96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0590


 
Introduced 2/6/2009, by Rep. Brandon W. Phelps
 
SYNOPSIS AS INTRODUCED:









  




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







 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.
















LRB096 08030 RLC 18135 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY


FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB0590

LRB096 08030 RLC 18135 b






1
 AN ACT concerning criminal law.


2
 Be it enacted by the People of the State of Illinois,

3
represented in the General Assembly:



4
 Section 5. The Unified Code of Corrections is amended by 
5
changing Sections 3-3-7, 5-6-3, and 5-6-3.1 as follows:

6
 (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
7
 (Text of Section after amendment by P.A. 95-983)
8
 Sec. 3-3-7. Conditions of Parole or Mandatory Supervised 
9
Release.


10
 (a) The conditions of parole or mandatory
supervised 
11
release shall be such as the Prisoner Review
Board deems 
12
necessary to assist the subject in leading a
law-abiding life. 
13
The conditions of every parole and mandatory
supervised release 
14
are that the subject:


15
  (1) not violate any criminal statute of any 
16
 jurisdiction
during the parole or release term;


17
  (2) refrain from possessing a firearm or other 
18
 dangerous
weapon;


19
  (3) report to an agent of the Department of 
20
 Corrections;


21
  (4) permit the agent to visit him or her at his or her 
22
 home, employment,
or
elsewhere to the
extent necessary for 
23
 the agent to discharge his or her duties;


 


 






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1
  (5) attend or reside in a facility established for the 
2
 instruction or
residence
of persons on
parole or mandatory 
3
 supervised release;


4
  (6) secure permission before visiting or writing a 
5
 committed person in an
Illinois Department
of Corrections 
6
 facility;


7
  (7) report all arrests to an agent of the Department of 
8
 Corrections as
soon as
permitted by the
arresting authority 
9
 but in no event later than 24 hours after release from

10
 custody;


11
  (7.5) if convicted of a sex offense as defined in the 
12
 Sex Offender
Management Board Act, the individual shall 
13
 undergo and successfully complete
sex offender treatment 
14
 conducted in conformance with the standards developed by

15
 the Sex
Offender Management Board Act by a treatment 
16
 provider approved by the Board;


17
  (7.6) if convicted of a sex offense as defined in the 
18
 Sex Offender
Management Board Act, refrain from residing at 
19
 the same address or in the same condominium unit or 
20
 apartment unit or in the same condominium complex or 
21
 apartment complex with another person he or she knows or 
22
 reasonably should know is a convicted sex offender or has 
23
 been placed on supervision for a sex offense; the 
24
 provisions of this paragraph do not apply to a person 
25
 convicted of a sex offense who is placed in a Department of 
26
 Corrections licensed transitional housing facility for sex 
 


 






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1
 offenders, or is in any facility operated or licensed by 
2
 the Department of Children and Family Services or by the 
3
 Department of Human Services, or is in any licensed medical 
4
 facility;

5
  (7.7) if convicted for an offense that would qualify 
6
 the accused as a sexual predator under the Sex Offender 
7
 Registration Act on or after the effective date of this 
8
 amendatory Act of the 94th General Assembly, wear an 
9
 approved electronic monitoring device as defined in 
10
 Section 5-8A-2 for the duration of the person's parole, 
11
 mandatory supervised release term, or extended mandatory 
12
 supervised release term;

13
  (7.8) if convicted for an offense committed on or after 
14
 the effective date of this amendatory Act of the 95th 
15
 General Assembly that would qualify the accused as a child 
16
 sex offender as defined in Section 11-9.3 or 11-9.4 of the 
17
 Criminal Code of 1961, refrain from communicating with or 
18
 contacting, by means of the Internet, a person who is not 
19
 related to the accused and whom the accused reasonably 
20
 believes to be under 18 years of age; for purposes of this 
21
 paragraph (7.8), "Internet" has the meaning ascribed to it 
22
 in Section 16J-5 of the Criminal Code of 1961; and a person 
23
 is not related to the accused if the person is not: (i) the 
24
 spouse, brother, or sister of the accused; (ii) a 
25
 descendant of the accused; (iii) a first or second cousin 
26
 of the accused; or (iv) a step-child or adopted child of 
 


 






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1
 the accused;

2
  (7.9)
if convicted under Section 11-6, 11-20.1, 
3
 11-20.3, or 11-21 of the Criminal Code of 1961, consent to 
4
 search of computers, PDAs, cellular phones, and other 
5
 devices under his or her control that are capable of 
6
 accessing the Internet or storing electronic files, in 
7
 order to confirm Internet protocol addresses reported in 
8
 accordance with the Sex Offender Registration Act and 
9
 compliance with conditions in this Act;

