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| Public Act 103-0271
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| SB0423 Enrolled | LRB103 02875 RLC 47881 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, |
represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by |
changing Sections 3-3-7, 3-3-8, 3-14-2, and 5-6-3 as follows:
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(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) |
Sec. 3-3-7. Conditions of parole or mandatory supervised |
release.
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(a) The conditions of parole or mandatory
supervised |
release shall be such as the Prisoner Review
Board deems |
necessary to assist the subject in leading a
law-abiding life. |
The conditions of every parole and mandatory
supervised |
release are that the subject:
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(1) not violate any criminal statute of any |
jurisdiction
during the parole or release term;
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(2) refrain from possessing a firearm or other |
dangerous
weapon;
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(3) report to an agent of the Department of |
Corrections;
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(4) permit the agent to visit him or her at his or her |
home, employment,
or
elsewhere to the
extent necessary for |
the agent to discharge his or her duties;
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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 |
supervised release;
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(6) secure permission before visiting or writing a |
committed person in an
Illinois Department
of Corrections |
facility;
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(7) report all arrests to an agent of the Department |
of Corrections as
soon as
permitted by the
arresting |
authority but in no event later than 24 hours after |
release from
custody and immediately report service or |
notification of an order of protection, a civil no contact |
order, or a stalking no contact order to an agent of the |
Department of Corrections;
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(7.5) if convicted of a sex offense as defined in the |
Sex Offender
Management Board Act, the individual shall |
undergo and successfully complete
sex offender treatment |
conducted in conformance with the standards developed by
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the Sex
Offender Management Board Act by a treatment |
provider approved by the Board;
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(7.6) if convicted of a sex offense as defined in the |
Sex Offender
Management Board Act, refrain from residing |
at the same address or in the same condominium unit or |
apartment unit or in the same condominium complex or |
apartment complex with another person he or she knows or |
reasonably should know is a convicted sex offender or has |
been placed on supervision for a sex offense; the |
provisions of this paragraph do not apply to a person |
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convicted of a sex offense who is placed in a Department of |
Corrections licensed transitional housing facility for sex |
offenders, or is in any facility operated or licensed by |
the Department of Children and Family Services or by the |
Department of Human Services, or is in any licensed |
medical facility;
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(7.7) if convicted for an offense that would qualify |
the accused as a sexual predator under the Sex Offender |
Registration Act on or after January 1, 2007 (the |
effective date of Public Act 94-988), wear an approved |
electronic monitoring device as defined in Section 5-8A-2 |
for the duration of the person's parole, mandatory |
supervised release term, or extended mandatory supervised |
release term and if convicted for an offense of criminal |
sexual assault, aggravated criminal sexual assault, |
predatory criminal sexual assault of a child, criminal |
sexual abuse, aggravated criminal sexual abuse, or |
ritualized abuse of a child committed on or after August |
11, 2009 (the effective date of Public Act 96-236) when |
the victim was under 18 years of age at the time of the |
commission of the offense and the defendant used force or |
the threat of force in the commission of the offense wear |
an approved electronic monitoring device as defined in |
Section 5-8A-2 that has Global Positioning System (GPS) |
capability for the duration of the person's parole, |
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 June 1, 2008 (the effective date of Public Act |
95-464) that would qualify the accused as a child sex |
offender as defined in Section 11-9.3 or 11-9.4 of the |
Criminal Code of 1961 or the Criminal Code of 2012, |
refrain from communicating with or contacting, by means of |
the Internet, a person who is not related to the accused |
and whom the accused reasonably believes to be under 18 |
years of age; for purposes of this paragraph (7.8), |
"Internet" has the meaning ascribed to it in Section |
16-0.1 of the Criminal Code of 2012; and a person is not |
related to the accused if the person is not: (i) the |
spouse, brother, or sister of the accused; (ii) a |
descendant of the accused; (iii) a first or second cousin |
of the accused; or (iv) a step-child or adopted child of |
the accused;
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(7.9)
if convicted under Section 11-6, 11-20.1, |
11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 |
or the Criminal Code of 2012, consent to search of |
computers, PDAs, cellular phones, and other devices under |
his or her control that are capable of accessing the |
Internet or storing electronic files, in order to confirm |
Internet protocol addresses reported in accordance with |
the Sex Offender Registration Act and compliance with |
conditions in this Act;
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(7.10)
if convicted for an offense that would qualify |
the accused as a sex offender or sexual predator under the |
Sex Offender Registration Act on or after June 1, 2008 |
(the effective date of Public Act 95-640), not possess |
prescription drugs for erectile dysfunction;
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(7.11) if convicted for an offense under Section 11-6, |
11-9.1, 11-14.4 that involves soliciting for a juvenile |
prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 |
of the Criminal Code of 1961 or the Criminal Code of 2012, |
or any attempt to commit any of these offenses, committed |
on or after June 1, 2009 (the effective date of Public Act |
95-983): |
(i) not access or use a computer or any other |
device with Internet capability without the prior |
written approval of the Department; |
(ii) submit to periodic unannounced examinations |
of the offender's computer or any other device with |
Internet capability by the offender's supervising |
agent, a law enforcement officer, or assigned computer |
or information technology specialist, including the |
retrieval and copying of all data from the computer or |
device and any internal or external peripherals and |
removal of such information, equipment, or device to |
conduct a more thorough inspection; |
(iii) submit to the installation on the offender's |
computer or device with Internet capability, at the |
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offender's expense, of one or more hardware or |
software systems to monitor the Internet use; and |
(iv) submit to any other appropriate restrictions |
concerning the offender's use of or access to a |
computer or any other device with Internet capability |
imposed by the Board, the Department or the offender's |
supervising agent; |
(7.12) if convicted of a sex offense as defined in the |
Sex Offender
Registration Act committed on or after |
January 1, 2010 (the effective date of Public Act 96-262), |
refrain from accessing or using a social networking |
website as defined in Section 17-0.5 of the Criminal Code |
of 2012;
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(7.13) if convicted of a sex offense as defined in |
Section 2 of the Sex Offender Registration Act committed |
on or after January 1, 2010 (the effective date of Public |
Act 96-362) that requires the person to register as a sex |
offender under that Act, may not knowingly use any |
computer scrub software on any computer that the sex |
offender uses; |
(8) obtain permission of an agent of the Department of |
Corrections before
leaving the
State of Illinois;
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(9) obtain permission of an agent of the Department of |
Corrections before
changing
his or her residence or |
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 other controlled
substances in
any form, or both, or |
any paraphernalia related to those substances and submit
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to a
urinalysis test as instructed by a parole agent of the |
Department of
Corrections if there is reasonable suspicion |
of illicit drug use and the source of the reasonable |
suspicion is documented in the Department's case |
management system;
