[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
92_SB1058eng SB1058 Engrossed LRB9203273RCdv 1 AN ACT in relation to probation and pretrial services 2 fees. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Juvenile Court Act of 1987 is amended by 6 changing Sections 3-21, 3-24, 4-18, 4-21, and 5-305 as 7 follows: 8 (705 ILCS 405/3-21) (from Ch. 37, par. 803-21) 9 Sec. 3-21. Continuance under supervision. (1) The court 10 may enter an order of continuance under supervision (a) upon 11 an admission or stipulation by the appropriate respondent or 12 minor respondent of the facts supporting the petition and 13 before proceeding to findings and adjudication, or after 14 hearing the evidence at the adjudicatory hearing but before 15 noting in the minutes of proceedings a finding of whether or 16 not the minor is a person requiring authoritative 17 intervention; and (b) in the absence of objection made in 18 open court by the minor, his parent, guardian, custodian, 19 responsible relative, defense attorney or the State's 20 Attorney. 21 (2) If the minor, his parent, guardian, custodian, 22 responsible relative, defense attorney or State's Attorney, 23 objects in open court to any such continuance and insists 24 upon proceeding to findings and adjudication, the court shall 25 so proceed. 26 (3) Nothing in this Section limits the power of the 27 court to order a continuance of the hearing for the 28 production of additional evidence or for any other proper 29 reason. 30 (4) When a hearing where a minor is alleged to be a 31 minor requiring authoritative intervention is continued SB1058 Engrossed -2- LRB9203273RCdv 1 pursuant to this Section, the court may permit the minor to 2 remain in his home subject to such conditions concerning his 3 conduct and supervision as the court may require by order. 4 (5) If a petition is filed charging a violation of a 5 condition of the continuance under supervision, the court 6 shall conduct a hearing. If the court finds that such 7 condition of supervision has not been fulfilled the court may 8 proceed to findings and adjudication and disposition. The 9 filing of a petition for violation of a condition of the 10 continuance under supervision shall toll the period of 11 continuance under supervision until the final determination 12 of the charge, and the term of the continuance under 13 supervision shall not run until the hearing and disposition 14 of the petition for violation; provided where the petition 15 alleges conduct that does not constitute a criminal offense, 16 the hearing must be held within 15 days of the filing of the 17 petition unless a delay in such hearing has been occasioned 18 by the minor, in which case the delay shall continue the 19 tolling of the period of continuance under supervision for 20 the period of such delay. 21 (6) The court must impose upon a minor under an order of 22 continuance under supervision or an order of disposition 23 under this Article III, as a condition of the order, a fee of 24 $25 for each month or partial month of supervision with a 25 probation officer. If the court determines the inability of 26 the minor, or the parent, guardian, or legal custodian of the 27 minor to pay the fee, the court may impose a lesser fee. The 28 court may not impose the fee on a minor who is made a ward of 29 the State under this Act. The fee may be imposed only upon a 30 minor who is actively supervised by the probation and court 31 services department. The fee must be collected by the clerk 32 of the circuit court. The clerk of the circuit court must 33 pay all monies collected from this fee to the county 34 treasurer for deposit into the probation and court services SB1058 Engrossed -3- LRB9203273RCdv 1 fund under Section 15.1 of the Probation and Probation 2 Officers Act. 3 (Source: P.A. 85-601.) 4 (705 ILCS 405/3-24) (from Ch. 37, par. 803-24) 5 Sec. 3-24. Kinds of dispositional orders. 6 (1) The following kinds of orders of disposition may be 7 made in respect to wards of the court: A minor found to be 8 requiring authoritative intervention under Section 3-3 may be 9 (a) committed to the Department of Children and Family 10 Services, subject to Section 5 of the Children and Family 11 Services Act; (b) placed under supervision and released to 12 his or her parents, guardian or legal custodian; (c) placed 13 in accordance with Section 3-28 with or without also being 14 placed under supervision. Conditions of supervision may be 15 modified or terminated by the court if it deems that the best 16 interests of the minor and the public will be served thereby; 17 (d) ordered partially or completely emancipated in accordance 18 with the provisions of the Emancipation of Mature Minors Act; 19 or (e) subject to having his or her driver's license or 20 driving privilege suspended for such time as determined by 21 the Court but only until he or she attains 18 years of age. 22 (2) Any order of disposition may provide for protective 23 supervision under Section 3-25 and may include an order of 24 protection under Section 3-26. 