10
  (7.10)
if convicted for an offense that would qualify 
11
 the accused as a sex offender or sexual predator under the 
12
 Sex Offender Registration Act on or after the effective 
13
 date of this amendatory Act of the 95th General Assembly, 
14
 not possess prescription drugs for erectile dysfunction;

15
  (7.11) if convicted for an offense that would qualify 
16
 the subject as a sex offender or sexual predator under the 
17
 Sex Offender Registration Act under Section 11-6, 11-9.1, 
18
 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal Code of 
19
 1961, or any attempt to commit any of these offenses, 
20
 committed on or after June 1, 2009 (the effective date of 
21
 Public Act 95-983) where the trier of fact at the subject's 
22
 trial made a finding that a computer or any other device 
23
 with Internet capability was used to facilitate the 
24
 commission of the offense
this amendatory Act of the 95th 
25
 General Assembly:
26
   (i) not access or use a computer or any other 
 


 






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1
 device with Internet capability without the prior 
2
 written approval of the Board; except the subject may 
3
 use a computer or any other device with Internet 
4
 capability in connection with that subject's 
5
 employment or search for employment with the prior 
6
 approval of the person's supervising officer 
7
 Department;
8
   (ii) submit to periodic unannounced examinations 
9
 of the offender's computer or any other device with 
10
 Internet capability by the offender's supervising 
11
 agent, a law enforcement officer, or assigned computer 
12
 or information technology specialist, including the 
13
 retrieval and copying of all data from the computer or 
14
 device and any internal or external peripherals and 
15
 removal of such information, equipment, or device to 
16
 conduct a more thorough inspection;
17
   (iii) submit to the installation on the offender's 
18
 computer or device with Internet capability, at the 
19
 offender's expense, of one or more hardware or software 
20
 systems to monitor the Internet use; and
21
   (iv) submit to any other appropriate restrictions 
22
 concerning the offender's use of or access to a 
23
 computer or any other device with Internet capability 
24
 imposed by the Board, the Department or the offender's 
25
 supervising agent; 
26
  For purposes of this paragraph (7.11):
 


 






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1
   "Computer" has the meaning ascribed to it in 
2
 Section 16J-5 of the Criminal Code of 1961.
3
   "Internet" means the global information system 
4
 that is
logically linked together by a globally unique 
5
 address space based on
the Internet Protocol (IP), or 
6
 its subsequent extensions, and that
is able to support 
7
 communications using the Transmission Control

8
 Protocol/Internet Protocol (TCP/IP) suite, or its 
9
 subsequent
extensions, or other IP-compatible 
10
 protocols, and that provides,
uses, or makes 
11
 accessible, either publicly or privately, high level

12
 services layered on the communications and related 
13
 infrastructure; 
14
  (8) obtain permission of an agent of the Department of 
15
 Corrections before
leaving the
State of Illinois;


16
  (9) obtain permission of an agent of the Department of 
17
 Corrections before
changing
his or her residence or 
18
 employment;


19
  (10) consent to a search of his or her person, 
20
 property, or residence
under his or her
control;


21
  (11) refrain from the use or possession of narcotics or 
22
 other controlled
substances in
any form, or both, or any 
23
 paraphernalia related to those substances and submit
to a

24
 urinalysis test as instructed by a parole agent of the 
25
 Department of
Corrections;


26
  (12) not frequent places where controlled substances 
 


 






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1
 are illegally sold,
used,
distributed, or administered;


2
  (13) not knowingly associate with other persons on 
3
 parole or mandatory
supervised
release without prior 
4
 written permission of his or her parole agent and not

5
 associate with
persons who are members of an organized gang 
6
 as that term is defined in the
Illinois
Streetgang 
7
 Terrorism Omnibus Prevention Act;


8
  (14) provide true and accurate information, as it 
9
 relates to his or her
adjustment in the
community while on 
10
 parole or mandatory supervised release or to his or her

11
 conduct
while incarcerated, in response to inquiries by his 
12
 or her parole agent or of
the
Department of Corrections; 

13
  (15) follow any specific instructions provided by the 
14
 parole agent that
are consistent
with furthering 
15
 conditions set and approved by the Prisoner Review Board or 
16
 by
law,
exclusive of placement on electronic detention, to 
17
 achieve the goals and
objectives of his
or her parole or 
18
 mandatory supervised release or to protect the public. 
19
 These
instructions by the parole agent may be modified at 
20
 any time, as the agent
deems
appropriate;


21
  (16) if convicted of a sex offense as defined in 
22
 subsection (a-5) of Section 3-1-2 of this Code, unless the 
23
 offender is a parent or guardian of the person under 18 
24
 years of age present in the home and no non-familial minors 
25
 are present, not participate in a holiday event involving 
26
 children under 18 years of age, such as distributing candy 
 


 






