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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0590
Introduced 2/6/2009, by Rep. Brandon W. Phelps SYNOPSIS AS INTRODUCED:
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730 ILCS 5/3-3-7 |
from Ch. 38, par. 1003-3-7 |
730 ILCS 5/5-6-3 |
from Ch. 38, par. 1005-6-3 |
730 ILCS 5/5-6-3.1 |
from Ch. 38, par. 1005-6-3.1 |
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Amends the Unified Code of Corrections. Provides that the provisions of Public Act 95-983 that a person serving a mandatory supervised release term, probation, or supervision for an offense that would qualify the offender as a sex offender under the Sex Offender Registration Act committed on or after the effective date of that amendatory Act, may be required: (1) not access or use a computer or any other device with Internet capability without the prior written approval of specified officials; (2) submit to periodic unannounced examinations of the offender's computer or any other device with Internet capability by certain specified officials; (3) 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 (4) submit to any other appropriate restrictions concerning the offender's use of or access to a computer or any other device with Internet capability is mandatory where the trier of fact at the offender's trial made a finding that a computer or any other device with Internet capability was used to facilitate the commission of the offense (rather than mandatory for certain sex offenses). Effective June 1, 2009.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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HB0590 |
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LRB096 08030 RLC 18135 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Unified Code of Corrections is amended by |
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| changing Sections 3-3-7, 5-6-3, and 5-6-3.1 as follows:
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| (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) |
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| (Text of Section after amendment by P.A. 95-983 ) |
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| Sec. 3-3-7. Conditions of Parole or Mandatory Supervised |
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| Release.
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| (a) The conditions of parole or mandatory
supervised |
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| release shall be such as the Prisoner Review
Board deems |
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| necessary to assist the subject in leading a
law-abiding life. |
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| The conditions of every parole and mandatory
supervised release |
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| are that the subject:
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| (1) not violate any criminal statute of any |
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| jurisdiction
during the parole or release term;
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| (2) refrain from possessing a firearm or other |
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| dangerous
weapon;
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| (3) report to an agent of the Department of |
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| Corrections;
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| (4) permit the agent to visit him or her at his or her |
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| home, employment,
or
elsewhere to the
extent necessary for |
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| the agent to discharge his or her duties;
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HB0590 |
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LRB096 08030 RLC 18135 b |
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| (5) attend or reside in a facility established for the |
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| instruction or
residence
of persons on
parole or mandatory |
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| supervised release;
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| (6) secure permission before visiting or writing a |
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| committed person in an
Illinois Department
of Corrections |
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| facility;
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| (7) report all arrests to an agent of the Department of |
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| Corrections as
soon as
permitted by the
arresting authority |
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| but in no event later than 24 hours after release from
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| custody;
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| (7.5) if convicted of a sex offense as defined in the |
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| Sex Offender
Management Board Act, the individual shall |
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| undergo and successfully complete
sex offender treatment |
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| conducted in conformance with the standards developed by
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| the Sex
Offender Management Board Act by a treatment |
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| provider approved by the Board;
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| (7.6) if convicted of a sex offense as defined in the |
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| Sex Offender
Management Board Act, refrain from residing at |
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| the same address or in the same condominium unit or |
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| apartment unit or in the same condominium complex or |
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| apartment complex with another person he or she knows or |
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| reasonably should know is a convicted sex offender or has |
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| been placed on supervision for a sex offense; the |
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| provisions of this paragraph do not apply to a person |
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| convicted of a sex offense who is placed in a Department of |
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| Corrections licensed transitional housing facility for sex |
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LRB096 08030 RLC 18135 b |
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| offenders, or is in any facility operated or licensed by |
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| the Department of Children and Family Services or by the |
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| Department of Human Services, or is in any licensed medical |
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| facility;
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| (7.7) if convicted for an offense that would qualify |
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| the accused as a sexual predator under the Sex Offender |
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| Registration Act on or after the effective date of this |
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| amendatory Act of the 94th General Assembly, wear an |
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| approved electronic monitoring device as defined in |
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| Section 5-8A-2 for the duration of the person's parole, |
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| mandatory supervised release term, or extended mandatory |
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| supervised release term;
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| (7.8) if convicted for an offense committed on or after |
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| the effective date of this amendatory Act of the 95th |
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| General Assembly that would qualify the accused as a child |
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| sex offender as defined in Section 11-9.3 or 11-9.4 of the |
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| Criminal Code of 1961, refrain from communicating with or |
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| contacting, by means of the Internet, a person who is not |
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| related to the accused and whom the accused reasonably |
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| believes to be under 18 years of age; for purposes of this |
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| paragraph (7.8), "Internet" has the meaning ascribed to it |
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| in Section 16J-5 of the Criminal Code of 1961; and a person |
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| is not related to the accused if the person is not: (i) the |
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| spouse, brother, or sister of the accused; (ii) a |
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| descendant of the accused; (iii) a first or second cousin |
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| of the accused; or (iv) a step-child or adopted child of |
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LRB096 08030 RLC 18135 b |
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| the accused;
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| (7.9)
if convicted under Section 11-6, 11-20.1, |
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| 11-20.3, or 11-21 of the Criminal Code of 1961, consent to |
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| search of computers, PDAs, cellular phones, and other |
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| devices under his or her control that are capable of |
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| accessing the Internet or storing electronic files, in |
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| order to confirm Internet protocol addresses reported in |
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| accordance with the Sex Offender Registration Act and |
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| compliance with conditions in this Act;
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| (7.10)
if convicted for an offense that would qualify |
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| the accused as a sex offender or sexual predator under the |
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| Sex Offender Registration Act on or after the effective |
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| date of this amendatory Act of the 95th General Assembly, |
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| not possess prescription drugs for erectile dysfunction;
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| (7.11) if convicted for an offense that would qualify |
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| the subject as a sex offender or sexual predator under the |
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| Sex Offender Registration Act under Section 11-6, 11-9.1, |
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| 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal Code of |
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| 1961, or any attempt to commit any of these offenses , |
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| committed on or after June 1, 2009 ( the effective date of |
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| Public Act 95-983) where the trier of fact at the subject's |
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| trial made a finding that a computer or any other device |
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| with Internet capability was used to facilitate the |
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| commission of the offense
this amendatory Act of the 95th |
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| General Assembly : |
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| (i) not access or use a computer or any other |
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LRB096 08030 RLC 18135 b |
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| device with Internet capability without the prior |
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| written approval of the Board; except the subject may |
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| use a computer or any other device with Internet |
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| capability in connection with that subject's |
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| employment or search for employment with the prior |
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| approval of the person's supervising officer |
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| Department ; |
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| (ii) submit to periodic unannounced examinations |
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| of the offender's computer or any other device with |
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| Internet capability by the offender's supervising |
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| agent, a law enforcement officer, or assigned computer |
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| or information technology specialist, including the |
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| retrieval and copying of all data from the computer or |
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| device and any internal or external peripherals and |
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| removal of such information, equipment, or device to |
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| conduct a more thorough inspection; |
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| (iii) submit to the installation on the offender's |
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| computer or device with Internet capability, at the |
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| offender's expense, of one or more hardware or software |
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| systems to monitor the Internet use; and |
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| (iv) submit to any other appropriate restrictions |
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| concerning the offender's use of or access to a |
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| computer or any other device with Internet capability |
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| imposed by the Board , the Department or the offender's |
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| supervising agent ; |
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| For purposes of this paragraph (7.11): |
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LRB096 08030 RLC 18135 b |
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| "Computer" has the meaning ascribed to it in |
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| Section 16J-5 of the Criminal Code of 1961. |
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| "Internet" means the global information system |
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| that is
logically linked together by a globally unique |
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| address space based on
the Internet Protocol (IP), or |
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| its subsequent extensions, and that
is able to support |
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| communications using the Transmission Control
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| Protocol/Internet Protocol (TCP/IP) suite, or its |
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| subsequent
extensions, or other IP-compatible |
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| protocols, and that provides,
uses, or makes |
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| accessible, either publicly or privately, high level
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| services layered on the communications and related |
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| infrastructure; |
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| (8) obtain permission of an agent of the Department of |
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| Corrections before
leaving the
State of Illinois;
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| (9) obtain permission of an agent of the Department of |
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| Corrections before
changing
his or her residence or |
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| employment;
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| (10) consent to a search of his or her person, |
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| property, or residence
under his or her
control;
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| (11) refrain from the use or possession of narcotics or |
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| other controlled
substances in
any form, or both, or any |
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| paraphernalia related to those substances and submit
to a
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| urinalysis test as instructed by a parole agent of the |
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| Department of
Corrections;
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| (12) not frequent places where controlled substances |
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LRB096 08030 RLC 18135 b |
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| are illegally sold,
used,
distributed, or administered;
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| (13) not knowingly associate with other persons on |
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| parole or mandatory
supervised
release without prior |
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| written permission of his or her parole agent and not
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| associate with
persons who are members of an organized gang |
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| as that term is defined in the
