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Public Act 098-0575 Public Act 0575 98TH GENERAL ASSEMBLY |
Public Act 098-0575 | SB1843 Enrolled | LRB098 09873 RLC 40031 b |
|
| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 2. The Juvenile Court Act of 1987 is amended by | changing Section 5-715 as follows: | (705 ILCS 405/5-715)
| Sec. 5-715. Probation.
| (1) The period of probation or conditional discharge shall | not exceed 5
years or until the minor has attained the age of | 21 years, whichever is less,
except as provided in this Section | for a minor who is found to be guilty
for an offense which is | first degree murder, a Class X felony or a forcible
felony. The | juvenile court may terminate probation or
conditional | discharge and discharge the minor at any time if warranted by | the
conduct of the minor and the ends of justice; provided, | however, that the
period of probation for a minor who is found | to be guilty for an offense which
is first degree murder, a | Class X felony, or a forcible felony shall be at
least 5 years.
| (2) The court may as a condition of probation or of | conditional discharge
require that the minor:
| (a) not violate any criminal statute of any | jurisdiction;
| (b) make a report to and appear in person before any |
| person or agency as
directed by the court;
| (c) work or pursue a course of study or vocational | training;
| (d) undergo medical or psychiatric treatment, rendered | by a psychiatrist
or
psychological treatment rendered by a | clinical psychologist or social work
services rendered by a | clinical social worker, or treatment for drug addiction
or | alcoholism;
| (e) attend or reside in a facility established for the | instruction or
residence of persons on probation;
| (f) support his or her dependents, if any;
| (g) refrain from possessing a firearm or other | dangerous weapon, or an
automobile;
| (h) permit the probation officer to visit him or her at | his or her home or
elsewhere;
| (i) reside with his or her parents or in a foster home;
| (j) attend school;
| (j-5) with the consent of the superintendent
of the
| facility,
attend an educational program at a facility other | than the school
in which the
offense was committed if he
or | she committed a crime of violence as
defined in
Section 2 | of the Crime Victims Compensation Act in a school, on the
| real
property
comprising a school, or within 1,000 feet of | the real property comprising a
school;
| (k) attend a non-residential program for youth;
| (l) make restitution under the terms of subsection (4) |
| of Section 5-710;
| (m) contribute to his or her own support at home or in | a foster home;
| (n) perform some reasonable public or community | service;
| (o) participate with community corrections programs | including unified
delinquency intervention services | administered by the Department of Human
Services
subject to | Section 5 of the Children and Family Services Act;
| (p) pay costs;
| (q) serve a term of home confinement. In addition to | any other applicable
condition of probation or conditional | discharge, the conditions of home
confinement shall be that | the minor:
| (i) remain within the interior premises of the | place designated for his
or her confinement during the | hours designated by the court;
| (ii) admit any person or agent designated by the | court into the minor's
place of confinement at any time | for purposes of verifying the minor's
compliance with | the conditions of his or her confinement; and
| (iii) use an approved electronic monitoring device | if ordered by the
court subject to Article 8A of | Chapter V of the Unified Code of Corrections;
| (r) refrain from entering into a designated geographic | area except upon
terms as the court finds appropriate. The |
| terms may include consideration of
the purpose of the | entry, the time of day, other persons accompanying the
| minor, and advance approval by a probation officer, if the | minor has been
placed on probation, or advance approval by | the court, if the minor has been
placed on conditional | discharge;
| (s) refrain from having any contact, directly or | indirectly, with certain
specified persons or particular | types of persons, including but not limited to
members of | street gangs and drug users or dealers;
| (s-5) undergo a medical or other procedure to have a | tattoo symbolizing
allegiance to a street
gang removed from | his or her body;
| (t) refrain from having in his or her body the presence | of any illicit
drug
prohibited by the Cannabis Control Act, | the Illinois Controlled Substances
Act, or the | Methamphetamine Control and Community Protection Act, | unless prescribed
by a physician, and shall submit samples | of his or her blood or urine or both
for tests to determine | the presence of any illicit drug; or
| (u) comply with other conditions as may be ordered by | the court.
