Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1886 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0391
2	1		SB1886 EnrolledLRB103 27323 RLC 53694 b SB1886 Enrolled LRB103 27323 RLC 53694 b
3	2		SB1886 Enrolled LRB103 27323 RLC 53694 b
4		-	AN ACT concerning criminal law.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Unified Code of Corrections is amended by
8		-	changing Section 5-6-3 as follows:
9		-	(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
10		-	Sec. 5-6-3. Conditions of probation and of conditional
11		-	discharge.
12		-	(a) The conditions of probation and of conditional
13		-	discharge shall be that the person:
14		-	(1) not violate any criminal statute of any
15		-	jurisdiction;
16		-	(2) report to or appear in person before such person
17		-	or agency as directed by the court;
18		-	(3) refrain from possessing a firearm or other
19		-	dangerous weapon where the offense is a felony or, if a
20		-	misdemeanor, the offense involved the intentional or
21		-	knowing infliction of bodily harm or threat of bodily
22		-	harm;
23		-	(4) not leave the State without the consent of the
24		-	court or, in circumstances in which the reason for the
25		-	absence is of such an emergency nature that prior consent
26		-	by the court is not possible, without the prior
	3	+	1 AN ACT concerning criminal law.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Unified Code of Corrections is amended by
	7	+	5 changing Section 5-6-3 as follows:
	8	+	6 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
	9	+	7 Sec. 5-6-3. Conditions of probation and of conditional
	10	+	8 discharge.
	11	+	9 (a) The conditions of probation and of conditional
	12	+	10 discharge shall be that the person:
	13	+	11 (1) not violate any criminal statute of any
	14	+	12 jurisdiction;
	15	+	13 (2) report to or appear in person before such person
	16	+	14 or agency as directed by the court;
	17	+	15 (3) refrain from possessing a firearm or other
	18	+	16 dangerous weapon where the offense is a felony or, if a
	19	+	17 misdemeanor, the offense involved the intentional or
	20	+	18 knowing infliction of bodily harm or threat of bodily
	21	+	19 harm;
	22	+	20 (4) not leave the State without the consent of the
	23	+	21 court or, in circumstances in which the reason for the
	24	+	22 absence is of such an emergency nature that prior consent
	25	+	23 by the court is not possible, without the prior
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33		-	notification and approval of the person's probation
34		-	officer. Transfer of a person's probation or conditional
35		-	discharge supervision to another state is subject to
36		-	acceptance by the other state pursuant to the Interstate
37		-	Compact for Adult Offender Supervision;
38		-	(5) permit the probation officer to visit him at his
39		-	home or elsewhere to the extent necessary to discharge his
40		-	duties;
41		-	(6) perform no less than 30 hours of community service
42		-	and not more than 120 hours of community service, if
43		-	community service is available in the jurisdiction and is
44		-	funded and approved by the county board where the offense
45		-	was committed, where the offense was related to or in
46		-	furtherance of the criminal activities of an organized
47		-	gang and was motivated by the offender's membership in or
48		-	allegiance to an organized gang. The community service
49		-	shall include, but not be limited to, the cleanup and
50		-	repair of any damage caused by a violation of Section
51		-	21-1.3 of the Criminal Code of 1961 or the Criminal Code of
52		-	2012 and similar damage to property located within the
53		-	municipality or county in which the violation occurred.
54		-	When possible and reasonable, the community service should
55		-	be performed in the offender's neighborhood. For purposes
56		-	of this Section, "organized gang" has the meaning ascribed
57		-	to it in Section 10 of the Illinois Streetgang Terrorism
58		-	Omnibus Prevention Act. The court may give credit toward
	32	+	SB1886 Enrolled- 2 -LRB103 27323 RLC 53694 b SB1886 Enrolled - 2 - LRB103 27323 RLC 53694 b
	33	+	SB1886 Enrolled - 2 - LRB103 27323 RLC 53694 b
	34	+	1 notification and approval of the person's probation
	35	+	2 officer. Transfer of a person's probation or conditional
	36	+	3 discharge supervision to another state is subject to
	37	+	4 acceptance by the other state pursuant to the Interstate
	38	+	5 Compact for Adult Offender Supervision;
	39	+	6 (5) permit the probation officer to visit him at his
	40	+	7 home or elsewhere to the extent necessary to discharge his
	41	+	8 duties;
	42	+	9 (6) perform no less than 30 hours of community service
	43	+	10 and not more than 120 hours of community service, if
	44	+	11 community service is available in the jurisdiction and is
	45	+	12 funded and approved by the county board where the offense
	46	+	13 was committed, where the offense was related to or in
	47	+	14 furtherance of the criminal activities of an organized
	48	+	15 gang and was motivated by the offender's membership in or
	49	+	16 allegiance to an organized gang. The community service
	50	+	17 shall include, but not be limited to, the cleanup and
	51	+	18 repair of any damage caused by a violation of Section
	52	+	19 21-1.3 of the Criminal Code of 1961 or the Criminal Code of
	53	+	20 2012 and similar damage to property located within the
	54	+	21 municipality or county in which the violation occurred.
	55	+	22 When possible and reasonable, the community service should
	56	+	23 be performed in the offender's neighborhood. For purposes
	57	+	24 of this Section, "organized gang" has the meaning ascribed
	58	+	25 to it in Section 10 of the Illinois Streetgang Terrorism
	59	+	26 Omnibus Prevention Act. The court may give credit toward
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60	61
61		-	the fulfillment of community service hours for
62		-	participation in activities and treatment as determined by
63		-	court services;
64		-	(7) if he or she is at least 17 years of age and has
65		-	been sentenced to probation or conditional discharge for a
66		-	misdemeanor or felony in a county of 3,000,000 or more
67		-	inhabitants and has not been previously convicted of a
68		-	misdemeanor or felony, may be required by the sentencing
69		-	court to attend educational courses designed to prepare
70		-	the defendant for a high school diploma and to work toward
71		-	a high school diploma or to work toward passing high
72		-	school equivalency testing or to work toward completing a
73		-	vocational training program approved by the court. The
74		-	person on probation or conditional discharge must attend a
75		-	public institution of education to obtain the educational
76		-	or vocational training required by this paragraph (7). The
77		-	court shall revoke the probation or conditional discharge
78		-	of a person who willfully fails to comply with this
79		-	paragraph (7). The person on probation or conditional
80		-	discharge shall be required to pay for the cost of the
81		-	educational courses or high school equivalency testing if
82		-	a fee is charged for those courses or testing. The court
83		-	shall resentence the offender whose probation or
84		-	conditional discharge has been revoked as provided in
85		-	Section 5-6-4. This paragraph (7) does not apply to a
86		-	person who has a high school diploma or has successfully
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88	63
89		-	passed high school equivalency testing. This paragraph (7)
90		-	does not apply to a person who is determined by the court
91		-	to be a person with a developmental disability or
92		-	otherwise mentally incapable of completing the educational
93		-	or vocational program;
94		-	(8) if convicted of possession of a substance
95		-	prohibited by the Cannabis Control Act, the Illinois
96		-	Controlled Substances Act, or the Methamphetamine Control
97		-	and Community Protection Act after a previous conviction
98		-	or disposition of supervision for possession of a
99		-	substance prohibited by the Cannabis Control Act or
100		-	Illinois Controlled Substances Act or after a sentence of
101		-	probation under Section 10 of the Cannabis Control Act,
102		-	Section 410 of the Illinois Controlled Substances Act, or
103		-	Section 70 of the Methamphetamine Control and Community
104		-	Protection Act and upon a finding by the court that the
105		-	person is addicted, undergo treatment at a substance abuse
106		-	program approved by the court;
107		-	(8.5) if convicted of a felony sex offense as defined
108		-	in the Sex Offender Management Board Act, the person shall
109		-	undergo and successfully complete sex offender treatment
110		-	by a treatment provider approved by the Board and
111		-	conducted in conformance with the standards developed
112		-	under the Sex Offender Management Board Act;
113		-	(8.6) if convicted of a sex offense as defined in the
114		-	Sex Offender Management Board Act, refrain from residing
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117		-	at the same address or in the same condominium unit or
118		-	apartment unit or in the same condominium complex or
119		-	apartment complex with another person he or she knows or
120		-	reasonably should know is a convicted sex offender or has
121		-	been placed on supervision for a sex offense; the
122		-	provisions of this paragraph do not apply to a person
