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91_SB0391
LRB9100332RCpc
1 AN ACT in relation to probation and supervision.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Juvenile Court Act of 1987 is amended by
5 changing Sections 5-615 and 5-715 as follows:
6 (705 ILCS 405/5-615)
7 Sec. 5-615. Continuance under supervision.
8 (1) The court may enter an order of continuance under
9 supervision for an offense other than first degree murder, a
10 Class X felony or a forcible felony (a) upon an admission or
11 stipulation by the appropriate respondent or minor respondent
12 of the facts supporting the petition and before proceeding to
13 adjudication, or after hearing the evidence at the trial, and
14 (b) in the absence of objection made in open court by the
15 minor, his or her parent, guardian, or legal custodian, the
16 minor's attorney or the State's Attorney.
17 (2) If the minor, his or her parent, guardian, or legal
18 custodian, the minor's attorney or State's Attorney objects
19 in open court to any continuance and insists upon proceeding
20 to findings and adjudication, the court shall so proceed.
21 (3) Nothing in this Section limits the power of the
22 court to order a continuance of the hearing for the
23 production of additional evidence or for any other proper
24 reason.
25 (4) When a hearing where a minor is alleged to be a
26 delinquent is continued pursuant to this Section, the period
27 of continuance under supervision may not exceed 24 months.
28 The court may terminate a continuance under supervision at
29 any time if warranted by the conduct of the minor and the
30 ends of justice.
31 (5) When a hearing where a minor is alleged to be
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1 delinquent is continued pursuant to this Section, the court
2 may, as conditions of the continuance under supervision,
3 require the minor to do any of the following:
4 (a) not violate any criminal statute of any
5 jurisdiction;
6 (b) make a report to and appear in person before
7 any person or agency as directed by the court;
8 (c) work or pursue a course of study or vocational
9 training;
10 (d) undergo medical or psychotherapeutic treatment
11 rendered by a therapist licensed under the provisions of
12 the Medical Practice Act of 1987, the Clinical
13 Psychologist Licensing Act, or the Clinical Social Work
14 and Social Work Practice Act, or an entity licensed by
15 the Department of Human Services as a successor to the
16 Department of Alcoholism and Substance Abuse, for the
17 provision of drug addiction and alcoholism treatment;
18 (e) attend or reside in a facility established for
19 the instruction or residence of persons on probation;
20 (f) support his or her dependents, if any;
21 (g) pay costs;
22 (h) refrain from possessing a firearm or other
23 dangerous weapon, or an automobile;
24 (i) permit the probation officer to visit him or
25 her at his or her home or elsewhere;
26 (j) reside with his or her parents or in a foster
27 home;
28 (k) attend school;
29 (k-5) attend an educational program at a facility
30 other than the school in which the offense was committed
31 if he or she committed a crime of violence as defined in
32 Section 2 of the Crime Victims Compensation Act in a
33 school, on the real property comprising a school, or
34 within 1,000 feet of the real property comprising a
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1 school;
2 (l) attend a non-residential program for youth;
3 (m) contribute to his or her own support at home or
4 in a foster home;
5 (n) perform some reasonable public or community
6 service;
7 (o) make restitution to the victim, in the same
8 manner and under the same conditions as provided in
9 subsection (4) of Section 5-710, except that the
10 "sentencing hearing" referred to in that Section shall be
11 the adjudicatory hearing for purposes of this Section;
12 (p) comply with curfew requirements as designated
13 by the court;
14 (q) refrain from entering into a designated
15 geographic area except upon terms as the court finds
16 appropriate. The terms may include consideration of the
17 purpose of the entry, the time of day, other persons
18 accompanying the minor, and advance approval by a
19 probation officer;
20 (r) refrain from having any contact, directly or
21 indirectly, with certain specified persons or particular
22 types of persons, including but not limited to members of
23 street gangs and drug users or dealers;
24 (s) refrain from having in his or her body the
25 presence of any illicit drug prohibited by the Cannabis
26 Control Act or the Illinois Controlled Substances Act,
27 unless prescribed by a physician, and submit samples of
28 his or her blood or urine or both for tests to determine
29 the presence of any illicit drug; or
30 (t) comply with any other conditions as may be
31 ordered by the court.
32 (6) A minor whose case is continued under supervision
33 under subsection (5) shall be given a certificate setting
34 forth the conditions imposed by the court. Those conditions
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1 may be reduced, enlarged, or modified by the court on motion
2 of the probation officer or on its own motion, or that of the
3 State's Attorney, or, at the request of the minor after
4 notice and hearing.