| (3) The court may as a condition of probation or of | conditional discharge
require that a minor found guilty on any | alcohol, cannabis, methamphetamine, or
controlled substance | violation, refrain from acquiring a driver's license
during the |
| period of probation or conditional discharge. If the minor is | in
possession of a permit or license, the court may require | that the minor refrain
from driving or operating any motor | vehicle during the period of probation or
conditional | discharge, except as may be necessary in the course of the | minor's
lawful
employment.
| (3.5) The court shall, as a condition of probation or of | conditional
discharge,
require that a minor found to be guilty | and placed on probation for reasons
that include a
violation of | Section 3.02 or Section 3.03 of the Humane Care for Animals Act | or
paragraph
(4) of subsection (a) of Section 21-1 of the
| Criminal Code of 2012 undergo medical or psychiatric treatment | rendered by a
psychiatrist or psychological treatment rendered | by a clinical psychologist.
The
condition may be in addition to | any other condition.
| (3.10) The court shall order that a minor placed on | probation or
conditional discharge for a sex offense as defined | in the Sex Offender
Management Board Act undergo and | successfully complete sex offender treatment.
The treatment | shall be in conformance with the standards developed under
the | Sex Offender Management Board Act and conducted by a treatment | provider
approved by the Board. The treatment shall be at the | expense of the person
evaluated based upon that person's | ability to pay for the treatment.
| (4) A minor on probation or conditional discharge shall be | given a
certificate setting forth the conditions upon which he |
| or she is being
released.
| (5) The court shall impose upon a minor placed on probation | or conditional
discharge, as a condition of the probation or | conditional discharge, a fee of
$50 for each month of probation | or conditional discharge supervision ordered by
the court, | unless after determining the inability of the minor placed on
| probation or conditional discharge to pay the fee, the court | assesses a lesser
amount. The court may not impose the fee on a | minor who is made a ward of the
State under this Act while the | minor is in placement. The fee shall be
imposed only upon a | minor who is actively supervised by the probation and court
| services department. The court may order the parent, guardian, | or legal
custodian of the minor to pay some or all of the fee on | the minor's behalf.
| (5.5) Jurisdiction over an offender may be transferred from | the
sentencing court to the court of another circuit with the | concurrence
of both courts. Further transfers or retransfers of | jurisdiction are
also authorized in the same manner. The court | to which jurisdiction has
been transferred shall have the same | powers as the sentencing court.
The probation department within | the circuit to which jurisdiction has
been transferred, or | which has agreed to provide supervision, may
impose probation | fees upon receiving the transferred offender, as
provided in | subsection (i) of Section 5-6-3 of the Unified Code of | Corrections. For all transfer cases, as defined in
Section 9b | of the Probation and Probation Officers Act, the probation
|
| department from the original sentencing court shall retain all
| probation fees collected prior to the transfer. After the | transfer, all
probation fees shall be paid to the probation | department within the
circuit to which jurisdiction has been | transferred. | If the transfer case originated in another state and has | been transferred under the Interstate Compact for Juveniles to | the jurisdiction of an Illinois circuit court for supervision | by an Illinois probation department, probation fees may be | imposed only if permitted by the Interstate Commission for | Juveniles. | (6) The General Assembly finds that in order to protect the | public, the
juvenile justice system must compel compliance with | the conditions of probation
by responding to violations with | swift, certain, and fair punishments and
intermediate | sanctions. The Chief Judge of each circuit shall adopt a system
| of structured, intermediate sanctions for violations of the | terms and
conditions of a sentence of supervision, probation or | conditional discharge,
under this
Act.
| The court shall provide as a condition of a disposition of | probation,
conditional discharge, or supervision, that the | probation agency may invoke any
sanction from the list of | intermediate sanctions adopted by the chief judge of
the | circuit court for violations of the terms and conditions of the | sentence of
probation, conditional discharge, or supervision, | subject to the provisions of
Section 5-720 of this Act.
|
| (Source: P.A. 96-1414, eff. 1-1-11; 97-1108, eff. 1-1-13; | 97-1150, eff. 1-25-13.)
