093_SB1457enr SB1457 Enrolled LRB093 08502 RLC 08726 b 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Unified Code of Corrections is amended by 5 changing Sections 5-6-3 and 5-6-3.1 and by adding Sections 6 5-5-10 and 5-9-1.12 as follows: 7 (730 ILCS 5/5-5-10 new) 8 Sec. 5-5-10. Community service fee. When an offender or 9 defendant is ordered by the court to perform community 10 service and the offender is not otherwise assessed a fee for 11 probation services, the court shall impose a fee of $50 for 12 each month the community service ordered by the court is 13 supervised by a probation and court services department, 14 unless after determining the inability of the person 15 sentenced to community service to pay the fee, the court 16 assesses a lesser fee. The court may not impose a fee on a 17 minor who is made a ward of the State under the Juvenile 18 Court Act of 1987 while the minor is in placement. The fee 19 shall be imposed only on an offender who is actively 20 supervised by the probation and court services department. 21 The fee shall be collected by the clerk of the circuit court. 22 The clerk of the circuit court shall pay all monies collected 23 from this fee to the county treasurer for deposit in the 24 probation and court services fund under Section 15.1 of the 25 Probation and Probation Officers Act. 26 A circuit court may not impose a probation fee in excess 27 of $25 per month unless: (1) the circuit court has adopted, 28 by administrative order issued by the chief judge, a standard 29 probation fee guide determining an offender's ability to pay, 30 under guidelines developed by the Administrative Office of 31 the Illinois Courts; and (2) the circuit court has SB1457 Enrolled -2- LRB093 08502 RLC 08726 b 1 authorized, by administrative order issued by the chief 2 judge, the creation of a Crime Victim's Services Fund, to be 3 administered by the Chief Judge or his or her designee, for 4 services to crime victims and their families. Of the amount 5 collected as a probation fee, not to exceed $5 of that fee 6 collected per month may be used to provide services to crime 7 victims and their families. 8 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) 9 Sec. 5-6-3. Conditions of Probation and of Conditional 10 Discharge. 11 (a) The conditions of probation and of conditional 12 discharge shall be that the person: 13 (1) not violate any criminal statute of any 14 jurisdiction; 15 (2) report to or appear in person before such 16 person or agency as directed by the court; 17 (3) refrain from possessing a firearm or other 18 dangerous weapon; 19 (4) not leave the State without the consent of the 20 court or, in circumstances in which the reason for the 21 absence is of such an emergency nature that prior consent 22 by the court is not possible, without the prior 23 notification and approval of the person's probation 24 officer. Transfer of a person's probation or conditional 25 discharge supervision to another state is subject to 26 acceptance by the other state pursuant to the Interstate 27 Compact for Adult Offender Supervision; 28 (5) permit the probation officer to visit him at 29 his home or elsewhere to the extent necessary to 30 discharge his duties; 31 (6) perform no less than 30 hours of community 32 service and not more than 120 hours of community service, 33 if community service is available in the jurisdiction and SB1457 Enrolled -3- LRB093 08502 RLC 08726 b 1 is funded and approved by the county board where the 2 offense was committed, where the offense was related to 3 or in furtherance of the criminal activities of an 4 organized gang and was motivated by the offender's 5 membership in or allegiance to an organized gang. The 6 community service shall include, but not be limited to, 7 the cleanup and repair of any damage caused by a 8 violation of Section 21-1.3 of the Criminal Code of 1961 9 and similar damage to property located within the 10 municipality or county in which the violation occurred. 