98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB5577

Introduced , by Rep. Michael J. Zalewski

SYNOPSIS AS INTRODUCED:

`730 ILCS 5/5-1-9.5 new`
`730 ILCS 5/5-6-1`	`from Ch. 38, par. 1005-6-1`
`730 ILCS 5/5-6-2`	`from Ch. 38, par. 1005-6-2`
`730 ILCS 5/5-6-3`	`from Ch. 38, par. 1005-6-3`

Amends the Unified Code of Correction. Requires as a condition of probation, conditional discharge, and supervision that the defendant provides the court with satisfactory proof of level of education and require the defendant, at his or her expense, to make a good faith effort to raise his or her level of education. Failure to achieve the educational goal shall not be grounds for revocation of probation, conditional discharge, or supervision. If the defendant has a child, a condition of sentence shall be to attend a course on strengthening families and parenting. A credit of up to 180 days shall be given towards completion of probation and conditional discharge for achieving educational goal. Defines "good faith effort". Effective immediately.

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A BILL FOR

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1 AN ACT concerning criminal law, which may be referred to as

2 the Incentivized Education and Family Support for Community

3 Corrections Amendments.

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

5 represented in the General Assembly:

6 Section 5. Purpose. The General Assembly finds and declares

7 the following:

8 (1) The General Assembly reaffirms its commitment to

9 reducing recidivism among criminal offenders.

10 (2) Despite the dramatic increase in corrections

11 spending over the past several decades, nationwide

12 recidivism levels remain unchanged or have worsened.

13 National data show that about 40 percent of persons

14 released from prison are re-incarcerated within three

15 years. In this State, the recidivism rate is around 50

16 percent for adult offenders, and recent numbers suggest

17 young offenders have a recidivism rate approaching 70

18 percent.

19 (3) One consequence of recidivism has been a steady

20 increase over the last 25 years in prison population.

21 Between 1988 and 2001, the number of prisoners in this

22 State has more than doubled, and between 2002 and 2013, the

23 prison population rose an additional 14.6 percent.

24 (4) Criminal justice policies that rely on building and

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1 operating more prisons to address community safety

2 concerns are not sustainable and will not result in

3 improved public safety.

4 (5) Education of criminal offenders is a sustainable

5 and proven evidence-based method of reducing recidivism.

6 (6) State policy must focus its criminal justice

7 policies on sustainable, evidence-based practices and

8 education, in particular practices that will reduce

9 recidivism, and improve public safety.

10 (7) State policy must recognize, and facilitate

11 through policy whenever possible, the key supports and

12 services which are crucial during reentry for persons who

13 are released from prison, or for persons who are on

14 supervised release or community corrections. These key

15 supports include but are not limited to social

16 relationships such as family, friends, and the faith

17 community all of which can facilitate and improve access to

18 other community-based supports and services.

19 (8) State policy must also focus on, recognize, and

20 facilitate whenever possible, the educational and familial

21 support for children of parents who are incarcerated, or

22 otherwise in the criminal justice system, such as,

23 supervised release or community corrections, with the

24 express purpose of protecting this vulnerable population

25 who without proper support are most likely themselves to

26 become offenders, and which is a contributing factor to the

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1 continuation of the cycle of crime and recidivism.

2 Section 10. The Unified Code of Corrections is amended by

3 changing Sections 5-6-1, 5-6-2, and 5-6-3 and by adding Section

4 5-1-9.5 as follows:

5 (730 ILCS 5/5-1-9.5 new)

6 Sec. 5-1-9.5. Good faith effort. "Good faith effort" means

7 the defendant is taking all reasonable steps to enroll in a

8 course or program of instruction, and once enrolled is taking

9 all possible reasonable steps to attend and make satisfactory

10 progress toward completion of the course or program

11 requirements. Employment, parenting, or other family

12 obligations shall not be a satisfactory excuse for failure to

13 make a good faith effort.

14 (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)

15 Sec. 5-6-1. Sentences of Probation and of Conditional

16 Discharge and Disposition of Supervision. The General Assembly

17 finds that in order to protect the public, the criminal justice

18 system must compel compliance with the conditions of probation

19 by responding to violations with swift, certain and fair

20 punishments and intermediate sanctions. The Chief Judge of each

21 circuit shall adopt a system of structured, intermediate

22 sanctions for violations of the terms and conditions of a

23 sentence of probation, conditional discharge or disposition of

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1 supervision.

2 (a) Except where specifically prohibited by other

3 provisions of this Code, the court shall impose a sentence of

4 probation or conditional discharge upon a defendant ~~an offender~~

5 unless, having regard to the nature and circumstance of the

6 offense, and to the history, character and condition of the

7 defendant ~~offender~~, the court is of the opinion that:

8 (1) his or her imprisonment or periodic imprisonment is

9 necessary for the protection of the public; or

10 (2) probation or conditional discharge would deprecate

11 the seriousness of the defendant's ~~offender's~~ conduct and

12 would be inconsistent with the ends of justice; or

13 (3) a combination of imprisonment with concurrent or

14 consecutive probation when a defendant ~~an offender~~ has been

15 admitted into a drug court program under Section 20 of the

16 Drug Court Treatment Act is necessary for the protection of

17 the public and for the rehabilitation of the defendant

18 ~~offender~~.

19 (a-1) As a condition of probation, conditional discharge,

20 or supervision, the court shall require a defendant to

21 demonstrate to the court's satisfaction his or her educational

22 level, minimally by proof of a high school diploma or that he

23 or she has passed the high school level test of General

24 Educational Development (GED).

25 (1) If the defendant lacks a high school diploma or

26 GED, the defendant shall be required to make a good faith

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1 effort, at his or her sole expense, to have his or her

2 reading level assessed to determine high school or GED

3 readiness. If the defendant's reading level is not high

4 school or GED ready, the defendant shall be required to

5 make a good faith effort to enroll and remain enrolled, at

6 his or her sole expense, in an adaptive or remedial

7 learning program to achieve high school or GED readiness.