| Section 3. The Unified Code of Corrections is amended by | changing Section 5-6-3 as follows: | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) | Sec. 5-6-3. Conditions of Probation and of Conditional | Discharge.
| (a) The conditions of probation and of conditional | discharge shall be
that the person:
| (1) not violate any criminal statute of any | jurisdiction;
| (2) report to or appear in person before such person or | agency as
directed by the court;
| (3) refrain from possessing a firearm or other | dangerous weapon where the offense is a felony or, if a | misdemeanor, the offense involved the intentional or | knowing infliction of bodily harm or threat of bodily harm;
| (4) not leave the State without the consent of the | court or, in
circumstances in which the reason for the | absence is of such an emergency
nature that prior consent | by the court is not possible, without the prior
| notification and approval of the person's probation
| officer. Transfer of a person's probation or conditional | discharge
supervision to another state is subject to |
| acceptance by the other state
pursuant to the Interstate | Compact for Adult Offender Supervision;
| (5) permit the probation officer to visit
him at his | home or elsewhere
to the extent necessary to discharge his | duties;
| (6) perform no less than 30 hours of community service | and not more than
120 hours of community service, if | community service is available in the
jurisdiction and is | funded and approved by the county board where the offense
| was committed, where the offense was related to or in | furtherance of the
criminal activities of an organized gang | and was motivated by the offender's
membership in or | allegiance to an organized gang. The community service | shall
include, but not be limited to, the cleanup and | repair of any damage caused by
a violation of Section | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | 2012 and similar damage
to property located within the | municipality or county in which the violation
occurred. | When possible and reasonable, the community service should | be
performed in the offender's neighborhood. For purposes | of this Section,
"organized gang" has the meaning ascribed | to it in Section 10 of the Illinois
Streetgang Terrorism | Omnibus Prevention Act;
| (7) if he or she is at least 17 years of age and has | been sentenced to
probation or conditional discharge for a | misdemeanor or felony in a county of
3,000,000 or more |
| inhabitants and has not been previously convicted of a
| misdemeanor or felony, may be required by the sentencing | court to attend
educational courses designed to prepare the | defendant for a high school diploma
and to work toward a | high school diploma or to work toward passing the high
| school level Test of General Educational Development (GED) | or to work toward
completing a vocational training program | approved by the court. The person on
probation or | conditional discharge must attend a public institution of
| education to obtain the educational or vocational training | required by this
clause (7). The court shall revoke the | probation or conditional discharge of a
person who wilfully | fails to comply with this clause (7). The person on
| probation or conditional discharge shall be required to pay | for the cost of the
educational courses or GED test, if a | fee is charged for those courses or
test. The court shall | resentence the offender whose probation or conditional
| discharge has been revoked as provided in Section 5-6-4. | This clause (7) does
not apply to a person who has a high | school diploma or has successfully passed
the GED test. | This clause (7) does not apply to a person who is | determined by
the court to be developmentally disabled or | otherwise mentally incapable of
completing the educational | or vocational program;
| (8) if convicted of possession of a substance | prohibited
by the Cannabis Control Act, the Illinois |
| Controlled Substances Act, or the Methamphetamine Control | and Community Protection Act
after a previous conviction or | disposition of supervision for possession of a
substance | prohibited by the Cannabis Control Act or Illinois | Controlled
Substances Act or after a sentence of probation | under Section 10 of the
Cannabis
Control Act, Section 410 | of the Illinois Controlled Substances Act, or Section 70 of | the Methamphetamine Control and Community Protection Act | and upon a
finding by the court that the person is | addicted, undergo treatment at a
substance abuse program | approved by the court;
| (8.5) if convicted of a felony sex offense as defined | in the Sex
Offender
Management Board Act, the person shall | undergo and successfully complete sex