Illinois
Streetgang |
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| Terrorism Omnibus Prevention Act;
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| (14) provide true and accurate information, as it |
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| relates to his or her
adjustment in the
community while on |
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| parole or mandatory supervised release or to his or her
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| conduct
while incarcerated, in response to inquiries by his |
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| or her parole agent or of
the
Department of Corrections;
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| (15) follow any specific instructions provided by the |
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| parole agent that
are consistent
with furthering |
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| conditions set and approved by the Prisoner Review Board or |
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| by
law,
exclusive of placement on electronic detention, to |
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| achieve the goals and
objectives of his
or her parole or |
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| mandatory supervised release or to protect the public. |
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| These
instructions by the parole agent may be modified at |
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| any time, as the agent
deems
appropriate;
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| (16) if convicted of a sex offense as defined in |
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| subsection (a-5) of Section 3-1-2 of this Code, unless the |
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| offender is a parent or guardian of the person under 18 |
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| years of age present in the home and no non-familial minors |
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| are present, not participate in a holiday event involving |
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| children under 18 years of age, such as distributing candy |
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LRB096 08030 RLC 18135 b |
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| or other items to children on Halloween, wearing a Santa |
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| Claus costume on or preceding Christmas, being employed as |
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| a department store Santa Claus, or wearing an Easter Bunny |
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| costume on or preceding Easter; and |
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| (17) if convicted of a violation of an order of |
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| protection under Section 12-30 of the Criminal Code of |
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| 1961, be placed under electronic surveillance as provided |
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| in Section 5-8A-7 of this Code. |
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| (b) The Board may in addition to other conditions
require |
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| that the subject:
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| (1) work or pursue a course of study or vocational |
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| training;
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| (2) undergo medical or psychiatric treatment, or |
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| treatment
for drug addiction or alcoholism;
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| (3) attend or reside in a facility established for the
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| instruction or residence of persons on probation or parole;
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| (4) support his dependents;
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| (5) (blank);
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| (6) (blank);
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| (7) comply with the terms and conditions of an order of |
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| protection
issued pursuant to the Illinois Domestic |
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| Violence Act of 1986, enacted by the
84th General Assembly, |
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| or an order of protection issued by the court of another
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| state, tribe, or United States territory;
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| (7.5) if convicted for an offense committed on or after |
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| the effective date of this amendatory Act of the 95th |
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HB0590 |
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LRB096 08030 RLC 18135 b |
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| General Assembly that would qualify the accused as a child |
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| sex offender as defined in Section 11-9.3 or 11-9.4 of the |
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| Criminal Code of 1961, refrain from communicating with or |
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| contacting, by means of the Internet, a person who is |
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| related to the accused and whom the accused reasonably |
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| believes to be under 18 years of age; for purposes of this |
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| paragraph (7.5), "Internet" has the meaning ascribed to it |
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| in Section 16J-5 of the Criminal Code of 1961; and a person |
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| is related to the accused if the person is: (i) the spouse, |
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| brother, or sister of the accused; (ii) a descendant of the |
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| accused; (iii) a first or second cousin of the accused; or |
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| (iv) a step-child or adopted child of the accused; |
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| (7.6) (blank) if convicted for an offense committed on |
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| or after the effective date of
this amendatory Act of the |
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| 95th General Assembly that would qualify as a sex offense |
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| as defined in the Sex Offender Registration Act: |
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| (i) not access or use a computer or any other |
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| device with Internet capability without the prior |
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| written approval of the Department; |
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| (ii) submit to periodic unannounced examinations |
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| of the offender's computer or any other device with |
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| Internet capability by the offender's supervising |
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| agent, a law enforcement officer, or assigned computer |
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| or information technology specialist, including the |
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| retrieval and copying of all data from the computer or |
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| device and any internal or external peripherals and |
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LRB096 08030 RLC 18135 b |
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| removal of such information, equipment, or device to |
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| conduct a more thorough inspection; |
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| (iii) submit to the installation on the offender's |
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| computer or device with Internet capability, at the |
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| offender's expense, of one or more hardware or software |
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| systems to monitor the Internet use; and |
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| (iv) submit to any other appropriate restrictions |
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| concerning the offender's use of or access to a |
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| computer or any other device with Internet capability |
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| imposed by the Board, the Department or the offender's |
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| supervising agent ; and
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| (8) in addition, if a minor:
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| (i) reside with his parents or in a foster home;
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| (ii) attend school;
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| (iii) attend a non-residential program for youth; |
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| or
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| (iv) contribute to his own support at home or in a |
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| foster
home.
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| (b-1) In addition to the conditions set forth in |
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| subsections (a) and (b), persons required to register as sex |
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| offenders pursuant to the Sex Offender Registration Act, upon |
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| release from the custody of the Illinois Department of |
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| Corrections, may be required by the Board to comply with the |
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| following specific conditions of release: |
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| (1) reside only at a Department approved location; |
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| (2) comply with all requirements of the Sex Offender |
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LRB096 08030 RLC 18135 b |
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| Registration Act;
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| (3) notify
third parties of the risks that may be |
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| occasioned by his or her criminal record; |
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| (4) obtain the approval of an agent of the Department |
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| of Corrections prior to accepting employment or pursuing a |
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| course of study or vocational training and notify the |
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| Department prior to any change in employment, study, or |
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| training; |
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| (5) not be employed or participate in any
volunteer |
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| activity that involves contact with children, except under |
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| circumstances approved in advance and in writing by an |
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| agent of the Department of Corrections; |
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| (6) be electronically monitored for a minimum of 12 |
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| months from the date of release as determined by the Board;
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| (7) refrain from entering into a designated
geographic |
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| area except upon terms approved in advance by an agent of |
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| the Department of Corrections. The terms may include |
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| consideration of the purpose of the entry, the time of day, |
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| and others accompanying the person; |
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| (8) refrain from having any contact, including
written |
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| or oral communications, directly or indirectly, personally |
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| or by telephone, letter, or through a third party with |
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| certain specified persons including, but not limited to, |
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| the victim or the victim's family without the prior written |
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| approval of an agent of the Department of Corrections; |
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| (9) refrain from all contact, directly or
indirectly, |
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LRB096 08030 RLC 18135 b |
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| personally, by telephone, letter, or through a third party, |
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| with minor children without prior identification and |
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| approval of an agent of the Department of Corrections; |
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| (10) neither possess or have under his or her
control |
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| any material that is sexually oriented, sexually |
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| stimulating, or that shows male or female sex organs or any |
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| pictures depicting children under 18 years of age nude or |
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| any written or audio material describing sexual |
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| intercourse or that depicts or alludes to sexual activity, |
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| including but not limited to visual, auditory, telephonic, |
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| or electronic media, or any matter obtained through access |
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| to any computer or material linked to computer access use; |
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| (11) not patronize any business providing
sexually |
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| stimulating or sexually oriented entertainment nor utilize |
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| "900" or adult telephone numbers; |
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| (12) not reside near, visit, or be in or about
parks, |
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| schools, day care centers, swimming pools, beaches, |
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| theaters, or any other places where minor children |
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| congregate without advance approval of an agent of the |
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| Department of Corrections and immediately report any |
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| incidental contact with minor children to the Department; |
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| (13) not possess or have under his or her control
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| certain specified items of contraband related to the |
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| incidence of sexually offending as determined by an agent |
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| of the Department of Corrections; |
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| (14) may be required to provide a written daily log of |
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LRB096 08030 RLC 18135 b |
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| activities
if directed by an agent of the Department of |
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| Corrections; |
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| (15) comply with all other special conditions
that the |
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| Department may impose that restrict the person from |
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| high-risk situations and limit access to potential |
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| victims; |
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| (16) take an annual polygraph exam; |
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| (17) maintain a log of his or her travel; or |
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| (18) obtain prior approval of his or her parole officer |
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| before driving alone in a motor vehicle.
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| (c) The conditions under which the parole or mandatory
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| supervised release is to be served shall be communicated to
the |
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| person in writing prior to his release, and he shall
sign the |
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| same before release. A signed copy of these conditions,
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| including a copy of an order of protection where one had been |
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| issued by the
criminal court, shall be retained by the person |
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| and another copy forwarded to
the officer in charge of his |
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| supervision.
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| (d) After a hearing under Section 3-3-9, the Prisoner
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| Review Board may modify or enlarge the conditions of parole
or |
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| mandatory supervised release.