123		-	convicted of a sex offense who is placed in a Department of
124		-	Corrections licensed transitional housing facility for sex
125		-	offenders;
126		-	(8.7) if convicted for an offense committed on or
127		-	after June 1, 2008 (the effective date of Public Act
128		-	95-464) that would qualify the accused as a child sex
129		-	offender as defined in Section 11-9.3 or 11-9.4 of the
130		-	Criminal Code of 1961 or the Criminal Code of 2012,
131		-	refrain from communicating with or contacting, by means of
132		-	the Internet, a person who is not related to the accused
133		-	and whom the accused reasonably believes to be under 18
134		-	years of age; for purposes of this paragraph (8.7),
135		-	"Internet" has the meaning ascribed to it in Section
136		-	16-0.1 of the Criminal Code of 2012; and a person is not
137		-	related to the accused if the person is not: (i) the
138		-	spouse, brother, or sister of the accused; (ii) a
139		-	descendant of the accused; (iii) a first or second cousin
140		-	of the accused; or (iv) a step-child or adopted child of
141		-	the accused;
142		-	(8.8) if convicted for an offense under Section 11-6,
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	70	+	1 the fulfillment of community service hours for
	71	+	2 participation in activities and treatment as determined by
	72	+	3 court services;
	73	+	4 (7) if he or she is at least 17 years of age and has
	74	+	5 been sentenced to probation or conditional discharge for a
	75	+	6 misdemeanor or felony in a county of 3,000,000 or more
	76	+	7 inhabitants and has not been previously convicted of a
	77	+	8 misdemeanor or felony, may be required by the sentencing
	78	+	9 court to attend educational courses designed to prepare
	79	+	10 the defendant for a high school diploma and to work toward
	80	+	11 a high school diploma or to work toward passing high
	81	+	12 school equivalency testing or to work toward completing a
	82	+	13 vocational training program approved by the court. The
	83	+	14 person on probation or conditional discharge must attend a
	84	+	15 public institution of education to obtain the educational
	85	+	16 or vocational training required by this paragraph (7). The
	86	+	17 court shall revoke the probation or conditional discharge
	87	+	18 of a person who willfully fails to comply with this
	88	+	19 paragraph (7). The person on probation or conditional
	89	+	20 discharge shall be required to pay for the cost of the
	90	+	21 educational courses or high school equivalency testing if
	91	+	22 a fee is charged for those courses or testing. The court
	92	+	23 shall resentence the offender whose probation or
	93	+	24 conditional discharge has been revoked as provided in
	94	+	25 Section 5-6-4. This paragraph (7) does not apply to a
	95	+	26 person who has a high school diploma or has successfully
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145		-	11-9.1, 11-14.4 that involves soliciting for a juvenile
146		-	prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
147		-	of the Criminal Code of 1961 or the Criminal Code of 2012,
148		-	or any attempt to commit any of these offenses, committed
149		-	on or after June 1, 2009 (the effective date of Public Act
150		-	95-983):
151		-	(i) not access or use a computer or any other
152		-	device with Internet capability without the prior
153		-	written approval of the offender's probation officer,
154		-	except in connection with the offender's employment or
155		-	search for employment with the prior approval of the
156		-	offender's probation officer;
157		-	(ii) submit to periodic unannounced examinations
158		-	of the offender's computer or any other device with
159		-	Internet capability by the offender's probation
160		-	officer, a law enforcement officer, or assigned
161		-	computer or information technology specialist,
162		-	including the retrieval and copying of all data from
163		-	the computer or device and any internal or external
164		-	peripherals and removal of such information,
165		-	equipment, or device to conduct a more thorough
166		-	inspection;
167		-	(iii) submit to the installation on the offender's
168		-	computer or device with Internet capability, at the
169		-	offender's expense, of one or more hardware or
170		-	software systems to monitor the Internet use; and
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173		-	(iv) submit to any other appropriate restrictions
174		-	concerning the offender's use of or access to a
175		-	computer or any other device with Internet capability
176		-	imposed by the offender's probation officer;
177		-	(8.9) if convicted of a sex offense as defined in the
178		-	Sex Offender Registration Act committed on or after
179		-	January 1, 2010 (the effective date of Public Act 96-262),
180		-	refrain from accessing or using a social networking
181		-	website as defined in Section 17-0.5 of the Criminal Code
182		-	of 2012;
183		-	(9) if convicted of a felony or of any misdemeanor
184		-	violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
185		-	12-3.5 of the Criminal Code of 1961 or the Criminal Code of
186		-	2012 that was determined, pursuant to Section 112A-11.1 of
187		-	the Code of Criminal Procedure of 1963, to trigger the
188		-	prohibitions of 18 U.S.C. 922(g)(9), physically surrender
189		-	at a time and place designated by the court, his or her
190		-	Firearm Owner's Identification Card and any and all
191		-	firearms in his or her possession. The Court shall return
192		-	to the Illinois State Police Firearm Owner's
193		-	Identification Card Office the person's Firearm Owner's
194		-	Identification Card;
195		-	(10) if convicted of a sex offense as defined in
196		-	subsection (a-5) of Section 3-1-2 of this Code, unless the
197		-	offender is a parent or guardian of the person under 18
198		-	years of age present in the home and no non-familial
	100	+
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199	102
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201		-	minors are present, not participate in a holiday event
202		-	involving children under 18 years of age, such as
203		-	distributing candy or other items to children on
204		-	Halloween, wearing a Santa Claus costume on or preceding
205		-	Christmas, being employed as a department store Santa
206		-	Claus, or wearing an Easter Bunny costume on or preceding
207		-	Easter;
208		-	(11) if convicted of a sex offense as defined in
209		-	Section 2 of the Sex Offender Registration Act committed
210		-	on or after January 1, 2010 (the effective date of Public
211		-	Act 96-362) that requires the person to register as a sex
212		-	offender under that Act, may not knowingly use any
213		-	computer scrub software on any computer that the sex
214		-	offender uses;
215		-	(12) if convicted of a violation of the
216		-	Methamphetamine Control and Community Protection Act, the
217		-	Methamphetamine Precursor Control Act, or a
218		-	methamphetamine related offense:
219		-	(A) prohibited from purchasing, possessing, or
220		-	having under his or her control any product containing
221		-	pseudoephedrine unless prescribed by a physician; and
222		-	(B) prohibited from purchasing, possessing, or
223		-	having under his or her control any product containing
224		-	ammonium nitrate; and
225		-	(13) if convicted of a hate crime involving the
226		-	protected class identified in subsection (a) of Section
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	106	+	1 passed high school equivalency testing. This paragraph (7)
	107	+	2 does not apply to a person who is determined by the court
	108	+	3 to be a person with a developmental disability or
	109	+	4 otherwise mentally incapable of completing the educational
	110	+	5 or vocational program;
	111	+	6 (8) if convicted of possession of a substance
	112	+	7 prohibited by the Cannabis Control Act, the Illinois
	113	+	8 Controlled Substances Act, or the Methamphetamine Control
	114	+	9 and Community Protection Act after a previous conviction
	115	+	10 or disposition of supervision for possession of a
	116	+	11 substance prohibited by the Cannabis Control Act or
	117	+	12 Illinois Controlled Substances Act or after a sentence of
	118	+	13 probation under Section 10 of the Cannabis Control Act,
	119	+	14 Section 410 of the Illinois Controlled Substances Act, or
	120	+	15 Section 70 of the Methamphetamine Control and Community
	121	+	16 Protection Act and upon a finding by the court that the
	122	+	17 person is addicted, undergo treatment at a substance abuse
	123	+	18 program approved by the court;
	124	+	19 (8.5) if convicted of a felony sex offense as defined
	125	+	20 in the Sex Offender Management Board Act, the person shall
	126	+	21 undergo and successfully complete sex offender treatment
	127	+	22 by a treatment provider approved by the Board and
	128	+	23 conducted in conformance with the standards developed
	129	+	24 under the Sex Offender Management Board Act;
	130	+	25 (8.6) if convicted of a sex offense as defined in the
	131	+	26 Sex Offender Management Board Act, refrain from residing
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229		-	12-7.1 of the Criminal Code of 2012 that gave rise to the
230		-	offense the offender committed, perform public or
231		-	community service of no less than 200 hours and enroll in
232		-	an educational program discouraging hate crimes that
233		-	includes racial, ethnic, and cultural sensitivity training
234		-	ordered by the court.