offender treatment | by a treatment provider approved by the Board and conducted
| in conformance with the standards developed under the Sex
| Offender Management Board Act;
| (8.6) if convicted of a sex offense as defined in the | Sex Offender Management Board Act, refrain from residing at | the same address or in the same condominium unit or | apartment unit or in the same condominium complex or | apartment complex with another person he or she knows or | reasonably should know is a convicted sex offender or has | been placed on supervision for a sex offense; the | provisions of this paragraph do not apply to a person | convicted of a sex offense who is placed in a Department of |
| Corrections licensed transitional housing facility for sex | offenders; | (8.7) if convicted for an offense committed on or after | June 1, 2008 (the effective date of Public Act 95-464) that | would qualify the accused as a child sex offender as | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 1961 or the Criminal Code of 2012, refrain from | communicating with or contacting, by means of the Internet, | a person who is not related to the accused and whom the | accused reasonably believes to be under 18 years of age; | for purposes of this paragraph (8.7), "Internet" has the | meaning ascribed to it in Section 16-0.1 of the Criminal | Code of 2012; and a person is not related to the accused if | the person is not: (i) the spouse, brother, or sister of | the accused; (ii) a descendant of the accused; (iii) a | first or second cousin of the accused; or (iv) a step-child | or adopted child of the accused; | (8.8) if convicted for an offense under Section 11-6, | 11-9.1, 11-14.4 that involves soliciting for a juvenile | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | of the Criminal Code of 1961 or the Criminal Code of 2012, | or any attempt to commit any of these offenses, committed | on or after June 1, 2009 (the effective date of Public Act | 95-983): | (i) not access or use a computer or any other | device with Internet capability without the prior |
| written approval of the offender's probation officer, | except in connection with the offender's employment or | search for employment with the prior approval of the | offender's probation officer; | (ii) submit to periodic unannounced examinations | of the offender's computer or any other device with | Internet capability by the offender's probation | officer, a law enforcement officer, or assigned | computer or information technology specialist, | including the retrieval and copying of all data from | the computer or device and any internal or external | peripherals and removal of such information, | equipment, or device to conduct a more thorough | inspection; | (iii) submit to the installation on the offender's | computer or device with Internet capability, at the | offender's expense, of one or more hardware or software | systems to monitor the Internet use; and | (iv) submit to any other appropriate restrictions | concerning the offender's use of or access to a | computer or any other device with Internet capability | imposed by the offender's probation officer; | (8.9) if convicted of a sex offense as defined in the | Sex Offender
Registration Act committed on or after January | 1, 2010 (the effective date of Public Act 96-262), refrain | from accessing or using a social networking website as |
| defined in Section 17-0.5 of the Criminal Code of 2012;
| (9) if convicted of a felony or of any misdemeanor | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of | 2012 that was determined, pursuant to Section 112A-11.1 of | the Code of Criminal Procedure of 1963, to trigger the | prohibitions of 18 U.S.C. 922(g)(9), physically surrender | at a time and place
designated by the court, his or her | Firearm
Owner's Identification Card and
any and all | firearms in
his or her possession. The Court shall return | to the Department of State Police Firearm Owner's | Identification Card Office the person's Firearm Owner's | Identification Card;
| (10) if convicted of a sex offense as defined in | subsection (a-5) of Section 3-1-2 of this Code, unless the | offender is a parent or guardian of the person under 18 | years of age present in the home and no non-familial minors | are present, not participate in a holiday event involving | children under 18 years of age, such as distributing candy | or other items to children on Halloween, wearing a Santa | Claus costume on or preceding Christmas, being employed as | a department store Santa Claus, or wearing an Easter Bunny | costume on or preceding Easter; | (11) if convicted of a sex offense as defined in | Section 2 of the Sex Offender Registration Act committed on | or after January 1, 2010 (the effective date of Public Act |