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(12) not knowingly frequent places where controlled |
substances are illegally sold,
used,
distributed, or |
administered;
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(13) except when the association described in either |
subparagraph (A) or (B) of this paragraph (13) involves |
activities related to community programs, worship |
services, volunteering, engaging families, or some other |
pro-social activity in which there is no evidence of |
criminal intent: |
(A) not knowingly associate with other persons on |
parole or mandatory
supervised
release without prior |
written permission of his or her parole agent; or |
(B) not knowingly
associate with
persons who are |
members of an organized gang as that term is defined in |
the
Illinois
Streetgang 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 |
parole or mandatory supervised release or to his or her
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conduct
while incarcerated, in response to inquiries by |
his or her parole agent or of
the
Department of |
Corrections;
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(15) follow any specific instructions provided by the |
parole agent that
are consistent
with furthering |
conditions set and approved by the Prisoner Review Board |
or by
law,
exclusive of placement on electronic detention, |
to achieve the goals and
objectives of his
or her parole or |
mandatory supervised release or to protect the public. |
These
instructions by the parole agent may be modified at |
any time, as the agent
deems
appropriate;
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(16) if convicted of a sex offense as defined in |
subsection (a-5) of Section 3-1-2 of this Code, unless the |
offender is a parent or guardian of the person under 18 |
years of age present in the home and no non-familial |
minors are present, not participate in a holiday event |
involving children under 18 years of age, such as |
distributing candy or other items to children on |
Halloween, wearing a Santa Claus costume on or preceding |
Christmas, being employed as a department store Santa |
Claus, or wearing an Easter Bunny costume on or preceding |
Easter; |
(17) if convicted of a violation of an order of |
protection under Section 12-3.4 or Section 12-30 of the |
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Criminal Code of 1961 or the Criminal Code of 2012, be |
placed under electronic surveillance as provided in |
Section 5-8A-7 of this Code; |
(18) comply with the terms and conditions of an order |
of protection issued pursuant to the Illinois Domestic |
Violence Act of 1986; an order of protection issued by the |
court of another state, tribe, or United States territory; |
a no contact order issued pursuant to the Civil No Contact |
Order Act; or a no contact order issued pursuant to the |
Stalking No Contact Order Act; |
(19) if convicted of a violation of the |
Methamphetamine Control and Community Protection Act, the |
Methamphetamine
Precursor Control Act, or a |
methamphetamine related offense, be: |
(A) prohibited from purchasing, possessing, or |
having under his or her control any product containing |
pseudoephedrine unless prescribed by a physician; and |
(B) prohibited from purchasing, possessing, or |
having under his or her control any product containing |
ammonium nitrate; |
(20) if convicted of a hate crime under Section 12-7.1 |
of the Criminal Code of 2012, perform public or community |
service of no less than 200 hours and enroll in an
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educational program discouraging hate crimes involving the |
protected class
identified in subsection (a) of Section |
12-7.1 of the Criminal Code of 2012 that gave rise to the |
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offense the offender committed ordered by the court; and |
(21) be evaluated by the Department of Corrections |
prior to release using a validated risk assessment and be |
subject to a corresponding level of supervision. In |
accordance with the findings of that evaluation: |
(A) All subjects found to be at a moderate or high |
risk to recidivate, or on parole or mandatory |
supervised release for first degree murder, a forcible |
felony as defined in Section 2-8 of the Criminal Code |
of 2012, any felony that requires registration as a |
sex offender under the Sex Offender Registration Act, |
or a Class X felony or Class 1 felony that is not a |
violation of the Cannabis Control Act, the Illinois |
Controlled Substances Act, or the Methamphetamine |
Control and Community Protection Act, shall be subject |
to high level supervision. The Department shall define |
high level supervision based upon evidence-based and |
research-based practices. Notwithstanding this |
placement on high level supervision, placement of the |
subject on electronic monitoring or detention shall |
not occur unless it is required by law or expressly |
ordered or approved by the Prisoner Review Board. |
(B) All subjects found to be at a low risk to |
recidivate shall be subject to low-level supervision, |
except for those subjects on parole or mandatory |
supervised release for first degree murder, a forcible |
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felony as defined in Section 2-8 of the Criminal Code |
of 2012, any felony that requires registration as a |
sex offender under the Sex Offender Registration Act, |
or a Class X felony or Class 1 felony that is not a |
violation of the Cannabis Control Act, the Illinois |
Controlled Substances Act, or the Methamphetamine |
Control and Community Protection Act. Low level |
supervision shall require the subject to check in with |
the supervising officer via phone or other electronic |
means. Notwithstanding this placement on low level |
supervision, placement of the subject on electronic |
monitoring or detention shall not occur unless it is |
required by law or expressly ordered or approved by |
the Prisoner Review Board. |
(b) The Board may after making an individualized |
assessment pursuant to subsection (a) of Section 3-14-2 in |
addition to other conditions
require that the subject:
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(1) work or pursue a course of study or vocational |
training;
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(2) undergo medical or psychiatric treatment, or |
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 or her dependents;
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(5) (blank);
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(6) (blank);
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(7) (blank);
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(7.5) if convicted for an offense committed on or |
after the effective date of this amendatory Act of the |
95th General Assembly that would qualify the accused as a |
child sex offender as defined in Section 11-9.3 or 11-9.4 |
of the Criminal Code of 1961 or the Criminal Code of 2012, |
refrain from communicating with or contacting, by means of |
the Internet, a person who is related to the accused and |
whom the accused reasonably believes to be under 18 years |
of age; for purposes of this paragraph (7.5), "Internet" |
has the meaning ascribed to it in Section 16-0.1 of the |
Criminal Code of 2012; and a person is related to the |
accused if the person is: (i) the spouse, brother, or |
sister of the accused; (ii) a descendant of the accused; |
(iii) a first or second cousin of the accused; or (iv) a |
step-child or adopted child of the accused; |
(7.6) if convicted for an offense committed on or |
after June 1, 2009 (the effective date of Public Act |
95-983) that would qualify as a sex offense as defined in |
the Sex Offender Registration Act: |
(i) not access or use a computer or any other |
device with Internet capability without the prior |
written approval of the Department; |
(ii) submit to periodic unannounced examinations |
of the offender's computer or any other device with |
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Internet capability by the offender's supervising |
agent, a law enforcement officer, or assigned computer |
or information technology specialist, including the |
retrieval and copying of all data from the computer or |
device and any internal or external peripherals and |
removal of such information, equipment, or device to |
conduct a more thorough inspection; |
(iii) submit to the installation on the offender's |
computer or device with Internet capability, at the |
offender's expense, of one or more hardware or |
software systems to monitor the Internet use; and |
(iv) submit to any other appropriate restrictions |
concerning the offender's use of or access to a |
computer or any other device with Internet capability |
imposed by the Board, the Department or the offender's |
supervising agent; and
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(8) (blank). in addition, if a minor:
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(i) reside with his or her 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; |
or
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(iv) contribute to his or her own support at home |
or in a foster
home.