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| (e) The Department shall inform all offenders committed to
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| the Department of the optional services available to them
upon |
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| release and shall assist inmates in availing themselves
of such |
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| optional services upon their release on a voluntary
basis. |
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| (f) When the subject is in compliance with all conditions |
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HB0590 |
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LRB096 08030 RLC 18135 b |
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| of his or her parole or mandatory supervised release, the |
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| subject shall receive a reduction of the period of his or her |
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| parole or mandatory supervised release of 90 days upon passage |
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| of the high school level Test of General Educational |
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| Development during the period of his or her parole or mandatory |
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| supervised release. This reduction in the period of a subject's |
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| term of parole or mandatory supervised release shall be |
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| available only to subjects who have not previously earned a |
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| high school diploma or who have not previously passed the high |
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| school level Test of General Educational Development.
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| (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; |
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| 94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; |
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| 95-579, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; |
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| 95-876, eff. 8-21-08; 95-983, eff. 6-1-09; revised 10-20-08.)
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| (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) |
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| (Text of Section after amendment by P.A. 95-983 ) |
17 |
| Sec. 5-6-3. Conditions of Probation and of Conditional |
18 |
| Discharge.
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| (a) The conditions of probation and of conditional |
20 |
| discharge shall be
that the person:
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| (1) not violate any criminal statute of any |
22 |
| jurisdiction;
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| (2) report to or appear in person before such person or |
24 |
| agency as
directed by the court;
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| (3) refrain from possessing a firearm or other |
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HB0590 |
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LRB096 08030 RLC 18135 b |
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| dangerous weapon;
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| (4) not leave the State without the consent of the |
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| court or, in
circumstances in which the reason for the |
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| absence is of such an emergency
nature that prior consent |
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| by the court is not possible, without the prior
|
6 |
| notification and approval of the person's probation
|
7 |
| officer. Transfer of a person's probation or conditional |
8 |
| discharge
supervision to another state is subject to |
9 |
| acceptance by the other state
pursuant to the Interstate |
10 |
| Compact for Adult Offender Supervision;
|
11 |
| (5) permit the probation officer to visit
him at his |
12 |
| home or elsewhere
to the extent necessary to discharge his |
13 |
| duties;
|
14 |
| (6) perform no less than 30 hours of community service |
15 |
| and not more than
120 hours of community service, if |
16 |
| community service is available in the
jurisdiction and is |
17 |
| funded and approved by the county board where the offense
|
18 |
| was committed, where the offense was related to or in |
19 |
| furtherance of the
criminal activities of an organized gang |
20 |
| and was motivated by the offender's
membership in or |
21 |
| allegiance to an organized gang. The community service |
22 |
| shall
include, but not be limited to, the cleanup and |
23 |
| repair of any damage caused by
a violation of Section |
24 |
| 21-1.3 of the Criminal Code of 1961 and similar damage
to |
25 |
| property located within the municipality or county in which |
26 |
| the violation
occurred. When possible and reasonable, the |
|
|
|
HB0590 |
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LRB096 08030 RLC 18135 b |
|
|
1 |
| community service should be
performed in the offender's |
2 |
| neighborhood. For purposes of this Section,
"organized |
3 |
| gang" has the meaning ascribed to it in Section 10 of the |
4 |
| Illinois
Streetgang Terrorism Omnibus Prevention Act;
|
5 |
| (7) if he or she is at least 17 years of age and has |
6 |
| been sentenced to
probation or conditional discharge for a |
7 |
| misdemeanor or felony in a county of
3,000,000 or more |
8 |
| inhabitants and has not been previously convicted of a
|
9 |
| misdemeanor or felony, may be required by the sentencing |
10 |
| court to attend
educational courses designed to prepare the |
11 |
| defendant for a high school diploma
and to work toward a |
12 |
| high school diploma or to work toward passing the high
|
13 |
| school level Test of General Educational Development (GED) |
14 |
| or to work toward
completing a vocational training program |
15 |
| approved by the court. The person on
probation or |
16 |
| conditional discharge must attend a public institution of
|
17 |
| education to obtain the educational or vocational training |
18 |
| required by this
clause (7). The court shall revoke the |
19 |
| probation or conditional discharge of a
person who wilfully |
20 |
| fails to comply with this clause (7). The person on
|
21 |
| probation or conditional discharge shall be required to pay |
22 |
| for the cost of the
educational courses or GED test, if a |
23 |
| fee is charged for those courses or
test. The court shall |
24 |
| resentence the offender whose probation or conditional
|
25 |
| discharge has been revoked as provided in Section 5-6-4. |
26 |
| This clause (7) does
not apply to a person who has a high |
|
|
|
HB0590 |
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LRB096 08030 RLC 18135 b |
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|
1 |
| school diploma or has successfully passed
the GED test. |
2 |
| This clause (7) does not apply to a person who is |
3 |
| determined by
the court to be developmentally disabled or |
4 |
| otherwise mentally incapable of
completing the educational |
5 |
| or 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 |
|
|
|
HB0590 |
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LRB096 08030 RLC 18135 b |
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|
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)
this |
12 |
| amendatory Act of the 95th General Assembly that would |
13 |
| qualify the accused as a child sex offender as defined in |
14 |
| Section 11-9.3 or 11-9.4 of the Criminal Code of 1961, |
15 |
| refrain from communicating with or contacting, by means of |
16 |
| the Internet, a person who is not related to the accused |
17 |
| and whom the accused reasonably believes to be under 18 |
18 |
| years of age; for purposes of this paragraph (8.7), |
19 |
| "Internet" has the meaning ascribed to it in Section 16J-5 |
20 |
| of the Criminal Code of 1961; and a person is not related |
21 |
| to the accused if the person is not: (i) the spouse, |
22 |
| brother, or sister of the accused; (ii) a descendant of the |
23 |
| accused; (iii) a first or second cousin of the accused; or |
24 |
| (iv) a step-child or adopted child of the accused; |
25 |
| (8.8) if convicted for an offense that would qualify |
26 |
| the person as a sex offender or sexual predator under the |
|
|
|
HB0590 |
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LRB096 08030 RLC 18135 b |
|
|
1 |
| Sex Offender Registration Act under Section 11-6, 11-9.1, |
2 |
| 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal Code of |
3 |
| 1961, or any attempt to commit any of these offenses , |
4 |
| committed on or after June 1, 2009 ( the effective date of |
5 |
| Public Act 95-983), where the trier of fact at the person's |
6 |
| trial made a finding that a computer or any other device |
7 |
| with Internet capability was used to facilitate the |
8 |
| commission of the offense:
this amendatory Act of the 95th |
9 |
| General Assembly : |
10 |
| (i) not access or use a computer or any other |
11 |
| device with Internet capability without the prior |
12 |
| written approval of the offender's probation officer, |
13 |
| except in connection with the offender's employment or |
14 |
| search for employment with the prior approval of the |
15 |
| offender's probation officer; except the person may |
16 |
| use a computer or any other device with Internet |
17 |
| capability in connection with that person's employment |
18 |
| or search for employment with the prior approval of the |