25 (3) Unless the order of disposition expressly so 26 provides, it does not operate to close proceedings on the 27 pending petition, but is subject to modification until final 28 closing and discharge of the proceedings under Section 3-32. 29 (4) In addition to any other order of disposition, the 30 court may order any person found to be a minor requiring 31 authoritative intervention under Section 3-3 to make 32 restitution, in monetary or non-monetary form, under the 33 terms and conditions of Section 5-5-6 of the Unified Code of SB1058 Engrossed -4- LRB9203273RCdv 1 Corrections, except that the "presentence hearing" referred 2 to therein shall be the dispositional hearing for purposes of 3 this Section. The parent, guardian or legal custodian of 4 the minor may pay some or all of such restitution on the 5 minor's behalf. 6 (5) Any order for disposition where the minor is 7 committed or placed in accordance with Section 3-28 shall 8 provide for the parents or guardian of the estate of such 9 minor to pay to the legal custodian or guardian of the person 10 of the minor such sums as are determined by the custodian or 11 guardian of the person of the minor as necessary for the 12 minor's needs. Such payments may not exceed the maximum 13 amounts provided for by Section 9.1 of the Children and 14 Family Services Act. 15 (6) Whenever the order of disposition requires the minor 16 to attend school or participate in a program of training, the 17 truant officer or designated school official shall regularly 18 report to the court if the minor is a chronic or habitual 19 truant under Section 26-2a of the School Code. 20 (7) The court must impose upon a minor under an order of 21 continuance under supervision or an order of disposition 22 under this Article III, as a condition of the order, a fee of 23 $25 for each month or partial month of supervision with a 24 probation officer. If the court determines the inability of 25 the minor, or the parent, guardian, or legal custodian of the 26 minor to pay the fee, the court may impose a lesser fee. The 27 court may not impose the fee on a minor who is made a ward of 28 the State under this Act. The fee may be imposed only upon a 29 minor who is actively supervised by the probation and court 30 services department. The fee must be collected by the clerk 31 of the circuit court. The clerk of the circuit court must 32 pay all monies collected from this fee to the county 33 treasurer for deposit into the probation and court services 34 fund under Section 15.1 of the Probation and Probation SB1058 Engrossed -5- LRB9203273RCdv 1 Officers Act. 2 (Source: P.A. 89-235, eff. 8-4-95; 90-590, eff. 1-1-99.) 3 (705 ILCS 405/4-18) (from Ch. 37, par. 804-18) 4 Sec. 4-18. Continuance under supervision. (1) The court 5 may enter an order of continuance under supervision (a) upon 6 an admission or stipulation by the appropriate respondent or 7 minor respondent of the facts supporting the petition and 8 before proceeding to findings and adjudication, or after 9 hearing the evidence at the adjudicatory hearing but before 10 noting in the minutes of the proceeding a finding of whether 11 or not the minor is an addict, and (b) in the absence of 12 objection made in open court by the minor, his parent, 13 guardian, custodian, responsible relative, defense attorney 14 or the State's Attorney. 15 (2) If the minor, his parent, guardian, custodian, 16 responsible relative, defense attorney or State's Attorney, 17 objects in open court to any such continuance and insists 18 upon proceeding to findings and adjudication, the court shall 19 so proceed. 20 (3) Nothing in this Section limits the power of the 21 court to order a continuance of the hearing for the 22 production of additional evidence or for any other proper 23 reason. 24 (4) When a hearing is continued pursuant to this 25 Section, the court may permit the minor to remain in his home 26 subject to such conditions concerning his conduct and 27 supervision as the court may require by order. 