11 When possible and reasonable, the community service 12 should be performed in the offender's neighborhood. For 13 purposes of this Section, "organized gang" has the 14 meaning ascribed to it in Section 10 of the Illinois 15 Streetgang Terrorism Omnibus Prevention Act; 16 (7) if he or she is at least 17 years of age and 17 has been sentenced to probation or conditional discharge 18 for a misdemeanor or felony in a county of 3,000,000 or 19 more inhabitants and has not been previously convicted of 20 a misdemeanor or felony, may be required by the 21 sentencing court to attend educational courses designed 22 to prepare the defendant for a high school diploma and to 23 work toward a high school diploma or to work toward 24 passing the high school level Test of General Educational 25 Development (GED) or to work toward completing a 26 vocational training program approved by the court. The 27 person on probation or conditional discharge must attend 28 a public institution of education to obtain the 29 educational or vocational training required by this 30 clause (7). The court shall revoke the probation or 31 conditional discharge of a person who wilfully fails to 32 comply with this clause (7). The person on probation or 33 conditional discharge shall be required to pay for the 34 cost of the educational courses or GED test, if a fee is SB1457 Enrolled -4- LRB093 08502 RLC 08726 b 1 charged for those courses or test. The court shall 2 resentence the offender whose probation or conditional 3 discharge has been revoked as provided in Section 5-6-4. 4 This clause (7) does not apply to a person who has a 5 high school diploma or has successfully passed the GED 6 test. This clause (7) does not apply to a person who is 7 determined by the court to be developmentally disabled or 8 otherwise mentally incapable of completing the 9 educational or vocational program; 10 (8) if convicted of possession of a substance 11 prohibited by the Cannabis Control Act or Illinois 12 Controlled Substances Act after a previous conviction or 13 disposition of supervision for possession of a substance 14 prohibited by the Cannabis Control Act or Illinois 15 Controlled Substances Act or after a sentence of 16 probation under Section 10 of the Cannabis Control Act or 17 Section 410 of the Illinois Controlled Substances Act and 18 upon a finding by the court that the person is addicted, 19 undergo treatment at a substance abuse program approved 20 by the court; and 21 (9) if convicted of a felony, physically surrender 22 at a time and place designated by the court, his or her 23 Firearm Owner's Identification Card and any and all 24 firearms in his or her possession. 25 (b) The Court may in addition to other reasonable 26 conditions relating to the nature of the offense or the 27 rehabilitation of the defendant as determined for each 28 defendant in the proper discretion of the Court require that 29 the person: 30 (1) serve a term of periodic imprisonment under 31 Article 7 for a period not to exceed that specified in 32 paragraph (d) of Section 5-7-1; 33 (2) pay a fine and costs; 34 (3) work or pursue a course of study or vocational SB1457 Enrolled -5- LRB093 08502 RLC 08726 b 1 training; 2 (4) undergo medical, psychological or psychiatric 3 treatment; or treatment for drug addiction or alcoholism; 4 (5) attend or reside in a facility established for 5 the instruction or residence of defendants on probation; 6 (6) support his dependents; 7 (7) and in addition, if a minor: 8 (i) reside with his parents or in a foster 9 home; 10 (ii) attend school; 11 (iii) attend a non-residential program for 12 youth; 13 (iv) contribute to his own support at home or 14 in a foster home; 15 (v) with the consent of the superintendent of 16 the facility, attend an educational program at a 17 facility other than the school in which the offense 18 was committed if he or she is convicted of a crime 19 of violence as defined in Section 2 of the Crime 20 Victims Compensation Act committed in a school, on 21 the real property comprising a school, or within 22 1,000 feet of the real property comprising a school; 23 (8) make restitution as provided in Section 5-5-6 24 of this Code; 25 (9) perform some reasonable public or community 26 service; 27 (10) serve a term of home confinement. In addition 28 to any other applicable condition of probation or 29 conditional discharge, the conditions of home confinement 30 shall be that the offender: 31 (i) remain within the interior premises of the 32 place designated for his confinement during the 33 hours designated by the court; 34 (ii) admit any person or agent designated by SB1457 Enrolled -6- LRB093 08502 RLC 08726 b 1 the court into the offender's place of confinement 2 at any time for purposes of verifying the offender's 3 compliance with the conditions of his confinement; 4 and 5 (iii) if further deemed necessary by the court 6 or the Probation or Court Services Department, be 7 placed on