blood or urine or both for tests to determine the | ||||||
| 10 | presence of any
illicit drug;
| ||||||
| 11 | (17) if convicted for an offense committed on or after | ||||||
| 12 | June 1, 2008 (the effective date of Public Act 95-464) that | ||||||
| 13 | would qualify the accused as a child sex offender as | ||||||
| 14 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
| 15 | 1961 or the Criminal Code of 2012, refrain from | ||||||
| 16 | communicating with or contacting, by means of the Internet, | ||||||
| 17 | a person who is related to the accused and whom the accused | ||||||
| 18 | reasonably believes to be under 18 years of age; for | ||||||
| 19 | purposes of this paragraph (17), "Internet" has the meaning | ||||||
| 20 | ascribed to it in Section 16-0.1 of the Criminal Code of | ||||||
| 21 | 2012; and a person is related to the accused if the person | ||||||
| 22 | is: (i) the spouse, brother, or sister of the accused; (ii) | ||||||
| 23 | a descendant of the accused; (iii) a first or second cousin | ||||||
| 24 | of the accused; or (iv) a step-child or adopted child of | ||||||
| 25 | the accused; | ||||||
| 26 | (18) if convicted for an offense committed on or after | ||||||
| |||||||
| |||||||
| 1 | June 1, 2009 (the effective date of Public Act 95-983) that | ||||||
| 2 | would qualify as a sex offense as defined in the Sex | ||||||
| 3 | Offender Registration Act: | ||||||
| 4 | (i) not access or use a computer or any other | ||||||
| 5 | device with Internet capability without the prior | ||||||
| 6 | written approval of the offender's probation officer, | ||||||
| 7 | except in connection with the offender's employment or | ||||||
| 8 | search for employment with the prior approval of the | ||||||
| 9 | offender's probation officer; | ||||||
| 10 | (ii) submit to periodic unannounced examinations | ||||||
| 11 | of the offender's computer or any other device with | ||||||
| 12 | Internet capability by the offender's probation | ||||||
| 13 | officer, a law enforcement officer, or assigned | ||||||
| 14 | computer or information technology specialist, | ||||||
| 15 | including the retrieval and copying of all data from | ||||||
| 16 | the computer or device and any internal or external | ||||||
| 17 | peripherals and removal of such information, | ||||||
| 18 | equipment, or device to conduct a more thorough | ||||||
| 19 | inspection; | ||||||
| 20 | (iii) submit to the installation on the offender's | ||||||
| 21 | computer or device with Internet capability, at the | ||||||
| 22 | subject's expense, of one or more hardware or software | ||||||
| 23 | systems to monitor the Internet use; and | ||||||
| 24 | (iv) submit to any other appropriate restrictions | ||||||
| 25 | concerning the offender's use of or access to a | ||||||
| 26 | computer or any other device with Internet capability | ||||||
| |||||||
| |||||||
| 1 | imposed by the offender's probation officer; and | ||||||
| 2 | (19) refrain from possessing a firearm or other | ||||||
| 3 | dangerous weapon where the offense is a misdemeanor that | ||||||
| 4 | did not involve the intentional or knowing infliction of | ||||||
| 5 | bodily harm or threat of bodily harm. | ||||||
| 6 | (c) The court may as a condition of probation or of | ||||||
| 7 | conditional
discharge require that a person under 18 years of | ||||||
| 8 | age found guilty of any
alcohol, cannabis or controlled | ||||||
| 9 | substance violation, refrain from acquiring
a driver's license | ||||||
| 10 | during
the period of probation or conditional discharge. If | ||||||
| 11 | such person
is in possession of a permit or license, the court | ||||||
| 12 | may require that
the minor refrain from driving or operating | ||||||
| 13 | any motor vehicle during the
period of probation or conditional | ||||||
| 14 | discharge, except as may be necessary in
the course of the | ||||||
| 15 | minor's lawful employment.
| ||||||
| 16 | (d) An offender sentenced to probation or to conditional | ||||||
| 17 | discharge
shall be given a certificate setting forth the | ||||||
| 18 | conditions thereof.
| ||||||
| 19 | (e) Except where the offender has committed a fourth or | ||||||
| 20 | subsequent
violation of subsection (c) of Section 6-303 of the | ||||||
| 21 | Illinois Vehicle Code,
the court shall not require as a | ||||||
| 22 | condition of the sentence of
probation or conditional discharge | ||||||
| 23 | that the offender be committed to a
period of imprisonment in | ||||||
| 24 | excess of 6 months.
