[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Enrolled ] |
91_HB2096
LRB9104026REpk
1 AN ACT to amend the unified Code of Corrections by
2 changing Sections 3-3-11 and 5-6-3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Sections 3-3-11 and 5-6-3 as follows:
7 (730 ILCS 5/3-3-11) (from Ch. 38, par. 1003-3-11)
8 Sec. 3-3-11. Interstate Parole and Probation Reciprocal
9 Agreements.
10 (a) The Governor of this State is hereby authorized and
11 directed to enter into a compact on behalf of this State with
12 any of the United States legally joining therein in the form
13 substantially as follows:
14 A COMPACT.
15 Entered into by and among the contracting States,
16 signatories hereto, with the consent of Congress of the
17 United States of America, granted by "An Act granting the
18 consent of Congress to any two or more states to enter into
19 agreements or compacts for cooperative effort and mutual
20 assistance in the prevention of crime and for other
21 purposes".
22 The contracting States solemnly agree:
23 (1) That it shall be competent for the duly constituted
24 judicial and administrative authorities of a State party to
25 this compact, (herein called "sending State") to permit any
26 person convicted of an offense within such State and placed
27 on probation or released on parole to reside in any other
28 State party to this compact, (herein called "receiving
29 State") while on probation or parole, if
30 (a) Such person is in fact a resident of or has his
31 family residing within the receiving State and can obtain
-2- LRB9104026REpk
1 employment there;
2 (b) Though not a resident of the receiving State and not
3 having his family residing there, the receiving State
4 consents to such person's being sent there.
5 Before granting such permission, opportunity shall be
6 granted to the receiving State to investigate the home and
7 prospective employment of such person.
8 A resident of the receiving State, within the meaning of
9 this Section, is one who has been an actual inhabitant of
10 such State continuously for more than one year prior to his
11 coming to the sending State and has not resided within the
12 sending State for more than 6 continuous months immediately
13 preceding the commission of the offense for which he has been
14 convicted.
15 (2) That each receiving State will assume the duties of
16 visitation of and supervision over probationers or parolees
17 of any sending State and in the exercise of those duties will
18 be governed by the same standards that prevail for its own
19 probationers and parolees.
20 (3) That duly accredited officers of a sending State may
21 at all times enter a receiving State and there apprehend and
22 retake any person on probation or parole. For that purpose no
23 formalities will be required other than establishing the
24 authority of the officer and the identity of the person to be
25 retaken. All legal requirements to obtain extradition of
26 fugitives from justice are hereby expressly waived. The
27 decision of the sending State to retake a person on probation
28 or parole shall be conclusive upon and not reviewable within
29 the receiving State: Provided, however, that if at the time
30 when a State seeks to retake a probationer or parolee there
31 should be pending against him within the receiving State any
32 criminal charge, or he should be suspected of having
33 committed within such State a criminal offense, he shall not
34 be retaken without the consent of the receiving State until
-3- LRB9104026REpk
1 discharged from prosecution or from imprisonment for such
2 offense.
3 (4) That the duly accredited officers of the sending
4 State will be permitted to transport prisoners being retaken
5 through any and all States parties to this compact, without
6 interference.
7 (5) That the Governor of each State may designate an
8 officer who, acting jointly with like officers of other
9 contracting States, if and when appointed, shall promulgate
10 such rules and regulations as may be deemed necessary to
11 carry out more effectively the terms of this compact.
12 (6) That this compact shall become operative immediately
13 upon its ratification by any State as between it and any
14 other State or States so ratifying. When ratified it shall
15 have the full force and effect of law within such State. The
16 form of ratification shall be in accordance with the laws of
17 the ratifying State.
18 (7) That this compact shall continue in force and remain
19 binding upon each ratifying State until renounced by it. The
20 duties and obligations hereunder of a renouncing State shall
21 continue as to parolees or probationers residing therein at
22 the time of withdrawal until retaken or finally discharged by
23 the sending State. Renunciation of this compact shall be by
24 the same authority which ratified it, by sending 6 months
25 notice in writing of its intention to withdraw from the
26 compact.
27 (Source: P.A. 77-2097.)