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(b-1) In addition to the conditions set forth in |
subsections (a) and (b), persons required to register as sex |
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offenders pursuant to the Sex Offender Registration Act, upon |
release from the custody of the Illinois Department of |
Corrections, may be required by the Board to comply with the |
following specific conditions of release following an |
individualized assessment pursuant to subsection (a) of |
Section 3-14-2: |
(1) reside only at a Department approved location; |
(2) comply with all requirements of the Sex Offender |
Registration Act;
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(3) notify
third parties of the risks that may be |
occasioned by his or her criminal record; |
(4) obtain the approval of an agent of the Department |
of Corrections prior to accepting employment or pursuing a |
course of study or vocational training and notify the |
Department prior to any change in employment, study, or |
training; |
(5) not be employed or participate in any
volunteer |
activity that involves contact with children, except under |
circumstances approved in advance and in writing by an |
agent of the Department of Corrections; |
(6) be electronically monitored for a minimum of 12 |
months from the date of release as determined by the |
Board;
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(7) refrain from entering into a designated
geographic |
area except upon terms approved in advance by an agent of |
the Department of Corrections. The terms may include |
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consideration of the purpose of the entry, the time of |
day, and others accompanying the person; |
(8) refrain from having any contact, including
written |
or oral communications, directly or indirectly, personally |
or by telephone, letter, or through a third party with |
certain specified persons including, but not limited to, |
the victim or the victim's family without the prior |
written approval of an agent of the Department of |
Corrections; |
(9) refrain from all contact, directly or
indirectly, |
personally, by telephone, letter, or through a third |
party, with minor children without prior identification |
and approval of an agent of the Department of Corrections; |
(10) neither possess or have under his or her
control |
any material that is sexually oriented, sexually |
stimulating, or that shows male or female sex organs or |
any pictures depicting children under 18 years of age nude |
or any written or audio material describing sexual |
intercourse or that depicts or alludes to sexual activity, |
including but not limited to visual, auditory, telephonic, |
or electronic media, or any matter obtained through access |
to any computer or material linked to computer access use; |
(11) not patronize any business providing
sexually |
stimulating or sexually oriented entertainment nor utilize |
"900" or adult telephone numbers; |
(12) not reside near, visit, or be in or about
parks, |
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schools, day care centers, swimming pools, beaches, |
theaters, or any other places where minor children |
congregate without advance approval of an agent of the |
Department of Corrections and immediately report any |
incidental contact with minor children to the Department; |
(13) not possess or have under his or her control
|
certain specified items of contraband related to the |
incidence of sexually offending as determined by an agent |
of the Department of Corrections; |
(14) may be required to provide a written daily log of |
activities
if directed by an agent of the Department of |
Corrections; |
(15) comply with all other special conditions
that the |
Department may impose that restrict the person from |
high-risk situations and limit access to potential |
victims; |
(16) take an annual polygraph exam; |
(17) maintain a log of his or her travel; or |
(18) obtain prior approval of his or her parole |
officer before driving alone in a motor vehicle.
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(c) The conditions under which the parole or mandatory
|
supervised release is to be served shall be communicated to
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the person in writing prior to his or her release, and he or |
she shall
sign the same before release. A signed copy of these |
conditions,
including a copy of an order of protection where |
one had been issued by the
criminal court, shall be retained by |
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the person and another copy forwarded to
the officer in charge |
of his or her supervision.
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(d) After a hearing under Section 3-3-9, the Prisoner
|
Review Board may modify or enlarge the conditions of parole
or |
mandatory supervised release.
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(e) The Department shall inform all offenders committed to
|
the Department of the optional services available to them
upon |
release and shall assist inmates in availing themselves
of |
such optional services upon their release on a voluntary
|
basis. |
(f) (Blank).
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(Source: P.A. 100-201, eff. 8-18-17; 100-260, eff. 1-1-18; |
100-575, eff. 1-8-18; 101-382, eff. 8-16-19.)
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(730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
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Sec. 3-3-8. Length of parole and mandatory supervised
|
release; discharge. |
(a) The length of parole
for a person sentenced under the |
law in effect prior to
the effective date of this amendatory |
Act of 1977 and the
length of mandatory supervised release for |
those sentenced
under the law in effect on and after such |
effective date
shall be as set out in Section 5-8-1 unless |
sooner terminated
under paragraph (b) of this Section.
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(b) The Prisoner Review Board may enter an order
releasing |
and discharging one from parole or mandatory
supervised |
release, and his or her commitment to the Department,
when it |
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determines that he or she is likely to remain at liberty
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without committing another offense.
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(b-1) Provided that the subject is in compliance with the |
terms and conditions of his or her parole or mandatory |
supervised release, the Prisoner Review Board shall may reduce |
the period of a parolee or releasee's parole or mandatory |
supervised release by 90 days upon the parolee or releasee |
receiving a high school diploma, associate's degree, |
bachelor's degree, career certificate, or vocational technical |
certification or upon passage of high school equivalency |
testing during the period of his or her parole or mandatory |
supervised release. A parolee or releasee shall provide |
documentation from the educational institution or the source |
of the qualifying educational or vocational credential to |
their supervising officer for verification. Each This |
reduction in the period of a subject's term of parole or |
mandatory supervised release shall be available only to |
subjects who have not previously earned the relevant |
credential for which they are receiving the reduction a high |
school diploma or who have not previously passed high school |
equivalency testing. As used in this Section, "career |
certificate" means a certificate awarded by an institution for |
satisfactory completion of a prescribed curriculum that is |
intended to prepare an individual for employment in a specific |
field. |
(b-2) The Prisoner Review Board may release a low-risk and |
|
need subject person from mandatory supervised release as |
determined by an appropriate evidence-based risk and need |
assessment. |
(c) The order of discharge shall become effective upon |
entry of the
order of the Board. The Board shall notify the |
clerk of the committing
court of the order. Upon receipt of |
such copy, the clerk shall make an
entry on the record judgment |
that the sentence or commitment has been
satisfied pursuant to |
the order.
|
(d) Rights of the person discharged under this
Section |
shall be restored under Section 5-5-5.
|
(e) Upon a denial of early discharge under this Section, |
the Prisoner Review Board shall provide the person on parole |
or mandatory supervised release a list of steps or |
requirements that the person must complete or meet to be |
granted an early discharge at a subsequent review and share |
the process for seeking a subsequent early discharge review |
under this subsection. Upon the completion of such steps or |
requirements, the person on parole or mandatory supervised |
release may petition the Prisoner Review Board to grant them |
an early discharge review. Within no more than 30 days of a |
petition under this subsection, the Prisoner Review Board |
shall review the petition and make a determination. |
(Source: P.A. 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 100-3, |
eff. 1-1-18.)
|
|
(730 ILCS 5/3-14-2) (from Ch. 38, par. 1003-14-2)
|
Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
|
Release and Release by Statute.
|
(a) The Department shall retain custody of all persons |
placed on
parole or mandatory supervised release or released |
pursuant to Section
3-3-10 of this Code and shall supervise |
such persons during
their parole or release period in accord |
with the conditions set by the
Prisoner Review Board. When |
setting conditions, the Prisoner Review Board shall make an |
individualized assessment as to what conditions are |
appropriate based on the risk and needs assessment, program |
participation and completion, assignment history while |
incarcerated, and behavior history during the period of the |
incarceration and involve only such deprivations of liberty or |
property as are reasonably necessary to protect the public |
from the person's conduct in the underlying conviction or |
violation. In determining conditions, the Prisoner Review |
Board shall also consider the reasonableness of imposing |
additional conditions on the person and the extent to which |
the conditions impact the person's work, education, community |
service, financial, and family caregiving obligations. Such |
conditions shall include referral to an
alcohol or drug abuse |
treatment program, as appropriate, if such person has
|
previously been identified as having an alcohol or drug abuse |
problem.
