(730 ILCS 5/5‑6‑1) (from Ch. 38, par. 1005‑6‑1)
(Text of Section from P.A. 94‑169)
Sec. 5‑6‑1. Sentences of Probation and of Conditional
Discharge and Disposition of Supervision.
The General Assembly finds that in order to protect the public, the
criminal justice system must compel compliance with the conditions of probation
by responding to violations with swift, certain and fair punishments and
intermediate sanctions. The Chief Judge of each circuit shall adopt a system of
structured, intermediate sanctions for violations of the terms and conditions
of a sentence of probation, conditional discharge or disposition of
supervision.
(a) Except where specifically prohibited by other
provisions of this Code, the court shall impose a sentence
of probation or conditional discharge upon an offender
unless, having regard to the nature and circumstance of
the offense, and to the history, character and condition
of the offender, the court is of the opinion that:
(1) his imprisonment or periodic imprisonment is
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necessary for the protection of the public; or
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(2) probation or conditional discharge would
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deprecate the seriousness of the offender's conduct and would be inconsistent with the ends of justice; or
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(3) a combination of imprisonment with concurrent or
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consecutive probation when an offender has been admitted into a drug court program under Section 20 of the Drug Court Treatment Act is necessary for the protection of the public and for the rehabilitation of the offender.
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The court shall impose as a condition of a sentence of probation,
conditional discharge, or supervision, that the probation agency may invoke any
sanction from the list of intermediate sanctions adopted by the chief judge of
the circuit court for violations of the terms and conditions of the sentence of
probation, conditional discharge, or supervision, subject to the provisions of
Section 5‑6‑4 of this Act.
(b) The court may impose a sentence of conditional
discharge for an offense if the court is of the opinion
that neither a sentence of imprisonment nor of periodic
imprisonment nor of probation supervision is appropriate.
(c) The court may, upon a plea of guilty or a stipulation
by the defendant of the facts supporting the charge or a
finding of guilt, defer further proceedings and the
imposition of a sentence, and enter an order for supervision of the defendant,
if the defendant is not charged with: (i) a Class A misdemeanor, as
defined by the following provisions of the Criminal Code of 1961: Sections
11‑9.1; 12‑3.2; 12‑15; 26‑5; 31‑1; 31‑6; 31‑7; subsections (b) and (c) of Section
21‑1;
paragraph (1) through (5), (8), (10), and (11) of subsection (a) of Section
24‑1; (ii) a Class A misdemeanor violation of Section
3.01,
3.03‑1, or 4.01 of the Humane Care
for Animals Act; or (iii)
felony.
If the defendant
is not barred from receiving an order for supervision as provided in this
subsection, the court may enter an order for supervision after considering the
circumstances of the offense, and the history,
character and condition of the offender, if the court is of the opinion
that:
(1) the offender is not likely to commit further
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(2) the defendant and the public would be best
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served if the defendant were not to receive a criminal record; and
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(3) in the best interests of justice an order of
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supervision is more appropriate than a sentence otherwise permitted under this Code.
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(d) The provisions of paragraph (c) shall not apply to a defendant charged
with violating Section 11‑501 of the Illinois Vehicle Code or a similar
provision of a local
ordinance when the defendant has previously been:
(1) convicted for a violation of Section 11‑501 of
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the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state; or
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(2) assigned supervision for a violation of Section
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11‑501 of the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state; or
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(3) pleaded guilty to or stipulated to the facts
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supporting a charge or a finding of guilty to a violation of Section 11‑503 of the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state, and the plea or stipulation was the result of a plea agreement.
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The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this Section.
(e) The provisions of paragraph (c) shall not apply to a defendant
charged with violating Section 16A‑3 of the Criminal Code of 1961 if said
defendant has within the last 5 years been:
(1) convicted for a violation of Section 16A‑3 of
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the Criminal Code of 1961; or
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(2) assigned supervision for a violation of Section
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16A‑3 of the Criminal Code of 1961.
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The court shall consider the statement of the prosecuting authority with
regard to the standards set forth in this Section.
(f) The provisions of paragraph (c) shall not apply to a defendant
charged with violating Sections 15‑111, 15‑112, 15‑301, paragraph (b)
of Section 6‑104, Section 11‑605, or Section 11‑1414
of the Illinois Vehicle Code or a similar provision of a local ordinance.
(g) Except as otherwise provided in paragraph (i) of this Section, the
provisions of paragraph (c) shall not apply to a
defendant charged with violating Section
3‑707, 3‑708, 3‑710, or 5‑401.3
of the Illinois Vehicle Code or a similar provision of a local ordinance if the
defendant has within the last 5 years been:
(1) convicted for a violation of Section 3‑707,
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3‑708, 3‑710, or 5‑401.3 of the Illinois Vehicle Code or a similar provision of a local ordinance; or
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(2) assigned supervision for a violation of Section
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3‑707, 3‑708, 3‑710, or 5‑401.3 of the Illinois Vehicle Code or a similar provision of a local ordinance.
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The court shall consider the statement of the prosecuting authority with
regard to the standards set forth in this Section.
(h) The provisions of paragraph (c) shall not apply to a defendant under
the age of 21 years charged with violating a serious traffic offense as defined
in Section 1‑187.001 of the Illinois Vehicle Code:
(1) unless the defendant, upon payment of the fines,
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penalties, and costs provided by law, agrees to attend and successfully complete a traffic safety program approved by the court under standards set by the Conference of Chief Circuit Judges. The accused shall be responsible for payment of any traffic safety program fees. If the accused fails to file a certificate of successful completion on or before the termination date of the supervision order, the supervision shall be summarily revoked and conviction entered. The provisions of Supreme Court Rule 402 relating to pleas of guilty do not apply in cases when a defendant enters a guilty plea under this provision; or
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(2) if the defendant has previously been sentenced
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under the provisions of paragraph (c) on or after January 1, 1998 for any serious traffic offense as defined in Section 1‑187.001 of the Illinois Vehicle Code.
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(i) The provisions of paragraph (c) shall not apply to a defendant charged
with violating Section 3‑707 of the Illinois Vehicle Code or a similar
provision of a local ordinance if the defendant has been assigned supervision
for a violation of Section 3‑707 of the Illinois Vehicle Code or a similar
provision of a local ordinance.
(j) The provisions of paragraph (c) shall not apply to a
defendant charged with violating
Section 6‑303 of the Illinois Vehicle Code or a similar provision of
a local ordinance when the revocation or suspension was for a violation of
Section 11‑501 or a similar provision of a local ordinance, a violation of
Section 11‑501.1 or paragraph (b) of Section 11‑401 of the Illinois Vehicle
Code, or a violation of Section 9‑3 of the Criminal Code of 1961 if the
defendant has within the last 10 years been:
(1) convicted for a violation of Section 6‑303 of
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the Illinois Vehicle Code or a similar provision of a local ordinance; or
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(2) assigned supervision for a violation of Section
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6‑303 of the Illinois Vehicle Code or a similar provision of a local ordinance.
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(Source: P.A. 93‑388, eff. 7‑25‑03; 93‑1014, eff. 1‑1‑05; 94‑169, eff. 1‑1‑06.)
(Text of Section from P.A. 94‑330)
Sec. 5‑6‑1. Sentences of Probation and of Conditional
Discharge and Disposition of Supervision.
The General Assembly finds that in order to protect the public, the
criminal justice system must compel compliance with the conditions of probation
by responding to violations with swift, certain and fair punishments and
intermediate sanctions. The Chief Judge of each circuit shall adopt a system of
structured, intermediate sanctions for violations of the terms and conditions
of a sentence of probation, conditional discharge or disposition of
supervision.
(a) Except where specifically prohibited by other
provisions of this Code, the court shall impose a sentence
of probation or conditional discharge upon an offender
unless, having regard to the nature and circumstance of
the offense, and to the history, character and condition
of the offender, the court is of the opinion that:
(1) his imprisonment or periodic imprisonment is
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necessary for the protection of the public; or
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(2) probation or conditional discharge would
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deprecate the seriousness of the offender's conduct and would be inconsistent with the ends of justice; or
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(3) a combination of imprisonment with concurrent or
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consecutive probation when an offender has been admitted into a drug court program under Section 20 of the Drug Court Treatment Act is necessary for the protection of the public and for the rehabilitation of the offender.
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The court shall impose as a condition of a sentence of probation,
conditional discharge, or supervision, that the probation agency may invoke any
sanction from the list of intermediate sanctions adopted by the chief judge of
the circuit court for violations of the terms and conditions of the sentence of
probation, conditional discharge, or supervision, subject to the provisions of
Section 5‑6‑4 of this Act.
(b) The court may impose a sentence of conditional
discharge for an offense if the court is of the opinion
that neither a sentence of imprisonment nor of periodic
imprisonment nor of probation supervision is appropriate.
(c) The court may, upon a plea of guilty or a stipulation
by the defendant of the facts supporting the charge or a
finding of guilt, defer further proceedings and the
imposition of a sentence, and enter an order for supervision of the defendant,
if the defendant is not charged with: (i) a Class A misdemeanor, as
defined by the following provisions of the Criminal Code of 1961: Sections
12‑3.2; 12‑15; 26‑5; 31‑1; 31‑6; 31‑7; subsections (b) and (c) of Section
21‑1;
paragraph (1) through (5), (8), (10), and (11) of subsection (a) of Section
24‑1; (ii) a Class A misdemeanor violation of Section
3.01,
3.03‑1, or 4.01 of the Humane Care
for Animals Act; or (iii)
felony.
If the defendant
is not barred from receiving an order for supervision as provided in this
subsection, the court may enter an order for supervision after considering the
circumstances of the offense, and the history,
character and condition of the offender, if the court is of the opinion
that:
(1) the offender is not likely to commit further
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(2) the defendant and the public would be best
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served if the defendant were not to receive a criminal record; and
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(3) in the best interests of justice an order of
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supervision is more appropriate than a sentence otherwise permitted under this Code.
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(d) The provisions of paragraph (c) shall not apply to a defendant charged
with violating Section 11‑501 of the Illinois Vehicle Code or a similar
provision of a local
ordinance when the defendant has previously been:
(1) convicted for a violation of Section 11‑501 of
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the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state; or
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(2) assigned supervision for a violation of Section
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11‑501 of the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state; or
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(3) pleaded guilty to or stipulated to the facts
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supporting a charge or a finding of guilty to a violation of Section 11‑503 of the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state, and the plea or stipulation was the result of a plea agreement.
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The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this Section.
(e) The provisions of paragraph (c) shall not apply to a defendant
charged with violating Section 16A‑3 of the Criminal Code of 1961 if said
defendant has within the last 5 years been:
(1) convicted for a violation of Section 16A‑3 of
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the Criminal Code of 1961; or
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(2) assigned supervision for a violation of Section
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16A‑3 of the Criminal Code of 1961.
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The court shall consider the statement of the prosecuting authority with
regard to the standards set forth in this Section.
(f) The provisions of paragraph (c) shall not apply to a defendant
charged with violating Sections 15‑111, 15‑112, 15‑301, paragraph (b)
of Section 6‑104, Section 11‑605, or Section 11‑1414
of the Illinois Vehicle Code or a similar provision of a local ordinance.
(g) Except as otherwise provided in paragraph (i) of this Section, the
provisions of paragraph (c) shall not apply to a
defendant charged with violating Section
3‑707, 3‑708, 3‑710, or 5‑401.3
of the Illinois Vehicle Code or a similar provision of a local ordinance if the
defendant has within the last 5 years been:
(1) convicted for a violation of Section 3‑707,
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3‑708, 3‑710, or 5‑401.3 of the Illinois Vehicle Code or a similar provision of a local ordinance; or
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(2) assigned supervision for a violation of Section
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3‑707, 3‑708, 3‑710, or 5‑401.3 of the Illinois Vehicle Code or a similar provision of a local ordinance.