28 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
29 Sec. 5-6-3. Conditions of Probation and of Conditional
30 Discharge.
31 (a) The conditions of probation and of conditional
32 discharge shall be that the person:
33 (1) not violate any criminal statute of any
-4- LRB9104026REpk
1 jurisdiction;
2 (2) report to or appear in person before such
3 person or agency as directed by the court;
4 (3) refrain from possessing a firearm or other
5 dangerous weapon;
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;
12 (5) permit the probation officer to visit him at
13 his home or elsewhere to the extent necessary to
14 discharge his duties;
15 (6) perform no less than 30 hours of community
16 service and not more than 120 hours of community service,
17 if community service is available in the jurisdiction and
18 is funded and approved by the county board where the
19 offense was committed, where the offense was related to
20 or in furtherance of the criminal activities of an
21 organized gang and was motivated by the offender's
22 membership in or allegiance to an organized gang. The
23 community service shall include, but not be limited to,
24 the cleanup and repair of any damage caused by a
25 violation of Section 21-1.3 of the Criminal Code of 1961
26 and similar damage to property located within the
27 municipality or county in which the violation occurred.
28 When possible and reasonable, the community service
29 should be performed in the offender's neighborhood. For
30 purposes of this Section, "organized gang" has the
31 meaning ascribed to it in Section 10 of the Illinois
32 Streetgang Terrorism Omnibus Prevention Act;
33 (7) if he or she is at least 17 years of age and
34 has been sentenced to probation or conditional discharge
-5- LRB9104026REpk
1 for a misdemeanor or felony in a county of 3,000,000 or
2 more inhabitants and has not been previously convicted of
3 a misdemeanor or felony, may be required by the
4 sentencing court to attend educational courses designed
5 to prepare the defendant for a high school diploma and to
6 work toward a high school diploma or to work toward
7 passing the high school level Test of General Educational
8 Development (GED) or to work toward completing a
9 vocational training program approved by the court. The
10 person on probation or conditional discharge must attend
11 a public institution of education to obtain the
12 educational or vocational training required by this
13 clause (7). The court shall revoke the probation or
14 conditional discharge of a person who wilfully fails to
15 comply with this clause (7). The person on probation or
16 conditional discharge shall be required to pay for the
17 cost of the educational courses or GED test, if a fee is
18 charged for those courses or test. The court shall
19 resentence the offender whose probation or conditional
20 discharge has been revoked as provided in Section 5-6-4.
21 This clause (7) does not apply to a person who has a high
22 school diploma or has successfully passed the GED test.
23 This clause (7) does not apply to a person who is
24 determined by the court to be developmentally disabled or
25 otherwise mentally incapable of completing the
26 educational or vocational program; and
27 (8) if convicted of possession of a substance
28 prohibited by the Cannabis Control Act or Illinois
29 Controlled Substances Act after a previous conviction or
30 disposition of supervision for possession of a substance
31 prohibited by the Cannabis Control Act or Illinois
32 Controlled Substances Act or after a sentence of
33 probation under Section 10 of the Cannabis Control Act or
34 Section 410 of the Illinois Controlled Substances Act and
-6- LRB9104026REpk
1 upon a finding by the court that the person is addicted,
2 undergo treatment at a substance abuse program approved
3 by the court.