28 (5) If a petition is filed charging a violation of a 29 condition of the continuance under supervision, the court 30 shall conduct a hearing. If the court finds that such 31 condition of supervision has not been fulfilled the court may 32 proceed to findings and adjudication and disposition. The 33 filing of a petition for violation of a condition of the SB1058 Engrossed -6- LRB9203273RCdv 1 continuance under supervision shall toll the period of 2 continuance under supervision until the final determination 3 of the charge, and the term of the continuance under 4 supervision shall not run until the hearing and disposition 5 of the petition for violation; provided where the petition 6 alleges conduct that does not constitute a criminal offense, 7 the hearing must be held within 15 days of the filing of the 8 petition unless a delay in such hearing has been occasioned 9 by the minor, in which case the delay shall continue the 10 tolling of the period of continuance under supervision for 11 the period of such delay. 12 (6) The court must impose upon a minor under an order of 13 continuance under supervision or an order of disposition 14 under this Article IV, as a condition of the order, a fee of 15 $25 for each month or partial month of supervision with a 16 probation officer. If the court determines the inability of 17 the minor, or the parent, guardian, or legal custodian of the 18 minor to pay the fee, the court may impose a lesser fee. The 19 court may not impose the fee on a minor who is made a ward of 20 the State under this Act. The fee may be imposed only upon a 21 minor who is actively supervised by the probation and court 22 services department. The fee must be collected by the clerk 23 of the circuit court. The clerk of the circuit court must 24 pay all monies collected from this fee to the county 25 treasurer for deposit into the probation and court services 26 fund under Section 15.1 of the Probation and Probation 27 Officers Act. 28 (Source: P.A. 85-601.) 29 (705 ILCS 405/4-21) (from Ch. 37, par. 804-21) 30 Sec. 4-21. Kinds of dispositional orders. 31 (1) A minor found to be addicted under Section 4-3 may 32 be (a) committed to the Department of Children and Family 33 Services, subject to Section 5 of the Children and Family SB1058 Engrossed -7- LRB9203273RCdv 1 Services Act; (b) placed under supervision and released to 2 his or her parents, guardian or legal custodian; (c) placed 3 in accordance with Section 4-25 with or without also being 4 placed under supervision. Conditions of supervision may be 5 modified or terminated by the court if it deems that the best 6 interests of the minor and the public will be served thereby; 7 (d) required to attend an approved alcohol or drug abuse 8 treatment or counseling program on an inpatient or outpatient 9 basis instead of or in addition to the disposition otherwise 10 provided for in this paragraph; (e) ordered partially or 11 completely emancipated in accordance with the provisions of 12 the Emancipation of Mature Minors Act; or (f) subject to 13 having his or her driver's license or driving privilege 14 suspended for such time as determined by the Court but only 15 until he or she attains 18 years of age. No disposition 16 under this subsection shall provide for the minor's placement 17 in a secure facility. 18 (2) Any order of disposition may provide for protective 19 supervision under Section 4-22 and may include an order of 20 protection under Section 4-23. 21 (3) Unless the order of disposition expressly so 22 provides, it does not operate to close proceedings on the 23 pending petition, but is subject to modification until final 24 closing and discharge of the proceedings under Section 4-29. 25 (4) In addition to any other order of disposition, the 26 court may order any minor found to be addicted under this 27 Article as neglected with respect to his or her own injurious 28 behavior, to make restitution, in monetary or non-monetary 29 form, under the terms and conditions of Section 5-5-6 of the 30 Unified Code of Corrections, except that the "presentence 31 hearing" referred to therein shall be the dispositional 32 hearing for purposes of this Section. The parent, guardian 33 or legal custodian of the minor may pay some or all of such 34 restitution on the minor's behalf. SB1058 Engrossed -8- LRB9203273RCdv 1 (5) Any order for disposition where the minor is placed 2 in accordance with Section 4-25 shall provide for the parents 3 or guardian of the estate of such minor to pay to the legal 4 custodian or guardian of the person of the minor such sums as 5 are determined by the custodian or guardian of the person of 6 the minor as