235		-	(b) The Court may in addition to other reasonable
236		-	conditions relating to the nature of the offense or the
237		-	rehabilitation of the defendant as determined for each
238		-	defendant in the proper discretion of the Court require that
239		-	the person:
240		-	(1) serve a term of periodic imprisonment under
241		-	Article 7 for a period not to exceed that specified in
242		-	paragraph (d) of Section 5-7-1;
243		-	(2) pay a fine and costs;
244		-	(3) work or pursue a course of study or vocational
245		-	training;
246		-	(4) undergo medical, psychological or psychiatric
247		-	treatment; or treatment for drug addiction or alcoholism;
248		-	(5) attend or reside in a facility established for the
249		-	instruction or residence of defendants on probation;
250		-	(6) support his dependents;
251		-	(7) and in addition, if a minor:
252		-	(i) reside with his parents or in a foster home;
253		-	(ii) attend school;
254		-	(iii) attend a non-residential program for youth;
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256	135
257		-	(iv) contribute to his own support at home or in a
258		-	foster home;
259		-	(v) with the consent of the superintendent of the
260		-	facility, attend an educational program at a facility
261		-	other than the school in which the offense was
262		-	committed if he or she is convicted of a crime of
263		-	violence as defined in Section 2 of the Crime Victims
264		-	Compensation Act committed in a school, on the real
265		-	property comprising a school, or within 1,000 feet of
266		-	the real property comprising a school;
267		-	(8) make restitution as provided in Section 5-5-6 of
268		-	this Code;
269		-	(9) perform some reasonable public or community
270		-	service;
271		-	(10) serve a term of home confinement. In addition to
272		-	any other applicable condition of probation or conditional
273		-	discharge, the conditions of home confinement shall be
274		-	that the offender:
275		-	(i) remain within the interior premises of the
276		-	place designated for his confinement during the hours
277		-	designated by the court;
278		-	(ii) admit any person or agent designated by the
279		-	court into the offender's place of confinement at any
280		-	time for purposes of verifying the offender's
281		-	compliance with the conditions of his confinement; and
282		-	(iii) if further deemed necessary by the court or
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285		-	the Probation or Court Services Department, be placed
286		-	on an approved electronic monitoring device, subject
287		-	to Article 8A of Chapter V;
288		-	(iv) for persons convicted of any alcohol,
289		-	cannabis or controlled substance violation who are
290		-	placed on an approved monitoring device as a condition
291		-	of probation or conditional discharge, the court shall
292		-	impose a reasonable fee for each day of the use of the
293		-	device, as established by the county board in
294		-	subsection (g) of this Section, unless after
295		-	determining the inability of the offender to pay the
296		-	fee, the court assesses a lesser fee or no fee as the
297		-	case may be. This fee shall be imposed in addition to
298		-	the fees imposed under subsections (g) and (i) of this
299		-	Section. The fee shall be collected by the clerk of the
300		-	circuit court, except as provided in an administrative
301		-	order of the Chief Judge of the circuit court. The
302		-	clerk of the circuit court shall pay all monies
303		-	collected from this fee to the county treasurer for
304		-	deposit in the substance abuse services fund under
305		-	Section 5-1086.1 of the Counties Code, except as
306		-	provided in an administrative order of the Chief Judge
307		-	of the circuit court.
308		-	The Chief Judge of the circuit court of the county
309		-	may by administrative order establish a program for
310		-	electronic monitoring of offenders, in which a vendor
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	142	+	1 at the same address or in the same condominium unit or
	143	+	2 apartment unit or in the same condominium complex or
	144	+	3 apartment complex with another person he or she knows or
	145	+	4 reasonably should know is a convicted sex offender or has
	146	+	5 been placed on supervision for a sex offense; the
	147	+	6 provisions of this paragraph do not apply to a person
	148	+	7 convicted of a sex offense who is placed in a Department of
	149	+	8 Corrections licensed transitional housing facility for sex
	150	+	9 offenders;
	151	+	10 (8.7) if convicted for an offense committed on or
	152	+	11 after June 1, 2008 (the effective date of Public Act
	153	+	12 95-464) that would qualify the accused as a child sex
	154	+	13 offender as defined in Section 11-9.3 or 11-9.4 of the
	155	+	14 Criminal Code of 1961 or the Criminal Code of 2012,
	156	+	15 refrain from communicating with or contacting, by means of
	157	+	16 the Internet, a person who is not related to the accused
	158	+	17 and whom the accused reasonably believes to be under 18
	159	+	18 years of age; for purposes of this paragraph (8.7),
	160	+	19 "Internet" has the meaning ascribed to it in Section
	161	+	20 16-0.1 of the Criminal Code of 2012; and a person is not
	162	+	21 related to the accused if the person is not: (i) the
	163	+	22 spouse, brother, or sister of the accused; (ii) a
	164	+	23 descendant of the accused; (iii) a first or second cousin
	165	+	24 of the accused; or (iv) a step-child or adopted child of
	166	+	25 the accused;
	167	+	26 (8.8) if convicted for an offense under Section 11-6,
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312	169
313		-	supplies and monitors the operation of the electronic
314		-	monitoring device, and collects the fees on behalf of
315		-	the county. The program shall include provisions for
316		-	indigent offenders and the collection of unpaid fees.
317		-	The program shall not unduly burden the offender and
318		-	shall be subject to review by the Chief Judge.
319		-	The Chief Judge of the circuit court may suspend
320		-	any additional charges or fees for late payment,
321		-	interest, or damage to any device; and
322		-	(v) for persons convicted of offenses other than
323		-	those referenced in clause (iv) above and who are
324		-	placed on an approved monitoring device as a condition
325		-	of probation or conditional discharge, the court shall
326		-	impose a reasonable fee for each day of the use of the
327		-	device, as established by the county board in
328		-	subsection (g) of this Section, unless after
329		-	determining the inability of the defendant to pay the
330		-	fee, the court assesses a lesser fee or no fee as the
331		-	case may be. This fee shall be imposed in addition to
332		-	the fees imposed under subsections (g) and (i) of this
333		-	Section. The fee shall be collected by the clerk of the
334		-	circuit court, except as provided in an administrative
335		-	order of the Chief Judge of the circuit court. The
336		-	clerk of the circuit court shall pay all monies
337		-	collected from this fee to the county treasurer who
338		-	shall use the monies collected to defray the costs of
339	170
340	171
341		-	corrections. The county treasurer shall deposit the
342		-	fee collected in the probation and court services
343		-	fund. The Chief Judge of the circuit court of the
344		-	county may by administrative order establish a program
345		-	for electronic monitoring of offenders, in which a
346		-	vendor supplies and monitors the operation of the
347		-	electronic monitoring device, and collects the fees on
348		-	behalf of the county. The program shall include
349		-	provisions for indigent offenders and the collection
350		-	of unpaid fees. The program shall not unduly burden
351		-	the offender and shall be subject to review by the
352		-	Chief Judge.
353		-	The Chief Judge of the circuit court may suspend
354		-	any additional charges or fees for late payment,
355		-	interest, or damage to any device.