| 96-362) that requires the person to register as a sex | offender under that Act, may not knowingly use any computer | scrub software on any computer that the sex offender uses; | and | (12) if convicted of a violation of the Methamphetamine | Control and Community Protection Act, the Methamphetamine
| Precursor Control Act, or a methamphetamine related | offense: | (A) prohibited from purchasing, possessing, or | having under his or her control any product containing | pseudoephedrine unless prescribed by a physician; and | (B) prohibited from purchasing, possessing, or | having under his or her control any product containing | ammonium nitrate. | (b) The Court may in addition to other reasonable | conditions relating to the
nature of the offense or the | rehabilitation of the defendant as determined for
each | defendant in the proper discretion of the Court require that | the person:
| (1) serve a term of periodic imprisonment under Article | 7 for a
period not to exceed that specified in paragraph | (d) of Section 5-7-1;
| (2) pay a fine and costs;
| (3) work or pursue a course of study or vocational | training;
| (4) undergo medical, psychological or psychiatric |
| treatment; or treatment
for drug addiction or alcoholism;
| (5) attend or reside in a facility established for the | instruction
or residence of defendants on probation;
| (6) support his dependents;
| (7) and in addition, if a minor:
| (i) reside with his parents or in a foster home;
| (ii) attend school;
| (iii) attend a non-residential program for youth;
| (iv) contribute to his own support at home or in a | foster home;
| (v) with the consent of the superintendent of the
| facility, attend an educational program at a facility | other than the school
in which the
offense was | committed if he
or she is convicted of a crime of | violence as
defined in
Section 2 of the Crime Victims | Compensation Act committed in a school, on the
real
| property
comprising a school, or within 1,000 feet of | the real property comprising a
school;
| (8) make restitution as provided in Section 5-5-6 of | this Code;
| (9) perform some reasonable public or community | service;
| (10) serve a term of home confinement. In addition to | any other
applicable condition of probation or conditional | discharge, the
conditions of home confinement shall be that | the offender:
|
| (i) remain within the interior premises of the | place designated for
his confinement during the hours | designated by the court;
| (ii) admit any person or agent designated by the | court into the
offender's place of confinement at any | time for purposes of verifying
the offender's | compliance with the conditions of his confinement; and
| (iii) if further deemed necessary by the court or | the
Probation or
Court Services Department, be placed | on an approved
electronic monitoring device, subject | to Article 8A of Chapter V;
| (iv) for persons convicted of any alcohol, | cannabis or controlled
substance violation who are | placed on an approved monitoring device as a
condition | of probation or conditional discharge, the court shall | impose a
reasonable fee for each day of the use of the | device, as established by the
county board in | subsection (g) of this Section, unless after | determining the
inability of the offender to pay the | fee, the court assesses a lesser fee or no
fee as the | case may be. This fee shall be imposed in addition to | the fees
imposed under subsections (g) and (i) of this | Section. The fee shall be
collected by the clerk of the | circuit court. The clerk of the circuit
court shall pay | all monies collected from this fee to the county | treasurer
for deposit in the substance abuse services |
| fund under Section 5-1086.1 of
the Counties Code; and
| (v) for persons convicted of offenses other than | those referenced in
clause (iv) above and who are | placed on an approved monitoring device as a
condition | of probation or conditional discharge, the court shall | impose
a reasonable fee for each day of the use of the | device, as established by the
county board in | subsection (g) of this Section, unless after | determining the
inability of the defendant to pay the | fee, the court assesses a lesser fee or
no fee as the | case may be. This fee shall be imposed in addition to | the fees
imposed under subsections (g) and (i) of this | Section. The fee
shall be collected by the clerk of the | circuit court. The clerk of the circuit
court shall pay | all monies collected from this fee
to the county | treasurer who shall use the monies collected to defray | the
costs of corrections. The county treasurer shall | deposit the fee
collected in the probation and court | services fund.