8 (2) A defendant who is high school or GED ready shall

9 make a good faith effort to enroll, and remain enrolled

10 throughout the term of his or her probation sentence, at

11 his or her sole expense, in an online or on-the-ground

12 educational program that leads to a high school diploma or

13 the high school level test of General Educational

14 Development (GED).

15 (3) A defendant who has a high school diploma or GED,

16 or who during but before the end of his or her probation

17 sentence acquires a high school diploma or GED, shall be

18 required to make a good faith effort to enroll, and remain

19 enrolled throughout the term or remaining term of his or

20 her probation, at his or her sole expense, in community

21 college, college, career certificate, career diploma, or

22 workforce development courses or programs.

23 (4) The court shall not revoke probation, conditional

24 discharge, or supervision because of the defendant's

25 inability or failure to achieve the educational objectives

26 in subparagraphs (1) through (3) of this paragraph (a-1),

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1 but may revoke probation, conditional discharge, or

2 supervision if the defendant fails to establish to the

3 court's satisfaction that he or she has made a good faith

4 effort to achieve these objectives.

5 (a-2) As a condition of probation, conditional discharge,

6 or supervision, the court shall determine if a defendant has a

7 child for whose care he or she is responsible through

8 paternity, maternity, marriage, or child support order. A

9 defendant who has a child shall be required to enroll and

10 remain enrolled, participate or continue to participate,

11 throughout the term of his or her sentence, at his or her sole

12 expense, in courses or programs designed to encourage family

13 support and strengthening of families, parenting, co-parenting

14 and the building of parent-child relationships.

15 (a-3) In addition to the above requirements, the court

16 shall impose as a condition of a sentence of probation,

17 conditional discharge, or supervision, that the probation

18 agency may invoke any sanction from the list of intermediate

19 sanctions adopted by the chief judge of the circuit court for

20 violations of the terms and conditions of the sentence of

21 probation, conditional discharge, or supervision, subject to

22 the provisions of Section 5-6-4 of this Code.

23 The court shall impose as a condition of a sentence of

24 probation, conditional discharge, or supervision, that the

25 probation agency may invoke any sanction from the list of

26 intermediate sanctions adopted by the chief judge of the

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1 circuit court for violations of the terms and conditions of the

2 sentence of probation, conditional discharge, or supervision,

3 subject to the provisions of Section 5-6-4 of this Act.

4 (b) The court may impose a sentence of conditional

5 discharge for an offense if the court is of the opinion that

6 neither a sentence of imprisonment nor of periodic imprisonment

7 nor of probation supervision is appropriate.

8 (b-1) Subsections (a) and (b) of this Section do not apply

9 to a defendant charged with a misdemeanor or felony under the

10 Illinois Vehicle Code or reckless homicide under Section 9-3 of

11 the Criminal Code of 1961 or the Criminal Code of 2012 if the

12 defendant within the past 12 months has been convicted of or

13 pleaded guilty to a misdemeanor or felony under the Illinois

14 Vehicle Code or reckless homicide under Section 9-3 of the

15 Criminal Code of 1961 or the Criminal Code of 2012.

16 (c) The court may, upon a plea of guilty or a stipulation

17 by the defendant of the facts supporting the charge or a

18 finding of guilt, defer further proceedings and the imposition

19 of a sentence, and enter an order for supervision of the

20 defendant, if the defendant is not charged with: (i) a Class A

21 misdemeanor, as defined by the following provisions of the

22 Criminal Code of 1961 or the Criminal Code of 2012: Sections

23 11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6;

24 31-7; paragraphs (2) and (3) of subsection (a) of Section 21-1;

25 paragraph (1) through (5), (8), (10), and (11) of subsection

26 (a) of Section 24-1; (ii) a Class A misdemeanor violation of

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1 Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals

2 Act; or (iii) a felony. If the defendant is not barred from

3 receiving an order for supervision as provided in this

4 subsection, the court may enter an order for supervision after

5 considering the circumstances of the offense, and the history,

6 character and condition of the offender, if the court is of the

7 opinion that:

8 (1) the offender is not likely to commit further

9 crimes;

10 (2) the defendant and the public would be best served

11 if the defendant were not to receive a criminal record; and

12 (3) in the best interests of justice an order of

13 supervision is more appropriate than a sentence otherwise

14 permitted under this Code.

15 (c-5) Subsections (a), (b), and (c) of this Section do not

16 apply to a defendant charged with a second or subsequent

17 violation of Section 6-303 of the Illinois Vehicle Code

18 committed while his or her driver's license, permit or

19 privileges were revoked because of a violation of Section 9-3

20 of the Criminal Code of 1961 or the Criminal Code of 2012,

21 relating to the offense of reckless homicide, or a similar

22 provision of a law of another state.

23 (d) The provisions of paragraph (c) shall not apply to a

24 defendant charged with violating Section 11-501 of the Illinois

25 Vehicle Code or a similar provision of a local ordinance when

26 the defendant has previously been:

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1 (1) convicted for a violation of Section 11-501 of the

2 Illinois Vehicle Code or a similar provision of a local

3 ordinance or any similar law or ordinance of another state;

4 or

5 (2) assigned supervision for a violation of Section

6 11-501 of the Illinois Vehicle Code or a similar provision

7 of a local ordinance or any similar law or ordinance of

8 another state; or

9 (3) pleaded guilty to or stipulated to the facts

10 supporting a charge or a finding of guilty to a violation

11 of Section 11-503 of the Illinois Vehicle Code or a similar

12 provision of a local ordinance or any similar law or

13 ordinance of another state, and the plea or stipulation was

14 the result of a plea agreement.

15 The court shall consider the statement of the prosecuting

16 authority with regard to the standards set forth in this

17 Section.

18 (e) The provisions of paragraph (c) shall not apply to a

19 defendant charged with violating Section 16-25 or 16A-3 of the

20 Criminal Code of 1961 or the Criminal Code of 2012 if said

21 defendant has within the last 5 years been:

22 (1) convicted for a violation of Section 16-25 or 16A-3

23 of the Criminal Code of 1961 or the Criminal Code of 2012;

24 or

25 (2) assigned supervision for a violation of Section

26 16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal

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1 Code of 2012.