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1
 or other items to children on Halloween, wearing a Santa 
2
 Claus costume on or preceding Christmas, being employed as 
3
 a department store Santa Claus, or wearing an Easter Bunny 
4
 costume on or preceding Easter; and
5
  (17) if convicted of a violation of an order of 
6
 protection under Section 12-30 of the Criminal Code of 
7
 1961, be placed under electronic surveillance as provided 
8
 in Section 5-8A-7 of this Code. 
9
 (b) The Board may in addition to other conditions
require 
10
that the subject:


11
  (1) work or pursue a course of study or vocational 
12
 training;


13
  (2) undergo medical or psychiatric treatment, or 
14
 treatment
for drug addiction or alcoholism;


15
  (3) attend or reside in a facility established for the

16
 instruction or residence of persons on probation or parole;


17
  (4) support his dependents;


18
  (5) (blank);


19
  (6) (blank);


20
  (7) comply with the terms and conditions of an order of 
21
 protection
issued pursuant to the Illinois Domestic 
22
 Violence Act of 1986, enacted by the
84th General Assembly, 
23
 or an order of protection issued by the court of another

24
 state, tribe, or United States territory; 

25
  (7.5) if convicted for an offense committed on or after 
26
 the effective date of this amendatory Act of the 95th 
 


 






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1
 General Assembly that would qualify the accused as a child 
2
 sex offender as defined in Section 11-9.3 or 11-9.4 of the 
3
 Criminal Code of 1961, refrain from communicating with or 
4
 contacting, by means of the Internet, a person who is 
5
 related to the accused and whom the accused reasonably 
6
 believes to be under 18 years of age; for purposes of this 
7
 paragraph (7.5), "Internet" has the meaning ascribed to it 
8
 in Section 16J-5 of the Criminal Code of 1961; and a person 
9
 is related to the accused if the person is: (i) the spouse, 
10
 brother, or sister of the accused; (ii) a descendant of the 
11
 accused; (iii) a first or second cousin of the accused; or 
12
 (iv) a step-child or adopted child of the accused;
13
  (7.6) (blank) if convicted for an offense committed on 
14
 or after the effective date of
this amendatory Act of the 
15
 95th General Assembly that would qualify as a sex offense 
16
 as defined in the Sex Offender Registration Act:
17
   (i) not access or use a computer or any other 
18
 device with Internet capability without the prior 
19
 written approval of the Department;
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 supervising 
23
 agent, a law enforcement officer, or assigned computer 
24
 or information technology specialist, including the 
25
 retrieval and copying of all data from the computer or 
26
 device and any internal or external peripherals and 
 


 






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1
 removal of such information, equipment, or device to 
2
 conduct a more thorough inspection;
3
   (iii) submit to the installation on the offender's 
4
 computer or device with Internet capability, at the 
5
 offender's expense, of one or more hardware or software 
6
 systems to monitor the Internet use; and
7
   (iv) submit to any other appropriate restrictions 
8
 concerning the offender's use of or access to a 
9
 computer or any other device with Internet capability 
10
 imposed by the Board, the Department or the offender's 
11
 supervising agent; and

12
  (8) in addition, if a minor:


13
   (i) reside with his parents or in a foster home;


14
   (ii) attend school;


15
   (iii) attend a non-residential program for youth; 
16
 or


17
   (iv) contribute to his own support at home or in a 
18
 foster
home.


19
 (b-1) In addition to the conditions set forth in 
20
subsections (a) and (b), persons required to register as sex 
21
offenders pursuant to the Sex Offender Registration Act, upon 
22
release from the custody of the Illinois Department of 
23
Corrections, may be required by the Board to comply with the 
24
following specific conditions of release:
25
  (1) reside only at a Department approved location; 
26
  (2) comply with all requirements of the Sex Offender 
 


 






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1
 Registration Act;

2
  (3) notify
third parties of the risks that may be 
3
 occasioned by his or her criminal record;
4
  (4) obtain the approval of an agent of the Department 
5
 of Corrections prior to accepting employment or pursuing a 
6
 course of study or vocational training and notify the 
7
 Department prior to any change in employment, study, or 
8
 training;
9
  (5) not be employed or participate in any
volunteer 
10
 activity that involves contact with children, except under 
11
 circumstances approved in advance and in writing by an 
12
 agent of the Department of Corrections;
13
  (6) be electronically monitored for a minimum of 12 
14
 months from the date of release as determined by the Board;

15
  (7) refrain from entering into a designated
geographic 
16
 area except upon terms approved in advance by an agent of 
17
 the Department of Corrections. The terms may include 
18
 consideration of the purpose of the entry, the time of day, 
19
 and others accompanying the person;
20
  (8) refrain from having any contact, including
written 
21
 or oral communications, directly or indirectly, personally 
22
 or by telephone, letter, or through a third party with 
23
 certain specified persons including, but not limited to, 
24
 the victim or the victim's family without the prior written 
25
 approval of an agent of the Department of Corrections;
26
  (9) refrain from all contact, directly or
indirectly, 
 