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The court shall consider the statement of the prosecuting authority with
regard to the standards set forth in this Section.
(h) The provisions of paragraph (c) shall not apply to a defendant under
the age of 21 years charged with violating a serious traffic offense as defined
in Section 1‑187.001 of the Illinois Vehicle Code:
(1) unless the defendant, upon payment of the fines,
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penalties, and costs provided by law, agrees to attend and successfully complete a traffic safety program approved by the court under standards set by the Conference of Chief Circuit Judges. The accused shall be responsible for payment of any traffic safety program fees. If the accused fails to file a certificate of successful completion on or before the termination date of the supervision order, the supervision shall be summarily revoked and conviction entered. The provisions of Supreme Court Rule 402 relating to pleas of guilty do not apply in cases when a defendant enters a guilty plea under this provision; or
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(2) if the defendant has previously been sentenced
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under the provisions of paragraph (c) on or after January 1, 1998 for any serious traffic offense as defined in Section 1‑187.001 of the Illinois Vehicle Code.
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(i) The provisions of paragraph (c) shall not apply to a defendant charged
with violating Section 3‑707 of the Illinois Vehicle Code or a similar
provision of a local ordinance if the defendant has been assigned supervision
for a violation of Section 3‑707 of the Illinois Vehicle Code or a similar
provision of a local ordinance.
(j) The provisions of paragraph (c) shall not apply to a
defendant charged with violating
Section 6‑303 of the Illinois Vehicle Code or a similar provision of
a local ordinance when the revocation or suspension was for a violation of
Section 11‑501 or a similar provision of a local ordinance, a violation of
Section 11‑501.1 or paragraph (b) of Section 11‑401 of the Illinois Vehicle
Code, or a violation of Section 9‑3 of the Criminal Code of 1961 if the
defendant has within the last 10 years been:
(1) convicted for a violation of Section 6‑303 of
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the Illinois Vehicle Code or a similar provision of a local ordinance; or
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(2) assigned supervision for a violation of Section
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6‑303 of the Illinois Vehicle Code or a similar provision of a local ordinance.
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(k) The provisions of paragraph (c) shall not apply to a
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defendant charged with violating any provision of the Illinois Vehicle Code or a similar provision of a local ordinance that governs the movement of vehicles if, within the 12 months preceding the date of the defendant's arrest, the defendant has been assigned court supervision on 2 occasions for a violation that governs the movement of vehicles under the Illinois Vehicle Code or a similar provision of a local ordinance.
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(Source: P.A. 93‑388, eff. 7‑25‑03; 93‑1014, eff. 1‑1‑05; 94‑330, eff. 1‑1‑06.)
(Text of Section from P.A. 94‑375)
Sec. 5‑6‑1. Sentences of Probation and of Conditional
Discharge and Disposition of Supervision.
The General Assembly finds that in order to protect the public, the
criminal justice system must compel compliance with the conditions of probation
by responding to violations with swift, certain and fair punishments and
intermediate sanctions. The Chief Judge of each circuit shall adopt a system of
structured, intermediate sanctions for violations of the terms and conditions
of a sentence of probation, conditional discharge or disposition of
supervision.
(a) Except where specifically prohibited by other
provisions of this Code, the court shall impose a sentence
of probation or conditional discharge upon an offender
unless, having regard to the nature and circumstance of
the offense, and to the history, character and condition
of the offender, the court is of the opinion that:
(1) his imprisonment or periodic imprisonment is
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necessary for the protection of the public; or
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(2) probation or conditional discharge would
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deprecate the seriousness of the offender's conduct and would be inconsistent with the ends of justice; or
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(3) a combination of imprisonment with concurrent or
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consecutive probation when an offender has been admitted into a drug court program under Section 20 of the Drug Court Treatment Act is necessary for the protection of the public and for the rehabilitation of the offender.
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The court shall impose as a condition of a sentence of probation,
conditional discharge, or supervision, that the probation agency may invoke any
sanction from the list of intermediate sanctions adopted by the chief judge of
the circuit court for violations of the terms and conditions of the sentence of
probation, conditional discharge, or supervision, subject to the provisions of
Section 5‑6‑4 of this Act.
(b) The court may impose a sentence of conditional
discharge for an offense if the court is of the opinion
that neither a sentence of imprisonment nor of periodic
imprisonment nor of probation supervision is appropriate.
(b‑1) Subsections (a) and (b) of this Section do not apply to a defendant charged with a misdemeanor or felony under the Illinois Vehicle Code or reckless homicide under Section 9‑3 of the Criminal Code of 1961 if the defendant within the past 12 months has been convicted of or pleaded guilty to a misdemeanor or felony under the Illinois Vehicle Code or reckless homicide under Section 9‑3 of the Criminal Code of 1961.
(c) The court may, upon a plea of guilty or a stipulation
by the defendant of the facts supporting the charge or a
finding of guilt, defer further proceedings and the
imposition of a sentence, and enter an order for supervision of the defendant,
if the defendant is not charged with: (i) a Class A misdemeanor, as
defined by the following provisions of the Criminal Code of 1961: Sections
12‑3.2; 12‑15; 26‑5; 31‑1; 31‑6; 31‑7; subsections (b) and (c) of Section
21‑1;
paragraph (1) through (5), (8), (10), and (11) of subsection (a) of Section
24‑1; (ii) a Class A misdemeanor violation of Section
3.01,
3.03‑1, or 4.01 of the Humane Care
for Animals Act; or (iii)
felony.
If the defendant
is not barred from receiving an order for supervision as provided in this
subsection, the court may enter an order for supervision after considering the
circumstances of the offense, and the history,
character and condition of the offender, if the court is of the opinion
that:
(1) the offender is not likely to commit further
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(2) the defendant and the public would be best
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served if the defendant were not to receive a criminal record; and
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(3) in the best interests of justice an order of
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supervision is more appropriate than a sentence otherwise permitted under this Code.
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(d) The provisions of paragraph (c) shall not apply to a defendant charged
with violating Section 11‑501 of the Illinois Vehicle Code or a similar
provision of a local
ordinance when the defendant has previously been:
(1) convicted for a violation of Section 11‑501 of
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the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state; or
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(2) assigned supervision for a violation of Section
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11‑501 of the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state; or
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(3) pleaded guilty to or stipulated to the facts
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supporting a charge or a finding of guilty to a violation of Section 11‑503 of the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state, and the plea or stipulation was the result of a plea agreement.
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The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this Section.
(e) The provisions of paragraph (c) shall not apply to a defendant
charged with violating Section 16A‑3 of the Criminal Code of 1961 if said
defendant has within the last 5 years been:
(1) convicted for a violation of Section 16A‑3 of
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the Criminal Code of 1961; or
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(2) assigned supervision for a violation of Section
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16A‑3 of the Criminal Code of 1961.
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The court shall consider the statement of the prosecuting authority with
regard to the standards set forth in this Section.
(f) The provisions of paragraph (c) shall not apply to a defendant
charged with violating Sections 15‑111, 15‑112, 15‑301, paragraph (b)
of Section 6‑104, Section 11‑605, or Section 11‑1414
of the Illinois Vehicle Code or a similar provision of a local ordinance.
(g) Except as otherwise provided in paragraph (i) of this Section, the
provisions of paragraph (c) shall not apply to a
defendant charged with violating Section
3‑707, 3‑708, 3‑710, or 5‑401.3
of the Illinois Vehicle Code or a similar provision of a local ordinance if the
defendant has within the last 5 years been:
(1) convicted for a violation of Section 3‑707,
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3‑708, 3‑710, or 5‑401.3 of the Illinois Vehicle Code or a similar provision of a local ordinance; or
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(2) assigned supervision for a violation of Section
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3‑707, 3‑708, 3‑710, or 5‑401.3 of the Illinois Vehicle Code or a similar provision of a local ordinance.
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The court shall consider the statement of the prosecuting authority with
regard to the standards set forth in this Section.
(h) The provisions of paragraph (c) shall not apply to a defendant under
the age of 21 years charged with violating a serious traffic offense as defined
in Section 1‑187.001 of the Illinois Vehicle Code:
(1) unless the defendant, upon payment of the fines,
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penalties, and costs provided by law, agrees to attend and successfully complete a traffic safety program approved by the court under standards set by the Conference of Chief Circuit Judges. The accused shall be responsible for payment of any traffic safety program fees. If the accused fails to file a certificate of successful completion on or before the termination date of the supervision order, the supervision shall be summarily revoked and conviction entered. The provisions of Supreme Court Rule 402 relating to pleas of guilty do not apply in cases when a defendant enters a guilty plea under this provision; or
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(2) if the defendant has previously been sentenced
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under the provisions of paragraph (c) on or after January 1, 1998 for any serious traffic offense as defined in Section 1‑187.001 of the Illinois Vehicle Code.
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(i) The provisions of paragraph (c) shall not apply to a defendant charged
with violating Section 3‑707 of the Illinois Vehicle Code or a similar
provision of a local ordinance if the defendant has been assigned supervision
for a violation of Section 3‑707 of the Illinois Vehicle Code or a similar
provision of a local ordinance.
(j) The provisions of paragraph (c) shall not apply to a
defendant charged with violating
Section 6‑303 of the Illinois Vehicle Code or a similar provision of
a local ordinance when the revocation or suspension was for a violation of
Section 11‑501 or a similar provision of a local ordinance, a violation of
Section 11‑501.1 or paragraph (b) of Section 11‑401 of the Illinois Vehicle
Code, or a violation of Section 9‑3 of the Criminal Code of 1961 if the
defendant has within the last 10 years been:
(1) convicted for a violation of Section 6‑303 of
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the Illinois Vehicle Code or a similar provision of a local ordinance; or
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(2) assigned supervision for a violation of Section
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6‑303 of the Illinois Vehicle Code or a similar provision of a local ordinance.
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(Source: P.A. 93‑388, eff. 7‑25‑03; 93‑1014, eff. 1‑1‑05; 94‑375, eff. 1‑1‑06.)
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(730 ILCS 5/5‑6‑3) (from Ch. 38, par. 1005‑6‑3)
(Text of Section from P.A. 94‑159)
Sec. 5‑6‑3. Conditions of Probation and of Conditional Discharge.