Such conditions may include that the person use an |
approved electronic
monitoring device subject to Article 8A of |
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Chapter V.
|
(b) The Department shall assign personnel to assist |
persons eligible
for parole in preparing a parole plan. Such |
Department personnel shall
make a report of their efforts and |
findings to the Prisoner Review
Board prior to its |
consideration of the case of such eligible person.
|
(c) A copy of the conditions of his parole or release shall |
be
signed by the parolee or releasee and given to him and to |
his
supervising officer who shall report on his progress under |
the rules and
regulations of the Prisoner Review Board. The |
supervising officer
shall report violations to the Prisoner |
Review Board and shall have
the full power of peace officers in |
the arrest and retaking of any
parolees or releasees or the |
officer may request the Department to issue
a warrant for the |
arrest of any parolee or releasee who has allegedly
violated |
his parole or release conditions. |
(c-1) The supervising officer shall request the Department |
to issue a parole violation warrant, and the Department shall |
issue a parole violation warrant, under the following |
circumstances: |
(1) if the parolee or releasee
commits an act that |
constitutes a felony using a firearm or knife, |
(2) if applicable, fails to comply with the |
requirements of the Sex Offender Registration Act, |
(3) if the parolee or releasee is charged with: |
(A) a felony offense of domestic battery under |
|
Section 12-3.2 of the Criminal Code of 1961 or the |
Criminal Code of 2012, |
(B) aggravated domestic battery under Section |
12-3.3 of the Criminal Code of 1961 or the Criminal |
Code of 2012, |
(C) stalking under Section 12-7.3 of the Criminal |
Code of 1961 or the Criminal Code of 2012, |
(D) aggravated stalking under Section 12-7.4 of |
the Criminal Code of 1961 or the Criminal Code of 2012, |
(E) violation of an order of protection under |
Section 12-3.4 or 12-30 of the Criminal Code of 1961 or |
the Criminal Code of 2012, or |
(F) any offense that would require registration as |
a sex offender under the Sex Offender Registration |
Act, or |
(4) if the parolee or releasee
is on parole or |
mandatory supervised release for a murder, a Class X |
felony or a Class 1 felony violation of the Criminal Code |
of 1961 or the Criminal Code of 2012, or any felony that |
requires registration as a sex offender under the Sex |
Offender Registration Act and commits an act that |
constitutes first degree murder, a Class X felony, a Class |
1 felony, a Class 2 felony, or a Class 3 felony. |
A
sheriff or other peace officer may detain an alleged |
parole or release
violator until a warrant for his return to |
the Department can be issued.
The parolee or releasee may be |
|
delivered to any secure place until he can
be transported to |
the Department. The officer or the Department shall file a |
violation report with notice of charges with the Prisoner |
Review Board.
|
(d) The supervising officer shall regularly advise and |
consult with
the parolee or releasee, assist him in adjusting |
to community life,
inform him of the restoration of his rights |
on successful completion of
sentence under Section 5-5-5, and |
provide the parolee or releasee with an electronic copy of the |
Department of Corrections system of graduated responses as set |
forth under subparagraph (D) of paragraph (1) of subsection |
(b) of Section 10 of the Illinois Crime Reduction Act of 2009 |
and any sanctions matrix based on that system. If the parolee |
or releasee has been convicted of a sex offense as defined in |
the Sex Offender
Management Board Act, the supervising officer |
shall periodically, but not less than once a month, verify |
that the parolee or releasee is in compliance with paragraph |
(7.6) of subsection (a) of Section 3-3-7.
|
(d-1) At least once every 6 months, the supervising |
officer of a parolee or releasee shall review the case of the |
parolee or releasee to assess the parolee's or releasee's |
progress and suitability for early discharge under subsection |
(b) of Section 3-3-8 and provide a recommendation for either |
early discharge or the continuation of parole or mandatory |
supervised release as previously ordered. The recommendation |
and the rationale for the recommendation shall be noted in the |
|
Department's case management system. Within 30 days of |
receiving the supervising officer's recommendation, the |
Department shall provide a copy of the final recommendation, |
in writing or electronically, to the Prisoner Review Board and |
to the parolee or releasee. If an early discharge |
recommendation was not provided, the supervising officer shall |
share the list of steps or requirements that the person must |
complete or meet to be granted an early discharge |
recommendation at a subsequent review under agency guidelines. |
The Department shall develop guidelines and policies to |
support the regular review of parolees and releasees for early |
discharge consideration and the timely notification of the |
Prisoner Review Board when early discharge is recommended. |
(d-2) Supervising officers shall schedule meetings, which |
are required under paragraph (3) of subsection (a) of Section |
3-3-7 as a condition of parole or mandatory supervised |
release, at such times and locations that take into |
consideration the medical needs, caregiving obligations, and |
work schedule of a parolee or releasee. |
(d-3) To comply with the provisions of subsection (d-2), |
in lieu of requiring the parolee or releasee to appear in |
person for the required reporting or meetings, supervising |
officers may utilize technology, including cellular and other |
electronic communication devices or platforms, that allows for |
communication between the supervised individual and the |
supervising officer. |
|
(e) Supervising officers shall receive specialized |
training in the
special needs of female releasees or parolees |
including the family
reunification process.
|
(f) The supervising officer shall keep such records as the
|
Prisoner Review Board or Department may require. All records |
shall be
entered in the master file of the individual.
|
(Source: P.A. 96-282, eff. 1-1-10; 96-1447, eff. 8-20-10; |
97-389, eff. 8-15-11; 97-1150, eff. 1-25-13.)
|
(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) |
Sec. 5-6-3. Conditions of probation and of conditional |
discharge.
|
(a) The conditions of probation and of conditional |
discharge shall be
that the person:
|
(1) not violate any criminal statute of any |
jurisdiction;
|
(2) report to or appear in person before such person |
or agency as
directed by the court. To comply with the |
provisions of this paragraph (2), in lieu of requiring the |
person on probation or conditional discharge to appear in |
person for the required reporting or meetings, the officer |
may utilize technology, including cellular and other |
electronic communication devices or platforms, that allow |
for communication between the supervised person and the |
officer in accordance with standards and guidelines |
established by the Administrative Office of the Illinois |
|
Courts;
|
(3) refrain from possessing a firearm or other |
dangerous weapon where the offense is a felony or, if a |
misdemeanor, the offense involved the intentional or |
knowing infliction of bodily harm or threat of bodily |
harm;
|
(4) not leave the State without the consent of the |
court or, in
circumstances in which the reason for the |
absence is of such an emergency
nature that prior consent |
by the court is not possible, without the prior
|
notification and approval of the person's probation
|
officer. Transfer of a person's probation or conditional |
discharge
supervision to another state is subject to |
acceptance by the other state
pursuant to the Interstate |
Compact for Adult Offender Supervision;
|
(5) permit the probation officer to visit
him at his |
home or elsewhere
to the extent necessary to discharge his |
duties;
|
(6) perform no less than 30 hours of community service |
and not more than
120 hours of community service, if |
community service is available in the
jurisdiction and is |
funded and approved by the county board where the offense
|
was committed, where the offense was related to or in |
furtherance of the
criminal activities of an organized |
gang and was motivated by the offender's
membership in or |
allegiance to an organized gang. The community service |
|
shall
include, but not be limited to, the cleanup and |
repair of any damage caused by
a violation of Section |
21-1.3 of the Criminal Code of 1961 or the Criminal Code of |
2012 and similar damage
to property located within the |
municipality or county in which the violation
occurred. |
When possible and reasonable, the community service should |
be
performed in the offender's neighborhood. For purposes |
of this Section,
"organized gang" has the meaning ascribed |
to it in Section 10 of the Illinois
Streetgang Terrorism |
Omnibus Prevention Act. The court may give credit toward |
the fulfillment of community service hours for |
participation in activities and treatment as determined by |
court services;
|
(7) if he or she is at least 17 years of age and has |
been sentenced to
probation or conditional discharge for a |
misdemeanor or felony in a county of
3,000,000 or more |
inhabitants and has not been previously convicted of a
|
misdemeanor or felony, may be required by the sentencing |