an approved electronic monitoring device, 8 subject to Article 8A of Chapter V; 9 (iv) for persons convicted of any alcohol, 10 cannabis or controlled substance violation who are 11 placed on an approved monitoring device as a 12 condition of probation or conditional discharge, the 13 court shall impose a reasonable fee for each day of 14 the use of the device, as established by the county 15 board in subsection (g) of this Section, unless 16 after determining the inability of the offender to 17 pay the fee, the court assesses a lesser fee or no 18 fee as the case may be. This fee shall be imposed in 19 addition to the fees imposed under subsections 20 (g) and (i) of this Section. The fee shall be 21 collected by the clerk of the circuit court. The 22 clerk of the circuit court shall pay all monies 23 collected from this fee to the county treasurer for 24 deposit in the substance abuse services fund under 25 Section 5-1086.1 of the Counties Code; and 26 (v) for persons convicted of offenses other 27 than those referenced in clause (iv) above and who 28 are placed on an approved monitoring device as a 29 condition of probation or conditional discharge, the 30 court shall impose a reasonable fee for each day of 31 the use of the device, as established by the county 32 board in subsection (g) of this Section, unless 33 after determining the inability of the defendant to 34 pay the fee, the court assesses a lesser fee or no SB1457 Enrolled -7- LRB093 08502 RLC 08726 b 1 fee as the case may be. This fee shall be imposed 2 in addition to the fees imposed under subsections 3 (g) and (i) of this Section. The fee shall be 4 collected by the clerk of the circuit court. The 5 clerk of the circuit court shall pay all monies 6 collected from this fee to the county treasurer who 7 shall use the monies collected to defray the costs 8 of corrections. The county treasurer shall deposit 9 the fee collected in the county working cash fund 10 under Section 6-27001 or Section 6-29002 of the 11 Counties Code, as the case may be. 12 (11) comply with the terms and conditions of an 13 order of protection issued by the court pursuant to the 14 Illinois Domestic Violence Act of 1986, as now or 15 hereafter amended, or an order of protection issued by 16 the court of another state, tribe, or United States 17 territory. A copy of the order of protection shall be 18 transmitted to the probation officer or agency having 19 responsibility for the case; 20 (12) reimburse any "local anti-crime program" as 21 defined in Section 7 of the Anti-Crime Advisory Council 22 Act for any reasonable expenses incurred by the program 23 on the offender's case, not to exceed the maximum amount 24 of the fine authorized for the offense for which the 25 defendant was sentenced; 26 (13) contribute a reasonable sum of money, not to 27 exceed the maximum amount of the fine authorized for the 28 offense for which the defendant was sentenced, to a 29 "local anti-crime program", as defined in Section 7 of 30 the Anti-Crime Advisory Council Act; 31 (14) refrain from entering into a designated 32 geographic area except upon such terms as the court finds 33 appropriate. Such terms may include consideration of the 34 purpose of the entry, the time of day, other persons SB1457 Enrolled -8- LRB093 08502 RLC 08726 b 1 accompanying the defendant, and advance approval by a 2 probation officer, if the defendant has been placed on 3 probation or advance approval by the court, if the 4 defendant was placed on conditional discharge; 5 (15) refrain from having any contact, directly or 6 indirectly, with certain specified persons or particular 7 types of persons, including but not limited to members of 8 street gangs and drug users or dealers; 9 (16) refrain from having in his or her body the 10 presence of any illicit drug prohibited by the Cannabis 11 Control Act or the Illinois Controlled Substances Act, 12 unless prescribed by a physician, and submit samples of 13 his or her blood or urine or both for tests to determine 14 the presence of any illicit drug. 15 (c) The court may as a condition of probation or of 16 conditional discharge require that a person under 18 years of 17 age found guilty of any alcohol, cannabis or controlled 18 substance violation, refrain from acquiring a driver's 19 license during the period of probation or conditional 20 discharge. If such person is in possession of a permit or 21 license, the court may require that the minor refrain from 22 driving or operating any motor vehicle during the period of 23 probation or conditional discharge, except as may be 24 necessary in the course of the minor's lawful employment. 