2 The court shall consider the statement of the prosecuting

3 authority with regard to the standards set forth in this

4 Section.

5 (f) The provisions of paragraph (c) shall not apply to a

6 defendant charged with violating Sections 15-111, 15-112,

7 15-301, paragraph (b) of Section 6-104, Section 11-605, Section

8 11-1002.5, or Section 11-1414 of the Illinois Vehicle Code or a

9 similar provision of a local ordinance.

10 (g) Except as otherwise provided in paragraph (i) of this

11 Section, the provisions of paragraph (c) shall not apply to a

12 defendant charged with violating Section 3-707, 3-708, 3-710,

13 or 5-401.3 of the Illinois Vehicle Code or a similar provision

14 of a local ordinance if the defendant has within the last 5

15 years been:

16 (1) convicted for a violation of Section 3-707, 3-708,

17 3-710, or 5-401.3 of the Illinois Vehicle Code or a similar

18 provision of a local ordinance; or

19 (2) assigned supervision for a violation of Section

20 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle

21 Code or a similar provision of a local ordinance.

22 The court shall consider the statement of the prosecuting

23 authority with regard to the standards set forth in this

24 Section.

25 (h) The provisions of paragraph (c) shall not apply to a

26 defendant under the age of 21 years charged with violating a

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1 serious traffic offense as defined in Section 1-187.001 of the

2 Illinois Vehicle Code:

3 (1) unless the defendant, upon payment of the fines,

4 penalties, and costs provided by law, agrees to attend and

5 successfully complete a traffic safety program approved by

6 the court under standards set by the Conference of Chief

7 Circuit Judges. The accused shall be responsible for

8 payment of any traffic safety program fees. If the accused

9 fails to file a certificate of successful completion on or

10 before the termination date of the supervision order, the

11 supervision shall be summarily revoked and conviction

12 entered. The provisions of Supreme Court Rule 402 relating

13 to pleas of guilty do not apply in cases when a defendant

14 enters a guilty plea under this provision; or

15 (2) if the defendant has previously been sentenced

16 under the provisions of paragraph (c) on or after January

17 1, 1998 for any serious traffic offense as defined in

18 Section 1-187.001 of the Illinois Vehicle Code.

19 (h-1) The provisions of paragraph (c) shall not apply to a

20 defendant under the age of 21 years charged with an offense

21 against traffic regulations governing the movement of vehicles

22 or any violation of Section 6-107 or Section 12-603.1 of the

23 Illinois Vehicle Code, unless the defendant, upon payment of

24 the fines, penalties, and costs provided by law, agrees to

25 attend and successfully complete a traffic safety program

26 approved by the court under standards set by the Conference of

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1 Chief Circuit Judges. The accused shall be responsible for

2 payment of any traffic safety program fees. If the accused

3 fails to file a certificate of successful completion on or

4 before the termination date of the supervision order, the

5 supervision shall be summarily revoked and conviction entered.

6 The provisions of Supreme Court Rule 402 relating to pleas of

7 guilty do not apply in cases when a defendant enters a guilty

8 plea under this provision.

9 (i) The provisions of paragraph (c) shall not apply to a

10 defendant charged with violating Section 3-707 of the Illinois

11 Vehicle Code or a similar provision of a local ordinance if the

12 defendant has been assigned supervision for a violation of

13 Section 3-707 of the Illinois Vehicle Code or a similar

14 provision of a local ordinance.

15 (j) The provisions of paragraph (c) shall not apply to a

16 defendant charged with violating Section 6-303 of the Illinois

17 Vehicle Code or a similar provision of a local ordinance when

18 the revocation or suspension was for a violation of Section

19 11-501 or a similar provision of a local ordinance or a

20 violation of Section 11-501.1 or paragraph (b) of Section

21 11-401 of the Illinois Vehicle Code if the defendant has within

22 the last 10 years been:

23 (1) convicted for a violation of Section 6-303 of the

24 Illinois Vehicle Code or a similar provision of a local

25 ordinance; or

26 (2) assigned supervision for a violation of Section

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1 6-303 of the Illinois Vehicle Code or a similar provision

2 of a local ordinance.

3 (k) The provisions of paragraph (c) shall not apply to a

4 defendant charged with violating any provision of the Illinois

5 Vehicle Code or a similar provision of a local ordinance that

6 governs the movement of vehicles if, within the 12 months

7 preceding the date of the defendant's arrest, the defendant has

8 been assigned court supervision on 2 occasions for a violation

9 that governs the movement of vehicles under the Illinois

10 Vehicle Code or a similar provision of a local ordinance. The

11 provisions of this paragraph (k) do not apply to a defendant

12 charged with violating Section 11-501 of the Illinois Vehicle

13 Code or a similar provision of a local ordinance.

14 (l) A defendant charged with violating any provision of the

15 Illinois Vehicle Code or a similar provision of a local

16 ordinance who receives a disposition of supervision under

17 subsection (c) shall pay an additional fee of $29, to be

18 collected as provided in Sections 27.5 and 27.6 of the Clerks

19 of Courts Act. In addition to the $29 fee, the person shall

20 also pay a fee of $6, which, if not waived by the court, shall

21 be collected as provided in Sections 27.5 and 27.6 of the

22 Clerks of Courts Act. The $29 fee shall be disbursed as

23 provided in Section 16-104c of the Illinois Vehicle Code. If

24 the $6 fee is collected, $5.50 of the fee shall be deposited

25 into the Circuit Court Clerk Operation and Administrative Fund

26 created by the Clerk of the Circuit Court and 50 cents of the

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1 fee shall be deposited into the Prisoner Review Board Vehicle

2 and Equipment Fund in the State treasury.