(a) The conditions of probation and of conditional discharge shall be
that the person:
(1) not violate any criminal statute of any
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(2) report to or appear in person before such person
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or agency as directed by the court;
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(3) refrain from possessing a firearm or other
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(4) not leave the State without the consent of the
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court or, in circumstances in which the reason for the absence is of such an emergency nature that prior consent by the court is not possible, without the prior notification and approval of the person's probation officer. Transfer of a person's probation or conditional discharge supervision to another state is subject to acceptance by the other state pursuant to the Interstate Compact for Adult Offender Supervision;
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(5) permit the probation officer to visit him at his
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home or elsewhere to the extent necessary to discharge his duties;
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(6) perform no less than 30 hours of community
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service and not more than 120 hours of community service, if community service is available in the jurisdiction and is funded and approved by the county board where the offense was committed, where the offense was related to or in furtherance of the criminal activities of an organized gang and was motivated by the offender's membership in or allegiance to an organized gang. The community service shall include, but not be limited to, the cleanup and repair of any damage caused by a violation of Section 21‑1.3 of the Criminal Code of 1961 and similar damage to property located within the municipality or county in which the violation occurred. When possible and reasonable, the community service should be performed in the offender's neighborhood. For purposes of this Section, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act;
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(7) if he or she is at least 17 years of age and has
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been sentenced to probation or conditional discharge for a misdemeanor or felony in a county of 3,000,000 or more inhabitants and has not been previously convicted of a misdemeanor or felony, may be required by the sentencing court to attend educational courses designed to prepare the defendant for a high school diploma and to work toward a high school diploma or to work toward passing the high school level Test of General Educational Development (GED) or to work toward completing a vocational training program approved by the court. The person on probation or conditional discharge must attend a public institution of education to obtain the educational or vocational training required by this clause (7). The court shall revoke the probation or conditional discharge of a person who wilfully fails to comply with this clause (7). The person on probation or conditional discharge shall be required to pay for the cost of the educational courses or GED test, if a fee is charged for those courses or test. The court shall resentence the offender whose probation or conditional discharge has been revoked as provided in Section 5‑6‑4. This clause (7) does not apply to a person who has a high school diploma or has successfully passed the GED test. This clause (7) does not apply to a person who is determined by the court to be developmentally disabled or otherwise mentally incapable of completing the educational or vocational program;
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(8) if convicted of possession of a substance
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prohibited by the Cannabis Control Act or Illinois Controlled Substances Act after a previous conviction or disposition of supervision for possession of a substance prohibited by the Cannabis Control Act or Illinois Controlled Substances Act or after a sentence of probation under Section 10 of the Cannabis Control Act or Section 410 of the Illinois Controlled Substances Act and upon a finding by the court that the person is addicted, undergo treatment at a substance abuse program approved by the court;
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(8.5) if convicted of a felony sex offense as defined
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in the Sex Offender Management Board Act, the person shall undergo and successfully complete sex offender treatment by a treatment provider approved by the Board and conducted in conformance with the standards developed under the Sex Offender Management Board Act;
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(9) if convicted of a felony, physically surrender at
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a time and place designated by the court, his or her Firearm Owner's Identification Card and any and all firearms in his or her possession; and
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(10) if convicted of a sex offense as defined in
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subsection (a‑5) of Section 3‑1‑2 of this Code, unless the offender is a parent or guardian of the person under 18 years of age present in the home and no non‑familial minors are present, not participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter.
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(b) The Court may in addition to other reasonable conditions relating to the
nature of the offense or the rehabilitation of the defendant as determined for
each defendant in the proper discretion of the Court require that the person:
(1) serve a term of periodic imprisonment under
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Article 7 for a period not to exceed that specified in paragraph (d) of Section 5‑7‑1;
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(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
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(4) undergo medical, psychological or psychiatric
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treatment; or treatment for drug addiction or alcoholism;
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(5) attend or reside in a facility established for
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the instruction or residence of defendants on probation;
|
|
(6) support his dependents;
(7) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non‑residential program for youth;
(iv) contribute to his own support at home or in
|
|
|
(v) with the consent of the superintendent of the
|
|
facility, attend an educational program at a facility other than the school in which the offense was committed if he or she is convicted of a crime of violence as defined in Section 2 of the Crime Victims Compensation Act committed in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;
|
|
(8) make restitution as provided in Section 5‑5‑6 of
|
|
|
(9) perform some reasonable public or community
|
|
|
(10) serve a term of home confinement. In addition
|
|
to any other applicable condition of probation or conditional discharge, the conditions of home confinement shall be that the offender:
|
|
(i) remain within the interior premises of the
|
|
place designated for his confinement during the hours designated by the court;
|
|
(ii) admit any person or agent designated by the
|
|
court into the offender's place of confinement at any time for purposes of verifying the offender's compliance with the conditions of his confinement; and
|
|
(iii) if further deemed necessary by the court or
|
|
the Probation or Court Services Department, be placed on an approved electronic monitoring device, subject to Article 8A of Chapter V;
|
|
(iv) for persons convicted of any alcohol,
|
|
cannabis or controlled substance violation who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the offender to pay the fee, the court assesses a lesser fee or no fee as the case may be. This fee shall be imposed in addition to the fees imposed under subsections (g) and (i) of this Section. The fee shall be collected by the clerk of the circuit court. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer for deposit in the substance abuse services fund under Section 5‑1086.1 of the Counties Code; and
|
|
(v) for persons convicted of offenses other than
|
|
those referenced in clause (iv) above and who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the defendant to pay the fee, the court assesses a lesser fee or no fee as the case may be. This fee shall be imposed in addition to the fees imposed under subsections (g) and (i) of this Section. The fee shall be collected by the clerk of the circuit court. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer who shall use the monies collected to defray the costs of corrections. The county treasurer shall deposit the fee collected in the county working cash fund under Section 6‑27001 or Section 6‑29002 of the Counties Code, as the case may be.
|
|
(11) comply with the terms and conditions of an order
|
|
of protection issued by the court pursuant to the Illinois Domestic Violence Act of 1986, as now or hereafter amended, or an order of protection issued by the court of another state, tribe, or United States territory. A copy of the order of protection shall be transmitted to the probation officer or agency having responsibility for the case;
|
|
(12) reimburse any "local anti‑crime program" as
|
|
defined in Section 7 of the Anti‑Crime Advisory Council Act for any reasonable expenses incurred by the program on the offender's case, not to exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced;
|
|
(13) contribute a reasonable sum of money, not to
|
|
exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced, to a "local anti‑crime program", as defined in Section 7 of the Anti‑Crime Advisory Council Act;
|
|
(14) refrain from entering into a designated
|
|
geographic area except upon such terms as the court finds appropriate. Such terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the defendant, and advance approval by a probation officer, if the defendant has been placed on probation or advance approval by the court, if the defendant was placed on conditional discharge;
|
|
(15) refrain from having any contact, directly or
|
|
indirectly, with certain specified persons or particular types of persons, including but not limited to members of street gangs and drug users or dealers;
|
|
(16) refrain from having in his or her body the
|
|
presence of any illicit drug prohibited by the Cannabis Control Act or the Illinois Controlled Substances Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug.
|
|
(c) The court may as a condition of probation or of conditional
discharge require that a person under 18 years of age found guilty of any
alcohol, cannabis or controlled substance violation, refrain from acquiring
a driver's license during
the period of probation or conditional discharge. If such person
is in possession of a permit or license, the court may require that
the minor refrain from driving or operating any motor vehicle during the
period of probation or conditional discharge, except as may be necessary in
the course of the minor's lawful employment.
(d) An offender sentenced to probation or to conditional discharge
shall be given a certificate setting forth the conditions thereof.
(e) Except where the offender has committed a fourth or subsequent
violation of subsection (c) of Section 6‑303 of the Illinois Vehicle Code,
the court shall not require as a condition of the sentence of
probation or conditional discharge that the offender be committed to a
period of imprisonment in excess of 6 months.
This 6 month limit shall not include periods of confinement given pursuant to
a sentence of county impact incarceration under Section 5‑8‑1.2.
This 6 month limit does not apply to a person sentenced to probation as a
result of a conviction of a fourth or subsequent violation of subsection (c‑4)
of Section 11‑501 of the Illinois Vehicle Code or a similar provision of a
local ordinance.
Persons committed to imprisonment as a condition of probation or
conditional discharge shall not be committed to the Department of
Corrections.
(f) The court may combine a sentence of periodic imprisonment under
Article 7 or a sentence to a county impact incarceration program under
Article 8 with a sentence of probation or conditional discharge.
(g) An offender sentenced to probation or to conditional discharge and
who during the term of either undergoes mandatory drug or alcohol testing,
or both, or is assigned to be placed on an approved electronic monitoring
device, shall be ordered to pay all costs incidental to such mandatory drug
or alcohol testing, or both, and all costs
incidental to such approved electronic monitoring in accordance with the
defendant's ability to pay those costs. The county board with
the concurrence of the Chief Judge of the judicial
circuit in which the county is located shall establish reasonable fees for
the cost of maintenance, testing, and incidental expenses related to the
mandatory drug or alcohol testing, or both, and all costs incidental to
approved electronic monitoring, involved in a successful probation program
for the county. The concurrence of the Chief Judge shall be in the form of
an administrative order.
The fees shall be collected by the clerk of the circuit court. The clerk of
the circuit court shall pay all moneys collected from these fees to the county
treasurer who shall use the moneys collected to defray the costs of
drug testing, alcohol testing, and electronic monitoring.
The county treasurer shall deposit the fees collected in the
county working cash fund under Section 6‑27001 or Section 6‑29002 of the
Counties Code, as the case may be.
(h) Jurisdiction over an offender may be transferred from the
sentencing court to the court of another circuit with the concurrence of
both courts. Further transfers or retransfers of
jurisdiction are also
authorized in the same manner. The court to which jurisdiction has been
transferred shall have the same powers as the sentencing court.
(i) The court shall impose upon an offender
sentenced to probation after January 1, 1989 or to conditional discharge
after January 1, 1992 or to community service under the supervision of a
probation or court services department after January 1, 2004, as a condition of such probation or conditional
discharge or supervised community service, a fee of $50
for each month of probation or
conditional
discharge supervision or supervised community service ordered by the court, unless after
determining the inability of the person sentenced to probation or conditional
discharge or supervised community service to pay the
fee, the court assesses a lesser fee. The court may not impose the fee on a
minor who is made a ward of the State under the Juvenile Court Act of 1987
while the minor is in placement.
The fee shall be imposed only upon
an offender who is actively supervised by the
probation and court services
department. The fee shall be collected by the clerk
of the circuit court. The clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer for deposit in the
probation and court services fund under Section 15.1 of the
Probation and Probation Officers Act.
A circuit court may not impose a probation fee under this subsection (i) in excess of $25
per month unless: (1) the circuit court has adopted, by administrative
order issued by the chief judge, a standard probation fee guide
determining an offender's ability to pay, under guidelines developed by
the Administrative
Office of the Illinois Courts; and (2) the circuit court has authorized, by
administrative order issued by the chief judge, the creation of a Crime
Victim's Services Fund, to be administered by the Chief Judge or his or
her designee, for services to crime victims and their families. Of the
amount collected as a probation fee, up to $5 of that fee
collected per month may be used to provide services to crime victims
and their families.
This amendatory Act of the 93rd General Assembly deletes the $10 increase in the fee under this subsection that was imposed by Public Act 93‑616. This deletion is intended to control over any other Act of the 93rd General Assembly that retains or incorporates that fee increase.
(i‑5) In addition to the fees imposed under subsection (i) of this Section, in the case of an offender convicted of a felony sex offense (as defined in the Sex Offender Management Board Act) or an offense that the court or probation department has determined to be sexually motivated (as defined in the Sex Offender Management Board Act), the court or the probation department shall assess additional fees to pay for all costs of treatment, assessment, evaluation for risk and treatment, and monitoring the offender, based on that offender's ability to pay those costs either as they occur or under a payment plan.
(j) All fines and costs imposed under this Section for any violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a similar
provision of a local ordinance, and any violation of the Child Passenger
Protection Act, or a similar provision of a local ordinance, shall be
collected and disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
(k) Any offender who is sentenced to probation or conditional discharge for a felony sex offense as defined in the Sex Offender Management Board Act or any offense that the court or probation department has determined to be sexually motivated as defined in the Sex Offender Management Board Act shall be required to refrain from any contact, directly or indirectly, with any persons specified by the court and shall be available for all evaluations and treatment programs required by the court or the probation department.
(Source: P.A. 93‑475, eff. 8‑8‑03; 93‑616, eff. 1‑1‑04; 93‑970, eff. 8‑20‑04; 94‑159, eff. 7‑11‑05.)
(Text of Section from P.A. 94‑161)
Sec. 5‑6‑3. Conditions of Probation and of Conditional Discharge.