5 (7) If a petition is filed charging a violation of a
6 condition of the continuance under supervision, the court
7 shall conduct a hearing. If the court finds that a condition
8 of supervision has not been fulfilled, the court may proceed
9 to findings and adjudication and disposition. The filing of
10 a petition for violation of a condition of the continuance
11 under supervision shall toll the period of continuance under
12 supervision until the final determination of the charge, and
13 the term of the continuance under supervision shall not run
14 until the hearing and disposition of the petition for
15 violation; provided where the petition alleges conduct that
16 does not constitute a criminal offense, the hearing must be
17 held within 30 days of the filing of the petition unless a
18 delay shall continue the tolling of the period of continuance
19 under supervision for the period of the delay.
20 (8) When a hearing in which a minor is alleged to be a
21 delinquent for reasons that include a violation of Section
22 21-1.3 of the Criminal Code of 1961 is continued under this
23 Section, the court shall, as a condition of the continuance
24 under supervision, require the minor to perform community
25 service for not less than 30 and not more than 120 hours, if
26 community service is available in the jurisdiction. The
27 community service shall include, but need not be limited to,
28 the cleanup and repair of the damage that was caused by the
29 alleged violation or similar damage to property located in
30 the municipality or county in which the alleged violation
31 occurred. The condition may be in addition to any other
32 condition.
33 (9) When a hearing in which a minor is alleged to be a
34 delinquent is continued under this Section, the court, before
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1 continuing the case, shall make a finding whether the offense
2 alleged to have been committed either: (i) was related to or
3 in furtherance of the activities of an organized gang or was
4 motivated by the minor's membership in or allegiance to an
5 organized gang, or (ii) is a violation of paragraph (13) of
6 subsection (a) of Section 12-2 of the Criminal Code of 1961,
7 a violation of any Section of Article 24 of the Criminal Code
8 of 1961, or a violation of any statute that involved the
9 unlawful use of a firearm. If the court determines the
10 question in the affirmative the court shall, as a condition
11 of the continuance under supervision and as part of or in
12 addition to any other condition of the supervision, require
13 the minor to perform community service for not less than 30
14 hours nor more than 120 hours, provided that community
15 service is available in the jurisdiction and is funded and
16 approved by the county board of the county where the offense
17 was committed. The community service shall include, but need
18 not be limited to, the cleanup and repair of any damage
19 caused by an alleged violation of Section 21-1.3 of the
20 Criminal Code of 1961 and similar damage to property located
21 in the municipality or county in which the alleged violation
22 occurred. When possible and reasonable, the community
23 service shall be performed in the minor's neighborhood. For
24 the purposes of this Section, "organized gang" has the
25 meaning ascribed to it in Section 10 of the Illinois
26 Streetgang Terrorism Omnibus Prevention Act.
27 (10) The court shall impose upon a minor placed on
28 supervision, as a condition of the supervision, a fee of $25
29 for each month of supervision ordered by the court, unless
30 after determining the inability of the minor placed on
31 supervision to pay the fee, the court assesses a lesser
32 amount. The court may not impose the fee on a minor who is
33 made a ward of the State under this Act while the minor is in
34 placement. The fee shall be imposed only upon a minor who is
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1 actively supervised by the probation and court services
2 department. A court may order the parent, guardian, or legal
3 custodian of the minor to pay some or all of the fee on the
4 minor's behalf.
5 (Source: P.A. 90-590, eff. 1-1-99.)
6 (705 ILCS 405/5-715)
7 Sec. 5-715. Probation.
8 (1) The period of probation or conditional discharge
9 shall not exceed 5 years or until the minor has attained the
10 age of 21 years, whichever is less, except as provided in
11 this Section for a minor who is found to be guilty for an
12 offense which is first degree murder, a Class X felony or a
13 forcible felony. The juvenile court may terminate probation
14 or conditional discharge and discharge the minor at any time
15 if warranted by the conduct of the minor and the ends of
16 justice; provided, however, that the period of probation for
17 a minor who is found to be guilty for an offense which is
18 first degree murder, a Class X felony, or a forcible felony
19 shall be at least 5 years.