3 (m) Any person convicted of, pleading guilty to, or placed

4 on supervision for a serious traffic violation, as defined in

5 Section 1-187.001 of the Illinois Vehicle Code, a violation of

6 Section 11-501 of the Illinois Vehicle Code, or a violation of

7 a similar provision of a local ordinance shall pay an

8 additional fee of $35, to be disbursed as provided in Section

9 16-104d of that Code.

10 This subsection (m) becomes inoperative 7 years after

11 October 13, 2007 (the effective date of Public Act 95-154).

12 (n) The provisions of paragraph (c) shall not apply to any

13 person under the age of 18 who commits an offense against

14 traffic regulations governing the movement of vehicles or any

15 violation of Section 6-107 or Section 12-603.1 of the Illinois

16 Vehicle Code, except upon personal appearance of the defendant

17 in court and upon the written consent of the defendant's parent

18 or legal guardian, executed before the presiding judge. The

19 presiding judge shall have the authority to waive this

20 requirement upon the showing of good cause by the defendant.

21 (o) The provisions of paragraph (c) shall not apply to a

22 defendant charged with violating Section 6-303 of the Illinois

23 Vehicle Code or a similar provision of a local ordinance when

24 the suspension was for a violation of Section 11-501.1 of the

25 Illinois Vehicle Code and when:

26 (1) at the time of the violation of Section 11-501.1 of

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1 the Illinois Vehicle Code, the defendant was a first

2 offender pursuant to Section 11-500 of the Illinois Vehicle

3 Code and the defendant failed to obtain a monitoring device

4 driving permit; or

5 (2) at the time of the violation of Section 11-501.1 of

6 the Illinois Vehicle Code, the defendant was a first

7 offender pursuant to Section 11-500 of the Illinois Vehicle

8 Code, had subsequently obtained a monitoring device

9 driving permit, but was driving a vehicle not equipped with

10 a breath alcohol ignition interlock device as defined in

11 Section 1-129.1 of the Illinois Vehicle Code.

12 (p) The provisions of paragraph (c) shall not apply to a

13 defendant charged with violating Section 11-601.5 of the

14 Illinois Vehicle Code or a similar provision of a local

15 ordinance.

16 (q) The provisions of paragraph (c) shall not apply to a

17 defendant charged with violating subsection (b) of Section

18 11-601 of the Illinois Vehicle Code when the defendant was

19 operating a vehicle, in an urban district, at a speed in excess

20 of 25 miles per hour over the posted speed limit.

21 (r) The provisions of paragraph (c) shall not apply to a

22 defendant charged with violating any provision of the Illinois

23 Vehicle Code or a similar provision of a local ordinance if the

24 violation was the proximate cause of the death of another and

25 the defendant's driving abstract contains a prior conviction or

26 disposition of court supervision for any violation of the

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1 Illinois Vehicle Code, other than an equipment violation, or a

2 suspension, revocation, or cancellation of the driver's

3 license.

4 (Source: P.A. 97-333, eff. 8-12-11; 97-597, eff. 1-1-12;

5 97-831, eff. 7-1-13; 97-1108, eff. 1-1-13; 97-1150, eff.

6 1-25-13; 98-169, eff. 1-1-14.)

7 (730 ILCS 5/5-6-2) (from Ch. 38, par. 1005-6-2)

8 Sec. 5-6-2. Incidents of Probation and of Conditional

9 Discharge.

10 (a) When a defendant ~~an offender~~ is sentenced to probation

11 or conditional discharge, the court shall impose a period as

12 provided in Article 4.5 of Chapter V, and shall specify the

13 conditions under Section 5-6-3.

14 (b) Multiple terms of probation imposed at the same time

15 shall run concurrently.

16 (c) The court may at any time terminate probation or

17 conditional discharge if warranted by the conduct of the

18 defendant ~~offender~~and the ends of justice, as provided in

19 Section 5-6-4.

20 (c-1) A defendant shall be entitled to a time credit toward

21 the completion of the defendant's probation or conditional

22 discharge as follows:

23 (1) Completion of remedial or adaptive courses or

24 programs and achievement of documented high school or GED

25 readiness: 60 days.

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1 (2) A high school diploma or GED: 90 days.

2 (3) An associate's degree: 120 days.

3 (4) A bachelor's degree: 180 days.

4 (5) Sixty days for demonstrable engagement in the

5 defendant's child educational attainment, demonstrable

6 efforts towards healthy co-parenting, and demonstrable

7 civic engagement, including but not limited to

8 volunteering or teaching in a secular or faith-based

9 educational course or program that focuses on parenting or

10 family health and welfare.

11 A defendant's supervising officer shall promptly and as

12 soon as practicable notify the court of the defendant's right

13 to time credits under this subsection (c-1). Upon receipt of

14 this notification, the court shall enter an order modifying the

15 defendant's remaining period of probation or conditional

16 discharge to reflect the time credit earned by the defendant.

17 If, before the expiration of the original period or a reduced

18 period of probation or conditional discharge, the court after a

19 hearing under Section 5-6-4, finds that a defendant violated

20 one or more conditions of probation or conditional discharge,

21 the court may order that some or all of the time credit to

22 which a defendant is entitled under this Section be forfeited.

23 (d) Upon the expiration or termination of the period of

24 probation or of conditional discharge, the court shall enter an

25 order discharging the offender.

26 (e) The court may extend any period of probation or

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1 conditional discharge beyond the limits set forth in Article

2 4.5 of Chapter V upon a violation of a condition of the

3 probation or conditional discharge, for the payment of an

4 assessment required by Section 10.3 of the Cannabis Control

5 Act, Section 411.2 of the Illinois Controlled Substances Act,

6 or Section 80 of the Methamphetamine Control and Community

7 Protection Act, or for the payment of restitution as provided

8 by an order of restitution under Section 5-5-6 of this Code.

9 (f) The court may impose a term of probation that is

10 concurrent or consecutive to a term of imprisonment so long as

11 the maximum term imposed does not exceed the maximum term

12 provided under Article 4.5 of Chapter V or Article 8 of this

13 Chapter. The court may provide that probation may commence

14 while an offender is on mandatory supervised release,

15 participating in a day release program, or being monitored by

16 an electronic monitoring device.