court to attend
educational courses designed to prepare |
the defendant for a high school diploma
and to work toward |
a high school diploma or to work toward passing high |
school equivalency testing or to work toward
completing a |
vocational training program approved by the court. The |
person on
probation or conditional discharge must attend a |
public institution of
education to obtain the educational |
or vocational training required by this paragraph
(7). The |
|
court shall revoke the probation or conditional discharge |
of a
person who willfully fails to comply with this |
paragraph (7). The person on
probation or conditional |
discharge shall be required to pay for the cost of the
|
educational courses or high school equivalency testing if |
a fee is charged for those courses or testing. The court |
shall resentence the offender whose probation or |
conditional
discharge has been revoked as provided in |
Section 5-6-4. This paragraph (7) does
not apply to a |
person who has a high school diploma or has successfully |
passed high school equivalency testing. This paragraph (7) |
does not apply to a person who is determined by
the court |
to be a person with a developmental disability or |
otherwise mentally incapable of
completing the educational |
or vocational program;
|
(8) if convicted of possession of a substance |
prohibited
by the Cannabis Control Act, the Illinois |
Controlled Substances Act, or the Methamphetamine Control |
and Community Protection Act
after a previous conviction |
or disposition of supervision for possession of a
|
substance prohibited by the Cannabis Control Act or |
Illinois Controlled
Substances Act or after a sentence of |
probation under Section 10 of the
Cannabis
Control Act, |
Section 410 of the Illinois Controlled Substances Act, or |
Section 70 of the Methamphetamine Control and Community |
Protection Act and upon a
finding by the court that the |
|
person is addicted, undergo treatment at a
substance abuse |
program approved by the court;
|
(8.5) if convicted of a felony sex offense as defined |
in the Sex
Offender
Management Board Act, the person shall |
undergo and successfully complete sex
offender treatment |
by a treatment provider approved by the Board and |
conducted
in conformance with the standards developed |
under the Sex
Offender Management Board Act;
|
(8.6) if convicted of a sex offense as defined in the |
Sex Offender Management Board Act, refrain from residing |
at the same address or in the same condominium unit or |
apartment unit or in the same condominium complex or |
apartment complex with another person he or she knows or |
reasonably should know is a convicted sex offender or has |
been placed on supervision for a sex offense; the |
provisions of this paragraph do not apply to a person |
convicted of a sex offense who is placed in a Department of |
Corrections licensed transitional housing facility for sex |
offenders; |
(8.7) if convicted for an offense committed on or |
after June 1, 2008 (the effective date of Public Act |
95-464) that would qualify the accused as a child sex |
offender as defined in Section 11-9.3 or 11-9.4 of the |
Criminal Code of 1961 or the Criminal Code of 2012, |
refrain from communicating with or contacting, by means of |
the Internet, a person who is not related to the accused |
|
and whom the accused reasonably believes to be under 18 |
years of age; for purposes of this paragraph (8.7), |
"Internet" has the meaning ascribed to it in Section |
16-0.1 of the Criminal Code of 2012; and a person is not |
related to the accused if the person is not: (i) the |
spouse, brother, or sister of the accused; (ii) a |
descendant of the accused; (iii) a first or second cousin |
of the accused; or (iv) a step-child or adopted child of |
the accused; |
(8.8) if convicted for an offense under Section 11-6, |
11-9.1, 11-14.4 that involves soliciting for a juvenile |
prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 |
of the Criminal Code of 1961 or the Criminal Code of 2012, |
or any attempt to commit any of these offenses, committed |
on or after June 1, 2009 (the effective date of Public Act |
95-983): |
(i) not access or use a computer or any other |
device with Internet capability without the prior |
written approval of the offender's probation officer, |
except in connection with the offender's employment or |
search for employment with the prior approval of the |
offender's probation officer; |
(ii) submit to periodic unannounced examinations |
of the offender's computer or any other device with |
Internet capability by the offender's probation |
officer, a law enforcement officer, or assigned |
|
computer or information technology specialist, |
including the retrieval and copying of all data from |
the computer or device and any internal or external |
peripherals and removal of such information, |
equipment, or device to conduct a more thorough |
inspection; |
(iii) submit to the installation on the offender's |
computer or device with Internet capability, at the |
offender's expense, of one or more hardware or |
software systems to monitor the Internet use; and |
(iv) submit to any other appropriate restrictions |
concerning the offender's use of or access to a |
computer or any other device with Internet capability |
imposed by the offender's probation officer; |
(8.9) if convicted of a sex offense as defined in the |
Sex Offender
Registration Act committed on or after |
January 1, 2010 (the effective date of Public Act 96-262), |
refrain from accessing or using a social networking |
website as defined in Section 17-0.5 of the Criminal Code |
of 2012;
|
(9) if convicted of a felony or of any misdemeanor |
violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or |
12-3.5 of the Criminal Code of 1961 or the Criminal Code of |
2012 that was determined, pursuant to Section 112A-11.1 of |
the Code of Criminal Procedure of 1963, to trigger the |
prohibitions of 18 U.S.C. 922(g)(9), physically surrender |
|
at a time and place
designated by the court, his or her |
Firearm
Owner's Identification Card and
any and all |
firearms in
his or her possession. The Court shall return |
to the Illinois State Police Firearm Owner's |
Identification Card Office the person's Firearm Owner's |
Identification Card;
|
(10) if convicted of a sex offense as defined in |
subsection (a-5) of Section 3-1-2 of this Code, unless the |
offender is a parent or guardian of the person under 18 |
years of age present in the home and no non-familial |
minors are present, not participate in a holiday event |
involving children under 18 years of age, such as |
distributing candy or other items to children on |
Halloween, wearing a Santa Claus costume on or preceding |
Christmas, being employed as a department store Santa |
Claus, or wearing an Easter Bunny costume on or preceding |
Easter; |
(11) if convicted of a sex offense as defined in |
Section 2 of the Sex Offender Registration Act committed |
on or after January 1, 2010 (the effective date of Public |
Act 96-362) that requires the person to register as a sex |
offender under that Act, may not knowingly use any |
computer scrub software on any computer that the sex |
offender uses; |
(12) if convicted of a violation of the |
Methamphetamine Control and Community Protection Act, the |
|
Methamphetamine
Precursor Control Act, or a |
methamphetamine related offense: |
(A) prohibited from purchasing, possessing, or |
having under his or her control any product containing |
pseudoephedrine unless prescribed by a physician; and |
(B) prohibited from purchasing, possessing, or |
having under his or her control any product containing |
ammonium nitrate; and |
(13) if convicted of a hate crime involving the |
protected class identified in subsection (a) of Section |
12-7.1 of the Criminal Code of 2012 that gave rise to the |
offense the offender committed, perform public or |
community service of no less than 200 hours and enroll in |
an educational program discouraging hate crimes that |
includes racial, ethnic, and cultural sensitivity training |
ordered by the court. |
(b) The Court may in addition to other reasonable |
conditions relating to the
nature of the offense or the |
rehabilitation of the defendant as determined for
each |
defendant in the proper discretion of the Court require that |
the person:
|
(1) serve a term of periodic imprisonment under |
Article 7 for a
period not to exceed that specified in |
paragraph (d) of Section 5-7-1;
|
(2) pay a fine and costs;
|
(3) work or pursue a course of study or vocational |
|
training;
|
(4) undergo medical, psychological or psychiatric |
treatment; or treatment
for drug addiction or alcoholism;
|
(5) attend or reside in a facility established for the |
instruction
or residence of defendants on probation;
|
(6) support his dependents;
|
(7) and in addition, if a minor:
|
(i) reside with his parents or in a foster home;
|
(ii) attend school;
|
(iii) attend a non-residential program for youth;
|
(iv) contribute to his own support at home or in a |
foster home;
|
(v) with the consent of the superintendent of the
|
facility, attend an educational program at a facility |
other than the school
in which the
offense was |
committed if he
or she is convicted of a crime of |
violence as
defined in
Section 2 of the Crime Victims |
Compensation Act committed in a school, on the
real
|
property
comprising a school, or within 1,000 feet of |
the real property comprising a
school;
|
(8) make restitution as provided in Section 5-5-6 of |