4 (b) The Court may in addition to other reasonable
5 conditions relating to the nature of the offense or the
6 rehabilitation of the defendant as determined for each
7 defendant in the proper discretion of the Court require that
8 the person:
9 (1) serve a term of periodic imprisonment under
10 Article 7 for a period not to exceed that specified in
11 paragraph (d) of Section 5-7-1;
12 (2) pay a fine and costs;
13 (3) work or pursue a course of study or vocational
14 training;
15 (4) undergo medical, psychological or psychiatric
16 treatment; or treatment for drug addiction or alcoholism;
17 (5) attend or reside in a facility established for
18 the instruction or residence of defendants on probation;
19 (6) support his dependents;
20 (7) and in addition, if a minor:
21 (i) reside with his parents or in a foster
22 home;
23 (ii) attend school;
24 (iii) attend a non-residential program for
25 youth;
26 (iv) contribute to his own support at home or
27 in a foster home;
28 (8) make restitution as provided in Section 5-5-6
29 of this Code;
30 (9) perform some reasonable public or community
31 service;
32 (10) serve a term of home confinement. In addition
33 to any other applicable condition of probation or
34 conditional discharge, the conditions of home confinement
-7- LRB9104026REpk
1 shall be that the offender:
2 (i) remain within the interior premises of the
3 place designated for his confinement during the
4 hours designated by the court;
5 (ii) admit any person or agent designated by
6 the court into the offender's place of confinement
7 at any time for purposes of verifying the offender's
8 compliance with the conditions of his confinement;
9 and
10 (iii) if further deemed necessary by the court
11 or the Probation or Court Services Department, be
12 placed on an approved electronic monitoring device,
13 subject to Article 8A of Chapter V;
14 (iv) for persons convicted of any alcohol,
15 cannabis or controlled substance violation who are
16 placed on an approved monitoring device as a
17 condition of probation or conditional discharge, the
18 court shall impose a reasonable fee for each day of
19 the use of the device, as established by the county
20 board in subsection (g) of this Section, unless
21 after determining the inability of the offender to
22 pay the fee, the court assesses a lesser fee or no
23 fee as the case may be. This fee shall be imposed in
24 addition to the fees imposed under subsections (g)
25 and (i) of this Section. The fee shall be collected
26 by the clerk of the circuit court. The clerk of the
27 circuit court shall pay all monies collected from
28 this fee to the county treasurer for deposit in the
29 substance abuse services fund under Section 5-1086.1
30 of the Counties Code; and
31 (v) for persons convicted of offenses other
32 than those referenced in clause (iv) above and who
33 are placed on an approved monitoring device as a
34 condition of probation or conditional discharge, the
-8- LRB9104026REpk
1 court shall impose a reasonable fee for each day of
2 the use of the device, as established by the county
3 board in subsection (g) of this Section, unless
4 after determining the inability of the defendant to
5 pay the fee, the court assesses a lesser fee or no
6 fee as the case may be. This fee shall be imposed
7 in addition to the fees imposed under subsections
8 (g) and (i) of this Section. The fee shall be
9 collected by the clerk of the circuit court. The
10 clerk of the circuit court shall pay all monies
11 collected from this fee to the county treasurer who
12 shall use the monies collected to defray the costs
13 of corrections. The county treasurer shall deposit
14 the fee collected in the county working cash fund
15 under Section 6-27001 or Section 6-29002 of the
16 Counties Code, as the case may be.
17 (11) comply with the terms and conditions of an
18 order of protection issued by the court pursuant to the
19 Illinois Domestic Violence Act of 1986, as now or
20 hereafter amended. A copy of the order of protection
21 shall be transmitted to the probation officer or agency
22 having responsibility for the case;
23 (12) reimburse any "local anti-crime program" as
24 defined in Section 7 of the Anti-Crime Advisory Council
25 Act for any reasonable expenses incurred by the program
26 on the offender's case, not to exceed the maximum amount
27 of the fine authorized for the offense for which the
28 defendant was sentenced;
29 (13) contribute a reasonable sum of money, not to
30 exceed the maximum amount of the fine authorized for the
31 offense for which the defendant was sentenced, to a
32 "local anti-crime program", as defined in Section 7 of
33 the Anti-Crime Advisory Council Act;
34 (14) refrain from entering into a designated
-9- LRB9104026REpk
1 geographic area except upon such terms as the court finds
2 appropriate. Such terms may include consideration of the
3 purpose of the entry, the time of day, other persons
4 accompanying the defendant, and advance approval by a
5 probation officer, if the defendant has been placed on
6 probation or advance approval by the court, if the
7 defendant was placed on conditional discharge;
8 (15) refrain from having any contact, directly or
9 indirectly, with certain specified persons or particular
10 types of persons, including but not limited to members of
11 street gangs and drug users or dealers;
12 (16) refrain from having in his or her body the
13 presence of any illicit drug prohibited by the Cannabis
14 Control Act or the Illinois Controlled Substances Act,
15 unless prescribed by a physician, and submit samples of
16 his or her blood or urine or both for tests to determine
17 the presence of any illicit drug.