17 (Source: P.A. 94-556, eff. 9-11-05; 95-1052, eff. 7-1-09.)

18 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)

19 Sec. 5-6-3. Conditions of Probation and of Conditional

20 Discharge.

21 (a) The conditions of probation and of conditional

22 discharge shall be that the person:

23 (1) not violate any criminal statute of any

24 jurisdiction;

25 (2) report to or appear in person before such person or

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1 agency as directed by the court;

2 (3) refrain from possessing a firearm or other

3 dangerous weapon where the offense is a felony or, if a

4 misdemeanor, the offense involved the intentional or

5 knowing infliction of bodily harm or threat of bodily harm;

6 (4) not leave the State without the consent of the

7 court or, in circumstances in which the reason for the

8 absence is of such an emergency nature that prior consent

9 by the court is not possible, without the prior

10 notification and approval of the person's probation

11 officer. Transfer of a person's probation or conditional

12 discharge supervision to another state is subject to

13 acceptance by the other state pursuant to the Interstate

14 Compact for Adult Offender Supervision;

15 (5) permit the probation officer to visit him at his

16 home or elsewhere to the extent necessary to discharge his

17 duties;

18 (6) perform no less than 30 hours of community service

19 and not more than 120 hours of community service, if

20 community service is available in the jurisdiction and is

21 funded and approved by the county board where the offense

22 was committed, where the offense was related to or in

23 furtherance of the criminal activities of an organized gang

24 and was motivated by the offender's membership in or

25 allegiance to an organized gang. The community service

26 shall include, but not be limited to, the cleanup and

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1 repair of any damage caused by a violation of Section

2 21-1.3 of the Criminal Code of 1961 or the Criminal Code of

3 2012 and similar damage to property located within the

4 municipality or county in which the violation occurred.

5 When possible and reasonable, the community service should

6 be performed in the offender's neighborhood. For purposes

7 of this Section, "organized gang" has the meaning ascribed

8 to it in Section 10 of the Illinois Streetgang Terrorism

9 Omnibus Prevention Act;

10 (7) if he or she is at least 17 years of age and has

11 been sentenced to probation or conditional discharge for a

12 misdemeanor or felony in a county of 3,000,000 or more

13 inhabitants and has not been previously convicted of a

14 misdemeanor or felony, may be required by the sentencing

15 court ~~to attend educational courses designed to prepare the~~

16 ~~defendant for a high school diploma and to work toward a~~

17 ~~high school diploma or to work toward passing the high~~

18 ~~school level Test of General Educational Development (GED)~~

19 ~~or~~to work toward completing a vocational training program

20 approved by the court. The person on probation or

21 conditional discharge must attend a public institution of

22 education to obtain the ~~educational or~~ vocational training

23 required by this clause (7). The court shall revoke the

24 probation or conditional discharge of a person who wilfully

25 fails to make a good faith effort to comply with this

26 clause (7). The person on probation or conditional

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1 discharge shall be required to pay for the cost of the

2 vocational training ~~educational courses or GED test~~, if a

3 fee is charged for the training ~~those courses or test~~. The

4 court shall resentence the offender whose probation or

5 conditional discharge has been revoked as provided in

6 Section 5-6-4. ~~This clause (7) does not apply to a person~~

7 ~~who has a high school diploma or has successfully passed~~

8 ~~the GED test.~~ This clause (7) does not apply to a person

9 who is determined by the court to be developmentally

10 disabled or otherwise mentally incapable of completing the

11 educational or vocational program;

12 (8) if convicted of possession of a substance

13 prohibited by the Cannabis Control Act, the Illinois

14 Controlled Substances Act, or the Methamphetamine Control

15 and Community Protection Act after a previous conviction or

16 disposition of supervision for possession of a substance

17 prohibited by the Cannabis Control Act or Illinois

18 Controlled Substances Act or after a sentence of probation

19 under Section 10 of the Cannabis Control Act, Section 410

20 of the Illinois Controlled Substances Act, or Section 70 of

21 the Methamphetamine Control and Community Protection Act

22 and upon a finding by the court that the person is

23 addicted, undergo treatment at a substance abuse program

24 approved by the court;

25 (8.5) if convicted of a felony sex offense as defined

26 in the Sex Offender Management Board Act, the person shall

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1 undergo and successfully complete sex offender treatment

2 by a treatment provider approved by the Board and conducted

3 in conformance with the standards developed under the Sex

4 Offender Management Board Act;

5 (8.6) if convicted of a sex offense as defined in the

6 Sex Offender Management Board Act, refrain from residing at

7 the same address or in the same condominium unit or

8 apartment unit or in the same condominium complex or

9 apartment complex with another person he or she knows or

10 reasonably should know is a convicted sex offender or has

11 been placed on supervision for a sex offense; the

12 provisions of this paragraph do not apply to a person

13 convicted of a sex offense who is placed in a Department of

14 Corrections licensed transitional housing facility for sex

15 offenders;

16 (8.7) if convicted for an offense committed on or after

17 June 1, 2008 (the effective date of Public Act 95-464) that

18 would qualify the accused as a child sex offender as

19 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of

20 1961 or the Criminal Code of 2012, refrain from

21 communicating with or contacting, by means of the Internet,

22 a person who is not related to the accused and whom the

23 accused reasonably believes to be under 18 years of age;

24 for purposes of this paragraph (8.7), "Internet" has the

25 meaning ascribed to it in Section 16-0.1 of the Criminal

26 Code of 2012; and a person is not related to the accused if

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1 the person is not: (i) the spouse, brother, or sister of

2 the accused; (ii) a descendant of the accused; (iii) a

3 first or second cousin of the accused; or (iv) a step-child

4 or adopted child of the accused;

5 (8.8) if convicted for an offense under Section 11-6,

6 11-9.1, 11-14.4 that involves soliciting for a juvenile

7 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21

8 of the Criminal Code of 1961 or the Criminal Code of 2012,

9 or any attempt to commit any of these offenses, committed

10 on or after June 1, 2009 (the effective date of Public Act

11 95-983):