19 |
| person's probation officer; |
20 |
| (ii) submit to periodic unannounced examinations |
21 |
| of the offender's computer or any other device with |
22 |
| Internet capability by the offender's probation |
23 |
| officer, a law enforcement officer, or assigned |
24 |
| computer or information technology specialist, |
25 |
| including the retrieval and copying of all data from |
26 |
| the computer or device and any internal or external |
|
|
|
HB0590 |
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LRB096 08030 RLC 18135 b |
|
|
1 |
| peripherals and removal of such information, |
2 |
| equipment, or device to conduct a more thorough |
3 |
| inspection; |
4 |
| (iii) submit to the installation on the offender's |
5 |
| computer or device with Internet capability, at the |
6 |
| offender's expense, of one or more hardware or software |
7 |
| systems to monitor the Internet use; and |
8 |
| (iv) submit to any other appropriate restrictions |
9 |
| concerning the offender's use of or access to a |
10 |
| computer or any other device with Internet capability |
11 |
| imposed by the offender's probation officer; |
12 |
| For purposes of this paragraph (8.8): |
13 |
| "Computer" has the meaning ascribed to it in |
14 |
| Section 16J-5 of the Criminal Code of 1961. |
15 |
| "Internet" means the global information system |
16 |
| that is
logically linked together by a globally unique |
17 |
| address space based on
the Internet Protocol (IP), or |
18 |
| its subsequent extensions, and that
is able to support |
19 |
| communications using the Transmission Control
|
20 |
| Protocol/Internet Protocol (TCP/IP) suite, or its |
21 |
| subsequent
extensions, or other IP-compatible |
22 |
| protocols, and that provides,
uses, or makes |
23 |
| accessible, either publicly or privately, high level
|
24 |
| services layered on the communications and related |
25 |
| infrastructure; |
26 |
| (9) if convicted of a felony, physically surrender at a |
|
|
|
HB0590 |
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LRB096 08030 RLC 18135 b |
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|
1 |
| time and place
designated by the court, his or her Firearm
|
2 |
| Owner's Identification Card and
any and all firearms in
his |
3 |
| or her possession; and
|
4 |
| (10) if convicted of a sex offense as defined in |
5 |
| subsection (a-5) of Section 3-1-2 of this Code, unless the |
6 |
| offender is a parent or guardian of the person under 18 |
7 |
| years of age present in the home and no non-familial minors |
8 |
| are present, not participate in a holiday event involving |
9 |
| children under 18 years of age, such as distributing candy |
10 |
| or other items to children on Halloween, wearing a Santa |
11 |
| Claus costume on or preceding Christmas, being employed as |
12 |
| a department store Santa Claus, or wearing an Easter Bunny |
13 |
| costume on or preceding Easter. |
14 |
| (b) The Court may in addition to other reasonable |
15 |
| conditions relating to the
nature of the offense or the |
16 |
| rehabilitation of the defendant as determined for
each |
17 |
| defendant in the proper discretion of the Court require that |
18 |
| the person:
|
19 |
| (1) serve a term of periodic imprisonment under Article |
20 |
| 7 for a
period not to exceed that specified in paragraph |
21 |
| (d) of Section 5-7-1;
|
22 |
| (2) pay a fine and costs;
|
23 |
| (3) work or pursue a course of study or vocational |
24 |
| training;
|
25 |
| (4) undergo medical, psychological or psychiatric |
26 |
| treatment; or treatment
for drug addiction or alcoholism;
|
|
|
|
HB0590 |
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LRB096 08030 RLC 18135 b |
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|
1 |
| (5) attend or reside in a facility established for the |
2 |
| instruction
or residence of defendants on probation;
|
3 |
| (6) support his dependents;
|
4 |
| (7) and in addition, if a minor:
|
5 |
| (i) reside with his parents or in a foster home;
|
6 |
| (ii) attend school;
|
7 |
| (iii) attend a non-residential program for youth;
|
8 |
| (iv) contribute to his own support at home or in a |
9 |
| foster home;
|
10 |
| (v) with the consent of the superintendent of the
|
11 |
| facility, attend an educational program at a facility |
12 |
| other than the school
in which the
offense was |
13 |
| committed if he
or she is convicted of a crime of |
14 |
| violence as
defined in
Section 2 of the Crime Victims |
15 |
| Compensation Act committed in a school, on the
real
|
16 |
| property
comprising a school, or within 1,000 feet of |
17 |
| the real property comprising a
school;
|
18 |
| (8) make restitution as provided in Section 5-5-6 of |
19 |
| this Code;
|
20 |
| (9) perform some reasonable public or community |
21 |
| service;
|
22 |
| (10) serve a term of home confinement. In addition to |
23 |
| any other
applicable condition of probation or conditional |
24 |
| discharge, the
conditions of home confinement shall be that |
25 |
| the offender:
|
26 |
| (i) remain within the interior premises of the |
|
|
|
HB0590 |
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LRB096 08030 RLC 18135 b |
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|
1 |
| place designated for
his confinement during the hours |
2 |
| designated by the court;
|
3 |
| (ii) admit any person or agent designated by the |
4 |
| court into the
offender's place of confinement at any |
5 |
| time for purposes of verifying
the offender's |
6 |
| compliance with the conditions of his confinement; and
|
7 |
| (iii) if further deemed necessary by the court or |
8 |
| the
Probation or
Court Services Department, be placed |
9 |
| on an approved
electronic monitoring device, subject |
10 |
| to Article 8A of Chapter V;
|
11 |
| (iv) for persons convicted of any alcohol, |
12 |
| cannabis or controlled
substance violation who are |
13 |
| placed on an approved monitoring device as a
condition |
14 |
| of probation or conditional discharge, the court shall |
15 |
| impose a
reasonable fee for each day of the use of the |
16 |
| device, as established by the
county board in |
17 |
| subsection (g) of this Section, unless after |
18 |
| determining the
inability of the offender to pay the |
19 |
| fee, the court assesses a lesser fee or no
fee as the |
20 |
| case may be. This fee shall be imposed in addition to |
21 |
| the fees
imposed under subsections (g) and (i) of this |
22 |
| Section. The fee shall be
collected by the clerk of the |
23 |
| circuit court. The clerk of the circuit
court shall pay |
24 |
| all monies collected from this fee to the county |
25 |
| treasurer
for deposit in the substance abuse services |
26 |
| fund under Section 5-1086.1 of
the Counties Code; and
|
|
|
|
HB0590 |
- 24 - |
LRB096 08030 RLC 18135 b |
|
|
1 |
| (v) for persons convicted of offenses other than |
2 |
| those referenced in
clause (iv) above and who are |
3 |
| placed on an approved monitoring device as a
condition |
4 |
| of probation or conditional discharge, the court shall |
5 |
| impose
a reasonable fee for each day of the use of the |
6 |
| device, as established by the
county board in |
7 |
| subsection (g) of this Section, unless after |
8 |
| determining the
inability of the defendant to pay the |
9 |
| fee, the court assesses a lesser fee or
no fee as the |
10 |
| case may be. This fee shall be imposed in addition to |
11 |
| the fees
imposed under subsections (g) and (i) of this |
12 |
| Section. The fee
shall be collected by the clerk of the |
13 |
| circuit court. The clerk of the circuit
court shall pay |
14 |
| all monies collected from this fee
to the county |
15 |
| treasurer who shall use the monies collected to defray |
16 |
| the
costs of corrections. The county treasurer shall |
17 |
| deposit the fee
collected in the county working cash |
18 |
| fund under Section 6-27001 or Section
6-29002 of the |
19 |
| Counties Code, as the case may be.
|
20 |
| (11) comply with the terms and conditions of an order |
21 |
| of protection issued
by the court pursuant to the Illinois |
22 |
| Domestic Violence Act of 1986,
as now or hereafter amended, |
23 |
| or an order of protection issued by the court of
another |
24 |
| state, tribe, or United States territory. A copy of the |
25 |
| order of
protection shall be
transmitted to the probation |
26 |
| officer or agency
having responsibility for the case;
|
|
|
|
HB0590 |
- 25 - |
LRB096 08030 RLC 18135 b |
|
|
1 |
| (12) reimburse any "local anti-crime program" as |
2 |
| defined in Section 7
of the Anti-Crime Advisory Council Act |
3 |
| for any reasonable expenses incurred
by the program on the |
4 |
| offender's case, not to exceed the maximum amount of
the |
5 |
| fine authorized for the offense for which the defendant was |
6 |
| sentenced;
|
7 |
| (13) contribute a reasonable sum of money, not to |
8 |
| exceed the maximum
amount of the fine authorized for the
|
9 |
| offense for which the defendant was sentenced, (i) to a |
10 |
| "local anti-crime
program", as defined in Section 7 of the |
11 |
| Anti-Crime Advisory Council Act, or (ii) for offenses under |
12 |
| the jurisdiction of the Department of Natural Resources, to |
13 |
| the fund established by the Department of Natural Resources |
14 |
| for the purchase of evidence for investigation purposes and |
15 |
| to conduct investigations as outlined in Section 805-105 of |
16 |
| the Department of Natural Resources (Conservation) Law;
|
17 |
| (14) refrain from entering into a designated |
18 |
| geographic area except upon
such terms as the court finds |
19 |
| appropriate. Such terms may include
consideration of the |
20 |
| purpose of the entry, the time of day, other persons
|
21 |
| accompanying the defendant, and advance approval by a