25 (d) An offender sentenced to probation or to conditional 26 discharge shall be given a certificate setting forth the 27 conditions thereof. 28 (e) Except where the offender has committed a fourth or 29 subsequent violation of subsection (c) of Section 6-303 of 30 the Illinois Vehicle Code, the court shall not require as a 31 condition of the sentence of probation or conditional 32 discharge that the offender be committed to a period of 33 imprisonment in excess of 6 months. This 6 month limit shall 34 not include periods of confinement given pursuant to a SB1457 Enrolled -9- LRB093 08502 RLC 08726 b 1 sentence of county impact incarceration under Section 2 5-8-1.2. This 6 month limit does not apply to a person 3 sentenced to probation as a result of a conviction of a 4 fourth or subsequent violation of subsection (c-4) of Section 5 11-501 of the Illinois Vehicle Code or a similar provision of 6 a local ordinance. 7 Persons committed to imprisonment as a condition of 8 probation or conditional discharge shall not be committed to 9 the Department of Corrections. 10 (f) The court may combine a sentence of periodic 11 imprisonment under Article 7 or a sentence to a county impact 12 incarceration program under Article 8 with a sentence of 13 probation or conditional discharge. 14 (g) An offender sentenced to probation or to conditional 15 discharge and who during the term of either undergoes 16 mandatory drug or alcohol testing, or both, or is assigned to 17 be placed on an approved electronic monitoring device, shall 18 be ordered to pay all costs incidental to such mandatory drug 19 or alcohol testing, or both, and all costs incidental to such 20 approved electronic monitoring in accordance with the 21 defendant's ability to pay those costs. The county board 22 with the concurrence of the Chief Judge of the judicial 23 circuit in which the county is located shall establish 24 reasonable fees for the cost of maintenance, testing, and 25 incidental expenses related to the mandatory drug or alcohol 26 testing, or both, and all costs incidental to approved 27 electronic monitoring, involved in a successful probation 28 program for the county. The concurrence of the Chief Judge 29 shall be in the form of an administrative order. The fees 30 shall be collected by the clerk of the circuit court. The 31 clerk of the circuit court shall pay all moneys collected 32 from these fees to the county treasurer who shall use the 33 moneys collected to defray the costs of drug testing, alcohol 34 testing, and electronic monitoring. The county treasurer SB1457 Enrolled -10- LRB093 08502 RLC 08726 b 1 shall deposit the fees collected in the county working cash 2 fund under Section 6-27001 or Section 6-29002 of the Counties 3 Code, as the case may be. 4 (h) Jurisdiction over an offender may be transferred 5 from the sentencing court to the court of another circuit 6 with the concurrence of both courts. Further transfers or 7 retransfers of jurisdiction are also authorized in the same 8 manner. The court to which jurisdiction has been transferred 9 shall have the same powers as the sentencing court. 10 (i) The court shall impose upon an offender sentenced to 11 probation after January 1, 1989 or to conditional discharge 12 after January 1, 1992 or to community service under the 13 supervision of a probation or court services department after 14 January 1, 2004, as a condition of such probation or 15 conditional discharge or supervised community service, a fee 16 of $50$25for each month of probation or conditional 17 discharge supervision or supervised community service ordered 18 by the court, unless after determining the inability of the 19 person sentenced to probation or conditional discharge or 20 supervised community service to pay the fee, the court 21 assesses a lesser fee. The court may not impose the fee on a 22 minor who is made a ward of the State under the Juvenile 23 Court Act of 1987 while the minor is in placement. The fee 24 shall be imposed only upon an offender who is actively 25 supervised by the probation and court services department. 26 The fee shall be collected by the clerk of the circuit court. 