356		-	(11) comply with the terms and conditions of an order
357		-	of protection issued by the court pursuant to the Illinois
358		-	Domestic Violence Act of 1986, as now or hereafter
359		-	amended, or an order of protection issued by the court of
360		-	another state, tribe, or United States territory. A copy
361		-	of the order of protection shall be transmitted to the
362		-	probation officer or agency having responsibility for the
363		-	case;
364		-	(12) reimburse any "local anti-crime program" as
365		-	defined in Section 7 of the Anti-Crime Advisory Council
366		-	Act for any reasonable expenses incurred by the program on
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367	174
368	175
369		-	the offender's case, not to exceed the maximum amount of
370		-	the fine authorized for the offense for which the
371		-	defendant was sentenced;
372		-	(13) contribute a reasonable sum of money, not to
373		-	exceed the maximum amount of the fine authorized for the
374		-	offense for which the defendant was sentenced, (i) to a
375		-	"local anti-crime program", as defined in Section 7 of the
376		-	Anti-Crime Advisory Council Act, or (ii) for offenses
377		-	under the jurisdiction of the Department of Natural
378		-	Resources, to the fund established by the Department of
379		-	Natural Resources for the purchase of evidence for
380		-	investigation purposes and to conduct investigations as
381		-	outlined in Section 805-105 of the Department of Natural
382		-	Resources (Conservation) Law;
383		-	(14) refrain from entering into a designated
384		-	geographic area except upon such terms as the court finds
385		-	appropriate. Such terms may include consideration of the
386		-	purpose of the entry, the time of day, other persons
387		-	accompanying the defendant, and advance approval by a
388		-	probation officer, if the defendant has been placed on
389		-	probation or advance approval by the court, if the
390		-	defendant was placed on conditional discharge;
391		-	(15) refrain from having any contact, directly or
392		-	indirectly, with certain specified persons or particular
393		-	types of persons, including but not limited to members of
394		-	street gangs and drug users or dealers;
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	178	+	1 11-9.1, 11-14.4 that involves soliciting for a juvenile
	179	+	2 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
	180	+	3 of the Criminal Code of 1961 or the Criminal Code of 2012,
	181	+	4 or any attempt to commit any of these offenses, committed
	182	+	5 on or after June 1, 2009 (the effective date of Public Act
	183	+	6 95-983):
	184	+	7 (i) not access or use a computer or any other
	185	+	8 device with Internet capability without the prior
	186	+	9 written approval of the offender's probation officer,
	187	+	10 except in connection with the offender's employment or
	188	+	11 search for employment with the prior approval of the
	189	+	12 offender's probation officer;
	190	+	13 (ii) submit to periodic unannounced examinations
	191	+	14 of the offender's computer or any other device with
	192	+	15 Internet capability by the offender's probation
	193	+	16 officer, a law enforcement officer, or assigned
	194	+	17 computer or information technology specialist,
	195	+	18 including the retrieval and copying of all data from
	196	+	19 the computer or device and any internal or external
	197	+	20 peripherals and removal of such information,
	198	+	21 equipment, or device to conduct a more thorough
	199	+	22 inspection;
	200	+	23 (iii) submit to the installation on the offender's
	201	+	24 computer or device with Internet capability, at the
	202	+	25 offender's expense, of one or more hardware or
	203	+	26 software systems to monitor the Internet use; and
395	204
396	205
397		-	(16) refrain from having in his or her body the
398		-	presence of any illicit drug prohibited by the Cannabis
399		-	Control Act, the Illinois Controlled Substances Act, or
400		-	the Methamphetamine Control and Community Protection Act,
401		-	unless prescribed by a physician, and submit samples of
402		-	his or her blood or urine or both for tests to determine
403		-	the presence of any illicit drug;
404		-	(17) if convicted for an offense committed on or after
405		-	June 1, 2008 (the effective date of Public Act 95-464)
406		-	that would qualify the accused as a child sex offender as
407		-	defined in Section 11-9.3 or 11-9.4 of the Criminal Code
408		-	of 1961 or the Criminal Code of 2012, refrain from
409		-	communicating with or contacting, by means of the
410		-	Internet, a person who is related to the accused and whom
411		-	the accused reasonably believes to be under 18 years of
412		-	age; for purposes of this paragraph (17), "Internet" has
413		-	the meaning ascribed to it in Section 16-0.1 of the
414		-	Criminal Code of 2012; and a person is related to the
415		-	accused if the person is: (i) the spouse, brother, or
416		-	sister of the accused; (ii) a descendant of the accused;
417		-	(iii) a first or second cousin of the accused; or (iv) a
418		-	step-child or adopted child of the accused;
419		-	(18) if convicted for an offense committed on or after
420		-	June 1, 2009 (the effective date of Public Act 95-983)
421		-	that would qualify as a sex offense as defined in the Sex
422		-	Offender Registration Act:
423	206
424	207
425		-	(i) not access or use a computer or any other
426		-	device with Internet capability without the prior
427		-	written approval of the offender's probation officer,
428		-	except in connection with the offender's employment or
429		-	search for employment with the prior approval of the
430		-	offender's probation officer;
431		-	(ii) submit to periodic unannounced examinations
432		-	of the offender's computer or any other device with
433		-	Internet capability by the offender's probation
434		-	officer, a law enforcement officer, or assigned
435		-	computer or information technology specialist,
436		-	including the retrieval and copying of all data from
437		-	the computer or device and any internal or external
438		-	peripherals and removal of such information,
439		-	equipment, or device to conduct a more thorough
440		-	inspection;
441		-	(iii) submit to the installation on the offender's
442		-	computer or device with Internet capability, at the
443		-	subject's expense, of one or more hardware or software
444		-	systems to monitor the Internet use; and
445		-	(iv) submit to any other appropriate restrictions
446		-	concerning the offender's use of or access to a
447		-	computer or any other device with Internet capability
448		-	imposed by the offender's probation officer; and
449		-	(19) refrain from possessing a firearm or other
450		-	dangerous weapon where the offense is a misdemeanor that
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452	211
453		-	did not involve the intentional or knowing infliction of
454		-	bodily harm or threat of bodily harm.
455		-	(c) The court may as a condition of probation or of
456		-	conditional discharge require that a person under 18 years of
457		-	age found guilty of any alcohol, cannabis or controlled
458		-	substance violation, refrain from acquiring a driver's license
459		-	during the period of probation or conditional discharge. If
460		-	such person is in possession of a permit or license, the court
461		-	may require that the minor refrain from driving or operating
462		-	any motor vehicle during the period of probation or
463		-	conditional discharge, except as may be necessary in the
464		-	course of the minor's lawful employment.
465		-	(d) An offender sentenced to probation or to conditional
466		-	discharge shall be given a certificate setting forth the
467		-	conditions thereof.
468		-	(e) Except where the offender has committed a fourth or
469		-	subsequent violation of subsection (c) of Section 6-303 of the
470		-	Illinois Vehicle Code, the court shall not require as a
471		-	condition of the sentence of probation or conditional
472		-	discharge that the offender be committed to a period of
473		-	imprisonment in excess of 6 months. This 6-month limit shall
474		-	not include periods of confinement given pursuant to a
475		-	sentence of county impact incarceration under Section 5-8-1.2.
476		-	Persons committed to imprisonment as a condition of
477		-	probation or conditional discharge shall not be committed to
478		-	the Department of Corrections.
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	214	+	1 (iv) submit to any other appropriate restrictions
	215	+	2 concerning the offender's use of or access to a
	216	+	3 computer or any other device with Internet capability
	217	+	4 imposed by the offender's probation officer;
	218	+	5 (8.9) if convicted of a sex offense as defined in the
	219	+	6 Sex Offender Registration Act committed on or after
	220	+	7 January 1, 2010 (the effective date of Public Act 96-262),
	221	+	8 refrain from accessing or using a social networking
	222	+	9 website as defined in Section 17-0.5 of the Criminal Code
	223	+	10 of 2012;
	224	+	11 (9) if convicted of a felony or of any misdemeanor
	225	+	12 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
	226	+	13 12-3.5 of the Criminal Code of 1961 or the Criminal Code of
	227	+	14 2012 that was determined, pursuant to Section 112A-11.1 of
	228	+	15 the Code of Criminal Procedure of 1963, to trigger the
	229	+	16 prohibitions of 18 U.S.C. 922(g)(9), physically surrender
	230	+	17 at a time and place designated by the court, his or her
	231	+	18 Firearm Owner's Identification Card and any and all
	232	+	19 firearms in his or her possession. The Court shall return
	233	+	20 to the Illinois State Police Firearm Owner's
	234	+	21 Identification Card Office the person's Firearm Owner's
	235	+	22 Identification Card;
	236	+	23 (10) if convicted of a sex offense as defined in
	237	+	24 subsection (a-5) of Section 3-1-2 of this Code, unless the
	238	+	25 offender is a parent or guardian of the person under 18
	239	+	26 years of age present in the home and no non-familial
479	240
480	241
481		-	(f) The court may combine a sentence of periodic
482		-	imprisonment under Article 7 or a sentence to a county impact
483		-	incarceration program under Article 8 with a sentence of
484		-	probation or conditional discharge.
485		-	(g) An offender sentenced to probation or to conditional
486		-	discharge and who during the term of either undergoes
487		-	mandatory drug or alcohol testing, or both, or is assigned to
488		-	be placed on an approved electronic monitoring device, shall
489		-	be ordered to pay all costs incidental to such mandatory drug
490		-	or alcohol testing, or both, and all costs incidental to such
491		-	approved electronic monitoring in accordance with the
492		-	defendant's ability to pay those costs. The county board with
493		-	the concurrence of the Chief Judge of the judicial circuit in
494		-	which the county is located shall establish reasonable fees
495		-	for the cost of maintenance, testing, and incidental expenses
496		-	related to the mandatory drug or alcohol testing, or both, and
497		-	all costs incidental to approved electronic monitoring,
498		-	involved in a successful probation program for the county. The
499		-	concurrence of the Chief Judge shall be in the form of an
500		-	administrative order. The fees shall be collected by the clerk
501		-	of the circuit court, except as provided in an administrative
502		-	order of the Chief Judge of the circuit court. The clerk of the
503		-	circuit court shall pay all moneys collected from these fees
504		-	to the county treasurer who shall use the moneys collected to
505		-	defray the costs of drug testing, alcohol testing, and
506		-	electronic monitoring. The county treasurer shall deposit the
507	242
508	243
509		-	fees collected in the county working cash fund under Section
510		-	6-27001 or Section 6-29002 of the Counties Code, as the case
511		-	may be. The Chief Judge of the circuit court of the county may
512		-	by administrative order establish a program for electronic
513		-	monitoring of offenders, in which a vendor supplies and
514		-	monitors the operation of the electronic monitoring device,
515		-	and collects the fees on behalf of the county. The program
516		-	shall include provisions for indigent offenders and the
517		-	collection of unpaid fees. The program shall not unduly burden
518		-	the offender and shall be subject to review by the Chief Judge.