|
22 |
| probation officer, if
the defendant has been placed on |
23 |
| probation or advance approval by the
court, if the |
24 |
| defendant was placed on conditional discharge;
|
25 |
| (15) refrain from having any contact, directly or |
26 |
| indirectly, with
certain specified persons or particular |
|
|
|
HB0590 |
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LRB096 08030 RLC 18135 b |
|
|
1 |
| types of persons, including but not
limited to members of |
2 |
| street gangs and drug users or dealers;
|
3 |
| (16) refrain from having in his or her body the |
4 |
| presence of any illicit
drug prohibited by the Cannabis |
5 |
| Control Act, the Illinois Controlled
Substances Act, or the |
6 |
| Methamphetamine Control and Community Protection Act, |
7 |
| unless prescribed by a physician, and submit samples of
his |
8 |
| or her blood or urine or both for tests to determine the |
9 |
| presence of any
illicit drug;
|
10 |
| (17) if convicted for an offense committed on or after |
11 |
| June 1, 2008 ( the effective date of Public Act 95-464)
this |
12 |
| amendatory Act of the 95th General Assembly that would |
13 |
| qualify the accused as a child sex offender as defined in |
14 |
| Section 11-9.3 or 11-9.4 of the Criminal Code of 1961, |
15 |
| refrain from communicating with or contacting, by means of |
16 |
| the Internet, a person who is related to the accused and |
17 |
| whom the accused reasonably believes to be under 18 years |
18 |
| of age; for purposes of this paragraph (17), "Internet" has |
19 |
| the meaning ascribed to it in Section 16J-5 of the Criminal |
20 |
| Code of 1961; and a person is related to the accused if the |
21 |
| person is: (i) the spouse, brother, or sister of the |
22 |
| accused; (ii) a descendant of the accused; (iii) a first or |
23 |
| second cousin of the accused; or (iv) a step-child or |
24 |
| adopted child of the accused; and |
25 |
| (18) (blank) if convicted for an offense committed on |
26 |
| or after the effective date of
this amendatory Act of the |
|
|
|
HB0590 |
- 27 - |
LRB096 08030 RLC 18135 b |
|
|
1 |
| 95th General Assembly that would qualify as a sex offense |
2 |
| as defined in the Sex Offender Registration Act: |
3 |
| (i) not access or use a computer or any other |
4 |
| device with Internet capability without the prior |
5 |
| written approval of the offender's probation officer, |
6 |
| except in connection with the offender's employment or |
7 |
| search for employment with the prior approval of the |
8 |
| offender's probation officer; |
9 |
| (ii) submit to periodic unannounced examinations |
10 |
| of the offender's computer or any other device with |
11 |
| Internet capability by the offender's probation |
12 |
| officer, a law enforcement officer, or assigned |
13 |
| computer or information technology specialist, |
14 |
| including the retrieval and copying of all data from |
15 |
| the computer or device and any internal or external |
16 |
| peripherals and removal of such information, |
17 |
| equipment, or device to conduct a more thorough |
18 |
| inspection; |
19 |
| (iii) submit to the installation on the offender's |
20 |
| computer or device with Internet capability, at the |
21 |
| subject's expense, of one or more hardware or software |
22 |
| systems to monitor the Internet use; and |
23 |
| (iv) submit to any other appropriate restrictions |
24 |
| concerning the offender's use of or access to a |
25 |
| computer or any other device with Internet capability |
26 |
| imposed by the offender's probation officer . |
|
|
|
HB0590 |
- 28 - |
LRB096 08030 RLC 18135 b |
|
|
1 |
| (c) The court may as a condition of probation or of |
2 |
| conditional
discharge require that a person under 18 years of |
3 |
| age found guilty of any
alcohol, cannabis or controlled |
4 |
| substance violation, refrain from acquiring
a driver's license |
5 |
| during
the period of probation or conditional discharge. If |
6 |
| such person
is in possession of a permit or license, the court |
7 |
| may require that
the minor refrain from driving or operating |
8 |
| any motor vehicle during the
period of probation or conditional |
9 |
| discharge, except as may be necessary in
the course of the |
10 |
| minor's lawful employment.
|
11 |
| (d) An offender sentenced to probation or to conditional |
12 |
| discharge
shall be given a certificate setting forth the |
13 |
| conditions thereof.
|
14 |
| (e) Except where the offender has committed a fourth or |
15 |
| subsequent
violation of subsection (c) of Section 6-303 of the |
16 |
| Illinois Vehicle Code,
the court shall not require as a |
17 |
| condition of the sentence of
probation or conditional discharge |
18 |
| that the offender be committed to a
period of imprisonment in |
19 |
| excess of 6 months.
This 6 month limit shall not include |
20 |
| periods of confinement given pursuant to
a sentence of county |
21 |
| impact incarceration under Section 5-8-1.2.
|
22 |
| Persons committed to imprisonment as a condition of |
23 |
| probation or
conditional discharge shall not be committed to |
24 |
| the Department of
Corrections.
|
25 |
| (f) The court may combine a sentence of periodic |
26 |
| imprisonment under
Article 7 or a sentence to a county impact |
|
|
|
HB0590 |
- 29 - |
LRB096 08030 RLC 18135 b |
|
|
1 |
| incarceration program under
Article 8 with a sentence of |
2 |
| probation or conditional discharge.
|
3 |
| (g) An offender sentenced to probation or to conditional |
4 |
| discharge and
who during the term of either undergoes mandatory |
5 |
| drug or alcohol testing,
or both, or is assigned to be placed |
6 |
| on an approved electronic monitoring
device, shall be ordered |
7 |
| to pay all costs incidental to such mandatory drug
or alcohol |
8 |
| testing, or both, and all costs
incidental to such approved |
9 |
| electronic monitoring in accordance with the
defendant's |
10 |
| ability to pay those costs. The county board with
the |
11 |
| concurrence of the Chief Judge of the judicial
circuit in which |
12 |
| the county is located shall establish reasonable fees for
the |
13 |
| cost of maintenance, testing, and incidental expenses related |
14 |
| to the
mandatory drug or alcohol testing, or both, and all |
15 |
| costs incidental to
approved electronic monitoring, involved |
16 |
| in a successful probation program
for the county. The |
17 |
| concurrence of the Chief Judge shall be in the form of
an |
18 |
| administrative order.
The fees shall be collected by the clerk |
19 |
| of the circuit court. The clerk of
the circuit court shall pay |
20 |
| all moneys collected from these fees to the county
treasurer |
21 |
| who shall use the moneys collected to defray the costs of
drug |
22 |
| testing, alcohol testing, and electronic monitoring.
The |
23 |
| county treasurer shall deposit the fees collected in the
county |
24 |
| working cash fund under Section 6-27001 or Section 6-29002 of |
25 |
| the
Counties Code, as the case may be.
|
26 |
| (h) Jurisdiction over an offender may be transferred from |
|
|
|
HB0590 |
- 30 - |
LRB096 08030 RLC 18135 b |
|
|
1 |
| the
sentencing court to the court of another circuit with the |
2 |
| concurrence of
both courts. Further transfers or retransfers of
|
3 |
| jurisdiction are also
authorized in the same manner. The court |
4 |
| to which jurisdiction has been
transferred shall have the same |
5 |
| powers as the sentencing court.
|
6 |
| (i) The court shall impose upon an offender
sentenced to |
7 |
| probation after January 1, 1989 or to conditional discharge
|
8 |
| after January 1, 1992 or to community service under the |
9 |
| supervision of a
probation or court services department after |
10 |
| January 1, 2004, as a condition of such probation or |
11 |
| conditional
discharge or supervised community service, a fee of |
12 |
| $50
for each month of probation or
conditional
discharge |
13 |
| supervision or supervised community service ordered by the |
14 |
| court, unless after
determining the inability of the person |
15 |
| sentenced to probation or conditional
discharge or supervised |
16 |
| community service to pay the
fee, the court assesses a lesser |
17 |
| fee. The court may not impose the fee on a
minor who is made a |
18 |
| ward of the State under the Juvenile Court Act of 1987
while |
19 |
| the minor is in placement.
The fee shall be imposed only upon
|
20 |
| an offender who is actively supervised by the
probation and |
21 |
| court services
department. The fee shall be collected by the |
22 |
| clerk
of the circuit court. The clerk of the circuit court |
23 |
| shall pay all monies
collected from this fee to the county |
24 |
| treasurer for deposit in the
probation and court services fund |
25 |
| under Section 15.1 of the
Probation and Probation Officers Act.
|
26 |
| A circuit court may not impose a probation fee under this |
|
|
|
HB0590 |
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LRB096 08030 RLC 18135 b |
|
|
1 |
| subsection (i) in excess of $25
per month unless: (1) the |
2 |
| circuit court has adopted, by administrative
order issued by |
3 |
| the chief judge, a standard probation fee guide
determining an |
4 |
| offender's ability to pay, under guidelines developed by
the |
5 |
| Administrative
Office of the Illinois Courts; and (2) the |
6 |
| circuit court has authorized, by
administrative order issued by |
7 |
| the chief judge, the creation of a Crime
Victim's Services |
8 |
| Fund, to be administered by the Chief Judge or his or
her |
9 |
| designee, for services to crime victims and their families. Of |
10 |
| the
amount collected as a probation fee, up to $5 of that fee
|
11 |
| collected per month may be used to provide services to crime |
12 |
| victims
and their families.