This 6 month limit shall not include | ||||||
| 25 | periods of confinement given pursuant to
a sentence of county | ||||||
| 26 | impact incarceration under Section 5-8-1.2.
| ||||||
| |||||||
| |||||||
| 1 | Persons committed to imprisonment as a condition of | ||||||
| 2 | probation or
conditional discharge shall not be committed to | ||||||
| 3 | the Department of
Corrections.
| ||||||
| 4 | (f) The court may combine a sentence of periodic | ||||||
| 5 | imprisonment under
Article 7 or a sentence to a county impact | ||||||
| 6 | incarceration program under
Article 8 with a sentence of | ||||||
| 7 | probation or conditional discharge.
| ||||||
| 8 | (g) An offender sentenced to probation or to conditional | ||||||
| 9 | discharge and
who during the term of either undergoes mandatory | ||||||
| 10 | drug or alcohol testing,
or both, or is assigned to be placed | ||||||
| 11 | on an approved electronic monitoring
device, shall be ordered | ||||||
| 12 | to pay all costs incidental to such mandatory drug
or alcohol | ||||||
| 13 | testing, or both, and all costs
incidental to such approved | ||||||
| 14 | electronic monitoring in accordance with the
defendant's | ||||||
| 15 | ability to pay those costs. The county board with
the | ||||||
| 16 | concurrence of the Chief Judge of the judicial
circuit in which | ||||||
| 17 | the county is located shall establish reasonable fees for
the | ||||||
| 18 | cost of maintenance, testing, and incidental expenses related | ||||||
| 19 | to the
mandatory drug or alcohol testing, or both, and all | ||||||
| 20 | costs incidental to
approved electronic monitoring, involved | ||||||
| 21 | in a successful probation program
for the county. The | ||||||
| 22 | concurrence of the Chief Judge shall be in the form of
an | ||||||
| 23 | administrative order.
The fees shall be collected by the clerk | ||||||
| 24 | of the circuit court. The clerk of
the circuit court shall pay | ||||||
| 25 | all moneys collected from these fees to the county
treasurer | ||||||
| 26 | who shall use the moneys collected to defray the costs of
drug | ||||||
| |||||||
| |||||||
| 1 | testing, alcohol testing, and electronic monitoring.
The | ||||||
| 2 | county treasurer shall deposit the fees collected in the
county | ||||||
| 3 | working cash fund under Section 6-27001 or Section 6-29002 of | ||||||
| 4 | the
Counties Code, as the case may be.
| ||||||
| 5 | (h) Jurisdiction over an offender may be transferred from | ||||||
| 6 | the
sentencing court to the court of another circuit with the | ||||||
| 7 | concurrence of
both courts. Further transfers or retransfers of
| ||||||
| 8 | jurisdiction are also
authorized in the same manner. The court | ||||||
| 9 | to which jurisdiction has been
transferred shall have the same | ||||||
| 10 | powers as the sentencing court.
The probation department within | ||||||
| 11 | the circuit to which jurisdiction has been transferred, or | ||||||
| 12 | which has agreed to provide supervision, may impose probation | ||||||
| 13 | fees upon receiving the transferred offender, as provided in | ||||||
| 14 | subsection (i). For all transfer cases, as defined in Section | ||||||
| 15 | 9b of the Probation and Probation Officers Act, the The | ||||||
| 16 | probation department from the original sentencing court shall | ||||||
| 17 | retain all probation fees collected prior to the transfer. | ||||||
| 18 | After the transfer
all probation fees shall be paid to the | ||||||
| 19 | probation department within the
circuit to which jurisdiction | ||||||
| 20 | has been transferred.
| ||||||
| 21 | (i) The court shall impose upon an offender
sentenced to | ||||||
| 22 | probation after January 1, 1989 or to conditional discharge
| ||||||
| 23 | after January 1, 1992 or to community service under the | ||||||
| 24 | supervision of a
probation or court services department after | ||||||
| 25 | January 1, 2004, as a condition of such probation or | ||||||
| 26 | conditional
discharge or supervised community service, a fee of | ||||||
| |||||||
| |||||||
| 1 | $50
for each month of probation or
conditional
discharge | ||||||
| 2 | supervision or supervised community service ordered by the | ||||||
| 3 | court, unless after
determining the inability of the person | ||||||
| 4 | sentenced to probation or conditional
discharge or supervised | ||||||
| 5 | community service to pay the
fee, the court assesses a lesser | ||||||
| 6 | fee. The court may not impose the fee on a
minor who is made a | ||||||
| 7 | ward of the State under the Juvenile Court Act of 1987
while | ||||||
| 8 | the minor is in placement.