519		-	A person shall not be assessed costs or fees for mandatory
520		-	testing for drugs, alcohol, or both, if the person is an
521		-	indigent person as defined in paragraph (2) of subsection (a)
522		-	of Section 5-105 of the Code of Civil Procedure.
523		-	The Chief Judge of the circuit court may suspend any
524		-	additional charges or fees for late payment, interest, or
525		-	damage to any device.
526		-	(h) Jurisdiction over an offender may be transferred from
527		-	the sentencing court to the court of another circuit with the
528		-	concurrence of both courts. Further transfers or retransfers
529		-	of jurisdiction are also authorized in the same manner. The
530		-	court to which jurisdiction has been transferred shall have
531		-	the same powers as the sentencing court. The probation
532		-	department within the circuit to which jurisdiction has been
533		-	transferred, or which has agreed to provide supervision, may
534		-	impose probation fees upon receiving the transferred offender,
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535	246
536	247
537		-	as provided in subsection (i). For all transfer cases, as
538		-	defined in Section 9b of the Probation and Probation Officers
539		-	Act, the probation department from the original sentencing
540		-	court shall retain all probation fees collected prior to the
541		-	transfer. After the transfer, all probation fees shall be paid
542		-	to the probation department within the circuit to which
543		-	jurisdiction has been transferred.
544		-	(i) The court shall impose upon an offender sentenced to
545		-	probation after January 1, 1989 or to conditional discharge
546		-	after January 1, 1992 or to community service under the
547		-	supervision of a probation or court services department after
548		-	January 1, 2004, as a condition of such probation or
549		-	conditional discharge or supervised community service, a fee
550		-	of $50 for each month of probation or conditional discharge
551		-	supervision or supervised community service ordered by the
552		-	court, unless after determining the inability of the person
553		-	sentenced to probation or conditional discharge or supervised
554		-	community service to pay the fee, the court assesses a lesser
555		-	fee. The court may not impose the fee on a minor who is placed
556		-	in the guardianship or custody of the Department of Children
557		-	and Family Services under the Juvenile Court Act of 1987 while
558		-	the minor is in placement. The fee shall be imposed only upon
559		-	an offender who is actively supervised by the probation and
560		-	court services department. The fee shall be collected by the
561		-	clerk of the circuit court. The clerk of the circuit court
562		-	shall pay all monies collected from this fee to the county
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	250	+	1 minors are present, not participate in a holiday event
	251	+	2 involving children under 18 years of age, such as
	252	+	3 distributing candy or other items to children on
	253	+	4 Halloween, wearing a Santa Claus costume on or preceding
	254	+	5 Christmas, being employed as a department store Santa
	255	+	6 Claus, or wearing an Easter Bunny costume on or preceding
	256	+	7 Easter;
	257	+	8 (11) if convicted of a sex offense as defined in
	258	+	9 Section 2 of the Sex Offender Registration Act committed
	259	+	10 on or after January 1, 2010 (the effective date of Public
	260	+	11 Act 96-362) that requires the person to register as a sex
	261	+	12 offender under that Act, may not knowingly use any
	262	+	13 computer scrub software on any computer that the sex
	263	+	14 offender uses;
	264	+	15 (12) if convicted of a violation of the
	265	+	16 Methamphetamine Control and Community Protection Act, the
	266	+	17 Methamphetamine Precursor Control Act, or a
	267	+	18 methamphetamine related offense:
	268	+	19 (A) prohibited from purchasing, possessing, or
	269	+	20 having under his or her control any product containing
	270	+	21 pseudoephedrine unless prescribed by a physician; and
	271	+	22 (B) prohibited from purchasing, possessing, or
	272	+	23 having under his or her control any product containing
	273	+	24 ammonium nitrate; and
	274	+	25 (13) if convicted of a hate crime involving the
	275	+	26 protected class identified in subsection (a) of Section
563	276
564	277
565		-	treasurer for deposit in the probation and court services fund
566		-	under Section 15.1 of the Probation and Probation Officers
567		-	Act.
568		-	A circuit court may not impose a probation fee under this
569		-	subsection (i) in excess of $25 per month unless the circuit
570		-	court has adopted, by administrative order issued by the chief
571		-	judge, a standard probation fee guide determining an
572		-	offender's ability to pay. Of the amount collected as a
573		-	probation fee, up to $5 of that fee collected per month may be
574		-	used to provide services to crime victims and their families.
575		-	The Court may only waive probation fees based on an
576		-	offender's ability to pay. The probation department may
577		-	re-evaluate an offender's ability to pay every 6 months, and,
578		-	with the approval of the Director of Court Services or the
579		-	Chief Probation Officer, adjust the monthly fee amount. An
580		-	offender may elect to pay probation fees due in a lump sum. Any
581		-	offender that has been assigned to the supervision of a
582		-	probation department, or has been transferred either under
583		-	subsection (h) of this Section or under any interstate
584		-	compact, shall be required to pay probation fees to the
585		-	department supervising the offender, based on the offender's
586		-	ability to pay.
587		-	Public Act 93-970 deletes the $10 increase in the fee
588		-	under this subsection that was imposed by Public Act 93-616.
589		-	This deletion is intended to control over any other Act of the
590		-	93rd General Assembly that retains or incorporates that fee
591	278
592	279
593		-	increase.
594		-	(i-5) In addition to the fees imposed under subsection (i)
595		-	of this Section, in the case of an offender convicted of a
596		-	felony sex offense (as defined in the Sex Offender Management
597		-	Board Act) or an offense that the court or probation
598		-	department has determined to be sexually motivated (as defined
599		-	in the Sex Offender Management Board Act), the court or the
600		-	probation department shall assess additional fees to pay for
601		-	all costs of treatment, assessment, evaluation for risk and
602		-	treatment, and monitoring the offender, based on that
603		-	offender's ability to pay those costs either as they occur or
604		-	under a payment plan.
605		-	(j) All fines and costs imposed under this Section for any
606		-	violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
607		-	Code, or a similar provision of a local ordinance, and any
608		-	violation of the Child Passenger Protection Act, or a similar
609		-	provision of a local ordinance, shall be collected and
610		-	disbursed by the circuit clerk as provided under the Criminal
611		-	and Traffic Assessment Act.
612		-	(k) Any offender who is sentenced to probation or
613		-	conditional discharge for a felony sex offense as defined in
614		-	the Sex Offender Management Board Act or any offense that the
615		-	court or probation department has determined to be sexually
616		-	motivated as defined in the Sex Offender Management Board Act
617		-	shall be required to refrain from any contact, directly or
618		-	indirectly, with any persons specified by the court and shall
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620	283
621		-	be available for all evaluations and treatment programs
622		-	required by the court or the probation department.
623		-	(l) The court may order an offender who is sentenced to
624		-	probation or conditional discharge for a violation of an order
625		-	of protection be placed under electronic surveillance as
626		-	provided in Section 5-8A-7 of this Code.
627		-	(m) A person on probation, conditional discharge, or
628		-	supervision shall not be ordered to refrain from having
629		-	cannabis or alcohol in his or her body unless:
630		-	(1) the person is under 21 years old;
631		-	(2) the person was sentenced to probation, conditional
632		-	discharge, or supervision for an offense which had as an
633		-	element of the offense the presence of an intoxicating
634		-	compound in the person's body;
635		-	(3) the person is participating in a problem-solving
636		-	court certified by the Illinois Supreme Court;
637		-	(4) the person has undergone a validated clinical
638		-	assessment and the clinical treatment plan includes
639		-	alcohol or cannabis testing; or
640		-	(5) a court ordered evaluation recommends that the
641		-	person refrain from using alcohol or cannabis, provided
642		-	the evaluation is a validated clinical assessment and the
643		-	recommendation originates from a clinical treatment plan.
644		-	If the court has made findings that alcohol use was a
645		-	contributing factor in the commission of the underlying
646		-	offense, the court may order a person on probation,
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	286	+	1 12-7.1 of the Criminal Code of 2012 that gave rise to the
	287	+	2 offense the offender committed, perform public or
	288	+	3 community service of no less than 200 hours and enroll in
	289	+	4 an educational program discouraging hate crimes that
	290	+	5 includes racial, ethnic, and cultural sensitivity training
	291	+	6 ordered by the court.