this Code;
|
(9) perform some reasonable public or community |
service;
|
(10) serve a term of home confinement. In addition to |
any other
applicable condition of probation or conditional |
|
discharge, the
conditions of home confinement shall be |
that the offender:
|
(i) remain within the interior premises of the |
place designated for
his confinement during the hours |
designated by the court;
|
(ii) admit any person or agent designated by the |
court into the
offender's place of confinement at any |
time for purposes of verifying
the offender's |
compliance with the conditions of his confinement; and
|
(iii) if further deemed necessary by the court or |
the
Probation or
Court Services Department, be placed |
on an approved
electronic monitoring device, subject |
to Article 8A of Chapter V;
|
(iv) for persons convicted of any alcohol, |
cannabis or controlled
substance violation who are |
placed on an approved monitoring device as a
condition |
of probation or conditional discharge, the court shall |
impose a
reasonable fee for each day of the use of the |
device, as established by the
county board in |
subsection (g) of this Section, unless after |
determining the
inability of the offender to pay the |
fee, the court assesses a lesser fee or no
fee as the |
case may be. This fee shall be imposed in addition to |
the fees
imposed under subsections (g) and (i) of this |
Section. The fee shall be
collected by the clerk of the |
circuit court, except as provided in an administrative |
|
order of the Chief Judge of the circuit court. The |
clerk of the circuit
court shall pay all monies |
collected from this fee to the county treasurer
for |
deposit in the substance abuse services fund under |
Section 5-1086.1 of
the Counties Code, except as |
provided in an administrative order of the Chief Judge |
of the circuit court. |
The Chief Judge of the circuit court of the county |
may by administrative order establish a program for |
electronic monitoring of offenders, in which a vendor |
supplies and monitors the operation of the electronic |
monitoring device, and collects the fees on behalf of |
the county. The program shall include provisions for |
indigent offenders and the collection of unpaid fees. |
The program shall not unduly burden the offender and |
shall be subject to review by the Chief Judge. |
The Chief Judge of the circuit court may suspend |
any additional charges or fees for late payment, |
interest, or damage to any device; and
|
(v) for persons convicted of offenses other than |
those referenced in
clause (iv) above and who are |
placed on an approved monitoring device as a
condition |
of probation or conditional discharge, the court shall |
impose
a reasonable fee for each day of the use of the |
device, as established by the
county board in |
subsection (g) of this Section, unless after |
|
determining the
inability of the defendant to pay the |
fee, the court assesses a lesser fee or
no fee as the |
case may be. This fee shall be imposed in addition to |
the fees
imposed under subsections (g) and (i) of this |
Section. The fee
shall be collected by the clerk of the |
circuit court, except as provided in an administrative |
order of the Chief Judge of the circuit court. The |
clerk of the circuit
court shall pay all monies |
collected from this fee
to the county treasurer who |
shall use the monies collected to defray the
costs of |
corrections. The county treasurer shall deposit the |
fee
collected in the probation and court services |
fund.
The Chief Judge of the circuit court of the |
county may by administrative order establish a program |
for electronic monitoring of offenders, in which a |
vendor supplies and monitors the operation of the |
electronic monitoring device, and collects the fees on |
behalf of the county. The program shall include |
provisions for indigent offenders and the collection |
of unpaid fees. The program shall not unduly burden |
the offender and shall be subject to review by the |
Chief Judge.
|
The Chief Judge of the circuit court may suspend |
any additional charges or fees for late payment, |
interest, or damage to any device. |
(11) comply with the terms and conditions of an order |
|
of protection issued
by the court pursuant to the Illinois |
Domestic Violence Act of 1986,
as now or hereafter |
amended, or an order of protection issued by the court of
|
another state, tribe, or United States territory. A copy |
of the order of
protection shall be
transmitted to the |
probation officer or agency
having responsibility for the |
case;
|
(12) reimburse any "local anti-crime program" as |
defined in Section 7
of the Anti-Crime Advisory Council |
Act for any reasonable expenses incurred
by the program on |
the offender's case, not to exceed the maximum amount of
|
the fine authorized for the offense for which the |
defendant was sentenced;
|
(13) contribute a reasonable sum of money, not to |
exceed the maximum
amount of the fine authorized for the
|
offense for which the defendant was sentenced, (i) to a |
"local anti-crime
program", as defined in Section 7 of the |
Anti-Crime Advisory Council Act, or (ii) for offenses |
under the jurisdiction of the Department of Natural |
Resources, to the fund established by the Department of |
Natural Resources for the purchase of evidence for |
investigation purposes and to conduct investigations as |
outlined in Section 805-105 of the Department of Natural |
Resources (Conservation) Law;
|
(14) refrain from entering into a designated |
geographic area except upon
such terms as the court finds |
|
appropriate. Such terms may include
consideration of the |
purpose of the entry, the time of day, other persons
|
accompanying the defendant, and advance approval by a
|
probation officer, if
the defendant has been placed on |
probation or advance approval by the
court, if the |
defendant was placed on conditional discharge;
|
(15) refrain from having any contact, directly or |
indirectly, with
certain specified persons or particular |
types of persons, including but not
limited to members of |
street gangs and drug users or dealers;
|
(16) refrain from having in his or her body the |
presence of any illicit
drug prohibited by the Cannabis |
Control Act, the Illinois Controlled
Substances Act, or |
the Methamphetamine Control and Community Protection Act, |
unless prescribed by a physician, and submit samples of
|
his or her blood or urine or both for tests to determine |
the presence of any
illicit drug;
|
(17) if convicted for an offense committed on or after |
June 1, 2008 (the effective date of Public Act 95-464) |
that would qualify the accused as a child sex offender as |
defined in Section 11-9.3 or 11-9.4 of the Criminal Code |
of 1961 or the Criminal Code of 2012, refrain from |
communicating with or contacting, by means of the |
Internet, a person who is related to the accused and whom |
the accused reasonably believes to be under 18 years of |
age; for purposes of this paragraph (17), "Internet" has |
|
the meaning ascribed to it in Section 16-0.1 of the |
Criminal Code of 2012; and a person is related to the |
accused if the person is: (i) the spouse, brother, or |
sister of the accused; (ii) a descendant of the accused; |
(iii) a first or second cousin of the accused; or (iv) a |
step-child or adopted child of the accused; |
(18) if convicted for an offense committed on or after |
June 1, 2009 (the effective date of Public Act 95-983) |
that would qualify as a sex offense as defined in the Sex |
Offender Registration Act: |
(i) not access or use a computer or any other |
device with Internet capability without the prior |
written approval of the offender's probation officer, |
except in connection with the offender's employment or |
search for employment with the prior approval of the |
offender's probation officer; |
(ii) submit to periodic unannounced examinations |
of the offender's computer or any other device with |
Internet capability by the offender's probation |
officer, a law enforcement officer, or assigned |
computer or information technology specialist, |
including the retrieval and copying of all data from |
the computer or device and any internal or external |
peripherals and removal of such information, |
equipment, or device to conduct a more thorough |
inspection; |
|
(iii) submit to the installation on the offender's |
computer or device with Internet capability, at the |
subject's expense, of one or more hardware or software |
systems to monitor the Internet use; and |
(iv) submit to any other appropriate restrictions |
concerning the offender's use of or access to a |
computer or any other device with Internet capability |
imposed by the offender's probation officer; and |
(19) refrain from possessing a firearm or other |
dangerous weapon where the offense is a misdemeanor that |
did not involve the intentional or knowing infliction of |
bodily harm or threat of bodily harm. |
(c) The court may as a condition of probation or of |
conditional
discharge require that a person under 18 years of |
age found guilty of any
alcohol, cannabis or controlled |
substance violation, refrain from acquiring
a driver's license |
during
the period of probation or conditional discharge. If |
such person
is in possession of a permit or license, the court |
may require that
the minor refrain from driving or operating |
any motor vehicle during the
period of probation or |
conditional discharge, except as may be necessary in
the |
course of the minor's lawful employment.