12 (i) not access or use a computer or any other

13 device with Internet capability without the prior

14 written approval of the offender's probation officer,

15 except in connection with the offender's employment or

16 search for employment with the prior approval of the

17 offender's probation officer;

18 (ii) submit to periodic unannounced examinations

19 of the offender's computer or any other device with

20 Internet capability by the offender's probation

21 officer, a law enforcement officer, or assigned

22 computer or information technology specialist,

23 including the retrieval and copying of all data from

24 the computer or device and any internal or external

25 peripherals and removal of such information,

26 equipment, or device to conduct a more thorough

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1 inspection;

2 (iii) submit to the installation on the offender's

3 computer or device with Internet capability, at the

4 offender's expense, of one or more hardware or software

5 systems to monitor the Internet use; and

6 (iv) submit to any other appropriate restrictions

7 concerning the offender's use of or access to a

8 computer or any other device with Internet capability

9 imposed by the offender's probation officer;

10 (8.9) if convicted of a sex offense as defined in the

11 Sex Offender Registration Act committed on or after January

12 1, 2010 (the effective date of Public Act 96-262), refrain

13 from accessing or using a social networking website as

14 defined in Section 17-0.5 of the Criminal Code of 2012;

15 (9) if convicted of a felony or of any misdemeanor

16 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or

17 12-3.5 of the Criminal Code of 1961 or the Criminal Code of

18 2012 that was determined, pursuant to Section 112A-11.1 of

19 the Code of Criminal Procedure of 1963, to trigger the

20 prohibitions of 18 U.S.C. 922(g)(9), physically surrender

21 at a time and place designated by the court, his or her

22 Firearm Owner's Identification Card and any and all

23 firearms in his or her possession. The Court shall return

24 to the Department of State Police Firearm Owner's

25 Identification Card Office the person's Firearm Owner's

26 Identification Card;

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1 (10) if convicted of a sex offense as defined in

2 subsection (a-5) of Section 3-1-2 of this Code, unless the

3 offender is a parent or guardian of the person under 18

4 years of age present in the home and no non-familial minors

5 are present, not participate in a holiday event involving

6 children under 18 years of age, such as distributing candy

7 or other items to children on Halloween, wearing a Santa

8 Claus costume on or preceding Christmas, being employed as

9 a department store Santa Claus, or wearing an Easter Bunny

10 costume on or preceding Easter;

11 (11) if convicted of a sex offense as defined in

12 Section 2 of the Sex Offender Registration Act committed on

13 or after January 1, 2010 (the effective date of Public Act

14 96-362) that requires the person to register as a sex

15 offender under that Act, may not knowingly use any computer

16 scrub software on any computer that the sex offender uses;

17 and

18 (12) if convicted of a violation of the Methamphetamine

19 Control and Community Protection Act, the Methamphetamine

20 Precursor Control Act, or a methamphetamine related

21 offense:

22 (A) prohibited from purchasing, possessing, or

23 having under his or her control any product containing

24 pseudoephedrine unless prescribed by a physician; and

25 (B) prohibited from purchasing, possessing, or

26 having under his or her control any product containing

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1 ammonium nitrate.

2 (b) The Court may in addition to other reasonable

3 conditions relating to the nature of the offense or the

4 rehabilitation of the defendant as determined for each

5 defendant in the proper discretion of the Court require that

6 the person:

7 (1) serve a term of periodic imprisonment under Article

8 7 for a period not to exceed that specified in paragraph

9 (d) of Section 5-7-1;

10 (2) pay a fine and costs;

11 (3) work or pursue a course of study or vocational

12 training;

13 (4) undergo medical, psychological or psychiatric

14 treatment; or treatment for drug addiction or alcoholism;

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

16 instruction or residence of defendants on probation;

17 (6) support his dependents;

18 (7) and in addition, if a minor:

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

20 (ii) attend school;

21 (iii) attend a non-residential program for youth;

22 (iv) contribute to his own support at home or in a

23 foster home;

24 (v) with the consent of the superintendent of the

25 facility, attend an educational program at a facility

26 other than the school in which the offense was

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1 committed if he or she is convicted of a crime of

2 violence as defined in Section 2 of the Crime Victims

3 Compensation Act committed in a school, on the real

4 property comprising a school, or within 1,000 feet of

5 the real property comprising a school;

6 (8) make restitution as provided in Section 5-5-6 of

7 this Code;

8 (9) perform some reasonable public or community

9 service;

10 (10) serve a term of home confinement. In addition to

11 any other applicable condition of probation or conditional

12 discharge, the conditions of home confinement shall be that

13 the offender:

14 (i) remain within the interior premises of the

15 place designated for his confinement during the hours

16 designated by the court;

17 (ii) admit any person or agent designated by the

18 court into the offender's place of confinement at any

19 time for purposes of verifying the offender's

20 compliance with the conditions of his confinement; and

21 (iii) if further deemed necessary by the court or

22 the Probation or Court Services Department, be placed

23 on an approved electronic monitoring device, subject

24 to Article 8A of Chapter V;

25 (iv) for persons convicted of any alcohol,

26 cannabis or controlled substance violation who are

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1 placed on an approved monitoring device as a condition

2 of probation or conditional discharge, the court shall

3 impose a reasonable fee for each day of the use of the

4 device, as established by the county board in

5 subsection (g) of this Section, unless after

6 determining the inability of the offender to pay the

7 fee, the court assesses a lesser fee or no fee as the

8 case may be. This fee shall be imposed in addition to

9 the fees imposed under subsections (g) and (i) of this

10 Section. The fee shall be collected by the clerk of the

11 circuit court. The clerk of the circuit court shall pay

12 all monies collected from this fee to the county

13 treasurer for deposit in the substance abuse services

14 fund under Section 5-1086.1 of the Counties Code; and

15 (v) for persons convicted of offenses other than

16 those referenced in clause (iv) above and who are

17 placed on an approved monitoring device as a condition

18 of probation or conditional discharge, the court shall

19 impose a reasonable fee for each day of the use of the

20 device, as established by the county board in

21 subsection (g) of this Section, unless after

22 determining the inability of the defendant to pay the

23 fee, the court assesses a lesser fee or no fee as the

24 case may be. This fee shall be imposed in addition to

25 the fees imposed under subsections (g) and (i) of this

26 Section. The fee shall be collected by the clerk of the

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1 circuit court. The clerk of the circuit court shall pay

2 all monies collected from this fee to the county

3 treasurer who shall use the monies collected to defray

4 the costs of corrections. The county treasurer shall

5 deposit the fee collected in the probation and court

6 services fund.