	292	+	7 (b) The Court may in addition to other reasonable
	293	+	8 conditions relating to the nature of the offense or the
	294	+	9 rehabilitation of the defendant as determined for each
	295	+	10 defendant in the proper discretion of the Court require that
	296	+	11 the person:
	297	+	12 (1) serve a term of periodic imprisonment under
	298	+	13 Article 7 for a period not to exceed that specified in
	299	+	14 paragraph (d) of Section 5-7-1;
	300	+	15 (2) pay a fine and costs;
	301	+	16 (3) work or pursue a course of study or vocational
	302	+	17 training;
	303	+	18 (4) undergo medical, psychological or psychiatric
	304	+	19 treatment; or treatment for drug addiction or alcoholism;
	305	+	20 (5) attend or reside in a facility established for the
	306	+	21 instruction or residence of defendants on probation;
	307	+	22 (6) support his dependents;
	308	+	23 (7) and in addition, if a minor:
	309	+	24 (i) reside with his parents or in a foster home;
	310	+	25 (ii) attend school;
	311	+	26 (iii) attend a non-residential program for youth;
647	312
648	313
649		-	conditional discharge, or supervision to refrain from having
650		-	alcohol in his or her body during the time between sentencing
651		-	and the completion of a validated clinical assessment,
652		-	provided that such order shall not exceed 30 days and shall be
653		-	terminated if the clinical treatment plan does not recommend
654		-	abstinence or testing, or both.
655		-	In this subsection (m), "validated clinical assessment"
656		-	and "clinical treatment plan" have the meanings ascribed to
657		-	them in Section 10 of the Drug Court Treatment Act.
658		-	In any instance in which the court orders testing for
659		-	cannabis or alcohol, the court shall state the reasonable
660		-	relation the condition has to the person's crime for which the
661		-	person was placed on probation, conditional discharge, or
662		-	supervision.
663		-	(n) A person on probation, conditional discharge, or
664		-	supervision shall not be ordered to refrain from use or
665		-	consumption of any substance lawfully prescribed by a medical
666		-	provider or authorized by the Compassionate Use of Medical
667		-	Cannabis Program Act, except where use is prohibited in
668		-	paragraph (3) or (4) of subsection (m).
669		-	(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
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	320	+	SB1886 Enrolled- 10 -LRB103 27323 RLC 53694 b SB1886 Enrolled - 10 - LRB103 27323 RLC 53694 b
	321	+	SB1886 Enrolled - 10 - LRB103 27323 RLC 53694 b
	322	+	1 (iv) contribute to his own support at home or in a
	323	+	2 foster home;
	324	+	3 (v) with the consent of the superintendent of the
	325	+	4 facility, attend an educational program at a facility
	326	+	5 other than the school in which the offense was
	327	+	6 committed if he or she is convicted of a crime of
	328	+	7 violence as defined in Section 2 of the Crime Victims
	329	+	8 Compensation Act committed in a school, on the real
	330	+	9 property comprising a school, or within 1,000 feet of
	331	+	10 the real property comprising a school;
	332	+	11 (8) make restitution as provided in Section 5-5-6 of
	333	+	12 this Code;
	334	+	13 (9) perform some reasonable public or community
	335	+	14 service;
	336	+	15 (10) serve a term of home confinement. In addition to
	337	+	16 any other applicable condition of probation or conditional
	338	+	17 discharge, the conditions of home confinement shall be
	339	+	18 that the offender:
	340	+	19 (i) remain within the interior premises of the
	341	+	20 place designated for his confinement during the hours
	342	+	21 designated by the court;
	343	+	22 (ii) admit any person or agent designated by the
	344	+	23 court into the offender's place of confinement at any
	345	+	24 time for purposes of verifying the offender's
	346	+	25 compliance with the conditions of his confinement; and
	347	+	26 (iii) if further deemed necessary by the court or
	348	+
	349	+
	350	+
	351	+
	352	+
	353	+	SB1886 Enrolled - 10 - LRB103 27323 RLC 53694 b
	354	+
	355	+
	356	+	SB1886 Enrolled- 11 -LRB103 27323 RLC 53694 b SB1886 Enrolled - 11 - LRB103 27323 RLC 53694 b
	357	+	SB1886 Enrolled - 11 - LRB103 27323 RLC 53694 b
	358	+	1 the Probation or Court Services Department, be placed
	359	+	2 on an approved electronic monitoring device, subject
	360	+	3 to Article 8A of Chapter V;
	361	+	4 (iv) for persons convicted of any alcohol,
	362	+	5 cannabis or controlled substance violation who are
	363	+	6 placed on an approved monitoring device as a condition
	364	+	7 of probation or conditional discharge, the court shall
	365	+	8 impose a reasonable fee for each day of the use of the
	366	+	9 device, as established by the county board in
	367	+	10 subsection (g) of this Section, unless after
	368	+	11 determining the inability of the offender to pay the
	369	+	12 fee, the court assesses a lesser fee or no fee as the
	370	+	13 case may be. This fee shall be imposed in addition to
	371	+	14 the fees imposed under subsections (g) and (i) of this
	372	+	15 Section. The fee shall be collected by the clerk of the
	373	+	16 circuit court, except as provided in an administrative
	374	+	17 order of the Chief Judge of the circuit court. The
	375	+	18 clerk of the circuit court shall pay all monies
	376	+	19 collected from this fee to the county treasurer for
	377	+	20 deposit in the substance abuse services fund under
	378	+	21 Section 5-1086.1 of the Counties Code, except as
	379	+	22 provided in an administrative order of the Chief Judge
	380	+	23 of the circuit court.
	381	+	24 The Chief Judge of the circuit court of the county
	382	+	25 may by administrative order establish a program for
	383	+	26 electronic monitoring of offenders, in which a vendor
	384	+
	385	+
	386	+
	387	+
	388	+
	389	+	SB1886 Enrolled - 11 - LRB103 27323 RLC 53694 b
	390	+
	391	+
	392	+	SB1886 Enrolled- 12 -LRB103 27323 RLC 53694 b SB1886 Enrolled - 12 - LRB103 27323 RLC 53694 b
	393	+	SB1886 Enrolled - 12 - LRB103 27323 RLC 53694 b
	394	+	1 supplies and monitors the operation of the electronic
	395	+	2 monitoring device, and collects the fees on behalf of
	396	+	3 the county. The program shall include provisions for
	397	+	4 indigent offenders and the collection of unpaid fees.
	398	+	5 The program shall not unduly burden the offender and
	399	+	6 shall be subject to review by the Chief Judge.
	400	+	7 The Chief Judge of the circuit court may suspend
	401	+	8 any additional charges or fees for late payment,
	402	+	9 interest, or damage to any device; and
	403	+	10 (v) for persons convicted of offenses other than
	404	+	11 those referenced in clause (iv) above and who are
	405	+	12 placed on an approved monitoring device as a condition
	406	+	13 of probation or conditional discharge, the court shall
	407	+	14 impose a reasonable fee for each day of the use of the
	408	+	15 device, as established by the county board in
	409	+	16 subsection (g) of this Section, unless after
	410	+	17 determining the inability of the defendant to pay the
	411	+	18 fee, the court assesses a lesser fee or no fee as the
	412	+	19 case may be. This fee shall be imposed in addition to
	413	+	20 the fees imposed under subsections (g) and (i) of this
	414	+	21 Section. The fee shall be collected by the clerk of the
	415	+	22 circuit court, except as provided in an administrative
	416	+	23 order of the Chief Judge of the circuit court. The
	417	+	24 clerk of the circuit court shall pay all monies
	418	+	25 collected from this fee to the county treasurer who
	419	+	26 shall use the monies collected to defray the costs of
	420	+
	421	+
	422	+
	423	+
	424	+
	425	+	SB1886 Enrolled - 12 - LRB103 27323 RLC 53694 b
	426	+
	427	+
	428	+	SB1886 Enrolled- 13 -LRB103 27323 RLC 53694 b SB1886 Enrolled - 13 - LRB103 27323 RLC 53694 b
	429	+	SB1886 Enrolled - 13 - LRB103 27323 RLC 53694 b
	430	+	1 corrections. The county treasurer shall deposit the
	431	+	2 fee collected in the probation and court services
	432	+	3 fund. The Chief Judge of the circuit court of the
	433	+	4 county may by administrative order establish a program
	434	+	5 for electronic monitoring of offenders, in which a
	435	+	6 vendor supplies and monitors the operation of the
	436	+	7 electronic monitoring device, and collects the fees on
	437	+	8 behalf of the county. The program shall include
	438	+	9 provisions for indigent offenders and the collection
	439	+	10 of unpaid fees. The program shall not unduly burden
	440	+	11 the offender and shall be subject to review by the
	441	+	12 Chief Judge.
	442	+	13 The Chief Judge of the circuit court may suspend
	443	+	14 any additional charges or fees for late payment,
	444	+	15 interest, or damage to any device.