 






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1
 personally, by telephone, letter, or through a third party, 
2
 with minor children without prior identification and 
3
 approval of an agent of the Department of Corrections;
4
  (10) neither possess or have under his or her
control 
5
 any material that is sexually oriented, sexually 
6
 stimulating, or that shows male or female sex organs or any 
7
 pictures depicting children under 18 years of age nude or 
8
 any written or audio material describing sexual 
9
 intercourse or that depicts or alludes to sexual activity, 
10
 including but not limited to visual, auditory, telephonic, 
11
 or electronic media, or any matter obtained through access 
12
 to any computer or material linked to computer access use;
13
  (11) not patronize any business providing
sexually 
14
 stimulating or sexually oriented entertainment nor utilize 
15
 "900" or adult telephone numbers;
16
  (12) not reside near, visit, or be in or about
parks, 
17
 schools, day care centers, swimming pools, beaches, 
18
 theaters, or any other places where minor children 
19
 congregate without advance approval of an agent of the 
20
 Department of Corrections and immediately report any 
21
 incidental contact with minor children to the Department;
22
  (13) not possess or have under his or her control

23
 certain specified items of contraband related to the 
24
 incidence of sexually offending as determined by an agent 
25
 of the Department of Corrections;
26
  (14) may be required to provide a written daily log of 
 


 






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1
 activities
if directed by an agent of the Department of 
2
 Corrections;
3
  (15) comply with all other special conditions
that the 
4
 Department may impose that restrict the person from 
5
 high-risk situations and limit access to potential 
6
 victims;
7
  (16) take an annual polygraph exam;
8
  (17) maintain a log of his or her travel; or
9
  (18) obtain prior approval of his or her parole officer 
10
 before driving alone in a motor vehicle.

11
 (c) The conditions under which the parole or mandatory

12
supervised release is to be served shall be communicated to
the 
13
person in writing prior to his release, and he shall
sign the 
14
same before release. A signed copy of these conditions,

15
including a copy of an order of protection where one had been 
16
issued by the
criminal court, shall be retained by the person 
17
and another copy forwarded to
the officer in charge of his 
18
supervision.


19
 (d) After a hearing under Section 3-3-9, the Prisoner

20
Review Board may modify or enlarge the conditions of parole
or 
21
mandatory supervised release.


22
 (e) The Department shall inform all offenders committed to

23
the Department of the optional services available to them
upon 
24
release and shall assist inmates in availing themselves
of such 
25
optional services upon their release on a voluntary
basis.
26
 (f) When the subject is in compliance with all conditions 
 


 






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1
of his or her parole or mandatory supervised release, the 
2
subject shall receive a reduction of the period of his or her 
3
parole or mandatory supervised release of 90 days upon passage 
4
of the high school level Test of General Educational 
5
Development during the period of his or her parole or mandatory 
6
supervised release. This reduction in the period of a subject's 
7
term of parole or mandatory supervised release shall be 
8
available only to subjects who have not previously earned a 
9
high school diploma or who have not previously passed the high 
10
school level Test of General Educational Development.


11
(Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; 
12
94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; 
13
95-579, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 
14
95-876, eff. 8-21-08; 95-983, eff. 6-1-09; revised 10-20-08.)

15
 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
16
 (Text of Section after amendment by P.A. 95-983)
17
 Sec. 5-6-3. Conditions of Probation and of Conditional 
18
Discharge.

19
 (a) The conditions of probation and of conditional 
20
discharge shall be
that the person:


21
  (1) not violate any criminal statute of any 
22
 jurisdiction;


23
  (2) report to or appear in person before such person or 
24
 agency as
directed by the court;


25
  (3) refrain from possessing a firearm or other 
 


 






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1
 dangerous weapon;


2
  (4) not leave the State without the consent of the 
3
 court or, in
circumstances in which the reason for the 
4
 absence is of such an emergency
nature that prior consent 
5
 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 
 


 






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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 
 


 






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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 
 


 






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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 
 


 






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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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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 
 


 






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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;


 


 






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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 
 


 






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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


 


 






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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;


 


 






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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 
 


 






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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 
 


 






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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. 
 


 






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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 
 


 






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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 
 


 






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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 
 


 






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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 
 


 






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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.)



 


 






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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 
 


 






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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;


 


 






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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 
 


 






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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

 


 






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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 
 


 






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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 
 


 






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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

 


 






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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 
 


 






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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 
 


 






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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 
 


 






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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 
 


 






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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.
9
 (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.

23
 (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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1
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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1
  (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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1
 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.