27 The clerk of the circuit court shall pay all monies collected 28 from this fee to the county treasurer for deposit in the 29 probation and court services fund under Section 15.1 of the 30 Probation and Probation Officers Act. 31 A circuit court may not impose a probation fee in excess 32 of $25 per month unless: (1) the circuit court has adopted, 33 by administrative order issued by the chief judge, a standard 34 probation fee guide determining an offender's ability to pay, SB1457 Enrolled -11- LRB093 08502 RLC 08726 b 1 under guidelines developed by the Administrative Office of 2 the Illinois Courts; and (2) the circuit court has 3 authorized, by administrative order issued by the chief 4 judge, the creation of a Crime Victim's Services Fund, to be 5 administered by the Chief Judge or his or her designee, for 6 services to crime victims and their families. Of the amount 7 collected as a probation fee, not to exceed $5 of that fee 8 collected per month may be used to provide services to crime 9 victims and their families. 10 (j) All fines and costs imposed under this Section for 11 any violation of Chapters 3, 4, 6, and 11 of the Illinois 12 Vehicle Code, or a similar provision of a local ordinance, 13 and any violation of the Child Passenger Protection Act, or a 14 similar provision of a local ordinance, shall be collected 15 and disbursed by the circuit clerk as provided under Section 16 27.5 of the Clerks of Courts Act. 17 (Source: P.A. 91-325, eff. 7-29-99; 91-696, eff. 4-13-00; 18 91-903, eff. 1-1-01; 92-282, eff. 8-7-01; 92-340, eff. 19 8-10-01; 92-418, eff. 8-17-01; 92-442, eff. 8-17-01; 92-571, 20 eff. 6-26-02; 92-651, eff. 7-11-02.) 21 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1) 22 Sec. 5-6-3.1. Incidents and Conditions of Supervision. 23 (a) When a defendant is placed on supervision, the court 24 shall enter an order for supervision specifying the period of 25 such supervision, and shall defer further proceedings in the 26 case until the conclusion of the period. 27 (b) The period of supervision shall be reasonable under 28 all of the circumstances of the case, but may not be longer 29 than 2 years, unless the defendant has failed to pay the 30 assessment required by Section 10.3 of the Cannabis Control 31 Act or Section 411.2 of the Illinois Controlled Substances 32 Act, in which case the court may extend supervision beyond 2 33 years. Additionally, the court shall order the defendant to SB1457 Enrolled -12- LRB093 08502 RLC 08726 b 1 perform no less than 30 hours of community service and not 2 more than 120 hours of community service, if community 3 service is available in the jurisdiction and is funded and 4 approved by the county board where the offense was committed, 5 when the offense (1) was related to or in furtherance of the 6 criminal activities of an organized gang or was motivated by 7 the defendant's membership in or allegiance to an organized 8 gang; or (2) is a violation of any Section of Article 24 of 9 the Criminal Code of 1961 where a disposition of supervision 10 is not prohibited by Section 5-6-1 of this Code. The 11 community service shall include, but not be limited to, the 12 cleanup and repair of any damage caused by violation of 13 Section 21-1.3 of the Criminal Code of 1961 and similar 14 damages to property located within the municipality or county 15 in which the violation occurred. Where possible and 16 reasonable, the community service should be performed in the 17 offender's neighborhood. 18 For the purposes of this Section, "organized gang" has 19 the meaning ascribed to it in Section 10 of the Illinois 20 Streetgang Terrorism Omnibus Prevention Act. 21 (c) The court may in addition to other reasonable 22 conditions relating to the nature of the offense or the 23 rehabilitation of the defendant as determined for each 24 defendant in the proper discretion of the court require that 25 the person: 26 (1) make a report to and appear in person before or 27 participate with the court or such courts, person, or 28 social service agency as directed by the court in the 29 order of supervision; 30 (2) pay a fine and costs; 31 (3) work or pursue a course of study or vocational 32 training; 33 (4) undergo medical, psychological or psychiatric 34 treatment; or treatment for drug addiction or alcoholism; SB1457 Enrolled -13- LRB093 08502 RLC 08726 b 1 (5) attend or reside in a facility established for 2 the instruction or residence of defendants on probation; 3 (6) support his dependents; 4 (7) refrain from possessing a firearm or other 5 dangerous weapon; 6 (8) and in addition, if a minor: 7 (i) reside