20 (2) The court may as a condition of probation or of
21 conditional discharge require that the minor:
22 (a) not violate any criminal statute of any
23 jurisdiction;
24 (b) make a report to and appear in person before
25 any person or agency as directed by the court;
26 (c) work or pursue a course of study or vocational
27 training;
28 (d) undergo medical or psychiatric treatment,
29 rendered by a psychiatrist or psychological treatment
30 rendered by a clinical psychologist or social work
31 services rendered by a clinical social worker, or
32 treatment for drug addiction or alcoholism;
33 (e) attend or reside in a facility established for
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1 the instruction or residence of persons on probation;
2 (f) support his or her dependents, if any;
3 (g) refrain from possessing a firearm or other
4 dangerous weapon, or an automobile;
5 (h) permit the probation officer to visit him or
6 her at his or her home or elsewhere;
7 (i) reside with his or her parents or in a foster
8 home;
9 (j) attend school;
10 (j-5) attend an educational program at a facility
11 other than the school in which the offense was committed
12 if he or she committed a crime of violence as defined in
13 Section 2 of the Crime Victims Compensation Act in a
14 school, on the real property comprising a school, or
15 within 1,000 feet of the real property comprising a
16 school;
17 (k) attend a non-residential program for youth;
18 (l) make restitution under the terms of subsection
19 (4) of Section 5-710;
20 (m) contribute to his or her own support at home or
21 in a foster home;
22 (n) perform some reasonable public or community
23 service;
24 (o) participate with community corrections programs
25 including unified delinquency intervention services
26 administered by the Department of Human Services subject
27 to Section 5 of the Children and Family Services Act;
28 (p) pay costs;
29 (q) serve a term of home confinement. In addition
30 to any other applicable condition of probation or
31 conditional discharge, the conditions of home confinement
32 shall be that the minor:
33 (i) remain within the interior premises of the
34 place designated for his or her confinement during
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1 the hours designated by the court;
2 (ii) admit any person or agent designated by
3 the court into the minor's place of confinement at
4 any time for purposes of verifying the minor's
5 compliance with the conditions of his or her
6 confinement; and
7 (iii) use an approved electronic monitoring
8 device if ordered by the court subject to Article 8A
9 of Chapter V of the Unified Code of Corrections;
10 (r) refrain from entering into a designated
11 geographic area except upon terms as the court finds
12 appropriate. The terms may include consideration of the
13 purpose of the entry, the time of day, other persons
14 accompanying the minor, and advance approval by a
15 probation officer, if the minor has been placed on
16 probation, or advance approval by the court, if the minor
17 has been placed on conditional discharge;
18 (s) refrain from having any contact, directly or
19 indirectly, with certain specified persons or particular
20 types of persons, including but not limited to members of
21 street gangs and drug users or dealers;
22 (t) refrain from having in his or her body the
23 presence of any illicit drug prohibited by the Cannabis
24 Control Act or the Illinois Controlled Substances Act,
25 unless prescribed by a physician, and shall submit
26 samples of his or her blood or urine or both for tests to
27 determine the presence of any illicit drug; or
28 (u) comply with other conditions as may be ordered
29 by the court.
30 (3) The court may as a condition of probation or of
31 conditional discharge require that a minor found guilty on
32 any alcohol, cannabis, or controlled substance violation,
33 refrain from acquiring a driver's license during the period
34 of probation or conditional discharge. If the minor is in
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1 possession of a permit or license, the court may require that
2 the minor refrain from driving or operating any motor vehicle
3 during the period of probation or conditional discharge,
4 except as may be necessary in the course of the minor's
5 lawful employment.
6 (4) A minor on probation or conditional discharge shall
7 be given a certificate setting forth the conditions upon
8 which he or she is being released.
9 (5) The court shall impose upon a minor placed on
10 probation or conditional discharge, as a condition of the
11 probation or conditional discharge, a fee of $25 for each
12 month of probation or conditional discharge supervision
13 ordered by the court, unless after determining the inability
14 of the minor placed on probation or conditional discharge to
15 pay the fee, the court assesses a lesser amount. The court
16 may not impose the fee on a minor who is made a ward of the
17 State under this Act while the minor is in placement. The
18 fee shall be imposed only upon a minor who is actively
19 supervised by the probation and court services department.
20 The court may order the parent, guardian, or legal custodian
21 of the minor to pay some or all of the fee on the minor's
22 behalf.
23 (6) The General Assembly finds that in order to protect
24 the public, the juvenile justice system must compel
25 compliance with the conditions of probation by responding to
26 violations with swift, certain, and fair punishments and
27 intermediate sanctions. The Chief Judge of each circuit
28 shall adopt a system of structured, intermediate sanctions
29 for violations of the terms and conditions of a sentence of
30 supervision, probation or conditional discharge, under this
31 Act.
32 The court shall provide as a condition of a disposition
33 of probation, conditional discharge, or supervision, that the
34 probation agency may invoke any sanction from the list of
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1 intermediate sanctions adopted by the chief judge of the
2 circuit court for violations of the terms and conditions of
3 the sentence of probation, conditional discharge, or
4 supervision, subject to the provisions of Section 5-720 of
5 this Act.
6 (Source: P.A. 90-590, eff. 1-1-99.)