(a) The conditions of probation and of conditional discharge shall be
that the person:
(1) not violate any criminal statute of any
|
|
|
(2) report to or appear in person before such person
|
|
or agency as directed by the court;
|
|
(3) refrain from possessing a firearm or other
|
|
|
(4) not leave the State without the consent of the
|
|
court or, in circumstances in which the reason for the absence is of such an emergency nature that prior consent by the court is not possible, without the prior notification and approval of the person's probation officer. Transfer of a person's probation or conditional discharge supervision to another state is subject to acceptance by the other state pursuant to the Interstate Compact for Adult Offender Supervision;
|
|
(5) permit the probation officer to visit him at his
|
|
home or elsewhere to the extent necessary to discharge his duties;
|
|
(6) perform no less than 30 hours of community
|
|
service and not more than 120 hours of community service, if community service is available in the jurisdiction and is funded and approved by the county board where the offense was committed, where the offense was related to or in furtherance of the criminal activities of an organized gang and was motivated by the offender's membership in or allegiance to an organized gang. The community service shall include, but not be limited to, the cleanup and repair of any damage caused by a violation of Section 21‑1.3 of the Criminal Code of 1961 and similar damage to property located within the municipality or county in which the violation occurred. When possible and reasonable, the community service should be performed in the offender's neighborhood. For purposes of this Section, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act;
|
|
(7) if he or she is at least 17 years of age and has
|
|
been sentenced to probation or conditional discharge for a misdemeanor or felony in a county of 3,000,000 or more inhabitants and has not been previously convicted of a misdemeanor or felony, may be required by the sentencing court to attend educational courses designed to prepare the defendant for a high school diploma and to work toward a high school diploma or to work toward passing the high school level Test of General Educational Development (GED) or to work toward completing a vocational training program approved by the court. The person on probation or conditional discharge must attend a public institution of education to obtain the educational or vocational training required by this clause (7). The court shall revoke the probation or conditional discharge of a person who wilfully fails to comply with this clause (7). The person on probation or conditional discharge shall be required to pay for the cost of the educational courses or GED test, if a fee is charged for those courses or test. The court shall resentence the offender whose probation or conditional discharge has been revoked as provided in Section 5‑6‑4. This clause (7) does not apply to a person who has a high school diploma or has successfully passed the GED test. This clause (7) does not apply to a person who is determined by the court to be developmentally disabled or otherwise mentally incapable of completing the educational or vocational program;
|
|
(8) if convicted of possession of a substance
|
|
prohibited by the Cannabis Control Act or Illinois Controlled Substances Act after a previous conviction or disposition of supervision for possession of a substance prohibited by the Cannabis Control Act or Illinois Controlled Substances Act or after a sentence of probation under Section 10 of the Cannabis Control Act or Section 410 of the Illinois Controlled Substances Act and upon a finding by the court that the person is addicted, undergo treatment at a substance abuse program approved by the court;
|
|
(8.5) if convicted of a felony sex offense as defined
|
|
in the Sex Offender Management Board Act, the person shall undergo and successfully complete sex offender treatment by a treatment provider approved by the Board and conducted in conformance with the standards developed under the Sex Offender Management Board Act;
|
|
(8.6) if convicted of a sex offense as defined in the
|
|
Sex Offender Management Board Act, refrain from residing at the same address or in the same condominium unit or apartment unit or in the same condominium complex or apartment complex with another person he or she knows or reasonably should know is a convicted sex offender or has been placed on supervision for a sex offense; the provisions of this paragraph do not apply to a person convicted of a sex offense who is placed in a Department of Corrections licensed transitional housing facility for sex offenders; and
|
|
(9) if convicted of a felony, physically surrender at
|
|
a time and place designated by the court, his or her Firearm Owner's Identification Card and any and all firearms in his or her possession.
|
|
(b) The Court may in addition to other reasonable conditions relating to the
nature of the offense or the rehabilitation of the defendant as determined for
each defendant in the proper discretion of the Court require that the person:
(1) serve a term of periodic imprisonment under
|
|
Article 7 for a period not to exceed that specified in paragraph (d) of Section 5‑7‑1;
|
|
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
|
|
|
(4) undergo medical, psychological or psychiatric
|
|
treatment; or treatment for drug addiction or alcoholism;
|
|
(5) attend or reside in a facility established for
|
|
the instruction or residence of defendants on probation;
|
|
(6) support his dependents;
(7) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non‑residential program for youth;
(iv) contribute to his own support at home or in
|
|
|
(v) with the consent of the superintendent of the
|
|
facility, attend an educational program at a facility other than the school in which the offense was committed if he or she is convicted of a crime of violence as defined in Section 2 of the Crime Victims Compensation Act committed in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;
|
|
(8) make restitution as provided in Section 5‑5‑6 of
|
|
|
(9) perform some reasonable public or community
|
|
|
(10) serve a term of home confinement. In addition
|
|
to any other applicable condition of probation or conditional discharge, the conditions of home confinement shall be that the offender:
|
|
(i) remain within the interior premises of the
|
|
place designated for his confinement during the hours designated by the court;
|
|
(ii) admit any person or agent designated by the
|
|
court into the offender's place of confinement at any time for purposes of verifying the offender's compliance with the conditions of his confinement; and
|
|
(iii) if further deemed necessary by the court or
|
|
the Probation or Court Services Department, be placed on an approved electronic monitoring device, subject to Article 8A of Chapter V;
|
|
(iv) for persons convicted of any alcohol,
|
|
cannabis or controlled substance violation who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the offender to pay the fee, the court assesses a lesser fee or no fee as the case may be. This fee shall be imposed in addition to the fees imposed under subsections (g) and (i) of this Section. The fee shall be collected by the clerk of the circuit court. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer for deposit in the substance abuse services fund under Section 5‑1086.1 of the Counties Code; and
|
|
(v) for persons convicted of offenses other than
|
|
those referenced in clause (iv) above and who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the defendant to pay the fee, the court assesses a lesser fee or no fee as the case may be. This fee shall be imposed in addition to the fees imposed under subsections (g) and (i) of this Section. The fee shall be collected by the clerk of the circuit court. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer who shall use the monies collected to defray the costs of corrections. The county treasurer shall deposit the fee collected in the county working cash fund under Section 6‑27001 or Section 6‑29002 of the Counties Code, as the case may be.
|
|
(11) comply with the terms and conditions of an order
|
|
of protection issued by the court pursuant to the Illinois Domestic Violence Act of 1986, as now or hereafter amended, or an order of protection issued by the court of another state, tribe, or United States territory. A copy of the order of protection shall be transmitted to the probation officer or agency having responsibility for the case;
|
|
(12) reimburse any "local anti‑crime program" as
|
|
defined in Section 7 of the Anti‑Crime Advisory Council Act for any reasonable expenses incurred by the program on the offender's case, not to exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced;
|
|
(13) contribute a reasonable sum of money, not to
|
|
exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced, to a "local anti‑crime program", as defined in Section 7 of the Anti‑Crime Advisory Council Act;
|
|
(14) refrain from entering into a designated
|
|
geographic area except upon such terms as the court finds appropriate. Such terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the defendant, and advance approval by a probation officer, if the defendant has been placed on probation or advance approval by the court, if the defendant was placed on conditional discharge;
|
|
(15) refrain from having any contact, directly or
|
|
indirectly, with certain specified persons or particular types of persons, including but not limited to members of street gangs and drug users or dealers;
|
|
(16) refrain from having in his or her body the
|
|
presence of any illicit drug prohibited by the Cannabis Control Act or the Illinois Controlled Substances Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug.
|
|
(c) The court may as a condition of probation or of conditional
discharge require that a person under 18 years of age found guilty of any
alcohol, cannabis or controlled substance violation, refrain from acquiring
a driver's license during
the period of probation or conditional discharge. If such person
is in possession of a permit or license, the court may require that
the minor refrain from driving or operating any motor vehicle during the
period of probation or conditional discharge, except as may be necessary in
the course of the minor's lawful employment.
(d) An offender sentenced to probation or to conditional discharge
shall be given a certificate setting forth the conditions thereof.
(e) Except where the offender has committed a fourth or subsequent
violation of subsection (c) of Section 6‑303 of the Illinois Vehicle Code,
the court shall not require as a condition of the sentence of
probation or conditional discharge that the offender be committed to a
period of imprisonment in excess of 6 months.
This 6 month limit shall not include periods of confinement given pursuant to
a sentence of county impact incarceration under Section 5‑8‑1.2.
This 6 month limit does not apply to a person sentenced to probation as a
result of a conviction of a fourth or subsequent violation of subsection (c‑4)
of Section 11‑501 of the Illinois Vehicle Code or a similar provision of a
local ordinance.
Persons committed to imprisonment as a condition of probation or
conditional discharge shall not be committed to the Department of
Corrections.
(f) The court may combine a sentence of periodic imprisonment under
Article 7 or a sentence to a county impact incarceration program under
Article 8 with a sentence of probation or conditional discharge.
(g) An offender sentenced to probation or to conditional discharge and
who during the term of either undergoes mandatory drug or alcohol testing,
or both, or is assigned to be placed on an approved electronic monitoring
device, shall be ordered to pay all costs incidental to such mandatory drug
or alcohol testing, or both, and all costs
incidental to such approved electronic monitoring in accordance with the
defendant's ability to pay those costs. The county board with
the concurrence of the Chief Judge of the judicial
circuit in which the county is located shall establish reasonable fees for
the cost of maintenance, testing, and incidental expenses related to the
mandatory drug or alcohol testing, or both, and all costs incidental to
approved electronic monitoring, involved in a successful probation program
for the county. The concurrence of the Chief Judge shall be in the form of
an administrative order.
The fees shall be collected by the clerk of the circuit court. The clerk of
the circuit court shall pay all moneys collected from these fees to the county
treasurer who shall use the moneys collected to defray the costs of
drug testing, alcohol testing, and electronic monitoring.
The county treasurer shall deposit the fees collected in the
county working cash fund under Section 6‑27001 or Section 6‑29002 of the
Counties Code, as the case may be.
(h) Jurisdiction over an offender may be transferred from the
sentencing court to the court of another circuit with the concurrence of
both courts. Further transfers or retransfers of
jurisdiction are also
authorized in the same manner. The court to which jurisdiction has been
transferred shall have the same powers as the sentencing court.
(i) The court shall impose upon an offender
sentenced to probation after January 1, 1989 or to conditional discharge
after January 1, 1992 or to community service under the supervision of a
probation or court services department after January 1, 2004, as a condition of such probation or conditional
discharge or supervised community service, a fee of $50
for each month of probation or
conditional
discharge supervision or supervised community service ordered by the court, unless after
determining the inability of the person sentenced to probation or conditional
discharge or supervised community service to pay the
fee, the court assesses a lesser fee. The court may not impose the fee on a
minor who is made a ward of the State under the Juvenile Court Act of 1987
while the minor is in placement.
The fee shall be imposed only upon
an offender who is actively supervised by the
probation and court services
department. The fee shall be collected by the clerk
of the circuit court. The clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer for deposit in the
probation and court services fund under Section 15.1 of the
Probation and Probation Officers Act.
A circuit court may not impose a probation fee under this subsection (i) in excess of $25
per month unless: (1) the circuit court has adopted, by administrative
order issued by the chief judge, a standard probation fee guide
determining an offender's ability to pay, under guidelines developed by
the Administrative
Office of the Illinois Courts; and (2) the circuit court has authorized, by
administrative order issued by the chief judge, the creation of a Crime
Victim's Services Fund, to be administered by the Chief Judge or his or
her designee, for services to crime victims and their families. Of the
amount collected as a probation fee, up to $5 of that fee
collected per month may be used to provide services to crime victims
and their families.