with his parents or in a foster 8 home; 9 (ii) attend school; 10 (iii) attend a non-residential program for 11 youth; 12 (iv) contribute to his own support at home or 13 in a foster home; or 14 (v) with the consent of the superintendent of 15 the facility, attend an educational program at a 16 facility other than the school in which the offense 17 was committed if he or she is placed on supervision 18 for a crime of violence as defined in Section 2 of 19 the Crime Victims Compensation Act committed in a 20 school, on the real property comprising a school, or 21 within 1,000 feet of the real property comprising a 22 school; 23 (9) make restitution or reparation in an amount not 24 to exceed actual loss or damage to property and pecuniary 25 loss or make restitution under Section 5-5-6 to a 26 domestic violence shelter. The court shall determine the 27 amount and conditions of payment; 28 (10) perform some reasonable public or community 29 service; 30 (11) comply with the terms and conditions of an 31 order of protection issued by the court pursuant to the 32 Illinois Domestic Violence Act of 1986 or an order of 33 protection issued by the court of another state, tribe, 34 or United States territory. If the court has ordered the SB1457 Enrolled -14- LRB093 08502 RLC 08726 b 1 defendant to make a report and appear in person under 2 paragraph (1) of this subsection, a copy of the order of 3 protection shall be transmitted to the person or agency 4 so designated by the court; 5 (12) reimburse any "local anti-crime program" as 6 defined in Section 7 of the Anti-Crime Advisory Council 7 Act for any reasonable expenses incurred by the program 8 on the offender's case, not to exceed the maximum amount 9 of the fine authorized for the offense for which the 10 defendant was sentenced; 11 (13) contribute a reasonable sum of money, not to 12 exceed the maximum amount of the fine authorized for the 13 offense for which the defendant was sentenced, to a 14 "local anti-crime program", as defined in Section 7 of 15 the Anti-Crime Advisory Council Act; 16 (14) refrain from entering into a designated 17 geographic area except upon such terms as the court finds 18 appropriate. Such terms may include consideration of the 19 purpose of the entry, the time of day, other persons 20 accompanying the defendant, and advance approval by a 21 probation officer; 22 (15) refrain from having any contact, directly or 23 indirectly, with certain specified persons or particular 24 types of person, including but not limited to members of 25 street gangs and drug users or dealers; 26 (16) refrain from having in his or her body the 27 presence of any illicit drug prohibited by the Cannabis 28 Control Act or the Illinois Controlled Substances Act, 29 unless prescribed by a physician, and submit samples of 30 his or her blood or urine or both for tests to determine 31 the presence of any illicit drug; 32 (17) refrain from operating any motor vehicle not 33 equipped with an ignition interlock device as defined in 34 Section 1-129.1 of the Illinois Vehicle Code. Under this SB1457 Enrolled -15- LRB093 08502 RLC 08726 b 1 condition the court may allow a defendant who is not 2 self-employed to operate a vehicle owned by the 3 defendant's employer that is not equipped with an 4 ignition interlock device in the course and scope of the 5 defendant's employment. 6 (d) The court shall defer entering any judgment on the 7 charges until the conclusion of the supervision. 8 (e) At the conclusion of the period of supervision, if 9 the court determines that the defendant has successfully 10 complied with all of the conditions of supervision, the court 11 shall discharge the defendant and enter a judgment dismissing 12 the charges. 13 (f) Discharge and dismissal upon a successful conclusion 14 of a disposition of supervision shall be deemed without 15 adjudication of guilt and shall not be termed a conviction 16 for purposes of disqualification or disabilities imposed by 17 law upon conviction of a crime. Two years after the 18 discharge and dismissal under this Section, unless the 19 disposition of supervision was for a violation of Sections 20 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois 21 Vehicle Code or a similar provision of a local ordinance, or 22 for a violation of Sections 12-3.2 or 16A-3 of the Criminal 23 Code of 1961, in which case it shall be 5 years after 24 discharge and dismissal, a person may have his record of 25 arrest sealed or expunged as may be provided by law. 26 However, any defendant placed on supervision before January 27 1, 1980, may move for sealing or expungement of his arrest 28 record, as provided by law, at any time after discharge and 29 dismissal under this Section. A person placed on supervision 30 for a sexual offense committed against a minor as defined in 31 subsection (g) of Section 5 of the Criminal Identification 32 Act or for a violation of Section 11-501 of the Illinois 33 Vehicle Code or a similar provision of a local ordinance 34 shall not have his or her record of arrest sealed or SB1457 Enrolled -16- LRB093 08502 RLC 08726 b 1 expunged. 