| (11) comply with the terms and conditions of an order | of protection issued
by the court pursuant to the Illinois | Domestic Violence Act of 1986,
as now or hereafter amended, | or an order of protection issued by the court of
another | state, tribe, or United States territory. A copy of the | order of
protection shall be
transmitted to the probation | officer or agency
having responsibility for the case;
|
| (12) reimburse any "local anti-crime program" as | defined in Section 7
of the Anti-Crime Advisory Council Act | for any reasonable expenses incurred
by the program on the | offender's case, not to exceed the maximum amount of
the | fine authorized for the offense for which the defendant was | sentenced;
| (13) contribute a reasonable sum of money, not to | exceed the maximum
amount of the fine authorized for the
| offense for which the defendant was sentenced, (i) to a | "local anti-crime
program", as defined in Section 7 of the | Anti-Crime Advisory Council Act, or (ii) for offenses under | the jurisdiction of the Department of Natural Resources, to | the fund established by the Department of Natural Resources | for the purchase of evidence for investigation purposes and | to conduct investigations as outlined in Section 805-105 of | the Department of Natural Resources (Conservation) Law;
| (14) refrain from entering into a designated | geographic area except upon
such terms as the court finds | appropriate. Such terms may include
consideration of the | purpose of the entry, the time of day, other persons
| accompanying the defendant, and advance approval by a
| probation officer, if
the defendant has been placed on | probation or advance approval by the
court, if the | defendant was placed on conditional discharge;
| (15) refrain from having any contact, directly or | indirectly, with
certain specified persons or particular |
| types of persons, including but not
limited to members of | street gangs and drug users or dealers;
| (16) refrain from having in his or her body the | presence of any illicit
drug prohibited by the Cannabis | Control Act, the Illinois Controlled
Substances Act, or the | Methamphetamine Control and Community Protection Act, | unless prescribed by a physician, and submit samples of
his | or her blood or urine or both for tests to determine the | presence of any
illicit drug;
| (17) if convicted for an offense committed on or after | June 1, 2008 (the effective date of Public Act 95-464) that | would qualify the accused as a child sex offender as | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 1961 or the Criminal Code of 2012, refrain from | communicating with or contacting, by means of the Internet, | a person who is related to the accused and whom the accused | reasonably believes to be under 18 years of age; for | purposes of this paragraph (17), "Internet" has the meaning | ascribed to it in Section 16-0.1 of the Criminal Code of | 2012; and a person is related to the accused if the person | is: (i) the spouse, brother, or sister of the accused; (ii) | a descendant of the accused; (iii) a first or second cousin | of the accused; or (iv) a step-child or adopted child of | the accused; | (18) if convicted for an offense committed on or after | June 1, 2009 (the effective date of Public Act 95-983) that |
| would qualify as a sex offense as defined in the Sex | Offender Registration Act: | (i) not access or use a computer or any other | device with Internet capability without the prior | written approval of the offender's probation officer, | except in connection with the offender's employment or | search for employment with the prior approval of the | offender's probation officer; | (ii) submit to periodic unannounced examinations | of the offender's computer or any other device with | Internet capability by the offender's probation | officer, a law enforcement officer, or assigned | computer or information technology specialist, | including the retrieval and copying of all data from | the computer or device and any internal or external | peripherals and removal of such information, | equipment, or device to conduct a more thorough | inspection; | (iii) submit to the installation on the offender's | computer or device with Internet capability, at the | subject's expense, of one or more hardware or software | systems to monitor the Internet use; and | (iv) submit to any other appropriate restrictions | concerning the offender's use of or access to a | computer or any other device with Internet capability | imposed by the offender's probation officer; and |
| (19) refrain from possessing a firearm or other | dangerous weapon where the offense is a misdemeanor that | did not involve the intentional or knowing infliction of | bodily harm or threat of bodily harm. | (c) The court may as a condition of probation or of | conditional
discharge require that a person under 18 years of | age found guilty of any
alcohol, cannabis or controlled | substance violation, refrain from acquiring
a driver's license | during
the period of probation or conditional discharge. If | such person
is in possession of a permit or license, the court | may require that
the minor refrain from driving or operating | any motor vehicle during the
period of probation or conditional | discharge, except as may be necessary in
the course of the | minor's lawful employment.
| (d) An offender sentenced to probation or to conditional | discharge
shall be given a certificate setting forth the | conditions thereof.
| (e) Except where the offender has committed a fourth or | subsequent
violation of subsection (c) of Section 6-303 of the | Illinois Vehicle Code,
the court shall not require as a | condition of the sentence of
probation or conditional discharge | that the offender be committed to a
period of imprisonment in | excess of 6 months.