This amendatory Act of the 93rd General Assembly deletes the $10 increase in the fee under this subsection that was imposed by Public Act 93‑616. This deletion is intended to control over any other Act of the 93rd General Assembly that retains or incorporates that fee increase.
(i‑5) In addition to the fees imposed under subsection (i) of this Section, in the case of an offender convicted of a felony sex offense (as defined in the Sex Offender Management Board Act) or an offense that the court or probation department has determined to be sexually motivated (as defined in the Sex Offender Management Board Act), the court or the probation department shall assess additional fees to pay for all costs of treatment, assessment, evaluation for risk and treatment, and monitoring the offender, based on that offender's ability to pay those costs either as they occur or under a payment plan.
(j) All fines and costs imposed under this Section for any violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a similar
provision of a local ordinance, and any violation of the Child Passenger
Protection Act, or a similar provision of a local ordinance, shall be
collected and disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
(k) Any offender who is sentenced to probation or conditional discharge for a felony sex offense as defined in the Sex Offender Management Board Act or any offense that the court or probation department has determined to be sexually motivated as defined in the Sex Offender Management Board Act shall be required to refrain from any contact, directly or indirectly, with any persons specified by the court and shall be available for all evaluations and treatment programs required by the court or the probation department.
(Source: P.A. 93‑475, eff. 8‑8‑03; 93‑616, eff. 1‑1‑04; 93‑970, eff. 8‑20‑04; 94‑161, eff. 7‑11‑05.)
(Text of Section from P.A. 94‑556)
Sec. 5‑6‑3. Conditions of Probation and of Conditional Discharge.
(a) The conditions of probation and of conditional discharge shall be
that the person:
(1) not violate any criminal statute of any
|
|
|
(2) report to or appear in person before such person
|
|
or agency as directed by the court;
|
|
(3) refrain from possessing a firearm or other
|
|
|
(4) not leave the State without the consent of the
|
|
court or, in circumstances in which the reason for the absence is of such an emergency nature that prior consent by the court is not possible, without the prior notification and approval of the person's probation officer. Transfer of a person's probation or conditional discharge supervision to another state is subject to acceptance by the other state pursuant to the Interstate Compact for Adult Offender Supervision;
|
|
(5) permit the probation officer to visit him at his
|
|
home or elsewhere to the extent necessary to discharge his duties;
|
|
(6) perform no less than 30 hours of community
|
|
service and not more than 120 hours of community service, if community service is available in the jurisdiction and is funded and approved by the county board where the offense was committed, where the offense was related to or in furtherance of the criminal activities of an organized gang and was motivated by the offender's membership in or allegiance to an organized gang. The community service shall include, but not be limited to, the cleanup and repair of any damage caused by a violation of Section 21‑1.3 of the Criminal Code of 1961 and similar damage to property located within the municipality or county in which the violation occurred. When possible and reasonable, the community service should be performed in the offender's neighborhood. For purposes of this Section, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act;
|
|
(7) if he or she is at least 17 years of age and has
|
|
been sentenced to probation or conditional discharge for a misdemeanor or felony in a county of 3,000,000 or more inhabitants and has not been previously convicted of a misdemeanor or felony, may be required by the sentencing court to attend educational courses designed to prepare the defendant for a high school diploma and to work toward a high school diploma or to work toward passing the high school level Test of General Educational Development (GED) or to work toward completing a vocational training program approved by the court. The person on probation or conditional discharge must attend a public institution of education to obtain the educational or vocational training required by this clause (7). The court shall revoke the probation or conditional discharge of a person who wilfully fails to comply with this clause (7). The person on probation or conditional discharge shall be required to pay for the cost of the educational courses or GED test, if a fee is charged for those courses or test. The court shall resentence the offender whose probation or conditional discharge has been revoked as provided in Section 5‑6‑4. This clause (7) does not apply to a person who has a high school diploma or has successfully passed the GED test. This clause (7) does not apply to a person who is determined by the court to be developmentally disabled or otherwise mentally incapable of completing the educational or vocational program;
|
|
(8) if convicted of possession of a substance
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prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act after a previous conviction or disposition of supervision for possession of a substance prohibited by the Cannabis Control Act or Illinois Controlled Substances Act or after a sentence of probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act and upon a finding by the court that the person is addicted, undergo treatment at a substance abuse program approved by the court;
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(8.5) if convicted of a felony sex offense as defined
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in the Sex Offender Management Board Act, the person shall undergo and successfully complete sex offender treatment by a treatment provider approved by the Board and conducted in conformance with the standards developed under the Sex Offender Management Board Act; and
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(9) if convicted of a felony, physically surrender at
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a time and place designated by the court, his or her Firearm Owner's Identification Card and any and all firearms in his or her possession.
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(b) The Court may in addition to other reasonable conditions relating to the
nature of the offense or the rehabilitation of the defendant as determined for
each defendant in the proper discretion of the Court require that the person:
(1) serve a term of periodic imprisonment under
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Article 7 for a period not to exceed that specified in paragraph (d) of Section 5‑7‑1;
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(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
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(4) undergo medical, psychological or psychiatric
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treatment; or treatment for drug addiction or alcoholism;
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(5) attend or reside in a facility established for
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the instruction or residence of defendants on probation;
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(6) support his dependents;
(7) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non‑residential program for youth;
(iv) contribute to his own support at home or in
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(v) with the consent of the superintendent of the
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facility, attend an educational program at a facility other than the school in which the offense was committed if he or she is convicted of a crime of violence as defined in Section 2 of the Crime Victims Compensation Act committed in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;
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(8) make restitution as provided in Section 5‑5‑6 of
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(9) perform some reasonable public or community
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(10) serve a term of home confinement. In addition
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to any other applicable condition of probation or conditional discharge, the conditions of home confinement shall be that the offender:
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(i) remain within the interior premises of the
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place designated for his confinement during the hours designated by the court;
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(ii) admit any person or agent designated by the
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court into the offender's place of confinement at any time for purposes of verifying the offender's compliance with the conditions of his confinement; and
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(iii) if further deemed necessary by the court or
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the Probation or Court Services Department, be placed on an approved electronic monitoring device, subject to Article 8A of Chapter V;
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(iv) for persons convicted of any alcohol,
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cannabis or controlled substance violation who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the offender to pay the fee, the court assesses a lesser fee or no fee as the case may be. This fee shall be imposed in addition to the fees imposed under subsections (g) and (i) of this Section. The fee shall be collected by the clerk of the circuit court. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer for deposit in the substance abuse services fund under Section 5‑1086.1 of the Counties Code; and
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(v) for persons convicted of offenses other than
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those referenced in clause (iv) above and who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the defendant to pay the fee, the court assesses a lesser fee or no fee as the case may be. This fee shall be imposed in addition to the fees imposed under subsections (g) and (i) of this Section. The fee shall be collected by the clerk of the circuit court. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer who shall use the monies collected to defray the costs of corrections. The county treasurer shall deposit the fee collected in the county working cash fund under Section 6‑27001 or Section 6‑29002 of the Counties Code, as the case may be.
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(11) comply with the terms and conditions of an order
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of protection issued by the court pursuant to the Illinois Domestic Violence Act of 1986, as now or hereafter amended, or an order of protection issued by the court of another state, tribe, or United States territory. A copy of the order of protection shall be transmitted to the probation officer or agency having responsibility for the case;
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(12) reimburse any "local anti‑crime program" as
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defined in Section 7 of the Anti‑Crime Advisory Council Act for any reasonable expenses incurred by the program on the offender's case, not to exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced;
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(13) contribute a reasonable sum of money, not to
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exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced, to a "local anti‑crime program", as defined in Section 7 of the Anti‑Crime Advisory Council Act;
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(14) refrain from entering into a designated
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geographic area except upon such terms as the court finds appropriate. Such terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the defendant, and advance approval by a probation officer, if the defendant has been placed on probation or advance approval by the court, if the defendant was placed on conditional discharge;
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(15) refrain from having any contact, directly or
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indirectly, with certain specified persons or particular types of persons, including but not limited to members of street gangs and drug users or dealers;
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(16) refrain from having in his or her body the
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presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug.
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(c) The court may as a condition of probation or of conditional
discharge require that a person under 18 years of age found guilty of any
alcohol, cannabis or controlled substance violation, refrain from acquiring
a driver's license during
the period of probation or conditional discharge. If such person
is in possession of a permit or license, the court may require that
the minor refrain from driving or operating any motor vehicle during the
period of probation or conditional discharge, except as may be necessary in
the course of the minor's lawful employment.
(d) An offender sentenced to probation or to conditional discharge
shall be given a certificate setting forth the conditions thereof.
(e) Except where the offender has committed a fourth or subsequent
violation of subsection (c) of Section 6‑303 of the Illinois Vehicle Code,
the court shall not require as a condition of the sentence of
probation or conditional discharge that the offender be committed to a
period of imprisonment in excess of 6 months.
This 6 month limit shall not include periods of confinement given pursuant to
a sentence of county impact incarceration under Section 5‑8‑1.2.
This 6 month limit does not apply to a person sentenced to probation as a
result of a conviction of a fourth or subsequent violation of subsection (c‑4)
of Section 11‑501 of the Illinois Vehicle Code or a similar provision of a
local ordinance.
Persons committed to imprisonment as a condition of probation or
conditional discharge shall not be committed to the Department of
Corrections.
(f) The court may combine a sentence of periodic imprisonment under
Article 7 or a sentence to a county impact incarceration program under
Article 8 with a sentence of probation or conditional discharge.
(g) An offender sentenced to probation or to conditional discharge and
who during the term of either undergoes mandatory drug or alcohol testing,
or both, or is assigned to be placed on an approved electronic monitoring
device, shall be ordered to pay all costs incidental to such mandatory drug
or alcohol testing, or both, and all costs
incidental to such approved electronic monitoring in accordance with the
defendant's ability to pay those costs. The county board with
the concurrence of the Chief Judge of the judicial
circuit in which the county is located shall establish reasonable fees for
the cost of maintenance, testing, and incidental expenses related to the
mandatory drug or alcohol testing, or both, and all costs incidental to
approved electronic monitoring, involved in a successful probation program
for the county. The concurrence of the Chief Judge shall be in the form of
an administrative order.
The fees shall be collected by the clerk of the circuit court. The clerk of
the circuit court shall pay all moneys collected from these fees to the county
treasurer who shall use the moneys collected to defray the costs of
drug testing, alcohol testing, and electronic monitoring.
The county treasurer shall deposit the fees collected in the
county working cash fund under Section 6‑27001 or Section 6‑29002 of the
Counties Code, as the case may be.
(h) Jurisdiction over an offender may be transferred from the
sentencing court to the court of another circuit with the concurrence of
both courts. Further transfers or retransfers of
jurisdiction are also
authorized in the same manner. The court to which jurisdiction has been
transferred shall have the same powers as the sentencing court.
(i) The court shall impose upon an offender
sentenced to probation after January 1, 1989 or to conditional discharge
after January 1, 1992 or to community service under the supervision of a
probation or court services department after January 1, 2004, as a condition of such probation or conditional
discharge or supervised community service, a fee of $50
for each month of probation or
conditional
discharge supervision or supervised community service ordered by the court, unless after
determining the inability of the person sentenced to probation or conditional
discharge or supervised community service to pay the
fee, the court assesses a lesser fee. The court may not impose the fee on a
minor who is made a ward of the State under the Juvenile Court Act of 1987
while the minor is in placement.
The fee shall be imposed only upon
an offender who is actively supervised by the
probation and court services
department. The fee shall be collected by the clerk
of the circuit court. The clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer for deposit in the
probation and court services fund under Section 15.1 of the
Probation and Probation Officers Act.