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
22 license during the period of probation or conditional
23 discharge. If such person is in possession of a permit or
24 license, the court may require that the minor refrain from
25 driving or operating any motor vehicle during the period of
26 probation or conditional discharge, except as may be
27 necessary in the course of the minor's lawful employment.
28 (d) An offender sentenced to probation or to conditional
29 discharge shall be given a certificate setting forth the
30 conditions thereof.
31 (e) The court shall not require as a condition of the
32 sentence of probation or conditional discharge that the
33 offender be committed to a period of imprisonment in excess
34 of 6 months. This 6 month limit shall not include periods of
-10- LRB9104026REpk
1 confinement given pursuant to a sentence of county impact
2 incarceration under Section 5-8-1.2.
3 Persons committed to imprisonment as a condition of
4 probation or conditional discharge shall not be committed to
5 the Department of Corrections.
6 (f) The court may combine a sentence of periodic
7 imprisonment under Article 7 or a sentence to a county impact
8 incarceration program under Article 8 with a sentence of
9 probation or conditional discharge.
10 (g) An offender sentenced to probation or to conditional
11 discharge and who during the term of either undergoes
12 mandatory drug or alcohol testing, or both, or is assigned to
13 be placed on an approved electronic monitoring device, shall
14 be ordered to pay all costs incidental to such mandatory drug
15 or alcohol testing, or both, and all costs incidental to such
16 approved electronic monitoring in accordance with the
17 defendant's ability to pay those costs. The county board
18 with the concurrence of the Chief Judge of the judicial
19 circuit in which the county is located shall establish
20 reasonable fees for the cost of maintenance, testing, and
21 incidental expenses related to the mandatory drug or alcohol
22 testing, or both, and all costs incidental to approved
23 electronic monitoring, involved in a successful probation
24 program for the county. The concurrence of the Chief Judge
25 shall be in the form of an administrative order. The fees
26 shall be collected by the clerk of the circuit court. The
27 clerk of the circuit court shall pay all moneys collected
28 from these fees to the county treasurer who shall use the
29 moneys collected to defray the costs of drug testing, alcohol
30 testing, and electronic monitoring. The county treasurer
31 shall deposit the fees collected in the county working cash
32 fund under Section 6-27001 or Section 6-29002 of the Counties
33 Code, as the case may be.
34 (h) Jurisdiction over an offender may be transferred
-11- LRB9104026REpk
1 from the sentencing court to the court of another circuit
2 with the concurrence of both courts, or to another state
3 under an Interstate Probation Reciprocal Agreement as
4 provided in Section 3-3-11. Further transfers or retransfers
5 of jurisdiction are also authorized in the same manner. The
6 court to which jurisdiction has been transferred shall have
7 the same powers as the sentencing court.
8 (i) The court shall impose upon an offender sentenced to
9 probation after January 1, 1989 or to conditional discharge
10 after January 1, 1992, as a condition of such probation or
11 conditional discharge, a fee of $25 for each month of
12 probation or conditional discharge supervision ordered by the
13 court, unless after determining the inability of the person
14 sentenced to probation or conditional discharge to pay the
15 fee, the court assesses a lesser fee. The court may not
16 impose the fee on a minor who is made a ward of the State
17 under the Juvenile Court Act of 1987 while the minor is in
18 placement. The fee shall be imposed only upon an offender who
19 is actively supervised by the probation and court services
20 department. The fee shall be collected by the clerk of the
21 circuit court. The clerk of the circuit court shall pay all
22 monies collected from this fee to the county treasurer for
23 deposit in the probation and court services fund under
24 Section 15.1 of the Probation and Probation Officers Act.
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 (Source: P.A. 89-198, eff. 7-21-95; 89-587, eff. 7-31-96;
33 89-688, eff. 6-1-97; 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
34 90-504, eff. 1-1-98; 90-655, eff. 7-30-98.)
-12- LRB9104026REpk
1 Section 99. Effective date. This Act takes effect upon
2 becoming law.