necessary for the minor's needs. Such payments 7 may not exceed the maximum amounts provided for by Section 8 9.1 of the Children and Family Services Act. 9 (6) Whenever the order of disposition requires the minor 10 to attend school or participate in a program of training, the 11 truant officer or designated school official shall regularly 12 report to the court if the minor is a chronic or habitual 13 truant under Section 26-2a of the School Code. 14 (7) The court must impose upon a minor under an order of 15 continuance under supervision or an order of disposition 16 under this Article IV, as a condition of the order, a fee of 17 $25 for each month or partial month of supervision with a 18 probation officer. If the court determines the inability of 19 the minor, or the parent, guardian, or legal custodian of the 20 minor to pay the fee, the court may impose a lesser fee. The 21 court may not impose the fee on a minor who is made a ward of 22 the State under this Act. The fee may be imposed only upon a 23 minor who is actively supervised by the probation and court 24 services department. The fee must be collected by the clerk 25 of the circuit court. The clerk of the circuit court must 26 pay all monies collected from this fee to the county 27 treasurer for deposit into the probation and court services 28 fund under Section 15.1 of the Probation and Probation 29 Officers Act. 30 (Source: P.A. 89-202, eff. 7-21-95; 89-235, eff. 8-4-95; 31 89-626, eff. 8-9-96; 90-590, eff. 1-1-99.) 32 (705 ILCS 405/5-305) 33 Sec. 5-305. Probation adjustment. SB1058 Engrossed -9- LRB9203273RCdv 1 (1) The court may authorize the probation officer to 2 confer in a preliminary conference with a minor who is 3 alleged to have committed an offense, his or her parent, 4 guardian or legal custodian, the victim, the juvenile police 5 officer, the State's Attorney, and other interested persons 6 concerning the advisability of filing a petition under 7 Section 5-520, with a view to adjusting suitable cases 8 without the filing of a petition as provided for in this 9 Article, the probation officer should schedule a conference 10 promptly except when the State's Attorney insists on court 11 action or when the minor has indicated that he or she will 12 demand a judicial hearing and will not comply with a 13 probation adjustment. 14 (1-b) In any case of a minor who is in custody, the 15 holding of a probation adjustment conference does not operate 16 to prolong temporary custody beyond the period permitted by 17 Section 5-415. 18 (2) This Section does not authorize any probation 19 officer to compel any person to appear at any conference, 20 produce any papers, or visit any place. 21 (3) No statement made during a preliminary conference in 22 regard to the offense that is the subject of the conference 23 may be admitted into evidence at an adjudicatory hearing or 24 at any proceeding against the minor under the criminal laws 25 of this State prior to his or her conviction under those 26 laws. 27 (4) When a probation adjustment is appropriate, the 28 probation officer shall promptly formulate a written, 29 non-judicial adjustment plan following the initial 30 conference. 31 (5) Non-judicial probation adjustment plans include but 32 are not limited to the following: 33 (a) up to 6 months informal supervision within the 34 family; SB1058 Engrossed -10- LRB9203273RCdv 1 (b) up to 12 months informal supervision with a 2 probation officer involved which may include any 3 conditions of probation provided in Section 5-715; 4 (c) up to 6 months informal supervision with 5 release to a person other than a parent; 6 (d) referral to special educational, counseling, or 7 other rehabilitative social or educational programs; 8 (e) referral to residential treatment programs; 9 (f) participation in a public or community service 10 program or activity; and 11 (g) any other appropriate action with the consent 12 of the minor and a parent. 13 (6) The factors to be considered by the probation 14 officer in formulating a non-judicial probation adjustment 15 plan shall be the same as those limited in subsection (4) of 16 Section 5-405. 17 (7) Beginning January 1, 2000, the probation officer 18 who imposes a probation adjustment plan shall assure that 19 information about an offense which would constitute a felony 20 if committed by an adult, and may assure that information 21 about a misdemeanor offense, is transmitted to the Department 22 of State Police. 23 (Source: P.A. 90-590, eff. 1-1-99.) 