A circuit court may not impose a probation fee under this subsection (i) in excess of $25
per month unless: (1) the circuit court has adopted, by administrative
order issued by the chief judge, a standard probation fee guide
determining an offender's ability to pay, under guidelines developed by
the Administrative
Office of the Illinois Courts; and (2) the circuit court has authorized, by
administrative order issued by the chief judge, the creation of a Crime
Victim's Services Fund, to be administered by the Chief Judge or his or
her designee, for services to crime victims and their families. Of the
amount collected as a probation fee, up to $5 of that fee
collected per month may be used to provide services to crime victims
and their families.
This amendatory Act of the 93rd General Assembly deletes the $10 increase in the fee under this subsection that was imposed by Public Act 93‑616. This deletion is intended to control over any other Act of the 93rd General Assembly that retains or incorporates that fee increase.
(i‑5) In addition to the fees imposed under subsection (i) of this Section, in the case of an offender convicted of a felony sex offense (as defined in the Sex Offender Management Board Act) or an offense that the court or probation department has determined to be sexually motivated (as defined in the Sex Offender Management Board Act), the court or the probation department shall assess additional fees to pay for all costs of treatment, assessment, evaluation for risk and treatment, and monitoring the offender, based on that offender's ability to pay those costs either as they occur or under a payment plan.
(j) All fines and costs imposed under this Section for any violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a similar
provision of a local ordinance, and any violation of the Child Passenger
Protection Act, or a similar provision of a local ordinance, shall be
collected and disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
(k) Any offender who is sentenced to probation or conditional discharge for a felony sex offense as defined in the Sex Offender Management Board Act or any offense that the court or probation department has determined to be sexually motivated as defined in the Sex Offender Management Board Act shall be required to refrain from any contact, directly or indirectly, with any persons specified by the court and shall be available for all evaluations and treatment programs required by the court or the probation department.
(Source: P.A. 93‑475, eff. 8‑8‑03; 93‑616, eff. 1‑1‑04; 93‑970, eff. 8‑20‑04; 94‑556, eff. 9‑11‑05.)
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(730 ILCS 5/5‑6‑3.1) (from Ch. 38, par. 1005‑6‑3.1)
(Text of Section from P.A. 94‑159)
Sec. 5‑6‑3.1. Incidents and Conditions of Supervision.
(a) When a defendant is placed on supervision, the court shall enter
an order for supervision specifying the period of such supervision, and
shall defer further proceedings in the case until the conclusion of the
period.
(b) The period of supervision shall be reasonable under all of the
circumstances of the case, but may not be longer than 2 years, unless the
defendant has failed to pay the assessment required by Section 10.3 of the
Cannabis Control Act or Section 411.2 of the Illinois Controlled
Substances Act, in which case the court may extend supervision beyond 2 years.
Additionally, the court shall order the defendant to perform no less than 30
hours of community service and not more than 120 hours of community service, if
community service is available in the
jurisdiction and is funded and approved by the county board where the offense
was committed,
when the offense (1) was
related to or in furtherance of the criminal activities of an organized gang or
was motivated by the defendant's membership in or allegiance to an organized
gang; or (2) is a violation of any Section of Article 24 of the Criminal
Code of 1961 where a disposition of supervision is not prohibited by Section
5‑6‑1 of this Code.
The
community service shall include, but not be limited to, the cleanup and repair
of any damage caused by violation of Section 21‑1.3 of the Criminal Code of
1961 and similar damages to property located within the municipality or county
in which the violation occurred. Where possible and reasonable, the community
service should be performed in the offender's neighborhood.
For the purposes of this
Section, "organized gang" has the meaning ascribed to it in Section 10 of the
Illinois Streetgang Terrorism Omnibus Prevention Act.
(c) The court may in addition to other reasonable conditions
relating to the nature of the offense or the rehabilitation of the
defendant as determined for each defendant in the proper discretion of
the court require that the person:
(1) make a report to and appear in person before or
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participate with the court or such courts, person, or social service agency as directed by the court in the order of supervision;
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(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
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(4) undergo medical, psychological or psychiatric
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treatment; or treatment for drug addiction or alcoholism;
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(5) attend or reside in a facility established for
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the instruction or residence of defendants on probation;
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(6) support his dependents;
(7) refrain from possessing a firearm or other
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(8) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non‑residential program for youth;
(iv) contribute to his own support at home or in
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(v) with the consent of the superintendent of
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the facility, attend an educational program at a facility other than the school in which the offense was committed if he or she is placed on supervision for a crime of violence as defined in Section 2 of the Crime Victims Compensation Act committed in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;
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(9) make restitution or reparation in an amount not
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to exceed actual loss or damage to property and pecuniary loss or make restitution under Section 5‑5‑6 to a domestic violence shelter. The court shall determine the amount and conditions of payment;
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(10) perform some reasonable public or community
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(11) comply with the terms and conditions of an
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order of protection issued by the court pursuant to the Illinois Domestic Violence Act of 1986 or an order of protection issued by the court of another state, tribe, or United States territory. If the court has ordered the defendant to make a report and appear in person under paragraph (1) of this subsection, a copy of the order of protection shall be transmitted to the person or agency so designated by the court;
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(12) reimburse any "local anti‑crime program" as
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defined in Section 7 of the Anti‑Crime Advisory Council Act for any reasonable expenses incurred by the program on the offender's case, not to exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced;
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(13) contribute a reasonable sum of money, not to
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exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced, to a "local anti‑crime program", as defined in Section 7 of the Anti‑Crime Advisory Council Act;
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(14) refrain from entering into a designated
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geographic area except upon such terms as the court finds appropriate. Such terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the defendant, and advance approval by a probation officer;
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(15) refrain from having any contact, directly or
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indirectly, with certain specified persons or particular types of person, including but not limited to members of street gangs and drug users or dealers;
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(16) refrain from having in his or her body the
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presence of any illicit drug prohibited by the Cannabis Control Act or the Illinois Controlled Substances Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;
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(17) refrain from operating any motor vehicle not
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equipped with an ignition interlock device as defined in Section 1‑129.1 of the Illinois Vehicle Code. Under this condition the court may allow a defendant who is not self‑employed to operate a vehicle owned by the defendant's employer that is not equipped with an ignition interlock device in the course and scope of the defendant's employment; and
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(18) if placed on supervision for a sex offense as
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defined in subsection (a‑5) of Section 3‑1‑2 of this Code, unless the offender is a parent or guardian of the person under 18 years of age present in the home and no non‑familial minors are present, not participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter.
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(d) The court shall defer entering any judgment on the charges
until the conclusion of the supervision.
(e) At the conclusion of the period of supervision, if the court
determines that the defendant has successfully complied with all of the
conditions of supervision, the court shall discharge the defendant and
enter a judgment dismissing the charges.
(f) Discharge and dismissal upon a successful conclusion of a
disposition of supervision shall be deemed without adjudication of guilt
and shall not be termed a conviction for purposes of disqualification or
disabilities imposed by law upon conviction of a crime. Two years after the
discharge and dismissal under this Section, unless the disposition of
supervision was for a violation of Sections 3‑707, 3‑708, 3‑710, 5‑401.3, or 11‑503 of the Illinois Vehicle Code or a similar
provision of a local ordinance, or for a violation of Sections 12‑3.2
or 16A‑3 of the Criminal Code of 1961, in which case it shall be 5
years after discharge and dismissal, a person may have his record
of arrest sealed or expunged as may be provided by law. However, any
defendant placed on supervision before January 1, 1980, may move for
sealing or expungement of his arrest record, as provided by law, at any
time after discharge and dismissal under this Section.
A person placed on supervision for a sexual offense committed against a minor
as defined in subsection (g) of Section 5 of the Criminal Identification Act
or for a violation of Section 11‑501 of the Illinois Vehicle Code or a
similar provision of a local ordinance
shall not have his or her record of arrest sealed or expunged.
(g) A defendant placed on supervision and who during the period of
supervision undergoes mandatory drug or alcohol testing, or both, or is
assigned to be placed on an approved electronic monitoring device, shall be
ordered to pay the costs incidental to such mandatory drug or alcohol
testing, or both, and costs incidental to such approved electronic
monitoring in accordance with the defendant's ability to pay those costs.
The county board with the concurrence of the Chief Judge of the judicial
circuit in which the county is located shall establish reasonable fees for
the cost of maintenance, testing, and incidental expenses related to the
mandatory drug or alcohol testing, or both, and all costs incidental to
approved electronic monitoring, of all defendants placed on supervision.
The concurrence of the Chief Judge shall be in the form of an
administrative order.
The fees shall be collected by the clerk of the circuit court. The clerk of
the circuit court shall pay all moneys collected from these fees to the county
treasurer who shall use the moneys collected to defray the costs of
drug testing, alcohol testing, and electronic monitoring.
The county treasurer shall deposit the fees collected in the
county working cash fund under Section 6‑27001 or Section 6‑29002 of the
Counties Code, as the case may be.
(h) A disposition of supervision is a final order for the purposes
of appeal.
(i) The court shall impose upon a defendant placed on supervision
after January 1, 1992 or to community service under the supervision of a
probation or court services department after January 1, 2004, as a condition
of supervision or supervised community service, a fee of $50 for
each month of supervision or supervised community service ordered by the
court, unless after
determining the inability of the person placed on supervision or supervised
community service to pay the
fee, the court assesses a lesser fee. The court may not impose the fee on a
minor who is made a ward of the State under the Juvenile Court Act of 1987
while the minor is in placement.
The fee shall be imposed only upon a
defendant who is actively supervised by the
probation and court services
department. The fee shall be collected by the clerk of the circuit court.
The clerk of the circuit court shall pay all monies collected from this fee
to the county treasurer for deposit in the probation and court services
fund pursuant to Section 15.1 of the Probation and
Probation Officers Act.
A circuit court may not impose a probation fee in excess of $25
per month unless: (1) the circuit court has adopted, by administrative
order issued by the chief judge, a standard probation fee guide
determining an offender's ability to pay, under guidelines developed by
the Administrative
Office of the Illinois Courts; and (2) the circuit court has authorized, by
administrative order issued by the chief judge, the creation of a Crime
Victim's Services Fund, to be administered by the Chief Judge or his or
her designee, for services to crime victims and their families. Of the
amount collected as a probation fee, not to exceed $5 of that fee
collected per month may be used to provide services to crime victims
and their families.
(j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a
similar provision of a local ordinance, and any violation of the Child
Passenger Protection Act, or a similar provision of a local ordinance, shall
be collected and disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
(k) A defendant at least 17 years of age who is placed on supervision
for a misdemeanor in a county of 3,000,000 or more inhabitants
and who has not been previously convicted of a misdemeanor or felony
may as a condition of his or her supervision be required by the court to
attend educational courses designed to prepare the defendant for a high school
diploma and to work toward a high school diploma or to work toward passing the
high school level Test of General Educational Development (GED) or to work
toward completing a vocational training program approved by the court. The
defendant placed on supervision must attend a public institution of education
to obtain the educational or vocational training required by this subsection
(k). The defendant placed on supervision shall be required to pay for the cost
of the educational courses or GED test, if a fee is charged for those courses
or test. The court shall revoke the supervision of a person who wilfully fails
to comply with this subsection (k). The court shall resentence the defendant
upon revocation of supervision as provided in Section 5‑6‑4. This subsection
(k) does not apply to a defendant who has a high school diploma or has
successfully passed the GED test. This subsection (k) does not apply to a
defendant who is determined by the court to be developmentally disabled or
otherwise mentally incapable of completing the
educational or vocational program.