|
13 |
| This amendatory Act of the 93rd General Assembly deletes |
14 |
| the $10 increase in the fee under this subsection that was |
15 |
| imposed by Public Act 93-616. This deletion is intended to |
16 |
| control over any other Act of the 93rd General Assembly that |
17 |
| retains or incorporates that fee increase. |
18 |
| (i-5) In addition to the fees imposed under subsection (i) |
19 |
| of this Section, in the case of an offender convicted of a |
20 |
| felony sex offense (as defined in the Sex Offender Management |
21 |
| Board Act) or an offense that the court or probation department |
22 |
| has determined to be sexually motivated (as defined in the Sex |
23 |
| Offender Management Board Act), the court or the probation |
24 |
| department shall assess additional fees to pay for all costs of |
25 |
| treatment, assessment, evaluation for risk and treatment, and |
26 |
| monitoring the offender, based on that offender's ability to |
|
|
|
HB0590 |
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LRB096 08030 RLC 18135 b |
|
|
1 |
| pay those costs either as they occur or under a payment plan. |
2 |
| (j) All fines and costs imposed under this Section for any |
3 |
| violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle |
4 |
| Code, or a similar
provision of a local ordinance, and any |
5 |
| violation of the Child Passenger
Protection Act, or a similar |
6 |
| provision of a local ordinance, shall be
collected and |
7 |
| disbursed by the circuit clerk as provided under Section 27.5
|
8 |
| of the Clerks of Courts Act.
|
9 |
| (k) Any offender who is sentenced to probation or |
10 |
| conditional discharge for a felony sex offense as defined in |
11 |
| the Sex Offender Management Board Act or any offense that the |
12 |
| court or probation department has determined to be sexually |
13 |
| motivated as defined in the Sex Offender Management Board Act |
14 |
| shall be required to refrain from any contact, directly or |
15 |
| indirectly, with any persons specified by the court and shall |
16 |
| be available for all evaluations and treatment programs |
17 |
| required by the court or the probation department.
|
18 |
| (l) The court may order an offender who is sentenced to |
19 |
| probation or conditional
discharge for a violation of an order |
20 |
| of protection be placed under electronic surveillance as |
21 |
| provided in Section 5-8A-7 of this Code. |
22 |
| (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; |
23 |
| 94-556, eff. 9-11-05; 95-331, eff. 8-21-07; 95-464, eff. |
24 |
| 6-1-08; 95-578, eff. 6-1-08; 95-696, eff. 6-1-08; 95-773, eff. |
25 |
| 1-1-09; 95-876, eff. 8-21-08; 95-983, eff. 6-1-09; revised |
26 |
| 10-20-08.)
|
|
|
|
HB0590 |
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LRB096 08030 RLC 18135 b |
|
|
1 |
| (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
|
2 |
| (Text of Section after amendment by P.A. 95-983 ) |
3 |
| Sec. 5-6-3.1. Incidents and Conditions of Supervision.
|
4 |
| (a) When a defendant is placed on supervision, the court |
5 |
| shall enter
an order for supervision specifying the period of |
6 |
| such supervision, and
shall defer further proceedings in the |
7 |
| case until the conclusion of the
period.
|
8 |
| (b) The period of supervision shall be reasonable under all |
9 |
| of the
circumstances of the case, but may not be longer than 2 |
10 |
| years, unless the
defendant has failed to pay the assessment |
11 |
| required by Section 10.3 of the
Cannabis Control Act,
Section |
12 |
| 411.2 of the Illinois Controlled
Substances Act, or Section 80 |
13 |
| of the Methamphetamine Control and Community Protection Act, in |
14 |
| which case the court may extend supervision beyond 2 years.
|
15 |
| Additionally, the court shall order the defendant to perform no |
16 |
| less than 30
hours of community service and not more than 120 |
17 |
| hours of community service, if
community service is available |
18 |
| in the
jurisdiction and is funded and approved by the county |
19 |
| board where the offense
was committed,
when the offense (1) was
|
20 |
| related to or in furtherance of the criminal activities of an |
21 |
| organized gang or
was motivated by the defendant's membership |
22 |
| in or allegiance to an organized
gang; or (2) is a violation of |
23 |
| any Section of Article 24 of the Criminal
Code of 1961 where a |
24 |
| disposition of supervision is not prohibited by Section
5-6-1 |
25 |
| of this Code.
The
community service shall include, but not be |
|
|
|
HB0590 |
- 34 - |
LRB096 08030 RLC 18135 b |
|
|
1 |
| limited to, the cleanup and repair
of any damage caused by |
2 |
| violation of Section 21-1.3 of the Criminal Code of
1961 and |
3 |
| similar damages to property located within the municipality or |
4 |
| county
in which the violation occurred. Where possible and |
5 |
| reasonable, the community
service should be performed in the |
6 |
| offender's neighborhood.
|
7 |
| For the purposes of this
Section, "organized gang" has the |
8 |
| meaning ascribed to it in Section 10 of the
Illinois Streetgang |
9 |
| Terrorism Omnibus Prevention Act.
|
10 |
| (c) The court may in addition to other reasonable |
11 |
| conditions
relating to the nature of the offense or the |
12 |
| rehabilitation of the
defendant as determined for each |
13 |
| defendant in the proper discretion of
the court require that |
14 |
| the person:
|
15 |
| (1) make a report to and appear in person before or |
16 |
| participate with
the court or such courts, person, or |
17 |
| social service agency as directed
by the court in the order |
18 |
| of supervision;
|
19 |
| (2) pay a fine and costs;
|
20 |
| (3) work or pursue a course of study or vocational |
21 |
| training;
|
22 |
| (4) undergo medical, psychological or psychiatric |
23 |
| treatment; or
treatment for drug addiction or alcoholism;
|
24 |
| (5) attend or reside in a facility established for the |
25 |
| instruction
or residence of defendants on probation;
|
26 |
| (6) support his dependents;
|
|
|
|
HB0590 |
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LRB096 08030 RLC 18135 b |
|
|
1 |
| (7) refrain from possessing a firearm or other |
2 |
| dangerous weapon;
|
3 |
| (8) and in addition, if a minor:
|
4 |
| (i) reside with his parents or in a foster home;
|
5 |
| (ii) attend school;
|
6 |
| (iii) attend a non-residential program for youth;
|
7 |
| (iv) contribute to his own support at home or in a |
8 |
| foster home; or
|
9 |
| (v) with the consent of the superintendent of the
|
10 |
| facility, attend an educational program at a facility |
11 |
| other than the school
in which the
offense was |
12 |
| committed if he
or she is placed on supervision for a |
13 |
| crime of violence as
defined in
Section 2 of the Crime |
14 |
| Victims Compensation Act committed in a school, on the
|
15 |
| real
property
comprising a school, or within 1,000 feet |
16 |
| of the real property comprising a
school;
|
17 |
| (9) make restitution or reparation in an amount not to |
18 |
| exceed actual
loss or damage to property and pecuniary loss |
19 |
| or make restitution under Section
5-5-6 to a domestic |
20 |
| violence shelter. The court shall
determine the amount and |
21 |
| conditions of payment;
|
22 |
| (10) perform some reasonable public or community |
23 |
| service;
|
24 |
| (11) comply with the terms and conditions of an order |
25 |
| of protection
issued by the court pursuant to the Illinois |
26 |
| Domestic Violence Act of 1986 or
an order of protection |
|
|
|
HB0590 |
- 36 - |
LRB096 08030 RLC 18135 b |
|
|
1 |
| issued by the court of another state, tribe, or United
|
2 |
| States territory.