|
(d) An offender sentenced to probation or to conditional |
discharge
shall be given a certificate setting forth the |
conditions thereof.
|
(e) Except where the offender has committed a fourth or |
|
subsequent
violation of subsection (c) of Section 6-303 of the |
Illinois Vehicle Code,
the court shall not require as a |
condition of the sentence of
probation or conditional |
discharge that the offender be committed to a
period of |
imprisonment in excess of 6 months.
This 6-month limit shall |
not include periods of confinement given pursuant to
a |
sentence of county impact incarceration under Section 5-8-1.2.
|
Persons committed to imprisonment as a condition of |
probation or
conditional discharge shall not be committed to |
the Department of
Corrections.
|
(f) The court may combine a sentence of periodic |
imprisonment under
Article 7 or a sentence to a county impact |
incarceration program under
Article 8 with a sentence of |
probation or conditional discharge.
|
(g) An offender sentenced to probation or to conditional |
discharge and
who during the term of either undergoes |
mandatory drug or alcohol testing,
or both, or is assigned to |
be placed on an approved electronic monitoring
device, shall |
be ordered to pay all costs incidental to such mandatory drug
|
or alcohol testing, or both, and all costs
incidental to such |
approved electronic monitoring in accordance with the
|
defendant's ability to pay those costs. The county board with
|
the concurrence of the Chief Judge of the judicial
circuit in |
which the county is located shall establish reasonable fees |
for
the cost of maintenance, testing, and incidental expenses |
related to the
mandatory drug or alcohol testing, or both, and |
|
all costs incidental to
approved electronic monitoring, |
involved in a successful probation program
for the county. The |
concurrence of the Chief Judge shall be in the form of
an |
administrative order.
The fees shall be collected by the clerk |
of the circuit court, except as provided in an administrative |
order of the Chief Judge of the circuit court. The clerk of
the |
circuit court shall pay all moneys collected from these fees |
to the county
treasurer who shall use the moneys collected to |
defray the costs of
drug testing, alcohol testing, and |
electronic monitoring.
The county treasurer shall deposit the |
fees collected in the
county working cash fund under Section |
6-27001 or Section 6-29002 of the
Counties Code, as the case |
may be.
The Chief Judge of the circuit court of the county may |
by administrative order establish a program for electronic |
monitoring of offenders, in which a vendor supplies and |
monitors the operation of the electronic monitoring device, |
and collects the fees on behalf of the county. The program |
shall include provisions for indigent offenders and the |
collection of unpaid fees. The program shall not unduly burden |
the offender and shall be subject to review by the Chief Judge.
|
The Chief Judge of the circuit court may suspend any |
additional charges or fees for late payment, interest, or |
damage to any device. |
(h) Jurisdiction over an offender may be transferred from |
the
sentencing court to the court of another circuit with the |
concurrence of
both courts. Further transfers or retransfers |
|
of
jurisdiction are also
authorized in the same manner. The |
court to which jurisdiction has been
transferred shall have |
the same powers as the sentencing court.
The probation |
department within the circuit to which jurisdiction has been |
transferred, or which has agreed to provide supervision, may |
impose probation fees upon receiving the transferred offender, |
as provided in subsection (i). For all transfer cases, as |
defined in Section 9b of the Probation and Probation Officers |
Act, the probation department from the original sentencing |
court shall retain all probation fees collected prior to the |
transfer. After the transfer,
all probation fees shall be paid |
to the probation department within the
circuit to which |
jurisdiction has been transferred.
|
(i) The court shall impose upon an offender
sentenced to |
probation after January 1, 1989 or to conditional discharge
|
after January 1, 1992 or to community service under the |
supervision of a
probation or court services department after |
January 1, 2004, as a condition of such probation or |
conditional
discharge or supervised community service, a fee |
of $50
for each month of probation or
conditional
discharge |
supervision or supervised community service ordered by the |
court, unless after
determining the inability of the person |
sentenced to probation or conditional
discharge or supervised |
community service to pay the
fee, the court assesses a lesser |
fee. The court may not impose the fee on a
minor who is placed |
in the guardianship or custody of the Department of Children |
|
and Family Services under the Juvenile Court Act of 1987
while |
the minor is in placement.
The fee shall be imposed only upon
|
an offender who is actively supervised by the
probation and |
court services
department. The fee shall be collected by the |
clerk
of the circuit court. The clerk of the circuit court |
shall pay all monies
collected from this fee to the county |
treasurer for deposit in the
probation and court services fund |
under Section 15.1 of the
Probation and Probation Officers |
Act.
|
A circuit court may not impose a probation fee under this |
subsection (i) in excess of $25
per month unless the circuit |
court has adopted, by administrative
order issued by the chief |
judge, a standard probation fee guide
determining an |
offender's ability to pay. Of the
amount collected as a |
probation fee, up to $5 of that fee
collected per month may be |
used to provide services to crime victims
and their families. |
The Court may only waive probation fees based on an |
offender's ability to pay. The probation department may |
re-evaluate an offender's ability to pay every 6 months, and, |
with the approval of the Director of Court Services or the |
Chief Probation Officer, adjust the monthly fee amount. An |
offender may elect to pay probation fees due in a lump sum.