24 Section 10. The Code of Criminal Procedure of 1963 is 25 amended by changing Section 110-10 as follows: 26 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10) 27 Sec. 110-10. Conditions of bail bond. 28 (a) If a person is released prior to conviction, either 29 upon payment of bail security or on his or her own 30 recognizance, the conditions of the bail bond shall be that 31 he or she will: 32 (1) Appear to answer the charge in the court having SB1058 Engrossed -11- LRB9203273RCdv 1 jurisdiction on a day certain and thereafter as ordered 2 by the court until discharged or final order of the 3 court; 4 (2) Submit himself or herself to the orders and 5 process of the court; 6 (3) Not depart this State without leave of the 7 court; 8 (4) Not violate any criminal statute of any 9 jurisdiction; 10 (5) At a time and place designated by the court, 11 surrender all firearms in his or her possession to a law 12 enforcement officer designated by the court to take 13 custody of and impound the firearms when the offense the 14 person has been charged with is a forcible felony, 15 stalking, aggravated stalking, domestic battery, any 16 violation of either the Illinois Controlled Substances 17 Act or the Cannabis Control Act that is classified as a 18 Class 2 or greater felony, or any felony violation of 19 Article 24 of the Criminal Code of 1961; the court may, 20 however, forgo the imposition of this condition when the 21 circumstances of the case clearly do not warrant it or 22 when its imposition would be impractical; all legally 23 possessed firearms shall be returned to the person upon 24 that person completing a sentence for a conviction on a 25 misdemeanor domestic battery, upon the charges being 26 dismissed, or if the person is found not guilty, unless 27 the finding of not guilty is by reason of insanity; and 28 (6) At a time and place designated by the court, 29 submit to a psychological evaluation when the person has 30 been charged with a violation of item (4) of subsection 31 (a) of Section 24-1 of the Criminal Code of 1961 and that 32 violation occurred in a school or in any conveyance 33 owned, leased, or contracted by a school to transport 34 students to or from school or a school-related activity, SB1058 Engrossed -12- LRB9203273RCdv 1 or on any public way within 1,000 feet of real property 2 comprising any school. 3 Psychological evaluations ordered pursuant to this 4 Section shall be completed promptly and made available to the 5 State, the defendant, and the court. As a further condition 6 of bail under these circumstances, the court shall order the 7 defendant to refrain from entering upon the property of the 8 school, including any conveyance owned, leased, or contracted 9 by a school to transport students to or from school or a 10 school-related activity, or on any public way within 1,000 11 feet of real property comprising any school. Upon receipt of 12 the psychological evaluation, either the State or the 13 defendant may request a change in the conditions of bail, 14 pursuant to Section 110-6 of this Code. The court may change 15 the conditions of bail to include a requirement that the 16 defendant follow the recommendations of the psychological 17 evaluation, including undergoing psychiatric treatment. The 18 conclusions of the psychological evaluation and any 19 statements elicited from the defendant during its 20 administration are not admissible as evidence of guilt during 21 the course of any trial on the charged offense, unless the 22 defendant places his or her mental competency in issue. 23 (b) The court may impose other conditions, such as the 24 following, if the court finds that such conditions are 25 reasonably necessary to assure the defendant's appearance in 26 court, protect the public from the defendant, or prevent the 27 defendant's unlawful interference with the orderly 28 administration of justice: 29 (1) Report to or appear in person before such 30 person or agency as the court may direct; 31 (2) Refrain from possessing a firearm or other 32 dangerous weapon; 33 (3) Refrain from approaching or communicating with 34 particular persons or classes of persons; SB1058 Engrossed -13- LRB9203273RCdv 1 (4) Refrain from going to certain described 2 geographical areas or premises; 3 (5) Refrain from engaging in certain activities or 4 indulging in intoxicating liquors or in certain drugs; 5 (6) Undergo treatment for drug addiction or 6 alcoholism; 7 (7) Undergo medical or psychiatric treatment; 8 (8) Work or pursue a course of study or vocational 9 training; 10 (9) Attend or reside in a facility designated by 11 the court; 12 (10) Support his or her dependents; 13 (11) If a minor resides with his or her parents or 14 in a foster home, attend school, attend a non-residential 15 program for youths, and contribute to his or her own 16 support at home or in a foster home; 17 (12) Observe any curfew ordered by the court; 18 (13) Remain in the custody of such designated 19 person or organization agreeing to supervise his release. 