This 6 month limit shall not include | periods of confinement given pursuant to
a sentence of county | impact incarceration under Section 5-8-1.2.
| Persons committed to imprisonment as a condition of |
| probation or
conditional discharge shall not be committed to | the Department of
Corrections.
| (f) The court may combine a sentence of periodic | imprisonment under
Article 7 or a sentence to a county impact | incarceration program under
Article 8 with a sentence of | probation or conditional discharge.
| (g) An offender sentenced to probation or to conditional | discharge and
who during the term of either undergoes mandatory | drug or alcohol testing,
or both, or is assigned to be placed | on an approved electronic monitoring
device, shall be ordered | to pay all costs incidental to such mandatory drug
or alcohol | testing, or both, and all costs
incidental to such approved | electronic monitoring in accordance with the
defendant's | ability to pay those costs. The county board with
the | concurrence of the Chief Judge of the judicial
circuit in which | the county is located shall establish reasonable fees for
the | cost of maintenance, testing, and incidental expenses related | to the
mandatory drug or alcohol testing, or both, and all | costs incidental to
approved electronic monitoring, involved | in a successful probation program
for the county. The | concurrence of the Chief Judge shall be in the form of
an | administrative order.
The fees shall be collected by the clerk | of the circuit court. The clerk of
the circuit court shall pay | all moneys collected from these fees to the county
treasurer | who shall use the moneys collected to defray the costs of
drug | testing, alcohol testing, and electronic monitoring.
The |
| county treasurer shall deposit the fees collected in the
county | working cash fund under Section 6-27001 or Section 6-29002 of | the
Counties Code, as the case may be.
| (h) Jurisdiction over an offender may be transferred from | the
sentencing court to the court of another circuit with the | concurrence of
both courts. Further transfers or retransfers of
| jurisdiction are also
authorized in the same manner. The court | to which jurisdiction has been
transferred shall have the same | powers as the sentencing court.
The probation department within | the circuit to which jurisdiction has been transferred , or | which has agreed to provide supervision, may impose probation | fees upon receiving the transferred offender, as provided in | subsection (i). For all transfer cases, as defined in Section | 9b of the Probation and Probation Officers Act, the The | probation department from the original sentencing court shall | retain all probation fees collected prior to the transfer . | After the transfer
all probation fees shall be paid to the | probation department within the
circuit to which jurisdiction | has been transferred .
| (i) The court shall impose upon an offender
sentenced to | probation after January 1, 1989 or to conditional discharge
| after January 1, 1992 or to community service under the | supervision of a
probation or court services department after | January 1, 2004, as a condition of such probation or | conditional
discharge or supervised community service, a fee of | $50
for each month of probation or
conditional
discharge |
| supervision or supervised community service ordered by the | court, unless after
determining the inability of the person | sentenced to probation or conditional
discharge or supervised | community service to pay the
fee, the court assesses a lesser | fee. The court may not impose the fee on a
minor who is made a | ward of the State under the Juvenile Court Act of 1987
while | the minor is in placement.
The fee shall be imposed only upon
| an offender who is actively supervised by the
probation and | court services
department. The fee shall be collected by the | clerk
of the circuit court. The clerk of the circuit court | shall pay all monies
collected from this fee to the county | treasurer for deposit in the
probation and court services fund | under Section 15.1 of the
Probation and Probation Officers Act.
| A circuit court may not impose a probation fee under this | subsection (i) in excess of $25
per month unless the circuit | court has adopted, by administrative
order issued by the chief | judge, a standard probation fee guide
determining an offender's | ability to pay Of the
amount collected as a probation fee, up | to $5 of that fee
collected per month may be used to provide | services to crime victims
and their families. | The Court may only waive probation fees based on an | offender's ability to pay. The probation department may | re-evaluate an offender's ability to pay every 6 months, and, | with the approval of the Director of Court Services or the | Chief Probation Officer, adjust the monthly fee amount. An | offender may elect to pay probation fees due in a lump sum.