2 (g) A defendant placed on supervision and who during the 3 period of supervision undergoes mandatory drug or alcohol 4 testing, or both, or is assigned to be placed on an approved 5 electronic monitoring device, shall be ordered to pay the 6 costs incidental to such mandatory drug or alcohol testing, 7 or both, and costs incidental to such approved electronic 8 monitoring in accordance with the defendant's ability to pay 9 those costs. The county board with the concurrence of the 10 Chief Judge of the judicial circuit in which the county is 11 located shall establish reasonable fees for the cost of 12 maintenance, testing, and incidental expenses related to the 13 mandatory drug or alcohol testing, or both, and all costs 14 incidental to approved electronic monitoring, of all 15 defendants placed on supervision. The concurrence of the 16 Chief Judge shall be in the form of an administrative order. 17 The fees shall be collected by the clerk of the circuit 18 court. The clerk of the circuit court shall pay all moneys 19 collected from these fees to the county treasurer who shall 20 use the moneys collected to defray the costs of drug testing, 21 alcohol testing, and electronic monitoring. The county 22 treasurer shall deposit the fees collected in the county 23 working cash fund under Section 6-27001 or Section 6-29002 of 24 the Counties Code, as the case may be. 25 (h) A disposition of supervision is a final order for 26 the purposes of appeal. 27 (i) The court shall impose upon a defendant placed on 28 supervision after January 1, 1992 or to community service 29 under the supervision of a probation or court services 30 department after January 1, 2004, as a condition of 31 supervision or supervised community service, a fee of $50$2532 for each month of supervision or supervised community service 33 ordered by the court, unless after determining the inability 34 of the person placed on supervision or supervised community SB1457 Enrolled -17- LRB093 08502 RLC 08726 b 1 service to pay the fee, the court assesses a lesser fee. The 2 court may not impose the fee on a minor who is made a ward of 3 the State under the Juvenile Court Act of 1987 while the 4 minor is in placement. The fee shall be imposed only upon a 5 defendant who is actively supervised by the probation and 6 court services department. The fee shall be collected by the 7 clerk of the circuit court. The clerk of the circuit court 8 shall pay all monies collected from this fee to the county 9 treasurer for deposit in the probation and court services 10 fund pursuant to Section 15.1 of the Probation and Probation 11 Officers Act. 12 A circuit court may not impose a probation fee in excess 13 of $25 per month unless: (1) the circuit court has adopted, 14 by administrative order issued by the chief judge, a standard 15 probation fee guide determining an offender's ability to pay, 16 under guidelines developed by the Administrative Office of 17 the Illinois Courts; and (2) the circuit court has 18 authorized, by administrative order issued by the chief 19 judge, the creation of a Crime Victim's Services Fund, to be 20 administered by the Chief Judge or his or her designee, for 21 services to crime victims and their families. Of the amount 22 collected as a probation fee, not to exceed $5 of that fee 23 collected per month may be used to provide services to crime 24 victims and their families. 