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91_HB2096eng HB2096 Engrossed 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 HB2096 Engrossed -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 HB2096 Engrossed -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 HB2096 Engrossed -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 HB2096 Engrossed -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 HB2096 Engrossed -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 HB2096 Engrossed -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 HB2096 Engrossed -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 HB2096 Engrossed -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 HB2096 Engrossed -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 HB2096 Engrossed -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.) HB2096 Engrossed -12- LRB9104026REpk 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.