Any |
| offender that has been assigned to the supervision of a | probation department, or has been transferred either under | subsection (h) of this Section or under any interstate compact, | shall be required to pay probation fees to the department | supervising the offender, based on the offender's ability to | pay.
| This amendatory Act of the 93rd General Assembly deletes | the $10 increase in the fee under this subsection that was | imposed by Public Act 93-616. This deletion is intended to | control over any other Act of the 93rd General Assembly that | retains or incorporates that fee increase. | (i-5) In addition to the fees imposed under subsection (i) | of this Section, in the case of an offender convicted of a | felony sex offense (as defined in the Sex Offender Management | Board Act) or an offense that the court or probation department | has determined to be sexually motivated (as defined in the Sex | Offender Management Board Act), the court or the probation | department shall assess additional fees to pay for all costs of | treatment, assessment, evaluation for risk and treatment, and | monitoring the offender, based on that offender's ability to | pay those costs either as they occur or under a payment plan. | (j) All fines and costs imposed under this Section for any | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | Code, or a similar
provision of a local ordinance, and any | violation of the Child Passenger
Protection Act, or a similar | provision of a local ordinance, shall be
collected and |
| disbursed by the circuit clerk as provided under Section 27.5
| of the Clerks of Courts Act.
| (k) Any offender who is sentenced to probation or | conditional discharge for a felony sex offense as defined in | the Sex Offender Management Board Act or any offense that the | court or probation department has determined to be sexually | motivated as defined in the Sex Offender Management Board Act | shall be required to refrain from any contact, directly or | indirectly, with any persons specified by the court and shall | be available for all evaluations and treatment programs | required by the court or the probation department.
| (l) The court may order an offender who is sentenced to | probation or conditional
discharge for a violation of an order | of protection be placed under electronic surveillance as | provided in Section 5-8A-7 of this Code. | (Source: P.A. 96-262, eff. 1-1-10; 96-328, eff. 8-11-09; | 96-362, eff. 1-1-10; 96-695, eff. 8-25-09; 96-1000, eff. | 7-2-10; 96-1414, eff. 1-1-11; 96-1551, Article 2, Section 1065, | eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; | 97-454, eff. 1-1-12; 97-560, eff. 1-1-12; 97-597, eff. 1-1-12; | 97-1109, eff. 1-1-13; 97-1131, eff. 1-1-13; 97-1150, eff. | 1-25-13.) | Section 5. The Probation and Probation Officers Act is | amended by changing Section 9b as follows:
|
| (730 ILCS 110/9b) (from Ch. 38, par. 204-1b)
| Sec. 9b.
For the purposes of this Act, the words and | phrases
described in this Section have the meanings designated | in this Section,
except when a particular context clearly | requires a different meaning.
| (1) "Division" means the Division of Probation
Services of | the
Supreme Court.
| (2) "Department" means a probation or court
services | department that
provides probation or court services and such
| other related services
assigned to it by the circuit court or | by law.
| (3) "Probation Officer" means a person
employed full time | in a probation
or court services department providing services | to a court under this Act
or the Juvenile Court Act of 1987. A | probation
officer includes detention
staff, non-secure group | home staff and management personnel who meet
minimum standards | established by the Supreme
Court and who are hired under the | direction of the circuit court. These
probation officers are | judicial employees
designated on a circuit wide or
county basis | and compensated by the appropriate county board or boards.
| (4) "Basic Services" means the number of personnel | determined by the
Division as necessary to comply with adult, | juvenile, and
detention services workload standards
and to | operate authorized programs of intermediate sanctions, | intensive
probation
supervision,
public or community service, | intake services, secure detention services,
non-secure group |
| home services and home confinement.
| (5) "New or Expanded Services" means personnel necessary to | operate
pretrial programs, victim and restitution programs, | psychological services,
drunk driving programs, specialized | caseloads, community resource
coordination programs, and other | programs designed to generally improve the
quality of probation | and court services.
| (6) "Individualized Services and Programs" means | individualized services
provided through purchase of service | agreements with individuals,
specialists, and local public or | private agencies providing non-residential
services for the | rehabilitation of adult and juvenile offenders as an
| alternative to local or state incarceration.
| (7) "Jurisdiction" means the geographical area of | authority of a
probation department as designated by the chief | judge of
each circuit court under Section 15 of this Act.
| (8) "Transfer case" means any case where an adult or | juvenile offender seeks to have supervision transferred from | one county to another or from another state to a county in | Illinois, and the transfer is approved by a judicial officer, a | department, or through an interstate compact. | (Source: P.A. 89-198, eff. 7-21-95.)
|
Effective Date: 1/1/2014
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