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91_HB3168
LRB9110285DHks
1 AN ACT to amend the Unified Code of Corrections by
2 changing Section 5-6-3.1.
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 Section 5-6-3.1 as follows:
7 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
8 Sec. 5-6-3.1. Incidents and Conditions of Supervision.
9 (a) When a defendant is placed on supervision, the court
10 shall enter an order for supervision specifying the period of
11 such supervision, and shall defer further proceedings in the
12 case until the conclusion of the period.
13 (b) The period of supervision shall be reasonable under
14 all of the circumstances of the case, but may not be longer
15 than 2 years, unless the defendant has failed to pay the
16 assessment required by Section 10.3 of the Cannabis Control
17 Act or Section 411.2 of the Illinois Controlled Substances
18 Act, in which case the court may extend supervision beyond 2
19 years. Additionally, the court shall order the defendant to
20 perform no less than 30 hours of community service and not
21 more than 120 hours of community service, if community
22 service is available in the jurisdiction and is funded and
23 approved by the county board where the offense was committed,
24 when the offense (1) was related to or in furtherance of the
25 criminal activities of an organized gang or was motivated by
26 the defendant's membership in or allegiance to an organized
27 gang; or (2) is a violation of any Section of Article 24 of
28 the Criminal Code of 1961 where a disposition of supervision
29 is not prohibited by Section 5-6-1 of this Code. The
30 community service shall include, but not be limited to, the
31 cleanup and repair of any damage caused by violation of
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1 Section 21-1.3 of the Criminal Code of 1961 and similar
2 damages to property located within the municipality or county
3 in which the violation occurred. Where possible and
4 reasonable, the community service should be performed in the
5 offender's neighborhood.
6 For the purposes of this Section, "organized gang" has
7 the meaning ascribed to it in Section 10 of the Illinois
8 Streetgang Terrorism Omnibus Prevention Act.
9 (c) The court may in addition to other reasonable
10 conditions relating to the nature of the offense or the
11 rehabilitation of the defendant as determined for each
12 defendant in the proper discretion of the court require that
13 the person:
14 (1) make a report to and appear in person before or
15 participate with the court or such courts, person, or
16 social service agency as directed by the court in the
17 order of supervision;
18 (2) pay a fine and costs;
19 (3) work or pursue a course of study or vocational
20 training;
21 (4) undergo medical, psychological or psychiatric
22 treatment; or treatment for drug addiction or alcoholism;
23 (5) attend or reside in a facility established for
24 the instruction or residence of defendants on probation;
25 (6) support his dependents;
26 (7) refrain from possessing a firearm or other
27 dangerous weapon;
28 (8) and in addition, if a minor:
29 (i) reside with his parents or in a foster
30 home;
31 (ii) attend school;
32 (iii) attend a non-residential program for
33 youth;
34 (iv) contribute to his own support at home or
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1 in a foster home; and
2 (9) make restitution or reparation in an amount not
3 to exceed actual loss or damage to property and pecuniary
4 loss or make restitution under Section 5-5-6 to a
5 domestic violence shelter. The court shall determine the
6 amount and conditions of payment;
7 (10) perform some reasonable public or community
8 service;
9 (11) comply with the terms and conditions of an
10 order of protection issued by the court pursuant to the
11 Illinois Domestic Violence Act of 1986. If the court has
12 ordered the defendant to make a report and appear in
13 person under paragraph (1) of this subsection, a copy of
14 the order of protection shall be transmitted to the
15 person or agency so designated by the court;
16 (12) reimburse any "local anti-crime program" as
17 defined in Section 7 of the Anti-Crime Advisory Council
18 Act for any reasonable expenses incurred by the program
19 on the offender's case, not to exceed the maximum amount
20 of the fine authorized for the offense for which the
21 defendant was sentenced;
22 (13) contribute a reasonable sum of money, not to
23 exceed the maximum amount of the fine authorized for the
24 offense for which the defendant was sentenced, to a
25 "local anti-crime program", as defined in Section 7 of
26 the Anti-Crime Advisory Council Act;
27 (14) refrain from entering into a designated
28 geographic area except upon such terms as the court finds
29 appropriate. Such terms may include consideration of the
30 purpose of the entry, the time of day, other persons
31 accompanying the defendant, and advance approval by a
32 probation officer;
33 (15) refrain from having any contact, directly or
34 indirectly, with certain specified persons or particular
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1 types of person, including but not limited to members of
2 street gangs and drug users or dealers;
3 (16) refrain from having in his or her body the
4 presence of any illicit drug prohibited by the Cannabis
5 Control Act or the Illinois Controlled Substances Act,
6 unless prescribed by a physician, and submit samples of
7 his or her blood or urine or both for tests to determine
8 the presence of any illicit drug;
9 (17) refrain from operating any motor vehicle not
10 equipped with an ignition interlock device as defined in
11 Section 1-129.1 of the Illinois Vehicle Code. Under this
12 condition the court may allow a defendant who is not
13 self-employed to operate a vehicle owned by the
14 defendant's employer that is not equipped with an
15 ignition interlock device in the course and scope of the
16 defendant's employment.
17 (d) The court shall defer entering any judgment on the
18 charges until the conclusion of the supervision.
19 (e) At the conclusion of the period of supervision, if
20 the court determines that the defendant has successfully
21 complied with all of the conditions of supervision, the court
22 shall discharge the defendant and enter a judgment dismissing
23 the charges.
24 (f) Discharge and dismissal upon a successful conclusion
25 of a disposition of supervision shall be deemed without
26 adjudication of guilt and shall not be termed a conviction
27 for purposes of disqualification or disabilities imposed by
28 law upon conviction of a crime. Two years after the
29 discharge and dismissal under this Section, unless the
30 disposition of supervision was for a violation of Sections
31 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
32 Vehicle Code or a similar provision of a local ordinance, or
33 for a violation of Sections 12-3.2 or 16A-3 of the Criminal
34 Code of 1961, in which case it shall be 5 years after
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1 discharge and dismissal, a person may have his record of
2 arrest sealed or expunged as may be provided by law.