7 (11) comply with the terms and conditions of an order

8 of protection issued by the court pursuant to the Illinois

9 Domestic Violence Act of 1986, as now or hereafter amended,

10 or an order of protection issued by the court of another

11 state, tribe, or United States territory. A copy of the

12 order of protection shall be transmitted to the probation

13 officer or agency having responsibility for the case;

14 (12) reimburse any "local anti-crime program" as

15 defined in Section 7 of the Anti-Crime Advisory Council Act

16 for any reasonable expenses incurred by the program on the

17 offender's case, not to exceed the maximum amount of the

18 fine authorized for the offense for which the defendant was

19 sentenced;

20 (13) contribute a reasonable sum of money, not to

21 exceed the maximum amount of the fine authorized for the

22 offense for which the defendant was sentenced, (i) to a

23 "local anti-crime program", as defined in Section 7 of the

24 Anti-Crime Advisory Council Act, or (ii) for offenses under

25 the jurisdiction of the Department of Natural Resources, to

26 the fund established by the Department of Natural Resources

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1 for the purchase of evidence for investigation purposes and

2 to conduct investigations as outlined in Section 805-105 of

3 the Department of Natural Resources (Conservation) Law;

4 (14) refrain from entering into a designated

5 geographic area except upon such terms as the court finds

6 appropriate. Such terms may include consideration of the

7 purpose of the entry, the time of day, other persons

8 accompanying the defendant, and advance approval by a

9 probation officer, if the defendant has been placed on

10 probation or advance approval by the court, if the

11 defendant was placed on conditional discharge;

12 (15) refrain from having any contact, directly or

13 indirectly, with certain specified persons or particular

14 types of persons, including but not limited to members of

15 street gangs and drug users or dealers;

16 (16) refrain from having in his or her body the

17 presence of any illicit drug prohibited by the Cannabis

18 Control Act, the Illinois Controlled Substances Act, or the

19 Methamphetamine Control and Community Protection Act,

20 unless prescribed by a physician, and submit samples of his

21 or her blood or urine or both for tests to determine the

22 presence of any illicit drug;

23 (17) if convicted for an offense committed on or after

24 June 1, 2008 (the effective date of Public Act 95-464) that

25 would qualify the accused as a child sex offender as

26 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of

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1 1961 or the Criminal Code of 2012, refrain from

2 communicating with or contacting, by means of the Internet,

3 a person who is related to the accused and whom the accused

4 reasonably believes to be under 18 years of age; for

5 purposes of this paragraph (17), "Internet" has the meaning

6 ascribed to it in Section 16-0.1 of the Criminal Code of

7 2012; and a person is related to the accused if the person

8 is: (i) the spouse, brother, or sister of the accused; (ii)

9 a descendant of the accused; (iii) a first or second cousin

10 of the accused; or (iv) a step-child or adopted child of

11 the accused;

12 (18) if convicted for an offense committed on or after

13 June 1, 2009 (the effective date of Public Act 95-983) that

14 would qualify as a sex offense as defined in the Sex

15 Offender Registration Act:

16 (i) not access or use a computer or any other

17 device with Internet capability without the prior

18 written approval of the offender's probation officer,

19 except in connection with the offender's employment or

20 search for employment with the prior approval of the

21 offender's probation officer;

22 (ii) submit to periodic unannounced examinations

23 of the offender's computer or any other device with

24 Internet capability by the offender's probation

25 officer, a law enforcement officer, or assigned

26 computer or information technology specialist,

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1 including the retrieval and copying of all data from

2 the computer or device and any internal or external

3 peripherals and removal of such information,

4 equipment, or device to conduct a more thorough

5 inspection;

6 (iii) submit to the installation on the offender's

7 computer or device with Internet capability, at the

8 subject's expense, of one or more hardware or software

9 systems to monitor the Internet use; and

10 (iv) submit to any other appropriate restrictions

11 concerning the offender's use of or access to a

12 computer or any other device with Internet capability

13 imposed by the offender's probation officer; and

14 (19) refrain from possessing a firearm or other

15 dangerous weapon where the offense is a misdemeanor that

16 did not involve the intentional or knowing infliction of

17 bodily harm or threat of bodily harm.

18 (c) The court may as a condition of probation or of

19 conditional discharge require that a person under 18 years of

20 age found guilty of any alcohol, cannabis or controlled

21 substance violation, refrain from acquiring a driver's license

22 during the period of probation or conditional discharge. If

23 such person is in possession of a permit or license, the court

24 may require that the minor refrain from driving or operating

25 any motor vehicle during the period of probation or conditional

26 discharge, except as may be necessary in the course of the

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1 minor's lawful employment.

2 (d) An offender sentenced to probation or to conditional

3 discharge shall be given a certificate setting forth the

4 conditions thereof.

5 (e) Except where the offender has committed a fourth or

6 subsequent violation of subsection (c) of Section 6-303 of the

7 Illinois Vehicle Code, the court shall not require as a

8 condition of the sentence of probation or conditional discharge

9 that the offender be committed to a period of imprisonment in

10 excess of 6 months. This 6 month limit shall not include

11 periods of confinement given pursuant to a sentence of county

12 impact incarceration under Section 5-8-1.2.

13 Persons committed to imprisonment as a condition of

14 probation or conditional discharge shall not be committed to

15 the Department of Corrections.