The fee shall be imposed only upon
| ||||||
| 9 | an offender who is actively supervised by the
probation and | ||||||
| 10 | court services
department. The fee shall be collected by the | ||||||
| 11 | clerk
of the circuit court. The clerk of the circuit court | ||||||
| 12 | shall pay all monies
collected from this fee to the county | ||||||
| 13 | treasurer for deposit in the
probation and court services fund | ||||||
| 14 | under Section 15.1 of the
Probation and Probation Officers Act.
| ||||||
| 15 | A circuit court may not impose a probation fee under this | ||||||
| 16 | subsection (i) in excess of $25
per month unless the circuit | ||||||
| 17 | court has adopted, by administrative
order issued by the chief | ||||||
| 18 | judge, a standard probation fee guide
determining an offender's | ||||||
| 19 | ability to pay Of the
amount collected as a probation fee, up | ||||||
| 20 | to $5 of that fee
collected per month may be used to provide | ||||||
| 21 | services to crime victims
and their families. | ||||||
| 22 | The Court may only waive probation fees based on an | ||||||
| 23 | offender's ability to pay. The probation department may | ||||||
| 24 | re-evaluate an offender's ability to pay every 6 months, and, | ||||||
| 25 | with the approval of the Director of Court Services or the | ||||||
| 26 | Chief Probation Officer, adjust the monthly fee amount. An | ||||||
| |||||||
| |||||||
| 1 | offender may elect to pay probation fees due in a lump sum.
Any | ||||||
| 2 | offender that has been assigned to the supervision of a | ||||||
| 3 | probation department, or has been transferred either under | ||||||
| 4 | subsection (h) of this Section or under any interstate compact, | ||||||
| 5 | shall be required to pay probation fees to the department | ||||||
| 6 | supervising the offender, based on the offender's ability to | ||||||
| 7 | pay.
| ||||||
| 8 | This amendatory Act of the 93rd General Assembly deletes | ||||||
| 9 | the $10 increase in the fee under this subsection that was | ||||||
| 10 | imposed by Public Act 93-616. This deletion is intended to | ||||||
| 11 | control over any other Act of the 93rd General Assembly that | ||||||
| 12 | retains or incorporates that fee increase. | ||||||
| 13 | (i-5) In addition to the fees imposed under subsection (i) | ||||||
| 14 | of this Section, in the case of an offender convicted of a | ||||||
| 15 | felony sex offense (as defined in the Sex Offender Management | ||||||
| 16 | Board Act) or an offense that the court or probation department | ||||||
| 17 | has determined to be sexually motivated (as defined in the Sex | ||||||
| 18 | Offender Management Board Act), the court or the probation | ||||||
| 19 | department shall assess additional fees to pay for all costs of | ||||||
| 20 | treatment, assessment, evaluation for risk and treatment, and | ||||||
| 21 | monitoring the offender, based on that offender's ability to | ||||||
| 22 | pay those costs either as they occur or under a payment plan. | ||||||
| 23 | (j) All fines and costs imposed under this Section for any | ||||||
| 24 | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
| 25 | Code, or a similar
provision of a local ordinance, and any | ||||||
| 26 | violation of the Child Passenger
Protection Act, or a similar | ||||||
| |||||||
| |||||||
| 1 | provision of a local ordinance, shall be
collected and | ||||||
| 2 | disbursed by the circuit clerk as provided under Section 27.5
| ||||||
| 3 | of the Clerks of Courts Act.
| ||||||
| 4 | (k) Any offender who is sentenced to probation or | ||||||
| 5 | conditional discharge for a felony sex offense as defined in | ||||||
| 6 | the Sex Offender Management Board Act or any offense that the | ||||||
| 7 | court or probation department has determined to be sexually | ||||||
| 8 | motivated as defined in the Sex Offender Management Board Act | ||||||
| 9 | shall be required to refrain from any contact, directly or | ||||||
| 10 | indirectly, with any persons specified by the court and shall | ||||||
| 11 | be available for all evaluations and treatment programs | ||||||
| 12 | required by the court or the probation department.
| ||||||
| 13 | (l) The court may order an offender who is sentenced to | ||||||
| 14 | probation or conditional
discharge for a violation of an order | ||||||
| 15 | of protection be placed under electronic surveillance as | ||||||
| 16 | provided in Section 5-8A-7 of this Code. | ||||||
| 17 | (Source: P.A. 96-262, eff. 1-1-10; 96-328, eff. 8-11-09; | ||||||
| 18 | 96-362, eff. 1-1-10; 96-695, eff. 8-25-09; 96-1000, eff. | ||||||
| 19 | 7-2-10; 96-1414, eff. 1-1-11; 96-1551, Article 2, Section 1065, | ||||||
| 20 | eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; | ||||||
| 21 | 97-454, eff. 1-1-12; 97-560, eff. 1-1-12; 97-597, eff. 1-1-12; | ||||||
| 22 | 97-1109, eff. 1-1-13; 97-1131, eff. 1-1-13; 97-1150, eff. | ||||||
| 23 | 1-25-13.)".
| ||||||