7 Section 10. The Unified Code of Corrections is amended
8 by changing Sections 5-6-3 and 5-6-3.1 as follows:
9 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
10 Sec. 5-6-3. Conditions of Probation and of Conditional
11 Discharge.
12 (a) The conditions of probation and of conditional
13 discharge shall be that the person:
14 (1) not violate any criminal statute of any
15 jurisdiction;
16 (2) report to or appear in person before such
17 person or agency as directed by the court;
18 (3) refrain from possessing a firearm or other
19 dangerous weapon;
20 (4) not leave the State without the consent of the
21 court or, in circumstances in which the reason for the
22 absence is of such an emergency nature that prior consent
23 by the court is not possible, without the prior
24 notification and approval of the person's probation
25 officer;
26 (5) permit the probation officer to visit him at
27 his home or elsewhere to the extent necessary to
28 discharge his duties;
29 (6) perform no less than 30 hours of community
30 service and not more than 120 hours of community service,
31 if community service is available in the jurisdiction and
32 is funded and approved by the county board where the
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1 offense was committed, where the offense was related to
2 or in furtherance of the criminal activities of an
3 organized gang and was motivated by the offender's
4 membership in or allegiance to an organized gang. The
5 community service shall include, but not be limited to,
6 the cleanup and repair of any damage caused by a
7 violation of Section 21-1.3 of the Criminal Code of 1961
8 and similar damage to property located within the
9 municipality or county in which the violation occurred.
10 When possible and reasonable, the community service
11 should be performed in the offender's neighborhood. For
12 purposes of this Section, "organized gang" has the
13 meaning ascribed to it in Section 10 of the Illinois
14 Streetgang Terrorism Omnibus Prevention Act;
15 (7) if he or she is at least 17 years of age and
16 has been sentenced to probation or conditional discharge
17 for a misdemeanor or felony in a county of 3,000,000 or
18 more inhabitants and has not been previously convicted of
19 a misdemeanor or felony, may be required by the
20 sentencing court to attend educational courses designed
21 to prepare the defendant for a high school diploma and to
22 work toward a high school diploma or to work toward
23 passing the high school level Test of General Educational
24 Development (GED) or to work toward completing a
25 vocational training program approved by the court. The
26 person on probation or conditional discharge must attend
27 a public institution of education to obtain the
28 educational or vocational training required by this
29 clause (7). The court shall revoke the probation or
30 conditional discharge of a person who wilfully fails to
31 comply with this clause (7). The person on probation or
32 conditional discharge shall be required to pay for the
33 cost of the educational courses or GED test, if a fee is
34 charged for those courses or test. The court shall
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1 resentence the offender whose probation or conditional
2 discharge has been revoked as provided in Section 5-6-4.
3 This clause (7) does not apply to a person who has a high
4 school diploma or has successfully passed the GED test.
5 This clause (7) does not apply to a person who is
6 determined by the court to be developmentally disabled or
7 otherwise mentally incapable of completing the
8 educational or vocational program; and
9 (8) if convicted of possession of a substance
10 prohibited by the Cannabis Control Act or Illinois
11 Controlled Substances Act after a previous conviction or
12 disposition of supervision for possession of a substance
13 prohibited by the Cannabis Control Act or Illinois
14 Controlled Substances Act or after a sentence of
15 probation under Section 10 of the Cannabis Control Act or
16 Section 410 of the Illinois Controlled Substances Act and
17 upon a finding by the court that the person is addicted,
18 undergo treatment at a substance abuse program approved
19 by the court.
20 (b) The Court may in addition to other reasonable
21 conditions relating to the nature of the offense or the
22 rehabilitation of the defendant as determined for each
23 defendant in the proper discretion of the Court require that
24 the person:
25 (1) serve a term of periodic imprisonment under
26 Article 7 for a period not to exceed that specified in
27 paragraph (d) of Section 5-7-1;
28 (2) pay a fine and costs;
29 (3) work or pursue a course of study or vocational
30 training;
31 (4) undergo medical, psychological or psychiatric
32 treatment; or treatment for drug addiction or alcoholism;
33 (5) attend or reside in a facility established for
34 the instruction or residence of defendants on probation;
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1 (6) support his dependents;
2 (7) and in addition, if a minor:
3 (i) reside with his parents or in a foster
4 home;
5 (ii) attend school;
6 (iii) attend a non-residential program for
7 youth;
8 (iv) contribute to his own support at home or
9 in a foster home;
10 (v) attend an educational program at a
11 facility other than the school in which the offense
12 was committed if he or she is convicted of a crime
13 of violence as defined in Section 2 of the Crime
14 Victims Compensation Act committed in a school, on
15 the real property comprising a school, or within
16 1,000 feet of the real property comprising a school;
17
18 (8) make restitution as provided in Section 5-5-6
19 of this Code;
20 (9) perform some reasonable public or community
21 service;
22 (10) serve a term of home confinement. In addition
23 to any other applicable condition of probation or
24 conditional discharge, the conditions of home confinement