20 Such third party custodian shall be responsible for 21 notifying the court if the defendant fails to observe the 22 conditions of release which the custodian has agreed to 23 monitor, and shall be subject to contempt of court for 24 failure so to notify the court; 25 (14) Be placed under direct supervision of the 26 Pretrial Services Agency, Probation Department or Court 27 Services Department in a pretrial bond home supervision 28 capacity with or without the use of an approved 29 electronic monitoring device subject to Article 8A of 30 Chapter V of the Unified Code of Corrections; 31 (14.1) The court shall impose upon a defendant who 32 is charged with any alcohol, cannabis or controlled 33 substance violation and is placed under direct 34 supervision of the Pretrial Services Agency, Probation SB1058 Engrossed -14- LRB9203273RCdv 1 Department or Court Services Department in a pretrial 2 bond home supervision capacity with the use of an 3 approved monitoring device, as a condition of such bail 4 bond, a fee that represents costs incidental to the 5 electronic monitoring for each day of such bail 6 supervision ordered by the court, unless after 7 determining the inability of the defendant to pay the 8 fee, the court assesses a lesser fee or no fee as the 9 case may be. The fee shall be collected by the clerk of 10 the circuit court. The clerk of the circuit court shall 11 pay all monies collected from this fee to the county 12 treasurer for deposit in the substance abuse services 13 fund under Section 5-1086.1 of the Counties Code; 14 (14.2) The court shall impose upon all defendants, 15 including those defendants subject to paragraph (14.1) 16 above, placed under direct supervision of the Pretrial 17 Services Agency, Probation Department or Court Services 18 Department in a pretrial bond home supervision capacity 19 with the use of an approved monitoring device, as a 20 condition of such bail bond, a fee which shall represent 21 costs incidental to such electronic monitoring for each 22 day of such bail supervision ordered by the court, unless 23 after determining the inability of the defendant to pay 24 the fee, the court assesses a lesser fee or no fee as the 25 case may be. The fee shall be collected by the clerk of 26 the circuit court. The clerk of the circuit court shall 27 pay all monies collected from this fee to the county 28 treasurer who shall use the monies collected to defray 29 the costs of corrections. The county treasurer shall 30 deposit the fee collected in the county working cash fund 31 under Section 6-27001 or Section 6-29002 of the Counties 32 Code, as the case may be; 33 (14.3) The Chief Judge of the Judicial Circuit may 34 establish reasonable fees to be paid by a person SB1058 Engrossed -15- LRB9203273RCdv 1 receiving pretrial services while under supervision of a 2 pretrial services agency, probation department, or court 3 services department. Reasonable fees may be charged for 4 pretrial services including, but not limited to, pretrial 5 supervision, diversion programs, electronic monitoring, 6 victim impact services, drug and alcohol testing, and 7 victim mediation services. The person receiving pretrial 8 services may be ordered to pay all costs incidental to 9 pretrial services in accordance with his or her ability 10 to pay those costs; 11 (15) Comply with the terms and conditions of an 12 order of protection issued by the court under the 13 Illinois Domestic Violence Act of 1986 or an order of 14 protection issued by the court of another state, tribe, 15 or United States territory; 16 (16) Under Section 110-6.5 comply with the 17 conditions of the drug testing program; and 18 (17) Such other reasonable conditions as the court 19 may impose. 20 (c) When a person is charged with an offense under 21 Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the 22 "Criminal Code of 1961", involving a victim who is a minor 23 under 18 years of age living in the same household with the 24 defendant at the time of the offense, in granting bail or 25 releasing the defendant on his own recognizance, the judge 26 shall impose conditions to restrict the defendant's access to 27 the victim which may include, but are not limited to 28 conditions that he will: 29 1. Vacate the Household. 