16 (f) The court may combine a sentence of periodic

17 imprisonment under Article 7 or a sentence to a county impact

18 incarceration program under Article 8 with a sentence of

19 probation or conditional discharge.

20 (g) An offender sentenced to probation or to conditional

21 discharge and who during the term of either undergoes mandatory

22 drug or alcohol testing, or both, or is assigned to be placed

23 on an approved electronic monitoring device, shall be ordered

24 to pay all costs incidental to such mandatory drug or alcohol

25 testing, or both, and all costs incidental to such approved

26 electronic monitoring in accordance with the defendant's

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1 ability to pay those costs. The county board with the

2 concurrence of the Chief Judge of the judicial circuit in which

3 the county is located shall establish reasonable fees for the

4 cost of maintenance, testing, and incidental expenses related

5 to the mandatory drug or alcohol testing, or both, and all

6 costs incidental to approved electronic monitoring, involved

7 in a successful probation program for the county. The

8 concurrence of the Chief Judge shall be in the form of an

9 administrative order. The fees shall be collected by the clerk

10 of the circuit court. The clerk of the circuit court shall pay

11 all moneys collected from these fees to the county treasurer

12 who shall use the moneys collected to defray the costs of drug

13 testing, alcohol testing, and electronic monitoring. The

14 county treasurer shall deposit the fees collected in the county

15 working cash fund under Section 6-27001 or Section 6-29002 of

16 the Counties Code, as the case may be.

17 (h) Jurisdiction over an offender may be transferred from

18 the sentencing court to the court of another circuit with the

19 concurrence of both courts. Further transfers or retransfers of

20 jurisdiction are also authorized in the same manner. The court

21 to which jurisdiction has been transferred shall have the same

22 powers as the sentencing court. The probation department within

23 the circuit to which jurisdiction has been transferred, or

24 which has agreed to provide supervision, may impose probation

25 fees upon receiving the transferred offender, as provided in

26 subsection (i). For all transfer cases, as defined in Section

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1 9b of the Probation and Probation Officers Act, the probation

2 department from the original sentencing court shall retain all

3 probation fees collected prior to the transfer. After the

4 transfer all probation fees shall be paid to the probation

5 department within the circuit to which jurisdiction has been

6 transferred.

7 (i) The court shall impose upon an offender sentenced to

8 probation after January 1, 1989 or to conditional discharge

9 after January 1, 1992 or to community service under the

10 supervision of a probation or court services department after

11 January 1, 2004, as a condition of such probation or

12 conditional discharge or supervised community service, a fee of

13 $50 for each month of probation or conditional discharge

14 supervision or supervised community service ordered by the

15 court, unless after determining the inability of the person

16 sentenced to probation or conditional discharge or supervised

17 community service to pay the fee, the court assesses a lesser

18 fee. The court may not impose the fee on a minor who is made a

19 ward of the State under the Juvenile Court Act of 1987 while

20 the minor is in placement. The fee shall be imposed only upon

21 an offender who is actively supervised by the probation and

22 court services department. The fee shall be collected by the

23 clerk of the circuit court. The clerk of the circuit court

24 shall pay all monies collected from this fee to the county

25 treasurer for deposit in the probation and court services fund

26 under Section 15.1 of the Probation and Probation Officers Act.

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1 A circuit court may not impose a probation fee under this

2 subsection (i) in excess of $25 per month unless the circuit

3 court has adopted, by administrative order issued by the chief

4 judge, a standard probation fee guide determining an offender's

5 ability to pay Of the amount collected as a probation fee, up

6 to $5 of that fee collected per month may be used to provide

7 services to crime victims and their families.

8 The Court may only waive probation fees based on an

9 offender's ability to pay. The probation department may

10 re-evaluate an offender's ability to pay every 6 months, and,

11 with the approval of the Director of Court Services or the

12 Chief Probation Officer, adjust the monthly fee amount. An

13 offender may elect to pay probation fees due in a lump sum. Any

14 offender that has been assigned to the supervision of a

15 probation department, or has been transferred either under

16 subsection (h) of this Section or under any interstate compact,

17 shall be required to pay probation fees to the department

18 supervising the offender, based on the offender's ability to

19 pay.

20 This amendatory Act of the 93rd General Assembly deletes

21 the $10 increase in the fee under this subsection that was

22 imposed by Public Act 93-616. This deletion is intended to

23 control over any other Act of the 93rd General Assembly that

24 retains or incorporates that fee increase.

25 (i-5) In addition to the fees imposed under subsection (i)

26 of this Section, in the case of an offender convicted of a

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1 felony sex offense (as defined in the Sex Offender Management

2 Board Act) or an offense that the court or probation department

3 has determined to be sexually motivated (as defined in the Sex

4 Offender Management Board Act), the court or the probation

5 department shall assess additional fees to pay for all costs of

6 treatment, assessment, evaluation for risk and treatment, and

7 monitoring the offender, based on that offender's ability to

8 pay those costs either as they occur or under a payment plan.

9 (j) All fines and costs imposed under this Section for any

10 violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle

11 Code, or a similar provision of a local ordinance, and any

12 violation of the Child Passenger Protection Act, or a similar

13 provision of a local ordinance, shall be collected and

14 disbursed by the circuit clerk as provided under Section 27.5

15 of the Clerks of Courts Act.

16 (k) Any offender who is sentenced to probation or

17 conditional discharge for a felony sex offense as defined in

18 the Sex Offender Management Board Act or any offense that the

19 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 (l) The court may order an offender who is sentenced to

26 probation or conditional discharge for a violation of an order

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1 of protection be placed under electronic surveillance as

2 provided in Section 5-8A-7 of this Code.

3 (Source: P.A. 97-454, eff. 1-1-12; 97-560, eff. 1-1-12; 97-597,

4 eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1131, eff. 1-1-13;

5 97-1150, eff. 1-25-13; 98-575, eff. 1-1-14.)

6 Section 99. Effective date. This Act takes effect upon

7 becoming law.