25 shall be that the offender:
26 (i) remain within the interior premises of the
27 place designated for his confinement during the
28 hours designated by the court;
29 (ii) admit any person or agent designated by
30 the court into the offender's place of confinement
31 at any time for purposes of verifying the offender's
32 compliance with the conditions of his confinement;
33 and
34 (iii) if further deemed necessary by the court
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1 or the Probation or Court Services Department, be
2 placed on an approved electronic monitoring device,
3 subject to Article 8A of Chapter V;
4 (iv) for persons convicted of any alcohol,
5 cannabis or controlled substance violation who are
6 placed on an approved monitoring device as a
7 condition of probation or conditional discharge, the
8 court shall impose a reasonable fee for each day of
9 the use of the device, as established by the county
10 board in subsection (g) of this Section, unless
11 after determining the inability of the offender to
12 pay the fee, the court assesses a lesser fee or no
13 fee as the case may be. This fee shall be imposed in
14 addition to the fees imposed under subsections (g)
15 and (i) of this Section. The fee shall be collected
16 by the clerk of the circuit court. The clerk of the
17 circuit court shall pay all monies collected from
18 this fee to the county treasurer for deposit in the
19 substance abuse services fund under Section 5-1086.1
20 of the Counties Code; and
21 (v) for persons convicted of offenses other
22 than those referenced in clause (iv) above and who
23 are placed on an approved monitoring device as a
24 condition of probation or conditional discharge, the
25 court shall impose a reasonable fee for each day of
26 the use of the device, as established by the county
27 board in subsection (g) of this Section, unless
28 after determining the inability of the defendant to
29 pay the fee, the court assesses a lesser fee or no
30 fee as the case may be. This fee shall be imposed
31 in addition to the fees imposed under subsections
32 (g) and (i) of this Section. The fee shall be
33 collected by the clerk of the circuit court. The
34 clerk of the circuit court shall pay all monies
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1 collected from this fee to the county treasurer who
2 shall use the monies collected to defray the costs
3 of corrections. The county treasurer shall deposit
4 the fee collected in the county working cash fund
5 under Section 6-27001 or Section 6-29002 of the
6 Counties Code, as the case may be.
7 (11) comply with the terms and conditions of an
8 order of protection issued by the court pursuant to the
9 Illinois Domestic Violence Act of 1986, as now or
10 hereafter amended. A copy of the order of protection
11 shall be transmitted to the probation officer or agency
12 having responsibility for the case;
13 (12) reimburse any "local anti-crime program" as
14 defined in Section 7 of the Anti-Crime Advisory Council
15 Act for any reasonable expenses incurred by the program
16 on the offender's case, not to exceed the maximum amount
17 of the fine authorized for the offense for which the
18 defendant was sentenced;
19 (13) contribute a reasonable sum of money, not to
20 exceed the maximum amount of the fine authorized for the
21 offense for which the defendant was sentenced, to a
22 "local anti-crime program", as defined in Section 7 of
23 the Anti-Crime Advisory Council Act;
24 (14) refrain from entering into a designated
25 geographic area except upon such terms as the court finds
26 appropriate. Such terms may include consideration of the
27 purpose of the entry, the time of day, other persons
28 accompanying the defendant, and advance approval by a
29 probation officer, if the defendant has been placed on
30 probation or advance approval by the court, if the
31 defendant was placed on conditional discharge;
32 (15) refrain from having any contact, directly or
33 indirectly, with certain specified persons or particular
34 types of persons, including but not limited to members of
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1 street gangs and drug users or dealers;
2 (16) refrain from having in his or her body the
3 presence of any illicit drug prohibited by the Cannabis
4 Control Act or the Illinois Controlled Substances Act,
5 unless prescribed by a physician, and submit samples of
6 his or her blood or urine or both for tests to determine
7 the presence of any illicit drug.
8 (c) The court may as a condition of probation or of
9 conditional discharge require that a person under 18 years of
10 age found guilty of any alcohol, cannabis or controlled
11 substance violation, refrain from acquiring a driver's
12 license during the period of probation or conditional
13 discharge. If such person is in possession of a permit or
14 license, the court may require that the minor refrain from
15 driving or operating any motor vehicle during the period of
16 probation or conditional discharge, except as may be
17 necessary in the course of the minor's lawful employment.
18 (d) An offender sentenced to probation or to conditional
19 discharge shall be given a certificate setting forth the
20 conditions thereof.
21 (e) The court shall not require as a condition of the
22 sentence of probation or conditional discharge that the
23 offender be committed to a period of imprisonment in excess
24 of 6 months. This 6 month limit shall not include periods of
25 confinement given pursuant to a sentence of county impact
26 incarceration under Section 5-8-1.2.
27 Persons committed to imprisonment as a condition of
28 probation or conditional discharge shall not be committed to
29 the Department of Corrections.
30 (f) The court may combine a sentence of periodic
31 imprisonment under Article 7 or a sentence to a county impact
32 incarceration program under Article 8 with a sentence of
33 probation or conditional discharge.