25 (j) All fines and costs imposed under this Section for 26 any violation of Chapters 3, 4, 6, and 11 of the Illinois 27 Vehicle Code, or a similar provision of a local ordinance, 28 and any violation of the Child Passenger Protection Act, or a 29 similar provision of a local ordinance, shall be collected 30 and disbursed by the circuit clerk as provided under Section 31 27.5 of the Clerks of Courts Act. 32 (k) A defendant at least 17 years of age who is placed 33 on supervision for a misdemeanor in a county of 3,000,000 or 34 more inhabitants and who has not been previously convicted of SB1457 Enrolled -18- LRB093 08502 RLC 08726 b 1 a misdemeanor or felony may as a condition of his or her 2 supervision be required by the court to attend educational 3 courses designed to prepare the defendant for a high school 4 diploma and to work toward a high school diploma or to work 5 toward passing the high school level Test of General 6 Educational Development (GED) or to work toward completing a 7 vocational training program approved by the court. The 8 defendant placed on supervision must attend a public 9 institution of education to obtain the educational or 10 vocational training required by this subsection (k). The 11 defendant placed on supervision shall be required to pay for 12 the cost of the educational courses or GED test, if a fee is 13 charged for those courses or test. The court shall revoke 14 the supervision of a person who wilfully fails to comply with 15 this subsection (k). The court shall resentence the 16 defendant upon revocation of supervision as provided in 17 Section 5-6-4. This subsection (k) does not apply to a 18 defendant who has a high school diploma or has successfully 19 passed the GED test. This subsection (k) does not apply to a 20 defendant who is determined by the court to be 21 developmentally disabled or otherwise mentally incapable of 22 completing the educational or vocational program. 23 (l) The court shall require a defendant placed on 24 supervision for possession of a substance prohibited by the 25 Cannabis Control Act or Illinois Controlled Substances Act 26 after a previous conviction or disposition of supervision for 27 possession of a substance prohibited by the Cannabis Control 28 Act or Illinois Controlled Substances Act or a sentence of 29 probation under Section 10 of the Cannabis Control Act or 30 Section 410 of the Illinois Controlled Substances Act and 31 after a finding by the court that the person is addicted, to 32 undergo treatment at a substance abuse program approved by 33 the court. 34 (m) The Secretary of State shall require anyone placed SB1457 Enrolled -19- LRB093 08502 RLC 08726 b 1 on court supervision for a violation of Section 3-707 of the 2 Illinois Vehicle Code or a similar provision of a local 3 ordinance to give proof of his or her financial 4 responsibility as defined in Section 7-315 of the Illinois 5 Vehicle Code. The proof shall be maintained by the 6 individual in a manner satisfactory to the Secretary of State 7 for a minimum period of one year after the date the proof is 8 first filed. The proof shall be limited to a single action 9 per arrest and may not be affected by any post-sentence 10 disposition. The Secretary of State shall suspend the 11 driver's license of any person determined by the Secretary to 12 be in violation of this subsection. 13 (Source: P.A. 91-127, eff. 1-1-00; 91-696, eff. 4-13-00; 14 91-903, eff. 1-1-01; 92-282, eff. 8-7-01; 92-458, eff. 15 8-22-01; 92-651, eff. 7-11-02.) 16 (730 ILCS 5/5-9-1.12 new) 17 Sec. 5-9-1.12. Applications for transfer to other 18 states. A person subject to conditions of probation, parole, 19 or mandatory supervised release who seeks to transfer to 20 another state subject to the Interstate Compact for Adult 21 Offender Supervision must make provisions for the payment of 22 any restitution awarded by the circuit court and pay a fee of 23 $125 to the proper administrative or judicial authorities 24 before being granted the transfer, or otherwise arrange for 25 payment. The fee payment from persons subject to a sentence 26 of probation shall be deposited into the general fund of the 27 county in which the circuit has jurisdiction. The fee 28 payment from persons subject to parole or mandatory 29 supervised release shall be deposited into the General 30 Revenue Fund. The proceeds of this fee shall be used to 31 defray the costs of the Department of Corrections or county 32 sheriff departments, respectively, who will be required to 33 retrieve offenders that violate the terms of their transfers SB1457 Enrolled -20- LRB093 08502 RLC 08726 b 1 to other states. Upon return to the State of Illinois, these 2 persons shall also be subject to reimbursing either the State 3 of Illinois or the county for the actual costs of returning 4 them to Illinois. 5 Section 99. Effective date. This Act takes effect upon 6 becoming law.