	445	+	16 (11) comply with the terms and conditions of an order
	446	+	17 of protection issued by the court pursuant to the Illinois
	447	+	18 Domestic Violence Act of 1986, as now or hereafter
	448	+	19 amended, or an order of protection issued by the court of
	449	+	20 another state, tribe, or United States territory. A copy
	450	+	21 of the order of protection shall be transmitted to the
	451	+	22 probation officer or agency having responsibility for the
	452	+	23 case;
	453	+	24 (12) reimburse any "local anti-crime program" as
	454	+	25 defined in Section 7 of the Anti-Crime Advisory Council
	455	+	26 Act for any reasonable expenses incurred by the program on
	456	+
	457	+
	458	+
	459	+
	460	+
	461	+	SB1886 Enrolled - 13 - LRB103 27323 RLC 53694 b
	462	+
	463	+
	464	+	SB1886 Enrolled- 14 -LRB103 27323 RLC 53694 b SB1886 Enrolled - 14 - LRB103 27323 RLC 53694 b
	465	+	SB1886 Enrolled - 14 - LRB103 27323 RLC 53694 b
	466	+	1 the offender's case, not to exceed the maximum amount of
	467	+	2 the fine authorized for the offense for which the
	468	+	3 defendant was sentenced;
	469	+	4 (13) contribute a reasonable sum of money, not to
	470	+	5 exceed the maximum amount of the fine authorized for the
	471	+	6 offense for which the defendant was sentenced, (i) to a
	472	+	7 "local anti-crime program", as defined in Section 7 of the
	473	+	8 Anti-Crime Advisory Council Act, or (ii) for offenses
	474	+	9 under the jurisdiction of the Department of Natural
	475	+	10 Resources, to the fund established by the Department of
	476	+	11 Natural Resources for the purchase of evidence for
	477	+	12 investigation purposes and to conduct investigations as
	478	+	13 outlined in Section 805-105 of the Department of Natural
	479	+	14 Resources (Conservation) Law;
	480	+	15 (14) refrain from entering into a designated
	481	+	16 geographic area except upon such terms as the court finds
	482	+	17 appropriate. Such terms may include consideration of the
	483	+	18 purpose of the entry, the time of day, other persons
	484	+	19 accompanying the defendant, and advance approval by a
	485	+	20 probation officer, if the defendant has been placed on
	486	+	21 probation or advance approval by the court, if the
	487	+	22 defendant was placed on conditional discharge;
	488	+	23 (15) refrain from having any contact, directly or
	489	+	24 indirectly, with certain specified persons or particular
	490	+	25 types of persons, including but not limited to members of
	491	+	26 street gangs and drug users or dealers;
	492	+
	493	+
	494	+
	495	+
	496	+
	497	+	SB1886 Enrolled - 14 - LRB103 27323 RLC 53694 b
	498	+
	499	+
	500	+	SB1886 Enrolled- 15 -LRB103 27323 RLC 53694 b SB1886 Enrolled - 15 - LRB103 27323 RLC 53694 b
	501	+	SB1886 Enrolled - 15 - LRB103 27323 RLC 53694 b
	502	+	1 (16) refrain from having in his or her body the
	503	+	2 presence of any illicit drug prohibited by the Cannabis
	504	+	3 Control Act, the Illinois Controlled Substances Act, or
	505	+	4 the Methamphetamine Control and Community Protection Act,
	506	+	5 unless prescribed by a physician, and submit samples of
	507	+	6 his or her blood or urine or both for tests to determine
	508	+	7 the presence of any illicit drug;
	509	+	8 (17) if convicted for an offense committed on or after
	510	+	9 June 1, 2008 (the effective date of Public Act 95-464)
	511	+	10 that would qualify the accused as a child sex offender as
	512	+	11 defined in Section 11-9.3 or 11-9.4 of the Criminal Code
	513	+	12 of 1961 or the Criminal Code of 2012, refrain from
	514	+	13 communicating with or contacting, by means of the
	515	+	14 Internet, a person who is related to the accused and whom
	516	+	15 the accused reasonably believes to be under 18 years of
	517	+	16 age; for purposes of this paragraph (17), "Internet" has
	518	+	17 the meaning ascribed to it in Section 16-0.1 of the
	519	+	18 Criminal Code of 2012; and a person is related to the
	520	+	19 accused if the person is: (i) the spouse, brother, or
	521	+	20 sister of the accused; (ii) a descendant of the accused;
	522	+	21 (iii) a first or second cousin of the accused; or (iv) a
	523	+	22 step-child or adopted child of the accused;
	524	+	23 (18) if convicted for an offense committed on or after
	525	+	24 June 1, 2009 (the effective date of Public Act 95-983)
	526	+	25 that would qualify as a sex offense as defined in the Sex
	527	+	26 Offender Registration Act:
	528	+
	529	+
	530	+
	531	+
	532	+
	533	+	SB1886 Enrolled - 15 - LRB103 27323 RLC 53694 b
	534	+
	535	+
	536	+	SB1886 Enrolled- 16 -LRB103 27323 RLC 53694 b SB1886 Enrolled - 16 - LRB103 27323 RLC 53694 b
	537	+	SB1886 Enrolled - 16 - LRB103 27323 RLC 53694 b
	538	+	1 (i) not access or use a computer or any other
	539	+	2 device with Internet capability without the prior
	540	+	3 written approval of the offender's probation officer,
	541	+	4 except in connection with the offender's employment or
	542	+	5 search for employment with the prior approval of the
	543	+	6 offender's probation officer;
	544	+	7 (ii) submit to periodic unannounced examinations
	545	+	8 of the offender's computer or any other device with
	546	+	9 Internet capability by the offender's probation
	547	+	10 officer, a law enforcement officer, or assigned
	548	+	11 computer or information technology specialist,
	549	+	12 including the retrieval and copying of all data from
	550	+	13 the computer or device and any internal or external
	551	+	14 peripherals and removal of such information,
	552	+	15 equipment, or device to conduct a more thorough
	553	+	16 inspection;
	554	+	17 (iii) submit to the installation on the offender's
	555	+	18 computer or device with Internet capability, at the
	556	+	19 subject's expense, of one or more hardware or software
	557	+	20 systems to monitor the Internet use; and
	558	+	21 (iv) submit to any other appropriate restrictions
	559	+	22 concerning the offender's use of or access to a
	560	+	23 computer or any other device with Internet capability
	561	+	24 imposed by the offender's probation officer; and
	562	+	25 (19) refrain from possessing a firearm or other
	563	+	26 dangerous weapon where the offense is a misdemeanor that
	564	+
	565	+
	566	+
	567	+
	568	+
	569	+	SB1886 Enrolled - 16 - LRB103 27323 RLC 53694 b
	570	+
	571	+
	572	+	SB1886 Enrolled- 17 -LRB103 27323 RLC 53694 b SB1886 Enrolled - 17 - LRB103 27323 RLC 53694 b
	573	+	SB1886 Enrolled - 17 - LRB103 27323 RLC 53694 b
	574	+	1 did not involve the intentional or knowing infliction of
	575	+	2 bodily harm or threat of bodily harm.
	576	+	3 (c) The court may as a condition of probation or of
	577	+	4 conditional discharge require that a person under 18 years of
	578	+	5 age found guilty of any alcohol, cannabis or controlled
	579	+	6 substance violation, refrain from acquiring a driver's license
	580	+	7 during the period of probation or conditional discharge. If
	581	+	8 such person is in possession of a permit or license, the court
	582	+	9 may require that the minor refrain from driving or operating
	583	+	10 any motor vehicle during the period of probation or
	584	+	11 conditional discharge, except as may be necessary in the
	585	+	12 course of the minor's lawful employment.
	586	+	13 (d) An offender sentenced to probation or to conditional
	587	+	14 discharge shall be given a certificate setting forth the
	588	+	15 conditions thereof.
	589	+	16 (e) Except where the offender has committed a fourth or
	590	+	17 subsequent violation of subsection (c) of Section 6-303 of the
	591	+	18 Illinois Vehicle Code, the court shall not require as a
	592	+	19 condition of the sentence of probation or conditional
	593	+	20 discharge that the offender be committed to a period of
	594	+	21 imprisonment in excess of 6 months. This 6-month limit shall
	595	+	22 not include periods of confinement given pursuant to a
	596	+	23 sentence of county impact incarceration under Section 5-8-1.2.
	597	+	24 Persons committed to imprisonment as a condition of
	598	+	25 probation or conditional discharge shall not be committed to
	599	+	26 the Department of Corrections.
	600	+
	601	+
	602	+
	603	+
	604	+
	605	+	SB1886 Enrolled - 17 - LRB103 27323 RLC 53694 b
	606	+
	607	+
	608	+	SB1886 Enrolled- 18 -LRB103 27323 RLC 53694 b SB1886 Enrolled - 18 - LRB103 27323 RLC 53694 b
	609	+	SB1886 Enrolled - 18 - LRB103 27323 RLC 53694 b
	610	+	1 (f) The court may combine a sentence of periodic
	611	+	2 imprisonment under Article 7 or a sentence to a county impact
	612	+	3 incarceration program under Article 8 with a sentence of
	613	+	4 probation or conditional discharge.