34 (g) An offender sentenced to probation or to conditional
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1 discharge and who during the term of either undergoes
2 mandatory drug or alcohol testing, or both, or is assigned to
3 be placed on an approved electronic monitoring device, shall
4 be ordered to pay all costs incidental to such mandatory drug
5 or alcohol testing, or both, and all costs incidental to such
6 approved electronic monitoring in accordance with the
7 defendant's ability to pay those costs. The county board
8 with the concurrence of the Chief Judge of the judicial
9 circuit in which the county is located shall establish
10 reasonable fees for the cost of maintenance, testing, and
11 incidental expenses related to the mandatory drug or alcohol
12 testing, or both, and all costs incidental to approved
13 electronic monitoring, involved in a successful probation
14 program for the county. The concurrence of the Chief Judge
15 shall be in the form of an administrative order. The fees
16 shall be collected by the clerk of the circuit court. The
17 clerk of the circuit court shall pay all moneys collected
18 from these fees to the county treasurer who shall use the
19 moneys collected to defray the costs of drug testing, alcohol
20 testing, and electronic monitoring. The county treasurer
21 shall deposit the fees collected in the county working cash
22 fund under Section 6-27001 or Section 6-29002 of the Counties
23 Code, as the case may be.
24 (h) Jurisdiction over an offender may be transferred
25 from the sentencing court to the court of another circuit
26 with the concurrence of both courts. Further transfers or
27 retransfers of jurisdiction are also authorized in the same
28 manner. The court to which jurisdiction has been transferred
29 shall have the same powers as the sentencing court.
30 (i) The court shall impose upon an offender sentenced to
31 probation after January 1, 1989 or to conditional discharge
32 after January 1, 1992, as a condition of such probation or
33 conditional discharge, a fee of $25 for each month of
34 probation or conditional discharge supervision ordered by the
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1 court, unless after determining the inability of the person
2 sentenced to probation or conditional discharge to pay the
3 fee, the court assesses a lesser fee. The court may not
4 impose the fee on a minor who is made a ward of the State
5 under the Juvenile Court Act of 1987 while the minor is in
6 placement. The fee shall be imposed only upon an offender who
7 is actively supervised by the probation and court services
8 department. The fee shall be collected by the clerk of the
9 circuit court. The clerk of the circuit court shall pay all
10 monies collected from this fee to the county treasurer for
11 deposit in the probation and court services fund under
12 Section 15.1 of the Probation and Probation Officers Act.
13 (j) All fines and costs imposed under this Section for
14 any violation of Chapters 3, 4, 6, and 11 of the Illinois
15 Vehicle Code, or a similar provision of a local ordinance,
16 and any violation of the Child Passenger Protection Act, or a
17 similar provision of a local ordinance, shall be collected
18 and disbursed by the circuit clerk as provided under Section
19 27.5 of the Clerks of Courts Act.
20 (Source: P.A. 89-198, eff. 7-21-95; 89-587, eff. 7-31-96;
21 89-688, eff. 6-1-97; 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
22 90-504, eff. 1-1-98; 90-655, eff. 7-30-98.)
23 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
24 Sec. 5-6-3.1. Incidents and Conditions of Supervision.
25 (a) When a defendant is placed on supervision, the court
26 shall enter an order for supervision specifying the period of
27 such supervision, and shall defer further proceedings in the
28 case until the conclusion of the period.
29 (b) The period of supervision shall be reasonable under
30 all of the circumstances of the case, but may not be longer
31 than 2 years, unless the defendant has failed to pay the
32 assessment required by Section 10.3 of the Cannabis Control
33 Act or Section 411.2 of the Illinois Controlled Substances
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1 Act, in which case the court may extend supervision beyond 2
2 years. Additionally, the court shall order the defendant to
3 perform no less than 30 hours of community service and not
4 more than 120 hours of community service, if community
5 service is available in the jurisdiction and is funded and
6 approved by the county board where the offense was committed,
7 when the offense (1) was related to or in furtherance of the
8 criminal activities of an organized gang or was motivated by
9 the defendant's membership in or allegiance to an organized
10 gang; or (2) is a violation of any Section of Article 24 of
11 the Criminal Code of 1961 where a disposition of supervision
12 is not prohibited by Section 5-6-1 of this Code. The
13 community service shall include, but not be limited to, the
14 cleanup and repair of any damage caused by violation of
15 Section 21-1.3 of the Criminal Code of 1961 and similar
16 damages to property located within the municipality or county
17 in which the violation occurred. Where possible and
18 reasonable, the community service should be performed in the
19 offender's neighborhood.