(l) The court shall require a defendant placed on supervision for
possession of a substance
prohibited by the Cannabis Control Act or Illinois Controlled Substances Act
after a previous conviction or disposition of supervision for possession of a
substance prohibited by the Cannabis Control Act or Illinois Controlled
Substances Act or a sentence of probation under Section 10 of the Cannabis
Control Act or Section 410 of the Illinois Controlled Substances Act
and after a finding by the court that the person is addicted, to undergo
treatment at a substance abuse program approved by the court.
(m) The Secretary of State shall require anyone placed on court supervision
for a
violation of Section 3‑707 of the Illinois Vehicle Code or a similar provision
of a local ordinance
to give proof of his or her financial
responsibility as
defined in Section 7‑315 of the Illinois Vehicle Code. The proof shall be
maintained by the individual in a manner satisfactory to the Secretary of State
for
a
minimum period of one year after the date the proof is first filed.
The proof shall be limited to a single action per arrest and may not be
affected by any post‑sentence disposition. The Secretary of State shall
suspend the driver's license of any person
determined by the Secretary to be in violation of this subsection.
(n) Any offender placed on supervision for any offense that the court or probation department has determined to be sexually motivated as defined in the Sex Offender Management Board Act shall be required to refrain from any contact, directly or indirectly, with any persons specified by the court and shall be available for all evaluations and treatment programs required by the court or the probation department.
(Source: P.A. 93‑475, eff. 8‑8‑03; 93‑970, eff. 8‑20‑04; 94‑159, eff. 7‑11‑05.)
(Text of Section from P.A. 94‑161)
Sec. 5‑6‑3.1. Incidents and Conditions of Supervision.
(a) When a defendant is placed on supervision, the court shall enter
an order for supervision specifying the period of such supervision, and
shall defer further proceedings in the case until the conclusion of the
period.
(b) The period of supervision shall be reasonable under all of the
circumstances of the case, but may not be longer than 2 years, unless the
defendant has failed to pay the assessment required by Section 10.3 of the
Cannabis Control Act or Section 411.2 of the Illinois Controlled
Substances Act, in which case the court may extend supervision beyond 2 years.
Additionally, the court shall order the defendant to perform no less than 30
hours of community service and not more than 120 hours of community service, if
community service is available in the
jurisdiction and is funded and approved by the county board where the offense
was committed,
when the offense (1) was
related to or in furtherance of the criminal activities of an organized gang or
was motivated by the defendant's membership in or allegiance to an organized
gang; or (2) is a violation of any Section of Article 24 of the Criminal
Code of 1961 where a disposition of supervision is not prohibited by Section
5‑6‑1 of this Code.
The
community service shall include, but not be limited to, the cleanup and repair
of any damage caused by violation of Section 21‑1.3 of the Criminal Code of
1961 and similar damages to property located within the municipality or county
in which the violation occurred. Where possible and reasonable, the community
service should be performed in the offender's neighborhood.
For the purposes of this
Section, "organized gang" has the meaning ascribed to it in Section 10 of the
Illinois Streetgang Terrorism Omnibus Prevention Act.
(c) The court may in addition to other reasonable conditions
relating to the nature of the offense or the rehabilitation of the
defendant as determined for each defendant in the proper discretion of
the court require that the person:
(1) make a report to and appear in person before or
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participate with the court or such courts, person, or social service agency as directed by the court in the order of supervision;
|
|
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
|
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|
(4) undergo medical, psychological or psychiatric
|
|
treatment; or treatment for drug addiction or alcoholism;
|
|
(5) attend or reside in a facility established for
|
|
the instruction or residence of defendants on probation;
|
|
(6) support his dependents;
(7) refrain from possessing a firearm or other
|
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(8) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non‑residential program for youth;
(iv) contribute to his own support at home or in
|
|
|
(v) with the consent of the superintendent of
|
|
the facility, attend an educational program at a facility other than the school in which the offense was committed if he or she is placed on supervision for a crime of violence as defined in Section 2 of the Crime Victims Compensation Act committed in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;
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(9) make restitution or reparation in an amount not
|
|
to exceed actual loss or damage to property and pecuniary loss or make restitution under Section 5‑5‑6 to a domestic violence shelter. The court shall determine the amount and conditions of payment;
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(10) perform some reasonable public or community
|
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|
(11) comply with the terms and conditions of an
|
|
order of protection issued by the court pursuant to the Illinois Domestic Violence Act of 1986 or an order of protection issued by the court of another state, tribe, or United States territory. If the court has ordered the defendant to make a report and appear in person under paragraph (1) of this subsection, a copy of the order of protection shall be transmitted to the person or agency so designated by the court;
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(12) reimburse any "local anti‑crime program" as
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defined in Section 7 of the Anti‑Crime Advisory Council Act for any reasonable expenses incurred by the program on the offender's case, not to exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced;
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(13) contribute a reasonable sum of money, not to
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exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced, to a "local anti‑crime program", as defined in Section 7 of the Anti‑Crime Advisory Council Act;
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(14) refrain from entering into a designated
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geographic area except upon such terms as the court finds appropriate. Such terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the defendant, and advance approval by a probation officer;
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(15) refrain from having any contact, directly or
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indirectly, with certain specified persons or particular types of person, including but not limited to members of street gangs and drug users or dealers;
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(16) refrain from having in his or her body the
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presence of any illicit drug prohibited by the Cannabis Control Act or the Illinois Controlled Substances Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;
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(17) refrain from operating any motor vehicle not
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equipped with an ignition interlock device as defined in Section 1‑129.1 of the Illinois Vehicle Code. Under this condition the court may allow a defendant who is not self‑employed to operate a vehicle owned by the defendant's employer that is not equipped with an ignition interlock device in the course and scope of the defendant's employment.
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(d) The court shall defer entering any judgment on the charges
until the conclusion of the supervision.
(e) At the conclusion of the period of supervision, if the court
determines that the defendant has successfully complied with all of the
conditions of supervision, the court shall discharge the defendant and
enter a judgment dismissing the charges.
(f) Discharge and dismissal upon a successful conclusion of a
disposition of supervision shall be deemed without adjudication of guilt
and shall not be termed a conviction for purposes of disqualification or
disabilities imposed by law upon conviction of a crime. Two years after the
discharge and dismissal under this Section, unless the disposition of
supervision was for a violation of Sections 3‑707, 3‑708, 3‑710, 5‑401.3, or 11‑503 of the Illinois Vehicle Code or a similar
provision of a local ordinance, or for a violation of Sections 12‑3.2
or 16A‑3 of the Criminal Code of 1961, in which case it shall be 5
years after discharge and dismissal, a person may have his record
of arrest sealed or expunged as may be provided by law. However, any
defendant placed on supervision before January 1, 1980, may move for
sealing or expungement of his arrest record, as provided by law, at any
time after discharge and dismissal under this Section.
A person placed on supervision for a sexual offense committed against a minor
as defined in subsection (g) of Section 5 of the Criminal Identification Act
or for a violation of Section 11‑501 of the Illinois Vehicle Code or a
similar provision of a local ordinance
shall not have his or her record of arrest sealed or expunged.
(g) A defendant placed on supervision and who during the period of
supervision undergoes mandatory drug or alcohol testing, or both, or is
assigned to be placed on an approved electronic monitoring device, shall be
ordered to pay the costs incidental to such mandatory drug or alcohol
testing, or both, and costs incidental to such approved electronic
monitoring in accordance with the defendant's ability to pay those costs.
The county board with the concurrence of the Chief Judge of the judicial
circuit in which the county is located shall establish reasonable fees for
the cost of maintenance, testing, and incidental expenses related to the
mandatory drug or alcohol testing, or both, and all costs incidental to
approved electronic monitoring, of all defendants placed on supervision.
The concurrence of the Chief Judge shall be in the form of an
administrative order.
The fees shall be collected by the clerk of the circuit court. The clerk of
the circuit court shall pay all moneys collected from these fees to the county
treasurer who shall use the moneys collected to defray the costs of
drug testing, alcohol testing, and electronic monitoring.
The county treasurer shall deposit the fees collected in the
county working cash fund under Section 6‑27001 or Section 6‑29002 of the
Counties Code, as the case may be.
(h) A disposition of supervision is a final order for the purposes
of appeal.
(i) The court shall impose upon a defendant placed on supervision
after January 1, 1992 or to community service under the supervision of a
probation or court services department after January 1, 2004, as a condition
of supervision or supervised community service, a fee of $50 for
each month of supervision or supervised community service ordered by the
court, unless after
determining the inability of the person placed on supervision or supervised
community service to pay the
fee, the court assesses a lesser fee. The court may not impose the fee on a
minor who is made a ward of the State under the Juvenile Court Act of 1987
while the minor is in placement.
The fee shall be imposed only upon a
defendant who is actively supervised by the
probation and court services
department. The fee shall be collected by the clerk of the circuit court.
The clerk of the circuit court shall pay all monies collected from this fee
to the county treasurer for deposit in the probation and court services
fund pursuant to Section 15.1 of the Probation and
Probation Officers Act.
A circuit court may not impose a probation fee in excess of $25
per month unless: (1) the circuit court has adopted, by administrative
order issued by the chief judge, a standard probation fee guide
determining an offender's ability to pay, under guidelines developed by
the Administrative
Office of the Illinois Courts; and (2) the circuit court has authorized, by
administrative order issued by the chief judge, the creation of a Crime
Victim's Services Fund, to be administered by the Chief Judge or his or
her designee, for services to crime victims and their families. Of the
amount collected as a probation fee, not to exceed $5 of that fee
collected per month may be used to provide services to crime victims
and their families.
(j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a
similar provision of a local ordinance, and any violation of the Child
Passenger Protection Act, or a similar provision of a local ordinance, shall
be collected and disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
(k) A defendant at least 17 years of age who is placed on supervision
for a misdemeanor in a county of 3,000,000 or more inhabitants
and who has not been previously convicted of a misdemeanor or felony
may as a condition of his or her supervision be required by the court to
attend educational courses designed to prepare the defendant for a high school
diploma and to work toward a high school diploma or to work toward passing the
high school level Test of General Educational Development (GED) or to work
toward completing a vocational training program approved by the court. The
defendant placed on supervision must attend a public institution of education
to obtain the educational or vocational training required by this subsection
(k). The defendant placed on supervision shall be required to pay for the cost
of the educational courses or GED test, if a fee is charged for those courses
or test. The court shall revoke the supervision of a person who wilfully fails
to comply with this subsection (k). The court shall resentence the defendant
upon revocation of supervision as provided in Section 5‑6‑4. This subsection
(k) does not apply to a defendant who has a high school diploma or has
successfully passed the GED test. This subsection (k) does not apply to a
defendant who is determined by the court to be developmentally disabled or
otherwise mentally incapable of completing the
educational or vocational program.
(l) The court shall require a defendant placed on supervision for
possession of a substance
prohibited by the Cannabis Control Act or Illinois Controlled Substances Act
after a previous conviction or disposition of supervision for possession of a
substance prohibited by the Cannabis Control Act or Illinois Controlled
Substances Act or a sentence of probation under Section 10 of the Cannabis
Control Act or Section 410 of the Illinois Controlled Substances Act
and after a finding by the court that the person is addicted, to undergo
treatment at a substance abuse program approved by the court.
(m) The Secretary of State shall require anyone placed on court supervision
for a
violation of Section 3‑707 of the Illinois Vehicle Code or a similar provision
of a local ordinance
to give proof of his or her financial
responsibility as
defined in Section 7‑315 of the Illinois Vehicle Code. The proof shall be
maintained by the individual in a manner satisfactory to the Secretary of State
for
a
minimum period of one year after the date the proof is first filed.