If the court has ordered the defendant to |
3 |
| make a report and appear in
person under paragraph (1) of |
4 |
| this subsection, a copy of the order of
protection shall be |
5 |
| transmitted to the person or agency so designated
by the |
6 |
| court;
|
7 |
| (12) reimburse any "local anti-crime program" as |
8 |
| defined in Section 7 of
the Anti-Crime Advisory Council Act |
9 |
| for any reasonable expenses incurred by the
program on the |
10 |
| offender's case, not to exceed the maximum amount of the
|
11 |
| fine authorized for the offense for which the defendant was |
12 |
| sentenced;
|
13 |
| (13) contribute a reasonable sum of money, not to
|
14 |
| exceed the maximum amount of the fine authorized for the |
15 |
| offense for which
the defendant was sentenced, (i) to a |
16 |
| "local anti-crime program", as defined
in Section 7 of the |
17 |
| Anti-Crime Advisory Council Act, or (ii) for offenses under |
18 |
| the jurisdiction of the Department of Natural Resources, to |
19 |
| the fund established by the Department of Natural Resources |
20 |
| for the purchase of evidence for investigation purposes and |
21 |
| to conduct investigations as outlined in Section 805-105 of |
22 |
| the Department of Natural Resources (Conservation) Law;
|
23 |
| (14) refrain from entering into a designated |
24 |
| geographic area except
upon such terms as the court finds |
25 |
| appropriate. Such terms may include
consideration of the |
26 |
| purpose of the entry, the time of day, other persons
|
|
|
|
HB0590 |
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LRB096 08030 RLC 18135 b |
|
|
1 |
| accompanying the defendant, and advance approval by a |
2 |
| probation officer;
|
3 |
| (15) refrain from having any contact, directly or |
4 |
| indirectly, with
certain specified persons or particular |
5 |
| types of person, including but not
limited to members of |
6 |
| street gangs and drug users or dealers;
|
7 |
| (16) refrain from having in his or her body the |
8 |
| presence of any illicit
drug prohibited by the Cannabis |
9 |
| Control Act, the Illinois Controlled
Substances Act, or the |
10 |
| Methamphetamine Control and Community Protection Act, |
11 |
| unless prescribed by a physician, and submit samples of
his |
12 |
| or her blood or urine or both for tests to determine the |
13 |
| presence of any
illicit drug;
|
14 |
| (17) refrain from operating any motor vehicle not |
15 |
| equipped with an
ignition interlock device as defined in |
16 |
| Section 1-129.1 of the Illinois
Vehicle Code; under this |
17 |
| condition the court may allow a defendant who is not
|
18 |
| self-employed to operate a vehicle owned by the defendant's |
19 |
| employer that is
not equipped with an ignition interlock |
20 |
| device in the course and scope of the
defendant's |
21 |
| employment; and
|
22 |
| (18) if placed on supervision for a sex offense as |
23 |
| defined in subsection (a-5) of Section 3-1-2 of this Code, |
24 |
| unless the offender is a parent or guardian of the person |
25 |
| under 18 years of age present in the home and no |
26 |
| non-familial minors are present, not participate in a |
|
|
|
HB0590 |
- 38 - |
LRB096 08030 RLC 18135 b |
|
|
1 |
| holiday event involving
children
under 18 years of age, |
2 |
| such as distributing candy or other items to children on
|
3 |
| Halloween,
wearing a Santa Claus costume on or preceding |
4 |
| Christmas, being employed as a
department store Santa |
5 |
| Claus, or wearing an Easter Bunny costume on or
preceding
|
6 |
| Easter. |
7 |
| (d) The court shall defer entering any judgment on the |
8 |
| charges
until the conclusion of the supervision.
|
9 |
| (e) At the conclusion of the period of supervision, if the |
10 |
| court
determines that the defendant has successfully complied |
11 |
| with all of the
conditions of supervision, the court shall |
12 |
| discharge the defendant and
enter a judgment dismissing the |
13 |
| charges.
|
14 |
| (f) Discharge and dismissal upon a successful conclusion of |
15 |
| a
disposition of supervision shall be deemed without |
16 |
| adjudication of guilt
and shall not be termed a conviction for |
17 |
| purposes of disqualification or
disabilities imposed by law |
18 |
| upon conviction of a crime. Two years after the
discharge and |
19 |
| dismissal under this Section, unless the disposition of
|
20 |
| supervision was for a violation of Sections 3-707, 3-708, |
21 |
| 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a |
22 |
| similar
provision of a local ordinance, or for a violation of |
23 |
| Sections 12-3.2
or 16A-3 of the Criminal Code of 1961, in which |
24 |
| case it shall be 5
years after discharge and dismissal, a |
25 |
| person may have his record
of arrest sealed or expunged as may |
26 |
| be provided by law. However, any
defendant placed on |
|
|
|
HB0590 |
- 39 - |
LRB096 08030 RLC 18135 b |
|
|
1 |
| supervision before January 1, 1980, may move for
sealing or |
2 |
| expungement of his arrest record, as provided by law, at any
|
3 |
| time after discharge and dismissal under this Section.
A person |
4 |
| placed on supervision for a sexual offense committed against a |
5 |
| minor
as defined in subsection (g) of Section 5 of the Criminal |
6 |
| Identification Act
or for a violation of Section 11-501 of the |
7 |
| Illinois Vehicle Code or a
similar provision of a local |
8 |
| ordinance
shall not have his or her record of arrest sealed or |
9 |
| expunged.
|
10 |
| (g) A defendant placed on supervision and who during the |
11 |
| period of
supervision undergoes mandatory drug or alcohol |
12 |
| testing, or both, or is
assigned to be placed on an approved |
13 |
| electronic monitoring device, shall be
ordered to pay the costs |
14 |
| incidental to such mandatory drug or alcohol
testing, or both, |
15 |
| and costs incidental to such approved electronic
monitoring in |
16 |
| accordance with the defendant's ability to pay those costs.
The |
17 |
| county board with the concurrence of the Chief Judge of the |
18 |
| judicial
circuit in which the county is located shall establish |
19 |
| reasonable fees for
the cost of maintenance, testing, and |
20 |
| incidental expenses related to the
mandatory drug or alcohol |
21 |
| testing, or both, and all costs incidental to
approved |
22 |
| electronic monitoring, of all defendants placed on |
23 |
| supervision.
The concurrence of the Chief Judge shall be in the |
24 |
| form of an
administrative order.
The fees shall be collected by |
25 |
| the clerk of the circuit court. The clerk of
the circuit court |
26 |
| shall pay all moneys collected from these fees to the county
|
|
|
|
HB0590 |
- 40 - |
LRB096 08030 RLC 18135 b |
|
|
1 |
| treasurer who shall use the moneys collected to defray the |
2 |
| costs of
drug testing, alcohol testing, and electronic |
3 |
| monitoring.
The county treasurer shall deposit the fees |
4 |
| collected in the
county working cash fund under Section 6-27001 |
5 |
| or Section 6-29002 of the
Counties Code, as the case may be.
|
6 |
| (h) A disposition of supervision is a final order for the |
7 |
| purposes
of appeal.
|
8 |
| (i) The court shall impose upon a defendant placed on |
9 |
| supervision
after January 1, 1992 or to community service under |
10 |
| the supervision of a
probation or court services department |
11 |
| after January 1, 2004, as a condition
of supervision or |
12 |
| supervised community service, a fee of $50 for
each month of |
13 |
| supervision or supervised community service ordered by the
|
14 |
| court, unless after
determining the inability of the person |
15 |
| placed on supervision or supervised
community service to pay |
16 |
| the
fee, the court assesses a lesser fee. The court may not |
17 |
| impose the fee on a
minor who is made a ward of the State under |
18 |
| the Juvenile Court Act of 1987
while the minor is in placement.
|
19 |
| The fee shall be imposed only upon a
defendant who is actively |
20 |
| supervised by the
probation and court services
department. The |
21 |
| fee shall be collected by the clerk of the circuit court.
The |
22 |
| clerk of the circuit court shall pay all monies collected from |
23 |
| this fee
to the county treasurer for deposit in the probation |
24 |
| and court services
fund pursuant to Section 15.1 of the |
25 |
| Probation and
Probation Officers Act.
|
26 |
| A circuit court may not impose a probation fee in excess of |
|
|
|
HB0590 |
- 41 - |
LRB096 08030 RLC 18135 b |
|
|
1 |
| $25
per month unless: (1) the circuit court has adopted, by |
2 |
| administrative
order issued by the chief judge, a standard |
3 |
| probation fee guide
determining an offender's ability to pay, |
4 |
| under guidelines developed by
the Administrative
Office of the |
5 |
| Illinois Courts; and (2) the circuit court has authorized, by
|
6 |
| administrative order issued by the chief judge, the creation of |
7 |
| a Crime
Victim's Services Fund, to be administered by the Chief |
8 |
| Judge or his or
her designee, for services to crime victims and |
9 |
| their families. Of the
amount collected as a probation fee, not |
10 |
| to exceed $5 of that fee
collected per month may be used to |
11 |
| provide services to crime victims
and their families.
|
12 |
| (j) All fines and costs imposed under this Section for any
|
13 |
| violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle |
14 |
| Code, or a
similar provision of a local ordinance, and any |
15 |
| violation of the Child
Passenger Protection Act, or a similar |
16 |
| provision of a local ordinance, shall
be collected and |
17 |
| disbursed by the circuit clerk as provided under Section
27.5 |
18 |
| of the Clerks of Courts Act.