20 For the purposes of this Section, "organized gang" has
21 the meaning ascribed to it in Section 10 of the Illinois
22 Streetgang Terrorism Omnibus Prevention Act.
23 (c) The court may in addition to other reasonable
24 conditions relating to the nature of the offense or the
25 rehabilitation of the defendant as determined for each
26 defendant in the proper discretion of the court require that
27 the person:
28 (1) make a report to and appear in person before or
29 participate with the court or such courts, person, or
30 social service agency as directed by the court in the
31 order of supervision;
32 (2) pay a fine and costs;
33 (3) work or pursue a course of study or vocational
34 training;
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1 (4) undergo medical, psychological or psychiatric
2 treatment; or treatment for drug addiction or alcoholism;
3 (5) attend or reside in a facility established for
4 the instruction or residence of defendants on probation;
5 (6) support his dependents;
6 (7) refrain from possessing a firearm or other
7 dangerous weapon;
8 (8) and in addition, if a minor:
9 (i) reside with his parents or in a foster
10 home;
11 (ii) attend school;
12 (iii) attend a non-residential program for
13 youth;
14 (iv) contribute to his own support at home or
15 in a foster home; or and
16 (v) attend an educational program at a
17 facility other than the school in which the offense
18 was committed if he or she is placed on supervision
19 for a crime of violence as defined in Section 2 of
20 the Crime Victims Compensation Act committed in a
21 school, on the real property comprising a school, or
22 within 1,000 feet of the real property comprising a
23 school;
24 (9) make restitution or reparation in an amount not
25 to exceed actual loss or damage to property and pecuniary
26 loss or make restitution under Section 5-5-6 to a
27 domestic violence shelter. The court shall determine the
28 amount and conditions of payment;
29 (10) perform some reasonable public or community
30 service;
31 (11) comply with the terms and conditions of an
32 order of protection issued by the court pursuant to the
33 Illinois Domestic Violence Act of 1986. If the court has
34 ordered the defendant to make a report and appear in
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1 person under paragraph (1) of this subsection, a copy of
2 the order of protection shall be transmitted to the
3 person or agency so designated by the court;
4 (12) reimburse any "local anti-crime program" as
5 defined in Section 7 of the Anti-Crime Advisory Council
6 Act for any reasonable expenses incurred by the program
7 on the offender's case, not to exceed the maximum amount
8 of the fine authorized for the offense for which the
9 defendant was sentenced;
10 (13) contribute a reasonable sum of money, not to
11 exceed the maximum amount of the fine authorized for the
12 offense for which the defendant was sentenced, to a
13 "local anti-crime program", as defined in Section 7 of
14 the Anti-Crime Advisory Council Act;
15 (14) refrain from entering into a designated
16 geographic area except upon such terms as the court finds
17 appropriate. Such terms may include consideration of the
18 purpose of the entry, the time of day, other persons
19 accompanying the defendant, and advance approval by a
20 probation officer;
21 (15) refrain from having any contact, directly or
22 indirectly, with certain specified persons or particular
23 types of person, including but not limited to members of
24 street gangs and drug users or dealers;
25 (16) refrain from having in his or her body the
26 presence of any illicit drug prohibited by the Cannabis
27 Control Act or the Illinois Controlled Substances Act,
28 unless prescribed by a physician, and submit samples of
29 his or her blood or urine or both for tests to determine
30 the presence of any illicit drug.
31 (d) The court shall defer entering any judgment on the
32 charges until the conclusion of the supervision.
33 (e) At the conclusion of the period of supervision, if
34 the court determines that the defendant has successfully
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1 complied with all of the conditions of supervision, the court
2 shall discharge the defendant and enter a judgment dismissing
3 the charges.
4 (f) Discharge and dismissal upon a successful conclusion
5 of a disposition of supervision shall be deemed without
6 adjudication of guilt and shall not be termed a conviction
7 for purposes of disqualification or disabilities imposed by
8 law upon conviction of a crime. Two years after the
9 discharge and dismissal under this Section, unless the
10 disposition of supervision was for a violation of Sections
11 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
12 Vehicle Code or a similar provision of a local ordinance, or
13 for a violation of Sections 12-3.2 or 16A-3 of the Criminal
14 Code of 1961, in which case it shall be 5 years after
15 discharge and dismissal, a person may have his record of
16 arrest sealed or expunged as may be provided by law.
17 However, any defendant placed on supervision before January
18 1, 1980, may move for sealing or expungement of his arrest
19 record, as provided by law, at any time after discharge and
20 dismissal under this Section. A person placed on supervision
21 for a sexual offense committed against a minor as defined in
22 subsection (g) of Section 5 of the Criminal Identification
23 Act or for a violation of Section 11-501 of the Illinois
24 Vehicle Code or a similar provision of a local ordinance
25 shall not have his or her record of arrest sealed or
26 expunged.