Any |
offender that has been assigned to the supervision of a |
probation department, or has been transferred either under |
subsection (h) of this Section or under any interstate |
compact, shall be required to pay probation fees to the |
|
department supervising the offender, based on the offender's |
ability to pay.
|
Public Act 93-970 deletes the $10 increase in the fee |
under this subsection that was imposed by Public Act 93-616. |
This deletion is intended to control over any other Act of the |
93rd General Assembly that retains or incorporates that fee |
increase. |
(i-5) In addition to the fees imposed under subsection (i) |
of this Section, in the case of an offender convicted of a |
felony sex offense (as defined in the Sex Offender Management |
Board Act) or an offense that the court or probation |
department has determined to be sexually motivated (as defined |
in the Sex Offender Management Board Act), the court or the |
probation department shall assess additional fees to pay for |
all costs of treatment, assessment, evaluation for risk and |
treatment, and monitoring the offender, based on that |
offender's ability to pay those costs either as they occur or |
under a payment plan. |
(j) All fines and costs imposed under this Section for any |
violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle |
Code, or a similar
provision of a local ordinance, and any |
violation of the Child Passenger
Protection Act, or a similar |
provision of a local ordinance, shall be
collected and |
disbursed by the circuit clerk as provided under the Criminal |
and Traffic Assessment Act.
|
(k) Any offender who is sentenced to probation or |
|
conditional discharge for a felony sex offense as defined in |
the Sex Offender Management Board Act or any offense that the |
court or probation department has determined to be sexually |
motivated as defined in the Sex Offender Management Board Act |
shall be required to refrain from any contact, directly or |
indirectly, with any persons specified by the court and shall |
be available for all evaluations and treatment programs |
required by the court or the probation department.
|
(l) The court may order an offender who is sentenced to |
probation or conditional
discharge for a violation of an order |
of protection be placed under electronic surveillance as |
provided in Section 5-8A-7 of this Code. |
(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
|
Section 10. The Illinois Crime Reduction Act of 2009 is |
amended by changing Section 10 as follows:
|
(730 ILCS 190/10) |
Sec. 10. Evidence-based programming.
|
(a) Purpose. Research and practice have identified new |
strategies and policies that can result in a significant |
reduction in recidivism rates and the successful local |
reintegration of offenders. The purpose of this Section is to |
ensure that State and local agencies direct their resources to |
services and programming that have been demonstrated to be |
effective in reducing recidivism and reintegrating offenders |
|
into the locality. |
(b) Evidence-based programming in local supervision. |
(1) The Parole Division of the Department of |
Corrections and the Prisoner Review Board shall adopt |
policies, rules, and regulations that, within the first |
year of the adoption, validation, and utilization of the |
statewide, standardized risk assessment tool described in |
this Act, result in at least 25% of supervised individuals |
being supervised in accordance with evidence-based |
practices; within 3 years of the adoption, validation, and |
utilization of the statewide, standardized risk assessment |
tool result in at least 50% of supervised individuals |
being supervised in accordance with evidence-based |
practices; and within 5 years of the adoption, validation, |
and utilization of the statewide, standardized risk |
assessment tool result in at least 75% of supervised |
individuals being supervised in accordance with |
evidence-based practices. The policies, rules, and |
regulations shall: |
(A) Provide for a standardized individual case |
plan that follows the offender through the criminal |
justice system (including in-prison if the supervised |
individual is in prison) that is:
|
(i) Based on the assets of the individual as |
well as his or her risks and needs identified |
through the assessment tool as described in this |
|
Act. |
(ii) Comprised of treatment and supervision |
services appropriate to achieve the purpose of |
this Act. |
(iii) Consistently updated, based on program |
participation by the supervised individual and |
other behavior modification exhibited by the |
supervised individual. |
(B) Concentrate resources and services on |
high-risk offenders. |
(C) Provide for the use of evidence-based |
programming related to education, job training, |
cognitive behavioral therapy, and other programming |
designed to reduce criminal behavior. |
(D) Establish a system of graduated responses. |
(i) The system shall set forth a menu of |
presumptive responses for the most common types of |
supervision violations.
|
(ii) The system shall be guided by the model |
list of intermediate sanctions created by the |
Probation Services Division of the State of |
Illinois pursuant to subsection (1) of Section 15 |
of the Probation and Probation Officers Act and |
the system of intermediate sanctions created by |
the Chief Judge of each circuit court pursuant to |
Section 5-6-1 of the Unified Code of Corrections. |
|
(iii) The system of responses shall take into |
account factors such as the severity of the |
current violation; the supervised individual's |
risk level as determined by a validated assessment |
tool described in this Act; the supervised |
individual's assets; his or her previous criminal |
record; and the number and severity of any |
previous supervision violations. |
(iv) The system shall also define positive |
reinforcements that supervised individuals may |
receive for compliance with conditions of |
supervision. |
(v) Response to violations should be swift and |
certain and should be imposed as soon as |
practicable but no longer than 3 working days of |
detection of the violation behavior. |
(vi) The system of graduated responses shall |
be published on the Department of Corrections |
website for public view. |
(2) Conditions of local supervision (probation and |
mandatory supervised release). Conditions of local |
supervision whether imposed by a sentencing judge or the |
Prisoner Review Board shall be imposed in accordance with |
the offender's risks, assets, and needs as identified |
through the assessment tool described in this Act. |
(3) The Department of Corrections and the Prisoner |
|
Review Board shall annually publish an exemplar copy of |
any evidence-based assessments, questionnaires, or other |
instruments used to set conditions of release. |
(c) Evidence-based in-prison programming. |
(1) The Department of Corrections shall adopt |
policies, rules, and regulations that, within the first |
year of the adoption, validation, and utilization of the |
statewide, standardized risk assessment tool described in |
this Act, result in at least 25% of incarcerated |
individuals receiving services and programming in |
accordance with evidence-based practices; within 3 years |
of the adoption, validation, and utilization of the |
statewide, standardized risk assessment tool result in at |
least 50% of incarcerated individuals receiving services |
and programming in accordance with evidence-based |
practices; and within 5 years of the adoption, validation, |
and utilization of the statewide, standardized risk |
assessment tool result in at least 75% of incarcerated |
individuals receiving services and programming in |
accordance with evidence-based practices. The policies, |
rules, and regulations shall: |
(A) Provide for the use and development of a case |
plan based on the risks, assets, and needs identified |
through the assessment tool as described in this Act. |
The case plan should be used to determine in-prison |
programming; should be continuously updated based on |
|
program participation by the prisoner and other |
behavior modification exhibited by the prisoner; and |
should be used when creating the case plan described |
in subsection (b).
|
(B) Provide for the use of evidence-based |
programming related to education, job training, |
cognitive behavioral therapy and other evidence-based |
programming. |
(C) Establish education programs based on a |
teacher to student ratio of no more than 1:30. |
(D) Expand the use of drug prisons, modeled after |
the Sheridan Correctional Center, to provide |
sufficient drug treatment and other support services |
to non-violent inmates with a history of substance |
abuse. |
(2) Participation and completion of programming by |
prisoners can impact earned time credit as determined |
under Section 3-6-3 of the Unified Code of Corrections. |
(3) The Department of Corrections shall provide its |
employees with intensive and ongoing training and |
professional development services to support the |
implementation of evidence-based practices. The training |
and professional development services shall include |
assessment techniques, case planning, cognitive behavioral |
training, risk reduction and intervention strategies, |
effective communication skills, substance abuse treatment |
|
education and other topics identified by the Department or |
its employees. |
(d) The Parole Division of the Department of Corrections |
and the Prisoner Review Board shall provide their employees |
with intensive and ongoing training and professional |
development services to support the implementation of |
evidence-based practices. The training and professional |
development services shall include assessment techniques, case |
planning, cognitive behavioral training, risk reduction and |
intervention strategies, effective communication skills, |
substance abuse treatment education, and other topics |
identified by the agencies or their employees.
|
(e) The Department of Corrections, the Prisoner Review |
Board, and other correctional entities referenced in the |
policies, rules, and regulations of this Act shall design, |
implement, and make public a system to evaluate the |
effectiveness of evidence-based practices in increasing public |
safety and in successful reintegration of those under |
supervision into the locality. Annually, each agency shall |
submit to the Sentencing Policy Advisory Council a |
comprehensive report on the success of implementing |
evidence-based practices. The data compiled and analyzed by |
the Council shall be delivered annually to the Governor and |
the General Assembly.
|