30 2. Make payment of temporary support to his 31 dependents. 32 3. Refrain from contact or communication with the 33 child victim, except as ordered by the court. 34 (d) When a person is charged with a criminal offense and SB1058 Engrossed -16- LRB9203273RCdv 1 the victim is a family or household member as defined in 2 Article 112A, conditions shall be imposed at the time of the 3 defendant's release on bond that restrict the defendant's 4 access to the victim. Unless provided otherwise by the court, 5 the restrictions shall include requirements that the 6 defendant do the following: 7 (1) refrain from contact or communication with the 8 victim for a minimum period of 72 hours following the 9 defendant's release; and 10 (2) refrain from entering or remaining at the 11 victim's residence for a minimum period of 72 hours 12 following the defendant's release. 13 (e) Local law enforcement agencies shall develop 14 standardized bond forms for use in cases involving family or 15 household members as defined in Article 112A, including 16 specific conditions of bond as provided in subsection (d). 17 Failure of any law enforcement department to develop or use 18 those forms shall in no way limit the applicability and 19 enforcement of subsections (d) and (f). 20 (f) If the defendant is admitted to bail after 21 conviction the conditions of the bail bond shall be that he 22 will, in addition to the conditions set forth in subsections 23 (a) and (b) hereof: 24 (1) Duly prosecute his appeal; 25 (2) Appear at such time and place as the court may 26 direct; 27 (3) Not depart this State without leave of the 28 court; 29 (4) Comply with such other reasonable conditions as 30 the court may impose; and, 31 (5) If the judgment is affirmed or the cause 32 reversed and remanded for a new trial, forthwith 33 surrender to the officer from whose custody he was 34 bailed. SB1058 Engrossed -17- LRB9203273RCdv 1 (Source: P.A. 90-399, eff. 1-1-98; 91-11, eff. 6-4-99; 2 91-312, eff. 1-1-00; 91-696, eff. 4-13-00; 91-903, eff. 3 1-1-01.) 4 Section 15. The Probation and Probation Officers Act is 5 amended by changing Section 15.1 as follows: 6 (730 ILCS 110/15.1) (from Ch. 38, par. 204-7.1) 7 Sec. 15.1. Probation and Court Services Fund. 8 (a) The county treasurer in each county shall establish 9 a probation and court services fund consisting of fees 10 collected pursuant to subsection (i) of Section 5-6-3 and 11 subsection (i) of Section 5-6-3.1 of the Unified Code of 12 Corrections,andsubsection (10) of Section 5-615 and 13 subsection (5) of Section 5-715 of the Juvenile Court Act of 14 1987, and paragraph 14.3 of subsection (b) of Section 110-10 15 of the Code of Criminal Procedure of 1963. The county 16 treasurer shall disburse monies from the fund only at the 17 direction of the chief judge of the circuit court in such 18 circuit where the county is located. The county treasurer of 19 each county shall, on or before January 10 of each year, 20 submit an annual report to the Supreme Court. 21 (b) Monies in the probation and court services fund 22 shall be appropriated by the county board to be used within 23 the county or jurisdiction where collected in accordance with 24 policies and guidelines approved by the Supreme Court for the 25 costs of operating the probation and court services 26 department or departments; however, monies in the probation 27 and court services fund shall not be used for the payment of 28 salaries of probation and court services personnel. 29 (c) Monies expended from the probation and court 30 services fund shall be used to supplement, not supplant, 31 county appropriations for probation and court services. 32 (d) Interest earned on monies deposited in a probation SB1058 Engrossed -18- LRB9203273RCdv 1 and court services fund may be used by the county for its 2 ordinary and contingent expenditures. 3 (e) The county board may appropriate moneys from the 4 probation and court services fund, upon the direction of the 5 chief judge, to support programs that are part of the 6 continuum of juvenile delinquency intervention programs which 7 are or may be developed within the county. The grants from 8 the probation and court services fund shall be for no more 9 than one year and may be used for any expenses attributable 10 to the program including administration and oversight of the 11 program by the probation department. 12 (Source: P.A. 89-198, eff. 7-21-95; 90-590, eff. 1-1-99.) 13 Section 99. Effective date. This Act takes effect upon 14 becoming law.