The proof shall be limited to a single action per arrest and may not be
affected by any post‑sentence disposition. The Secretary of State shall
suspend the driver's license of any person
determined by the Secretary to be in violation of this subsection.
(n) Any offender placed on supervision for any offense that the court or probation department has determined to be sexually motivated as defined in the Sex Offender Management Board Act shall be required to refrain from any contact, directly or indirectly, with any persons specified by the court and shall be available for all evaluations and treatment programs required by the court or the probation department.
(o) An offender placed on supervision for a sex offense as defined in the Sex Offender
Management Board Act shall refrain from residing at the same address or in the same condominium unit or apartment unit or in the same condominium complex or apartment complex with another person he or she knows or reasonably should know is a convicted sex offender or has been placed on supervision for a sex offense. The provisions of this subsection (o) do not apply to a person convicted of a sex offense who is placed in a Department of Corrections licensed transitional housing facility for sex offenders.
(Source: P.A. 93‑475, eff. 8‑8‑03; 93‑970, eff. 8‑20‑04; 94‑161, eff. 7‑11‑05.)
(Text of Section from P.A. 94‑556)
Sec. 5‑6‑3.1. Incidents and Conditions of Supervision.
(a) When a defendant is placed on supervision, the court shall enter
an order for supervision specifying the period of such supervision, and
shall defer further proceedings in the case until the conclusion of the
period.
(b) The period of supervision shall be reasonable under all of the
circumstances of the case, but may not be longer than 2 years, unless the
defendant has failed to pay the assessment required by Section 10.3 of the
Cannabis Control Act,
Section 411.2 of the Illinois Controlled
Substances Act, or Section 80 of the Methamphetamine Control and Community Protection Act, in which case the court may extend supervision beyond 2 years.
Additionally, the court shall order the defendant to perform no less than 30
hours of community service and not more than 120 hours of community service, if
community service is available in the
jurisdiction and is funded and approved by the county board where the offense
was committed,
when the offense (1) was
related to or in furtherance of the criminal activities of an organized gang or
was motivated by the defendant's membership in or allegiance to an organized
gang; or (2) is a violation of any Section of Article 24 of the Criminal
Code of 1961 where a disposition of supervision is not prohibited by Section
5‑6‑1 of this Code.
The
community service shall include, but not be limited to, the cleanup and repair
of any damage caused by violation of Section 21‑1.3 of the Criminal Code of
1961 and similar damages to property located within the municipality or county
in which the violation occurred. Where possible and reasonable, the community
service should be performed in the offender's neighborhood.
For the purposes of this
Section, "organized gang" has the meaning ascribed to it in Section 10 of the
Illinois Streetgang Terrorism Omnibus Prevention Act.
(c) The court may in addition to other reasonable conditions
relating to the nature of the offense or the rehabilitation of the
defendant as determined for each defendant in the proper discretion of
the court require that the person:
(1) make a report to and appear in person before or
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participate with the court or such courts, person, or social service agency as directed by the court in the order of supervision;
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(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
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(4) undergo medical, psychological or psychiatric
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treatment; or treatment for drug addiction or alcoholism;
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(5) attend or reside in a facility established for
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the instruction or residence of defendants on probation;
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(6) support his dependents;
(7) refrain from possessing a firearm or other
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(8) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non‑residential program for youth;
(iv) contribute to his own support at home or in
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(v) with the consent of the superintendent of
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the facility, attend an educational program at a facility other than the school in which the offense was committed if he or she is placed on supervision for a crime of violence as defined in Section 2 of the Crime Victims Compensation Act committed in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;
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(9) make restitution or reparation in an amount not
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to exceed actual loss or damage to property and pecuniary loss or make restitution under Section 5‑5‑6 to a domestic violence shelter. The court shall determine the amount and conditions of payment;
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(10) perform some reasonable public or community
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(11) comply with the terms and conditions of an
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order of protection issued by the court pursuant to the Illinois Domestic Violence Act of 1986 or an order of protection issued by the court of another state, tribe, or United States territory. If the court has ordered the defendant to make a report and appear in person under paragraph (1) of this subsection, a copy of the order of protection shall be transmitted to the person or agency so designated by the court;
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(12) reimburse any "local anti‑crime program" as
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defined in Section 7 of the Anti‑Crime Advisory Council Act for any reasonable expenses incurred by the program on the offender's case, not to exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced;
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(13) contribute a reasonable sum of money, not to
|
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exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced, to a "local anti‑crime program", as defined in Section 7 of the Anti‑Crime Advisory Council Act;
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(14) refrain from entering into a designated
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geographic area except upon such terms as the court finds appropriate. Such terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the defendant, and advance approval by a probation officer;
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(15) refrain from having any contact, directly or
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indirectly, with certain specified persons or particular types of person, including but not limited to members of street gangs and drug users or dealers;
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(16) refrain from having in his or her body the
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presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;
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(17) refrain from operating any motor vehicle not
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equipped with an ignition interlock device as defined in Section 1‑129.1 of the Illinois Vehicle Code. Under this condition the court may allow a defendant who is not self‑employed to operate a vehicle owned by the defendant's employer that is not equipped with an ignition interlock device in the course and scope of the defendant's employment.
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(d) The court shall defer entering any judgment on the charges
until the conclusion of the supervision.
(e) At the conclusion of the period of supervision, if the court
determines that the defendant has successfully complied with all of the
conditions of supervision, the court shall discharge the defendant and
enter a judgment dismissing the charges.
(f) Discharge and dismissal upon a successful conclusion of a
disposition of supervision shall be deemed without adjudication of guilt
and shall not be termed a conviction for purposes of disqualification or
disabilities imposed by law upon conviction of a crime. Two years after the
discharge and dismissal under this Section, unless the disposition of
supervision was for a violation of Sections 3‑707, 3‑708, 3‑710, 5‑401.3, or 11‑503 of the Illinois Vehicle Code or a similar
provision of a local ordinance, or for a violation of Sections 12‑3.2
or 16A‑3 of the Criminal Code of 1961, in which case it shall be 5
years after discharge and dismissal, a person may have his record
of arrest sealed or expunged as may be provided by law. However, any
defendant placed on supervision before January 1, 1980, may move for
sealing or expungement of his arrest record, as provided by law, at any
time after discharge and dismissal under this Section.
A person placed on supervision for a sexual offense committed against a minor
as defined in subsection (g) of Section 5 of the Criminal Identification Act
or for a violation of Section 11‑501 of the Illinois Vehicle Code or a
similar provision of a local ordinance
shall not have his or her record of arrest sealed or expunged.
(g) A defendant placed on supervision and who during the period of
supervision undergoes mandatory drug or alcohol testing, or both, or is
assigned to be placed on an approved electronic monitoring device, shall be
ordered to pay the costs incidental to such mandatory drug or alcohol
testing, or both, and costs incidental to such approved electronic
monitoring in accordance with the defendant's ability to pay those costs.
The county board with the concurrence of the Chief Judge of the judicial
circuit in which the county is located shall establish reasonable fees for
the cost of maintenance, testing, and incidental expenses related to the
mandatory drug or alcohol testing, or both, and all costs incidental to
approved electronic monitoring, of all defendants placed on supervision.
The concurrence of the Chief Judge shall be in the form of an
administrative order.
The fees shall be collected by the clerk of the circuit court. The clerk of
the circuit court shall pay all moneys collected from these fees to the county
treasurer who shall use the moneys collected to defray the costs of
drug testing, alcohol testing, and electronic monitoring.
The county treasurer shall deposit the fees collected in the
county working cash fund under Section 6‑27001 or Section 6‑29002 of the
Counties Code, as the case may be.
(h) A disposition of supervision is a final order for the purposes
of appeal.
(i) The court shall impose upon a defendant placed on supervision
after January 1, 1992 or to community service under the supervision of a
probation or court services department after January 1, 2004, as a condition
of supervision or supervised community service, a fee of $50 for
each month of supervision or supervised community service ordered by the
court, unless after
determining the inability of the person placed on supervision or supervised
community service to pay the
fee, the court assesses a lesser fee. The court may not impose the fee on a
minor who is made a ward of the State under the Juvenile Court Act of 1987
while the minor is in placement.
The fee shall be imposed only upon a
defendant who is actively supervised by the
probation and court services
department. The fee shall be collected by the clerk of the circuit court.
The clerk of the circuit court shall pay all monies collected from this fee
to the county treasurer for deposit in the probation and court services
fund pursuant to Section 15.1 of the Probation and
Probation Officers Act.
A circuit court may not impose a probation fee in excess of $25
per month unless: (1) the circuit court has adopted, by administrative
order issued by the chief judge, a standard probation fee guide
determining an offender's ability to pay, under guidelines developed by
the Administrative
Office of the Illinois Courts; and (2) the circuit court has authorized, by
administrative order issued by the chief judge, the creation of a Crime
Victim's Services Fund, to be administered by the Chief Judge or his or
her designee, for services to crime victims and their families. Of the
amount collected as a probation fee, not to exceed $5 of that fee
collected per month may be used to provide services to crime victims
and their families.
(j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a
similar provision of a local ordinance, and any violation of the Child
Passenger Protection Act, or a similar provision of a local ordinance, shall
be collected and disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
(k) A defendant at least 17 years of age who is placed on supervision
for a misdemeanor in a county of 3,000,000 or more inhabitants
and who has not been previously convicted of a misdemeanor or felony
may as a condition of his or her supervision be required by the court to
attend educational courses designed to prepare the defendant for a high school
diploma and to work toward a high school diploma or to work toward passing the
high school level Test of General Educational Development (GED) or to work
toward completing a vocational training program approved by the court. The
defendant placed on supervision must attend a public institution of education
to obtain the educational or vocational training required by this subsection
(k). The defendant placed on supervision shall be required to pay for the cost
of the educational courses or GED test, if a fee is charged for those courses
or test. The court shall revoke the supervision of a person who wilfully fails
to comply with this subsection (k). The court shall resentence the defendant
upon revocation of supervision as provided in Section 5‑6‑4. This subsection
(k) does not apply to a defendant who has a high school diploma or has
successfully passed the GED test. This subsection (k) does not apply to a
defendant who is determined by the court to be developmentally disabled or
otherwise mentally incapable of completing the
educational or vocational program.
(l) The court shall require a defendant placed on supervision for
possession of a substance
prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act
after a previous conviction or disposition of supervision for possession of a
substance prohibited by the Cannabis Control Act, the Illinois Controlled
Substances Act, or the Methamphetamine Control and Community Protection Act or a sentence of probation under Section 10 of the Cannabis
Control Act or Section 410 of the Illinois Controlled Substances Act
and after a finding by the court that the person is addicted, to undergo
treatment at a substance abuse program approved by the court.
(m) The Secretary of State shall require anyone placed on court supervision
for a
violation of Section 3‑707 of the Illinois Vehicle Code or a similar provision
of a local ordinance
to give proof of his or her financial
responsibility as
defined in Section 7‑315 of the Illinois Vehicle Code. The proof shall be
maintained by the individual in a manner satisfactory to the Secretary of State
for
a
minimum period of one year after the date the proof is first filed.
The proof shall be limited to a single action per arrest and may not be
affected by any post‑sentence disposition. The Secretary of State shall
suspend the driver's license of any person
determined by the Secretary to be in violation of this subsection.
(n) Any offender placed on supervision for any offense that the court or probation department has determined to be sexually motivated as defined in the Sex Offender Management Board Act shall be required to refrain from any contact, directly or indirectly, with any persons specified by the court and shall be available for all evaluations and treatment programs required by the court or the probation department.
(Source: P.A. 93‑475, eff. 8‑8‑03; 93‑970, eff. 8‑20‑04; 94‑556, eff. 9‑11‑05.)
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