27 (g) A defendant placed on supervision and who during the
28 period of supervision undergoes mandatory drug or alcohol
29 testing, or both, or is assigned to be placed on an approved
30 electronic monitoring device, shall be ordered to pay the
31 costs incidental to such mandatory drug or alcohol testing,
32 or both, and costs incidental to such approved electronic
33 monitoring in accordance with the defendant's ability to pay
34 those costs. The county board with the concurrence of the
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1 Chief Judge of the judicial circuit in which the county is
2 located shall establish reasonable fees for the cost of
3 maintenance, testing, and incidental expenses related to the
4 mandatory drug or alcohol testing, or both, and all costs
5 incidental to approved electronic monitoring, of all
6 defendants placed on supervision. The concurrence of the
7 Chief Judge shall be in the form of an administrative order.
8 The fees shall be collected by the clerk of the circuit
9 court. The clerk of the circuit court shall pay all moneys
10 collected from these fees to the county treasurer who shall
11 use the moneys collected to defray the costs of drug testing,
12 alcohol testing, and electronic monitoring. The county
13 treasurer shall deposit the fees collected in the county
14 working cash fund under Section 6-27001 or Section 6-29002 of
15 the Counties Code, as the case may be.
16 (h) A disposition of supervision is a final order for
17 the purposes of appeal.
18 (i) The court shall impose upon a defendant placed on
19 supervision after January 1, 1992, as a condition of
20 supervision, a fee of $25 for each month of supervision
21 ordered by the court, unless after determining the inability
22 of the person placed on supervision to pay the fee, the court
23 assesses a lesser fee. The court may not impose the fee on a
24 minor who is made a ward of the State under the Juvenile
25 Court Act of 1987 while the minor is in placement. The fee
26 shall be imposed only upon a defendant who is actively
27 supervised by the probation and court services department.
28 The fee shall be collected by the clerk of the circuit court.
29 The clerk of the circuit court shall pay all monies collected
30 from this fee to the county treasurer for deposit in the
31 probation and court services fund pursuant to Section 15.1 of
32 the Probation and Probation Officers Act.
33 (j) All fines and costs imposed under this Section for
34 any violation of Chapters 3, 4, 6, and 11 of the Illinois
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1 Vehicle Code, or a similar provision of a local ordinance,
2 and any violation of the Child Passenger Protection Act, or a
3 similar provision of a local ordinance, shall be collected
4 and disbursed by the circuit clerk as provided under Section
5 27.5 of the Clerks of Courts Act.
6 (k) A defendant at least 17 years of age who is placed
7 on supervision for a misdemeanor in a county of 3,000,000 or
8 more inhabitants and who has not been previously convicted of
9 a misdemeanor or felony may as a condition of his or her
10 supervision be required by the court to attend educational
11 courses designed to prepare the defendant for a high school
12 diploma and to work toward a high school diploma or to work
13 toward passing the high school level Test of General
14 Educational Development (GED) or to work toward completing a
15 vocational training program approved by the court. The
16 defendant placed on supervision must attend a public
17 institution of education to obtain the educational or
18 vocational training required by this subsection (k). The
19 defendant placed on supervision shall be required to pay for
20 the cost of the educational courses or GED test, if a fee is
21 charged for those courses or test. The court shall revoke
22 the supervision of a person who wilfully fails to comply with
23 this subsection (k). The court shall resentence the
24 defendant upon revocation of supervision as provided in
25 Section 5-6-4. This subsection (k) does not apply to a
26 defendant who has a high school diploma or has successfully
27 passed the GED test. This subsection (k) does not apply to a
28 defendant who is determined by the court to be
29 developmentally disabled or otherwise mentally incapable of
30 completing the educational or vocational program.
31 (l) The court shall require a defendant placed on
32 supervision for possession of a substance prohibited by the
33 Cannabis Control Act or Illinois Controlled Substances Act
34 after a previous conviction or disposition of supervision for
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1 possession of a substance prohibited by the Cannabis Control
2 Act or Illinois Controlled Substances Act or a sentence of
3 probation under Section 10 of the Cannabis Control Act or
4 Section 410 of the Illinois Controlled Substances Act and
5 after a finding by the court that the person is addicted, to
6 undergo treatment at a substance abuse program approved by
7 the court.
8 (m) The court shall require a defendant placed on
9 supervision for a violation of Section 3-707 of the Illinois
10 Vehicle Code or a similar provision of a local ordinance, as
11 a condition of supervision, to give proof of his or her
12 financial responsibility as defined in Section 7-315 of the
13 Illinois Vehicle Code. The proof shall be maintained by the
14 defendant in a manner satisfactory to the Secretary of State
15 for a minimum period of one year after the date the proof is
16 first filed. The Secretary of State shall suspend the
17 driver's license of any person determined by the Secretary to
18 be in violation of this subsection.
19 (Source: P.A. 89-198, eff. 7-21-95; 89-203, eff. 7-21-95;
20 89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 89-688, eff.
21 6-1-97; 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 90-504, eff.
22 1-1-98; 90-655, eff. 7-30-98; 90-784, eff. 1-1-99.)