|
19 |
| (k) A defendant at least 17 years of age who is placed on |
20 |
| supervision
for a misdemeanor in a county of 3,000,000 or more |
21 |
| inhabitants
and who has not been previously convicted of a |
22 |
| misdemeanor or felony
may as a condition of his or her |
23 |
| supervision be required by the court to
attend educational |
24 |
| courses designed to prepare the defendant for a high school
|
25 |
| diploma and to work toward a high school diploma or to work |
26 |
| toward passing the
high school level Test of General |
|
|
|
HB0590 |
- 42 - |
LRB096 08030 RLC 18135 b |
|
|
1 |
| Educational Development (GED) or to work
toward completing a |
2 |
| vocational training program approved by the court. The
|
3 |
| defendant placed on supervision must attend a public |
4 |
| institution of education
to obtain the educational or |
5 |
| vocational training required by this subsection
(k). The |
6 |
| defendant placed on supervision shall be required to pay for |
7 |
| the cost
of the educational courses or GED test, if a fee is |
8 |
| charged for those courses
or test. The court shall revoke the |
9 |
| supervision of a person who wilfully fails
to comply with this |
10 |
| subsection (k). The court shall resentence the defendant
upon |
11 |
| revocation of supervision as provided in Section 5-6-4. This |
12 |
| subsection
(k) does not apply to a defendant who has a high |
13 |
| school diploma or has
successfully passed the GED test. This |
14 |
| subsection (k) does not apply to a
defendant who is determined |
15 |
| by the court to be developmentally disabled or
otherwise |
16 |
| mentally incapable of completing the
educational or vocational |
17 |
| program.
|
18 |
| (l) The court shall require a defendant placed on |
19 |
| supervision for
possession of a substance
prohibited by the |
20 |
| Cannabis Control Act, the Illinois Controlled Substances Act, |
21 |
| or the Methamphetamine Control and Community Protection Act
|
22 |
| after a previous conviction or disposition of supervision for |
23 |
| possession of a
substance prohibited by the Cannabis Control |
24 |
| Act, the Illinois Controlled
Substances Act, or the |
25 |
| Methamphetamine Control and Community Protection Act or a |
26 |
| sentence of probation under Section 10 of the Cannabis
Control |
|
|
|
HB0590 |
- 43 - |
LRB096 08030 RLC 18135 b |
|
|
1 |
| Act or Section 410 of the Illinois Controlled Substances Act
|
2 |
| and after a finding by the court that the person is addicted, |
3 |
| to undergo
treatment at a substance abuse program approved by |
4 |
| the court.
|
5 |
| (m) The Secretary of State shall require anyone placed on |
6 |
| court supervision
for a
violation of Section 3-707 of the |
7 |
| Illinois Vehicle Code or a similar provision
of a local |
8 |
| ordinance
to give proof of his or her financial
responsibility |
9 |
| as
defined in Section 7-315 of the Illinois Vehicle Code. The |
10 |
| proof shall be
maintained by the individual in a manner |
11 |
| satisfactory to the Secretary of State
for
a
minimum period of |
12 |
| 3 years after the date the proof is first filed.
The proof |
13 |
| shall be limited to a single action per arrest and may not be
|
14 |
| affected by any post-sentence disposition. The Secretary of |
15 |
| State shall
suspend the driver's license of any person
|
16 |
| determined by the Secretary to be in violation of this |
17 |
| subsection. |
18 |
| (n) Any offender placed on supervision for any offense that |
19 |
| the court or probation department has determined to be sexually |
20 |
| motivated as defined in the Sex Offender Management Board Act |
21 |
| shall be required to refrain from any contact, directly or |
22 |
| indirectly, with any persons specified by the court and shall |
23 |
| be available for all evaluations and treatment programs |
24 |
| required by the court or the probation department.
|
25 |
| (o) An offender placed on supervision for a sex offense as |
26 |
| defined in the Sex Offender
Management Board Act shall refrain |
|
|
|
HB0590 |
- 44 - |
LRB096 08030 RLC 18135 b |
|
|
1 |
| from residing at the same address or in the same condominium |
2 |
| unit or 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 been |
5 |
| placed on supervision for a sex offense. The provisions of this |
6 |
| subsection (o) do not apply to a person convicted of a sex |
7 |
| offense who is placed in a Department of Corrections licensed |
8 |
| transitional housing facility for sex offenders. |
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| (p) An offender placed on supervision for an offense |
10 |
| committed on or after June 1, 2008
(the effective date of |
11 |
| Public Act 95-464)
that would qualify the accused as a child |
12 |
| sex offender as defined in Section 11-9.3 or 11-9.4 of the |
13 |
| Criminal Code of 1961 shall refrain from communicating with or |
14 |
| contacting, by means of the Internet, a person who is not |
15 |
| related to the accused and whom the accused reasonably believes |
16 |
| to be under 18 years of age. For purposes of this subsection |
17 |
| (p), "Internet" has the meaning ascribed to it in Section 16J-5 |
18 |
| of the Criminal Code of 1961; and a person is not related to |
19 |
| the accused if the person is not: (i) the spouse, brother, or |
20 |
| sister of the accused; (ii) a descendant of the accused; (iii) |
21 |
| a first or second cousin of the accused; or (iv) a step-child |
22 |
| or adopted child of the accused.
|
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| (q) An offender placed on supervision for an offense |
24 |
| committed on or after June 1, 2008
(the effective date of |
25 |
| Public Act 95-464)
that would qualify the accused as a child |
26 |
| sex offender as defined in Section 11-9.3 or 11-9.4 of the |
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HB0590 |
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LRB096 08030 RLC 18135 b |
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| Criminal Code of 1961 shall, if so ordered by the court, |
2 |
| refrain from communicating with or contacting, by means of the |
3 |
| Internet, a person who is related to the accused and whom the |
4 |
| accused reasonably believes to be under 18 years of age. For |
5 |
| purposes of this subsection (q), "Internet" has the meaning |
6 |
| ascribed to it in Section 16J-5 of the Criminal Code of 1961; |
7 |
| and a person is related to the accused if the person is: (i) |
8 |
| the spouse, brother, or sister of the accused; (ii) a |
9 |
| descendant of the accused; (iii) a first or second cousin of |
10 |
| the accused; or (iv) a step-child or adopted child of the |
11 |
| accused.
|
12 |
| (r) An offender placed on supervision for an offense that |
13 |
| would qualify the offender as a sex offender under the Sex |
14 |
| Offender Registration Act under Section 11-6, 11-9.1, 11-15.1, |
15 |
| 11-20.1, 11-20.3, or 11-21 of the Criminal Code of 1961, or any |
16 |
| attempt to commit any of these offenses , committed on or after |
17 |
| June 1, 2009 ( the effective date of this amendatory Act of the |
18 |
| 95th General Assembly Public Act 95-983), where the trier of |
19 |
| fact at the offender's trial made a finding that a computer or |
20 |
| any other device with Internet capability was used to |
21 |
| facilitate the commission of the offense shall: |
22 |
| (i) not access or use a computer or any other device |
23 |
| with Internet capability without the prior written |
24 |
| approval of the court, except in connection with the |
25 |
| offender's employment or search for employment with the |
26 |
| prior approval of the court; |
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HB0590 |
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LRB096 08030 RLC 18135 b |
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| (ii) submit to periodic unannounced examinations of |
2 |
| the offender's computer or any other device with Internet |
3 |
| capability by the offender's probation officer, a law |
4 |
| enforcement officer, or assigned computer or information |
5 |
| technology specialist, including the retrieval and copying |
6 |
| of all data from the computer or device and any internal or |
7 |
| external peripherals and removal of such information, |
8 |
| equipment, or device to conduct a more thorough inspection; |
9 |
| (iii) submit to the installation on the offender's |
10 |
| computer or device with Internet capability, at the |
11 |
| offender's expense, of one or more hardware or software |
12 |
| systems to monitor the Internet use; and |
13 |
| (iv) submit to any other appropriate restrictions |
14 |
| concerning the offender's use of or access to a computer or |
15 |
| any other device with Internet capability imposed by the |
16 |
| court. |
17 |
| For purposes of this subsection (r): |
18 |
| "Computer" has the meaning ascribed to it in Section |
19 |
| 16J-5 of the Criminal Code of 1961. |
20 |
| "Internet" means the global information system that is
|
21 |
| logically linked together by a globally unique address |
22 |
| space based on
the Internet Protocol (IP), or its |
23 |
| subsequent extensions, and that
is able to support |
24 |
| communications using the Transmission Control
|
25 |
| Protocol/Internet Protocol (TCP/IP) suite, or its |
26 |
| subsequent
extensions, or other IP-compatible protocols, |
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HB0590 |
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LRB096 08030 RLC 18135 b |
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| and that provides,
uses, or makes accessible, either |
2 |
| publicly or privately, high level
services layered on the |
3 |
| communications and related infrastructure. |
4 |
| (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; |
5 |
| 94-556, eff. 9-11-05; 95-211, eff. 1-1-08; 95-331, eff. |
6 |
| 8-21-07; 95-464, eff. 6-1-08; 95-696, eff. 6-1-08; 95-876, eff. |
7 |
| 8-21-08; 95-983, eff. 6-1-09.)
|
8 |
| Section 99. Effective date. This Act takes effect June 1, |
9 |
| 2009.
|