3 However, any defendant placed on supervision before January
4 1, 1980, may move for sealing or expungement of his arrest
5 record, as provided by law, at any time after discharge and
6 dismissal under this Section. A person placed on supervision
7 for a sexual offense committed against a minor as defined in
8 subsection (g) of Section 5 of the Criminal Identification
9 Act or for a violation of Section 11-501 of the Illinois
10 Vehicle Code or a similar provision of a local ordinance
11 shall not have his or her record of arrest sealed or
12 expunged.
13 (g) A defendant placed on supervision and who during the
14 period of supervision undergoes mandatory drug or alcohol
15 testing, or both, or is assigned to be placed on an approved
16 electronic monitoring device, shall be ordered to pay the
17 costs incidental to such mandatory drug or alcohol testing,
18 or both, and costs incidental to such approved electronic
19 monitoring in accordance with the defendant's ability to pay
20 those costs. The county board with the concurrence of the
21 Chief Judge of the judicial circuit in which the county is
22 located shall establish reasonable fees for the cost of
23 maintenance, testing, and incidental expenses related to the
24 mandatory drug or alcohol testing, or both, and all costs
25 incidental to approved electronic monitoring, of all
26 defendants placed on supervision. The concurrence of the
27 Chief Judge shall be in the form of an administrative order.
28 The fees shall be collected by the clerk of the circuit
29 court. The clerk of the circuit court shall pay all moneys
30 collected from these fees to the county treasurer who shall
31 use the moneys collected to defray the costs of drug testing,
32 alcohol testing, and electronic monitoring. The county
33 treasurer shall deposit the fees collected in the county
34 working cash fund under Section 6-27001 or Section 6-29002 of
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1 the Counties Code, as the case may be.
2 (h) A disposition of supervision is a final order for
3 the purposes of appeal.
4 (i) The court shall impose upon a defendant placed on
5 supervision after January 1, 1992, as a condition of
6 supervision, a fee of $25 for each month of supervision
7 ordered by the court, unless after determining the inability
8 of the person placed on supervision to pay the fee, the court
9 assesses a lesser fee. The court may not impose the fee on a
10 minor who is made a ward of the State under the Juvenile
11 Court Act of 1987 while the minor is in placement. The fee
12 shall be imposed only upon a defendant who is actively
13 supervised by the probation and court services department.
14 The fee shall be collected by the clerk of the circuit court.
15 The clerk of the circuit court shall pay all monies collected
16 from this fee to the county treasurer for deposit in the
17 probation and court services fund pursuant to Section 15.1 of
18 the Probation and Probation Officers Act.
19 (j) All fines and costs imposed under this Section for
20 any violation of Chapters 3, 4, 6, and 11 of the Illinois
21 Vehicle Code, or a similar provision of a local ordinance,
22 and any violation of the Child Passenger Protection Act, or a
23 similar provision of a local ordinance, shall be collected
24 and disbursed by the circuit clerk as provided under Section
25 27.5 of the Clerks of Courts Act.
26 (k) A defendant at least 17 years of age who is placed
27 on supervision for a misdemeanor in a county of 3,000,000 or
28 more inhabitants and who has not been previously convicted of
29 a misdemeanor or felony may as a condition of his or her
30 supervision be required by the court to attend educational
31 courses designed to prepare the defendant for a high school
32 diploma and to work toward a high school diploma or to work
33 toward passing the high school level Test of General
34 Educational Development (GED) or to work toward completing a
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1 vocational training program approved by the court. The
2 defendant placed on supervision must attend a public
3 institution of education to obtain the educational or
4 vocational training required by this subsection (k). The
5 defendant placed on supervision shall be required to pay for
6 the cost of the educational courses or GED test, if a fee is
7 charged for those courses or test. The court shall revoke
8 the supervision of a person who wilfully fails to comply with
9 this subsection (k). The court shall resentence the
10 defendant upon revocation of supervision as provided in
11 Section 5-6-4. This subsection (k) does not apply to a
12 defendant who has a high school diploma or has successfully
13 passed the GED test. This subsection (k) does not apply to a
14 defendant who is determined by the court to be
15 developmentally disabled or otherwise mentally incapable of
16 completing the educational or vocational program.
17 (l) The court shall require a defendant placed on
18 supervision for possession of a substance prohibited by the
19 Cannabis Control Act or Illinois Controlled Substances Act
20 after a previous conviction or disposition of supervision for
21 possession of a substance prohibited by the Cannabis Control
22 Act or Illinois Controlled Substances Act or a sentence of
23 probation under Section 10 of the Cannabis Control Act or
24 Section 410 of the Illinois Controlled Substances Act and
25 after a finding by the court that the person is addicted, to
26 undergo treatment at a substance abuse program approved by
27 the court.
28 (m) The court shall require a defendant placed on
29 supervision for a violation of Section 3-707 of the Illinois
30 Vehicle Code or a similar provision of a local ordinance, as
31 a condition of supervision, to give proof of his or her
32 financial responsibility as defined in Section 7-315 of the
33 Illinois Vehicle Code. The proof shall be maintained by the
34 defendant in a manner satisfactory to the Secretary of State
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1 for a minimum period of 3 years one year after the date the
2 proof is first filed. The Secretary of State shall suspend
3 the driver's license of any person determined by the
4 Secretary to be in violation of this subsection.
5 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
6 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 90-784, eff.
7 1-1-99; 91-127, eff. 1-1-00.)