	614	+	5 (g) An offender sentenced to probation or to conditional
	615	+	6 discharge and who during the term of either undergoes
	616	+	7 mandatory drug or alcohol testing, or both, or is assigned to
	617	+	8 be placed on an approved electronic monitoring device, shall
	618	+	9 be ordered to pay all costs incidental to such mandatory drug
	619	+	10 or alcohol testing, or both, and all costs incidental to such
	620	+	11 approved electronic monitoring in accordance with the
	621	+	12 defendant's ability to pay those costs. The county board with
	622	+	13 the concurrence of the Chief Judge of the judicial circuit in
	623	+	14 which the county is located shall establish reasonable fees
	624	+	15 for the cost of maintenance, testing, and incidental expenses
	625	+	16 related to the mandatory drug or alcohol testing, or both, and
	626	+	17 all costs incidental to approved electronic monitoring,
	627	+	18 involved in a successful probation program for the county. The
	628	+	19 concurrence of the Chief Judge shall be in the form of an
	629	+	20 administrative order. The fees shall be collected by the clerk
	630	+	21 of the circuit court, except as provided in an administrative
	631	+	22 order of the Chief Judge of the circuit court. The clerk of the
	632	+	23 circuit court shall pay all moneys collected from these fees
	633	+	24 to the county treasurer who shall use the moneys collected to
	634	+	25 defray the costs of drug testing, alcohol testing, and
	635	+	26 electronic monitoring. The county treasurer shall deposit the
	636	+
	637	+
	638	+
	639	+
	640	+
	641	+	SB1886 Enrolled - 18 - LRB103 27323 RLC 53694 b
	642	+
	643	+
	644	+	SB1886 Enrolled- 19 -LRB103 27323 RLC 53694 b SB1886 Enrolled - 19 - LRB103 27323 RLC 53694 b
	645	+	SB1886 Enrolled - 19 - LRB103 27323 RLC 53694 b
	646	+	1 fees collected in the county working cash fund under Section
	647	+	2 6-27001 or Section 6-29002 of the Counties Code, as the case
	648	+	3 may be. The Chief Judge of the circuit court of the county may
	649	+	4 by administrative order establish a program for electronic
	650	+	5 monitoring of offenders, in which a vendor supplies and
	651	+	6 monitors the operation of the electronic monitoring device,
	652	+	7 and collects the fees on behalf of the county. The program
	653	+	8 shall include provisions for indigent offenders and the
	654	+	9 collection of unpaid fees. The program shall not unduly burden
	655	+	10 the offender and shall be subject to review by the Chief Judge.
	656	+	11 A person shall not be assessed costs or fees for mandatory
	657	+	12 testing for drugs, alcohol, or both, if the person is an
	658	+	13 indigent person as defined in paragraph (2) of subsection (a)
	659	+	14 of Section 5-105 of the Code of Civil Procedure.
	660	+	15 The Chief Judge of the circuit court may suspend any
	661	+	16 additional charges or fees for late payment, interest, or
	662	+	17 damage to any device.
	663	+	18 (h) Jurisdiction over an offender may be transferred from
	664	+	19 the sentencing court to the court of another circuit with the
	665	+	20 concurrence of both courts. Further transfers or retransfers
	666	+	21 of jurisdiction are also authorized in the same manner. The
	667	+	22 court to which jurisdiction has been transferred shall have
	668	+	23 the same powers as the sentencing court. The probation
	669	+	24 department within the circuit to which jurisdiction has been
	670	+	25 transferred, or which has agreed to provide supervision, may
	671	+	26 impose probation fees upon receiving the transferred offender,
	672	+
	673	+
	674	+
	675	+
	676	+
	677	+	SB1886 Enrolled - 19 - LRB103 27323 RLC 53694 b
	678	+
	679	+
	680	+	SB1886 Enrolled- 20 -LRB103 27323 RLC 53694 b SB1886 Enrolled - 20 - LRB103 27323 RLC 53694 b
	681	+	SB1886 Enrolled - 20 - LRB103 27323 RLC 53694 b
	682	+	1 as provided in subsection (i). For all transfer cases, as
	683	+	2 defined in Section 9b of the Probation and Probation Officers
	684	+	3 Act, the probation department from the original sentencing
	685	+	4 court shall retain all probation fees collected prior to the
	686	+	5 transfer. After the transfer, all probation fees shall be paid
	687	+	6 to the probation department within the circuit to which
	688	+	7 jurisdiction has been transferred.
	689	+	8 (i) The court shall impose upon an offender sentenced to
	690	+	9 probation after January 1, 1989 or to conditional discharge
	691	+	10 after January 1, 1992 or to community service under the
	692	+	11 supervision of a probation or court services department after
	693	+	12 January 1, 2004, as a condition of such probation or
	694	+	13 conditional discharge or supervised community service, a fee
	695	+	14 of $50 for each month of probation or conditional discharge
	696	+	15 supervision or supervised community service ordered by the
	697	+	16 court, unless after determining the inability of the person
	698	+	17 sentenced to probation or conditional discharge or supervised
	699	+	18 community service to pay the fee, the court assesses a lesser
	700	+	19 fee. The court may not impose the fee on a minor who is placed
	701	+	20 in the guardianship or custody of the Department of Children
	702	+	21 and Family Services under the Juvenile Court Act of 1987 while
	703	+	22 the minor is in placement. The fee shall be imposed only upon
	704	+	23 an offender who is actively supervised by the probation and
	705	+	24 court services department. The fee shall be collected by the
	706	+	25 clerk of the circuit court. The clerk of the circuit court
	707	+	26 shall pay all monies collected from this fee to the county
	708	+
	709	+
	710	+
	711	+
	712	+
	713	+	SB1886 Enrolled - 20 - LRB103 27323 RLC 53694 b
	714	+
	715	+
	716	+	SB1886 Enrolled- 21 -LRB103 27323 RLC 53694 b SB1886 Enrolled - 21 - LRB103 27323 RLC 53694 b
	717	+	SB1886 Enrolled - 21 - LRB103 27323 RLC 53694 b
	718	+	1 treasurer for deposit in the probation and court services fund
	719	+	2 under Section 15.1 of the Probation and Probation Officers
	720	+	3 Act.
	721	+	4 A circuit court may not impose a probation fee under this
	722	+	5 subsection (i) in excess of $25 per month unless the circuit
	723	+	6 court has adopted, by administrative order issued by the chief
	724	+	7 judge, a standard probation fee guide determining an
	725	+	8 offender's ability to pay. Of the amount collected as a
	726	+	9 probation fee, up to $5 of that fee collected per month may be
	727	+	10 used to provide services to crime victims and their families.
	728	+	11 The Court may only waive probation fees based on an
	729	+	12 offender's ability to pay. The probation department may
	730	+	13 re-evaluate an offender's ability to pay every 6 months, and,
	731	+	14 with the approval of the Director of Court Services or the
	732	+	15 Chief Probation Officer, adjust the monthly fee amount. An
	733	+	16 offender may elect to pay probation fees due in a lump sum. Any
	734	+	17 offender that has been assigned to the supervision of a
	735	+	18 probation department, or has been transferred either under
	736	+	19 subsection (h) of this Section or under any interstate
	737	+	20 compact, shall be required to pay probation fees to the
	738	+	21 department supervising the offender, based on the offender's
	739	+	22 ability to pay.
	740	+	23 Public Act 93-970 deletes the $10 increase in the fee
	741	+	24 under this subsection that was imposed by Public Act 93-616.
	742	+	25 This deletion is intended to control over any other Act of the
	743	+	26 93rd General Assembly that retains or incorporates that fee
	744	+
	745	+
	746	+
	747	+
	748	+
	749	+	SB1886 Enrolled - 21 - LRB103 27323 RLC 53694 b
	750	+
	751	+
	752	+	SB1886 Enrolled- 22 -LRB103 27323 RLC 53694 b SB1886 Enrolled - 22 - LRB103 27323 RLC 53694 b
	753	+	SB1886 Enrolled - 22 - LRB103 27323 RLC 53694 b
	754	+	1 increase.
	755	+	2 (i-5) In addition to the fees imposed under subsection (i)
	756	+	3 of this Section, in the case of an offender convicted of a
	757	+	4 felony sex offense (as defined in the Sex Offender Management
	758	+	5 Board Act) or an offense that the court or probation
	759	+	6 department has determined to be sexually motivated (as defined
	760	+	7 in the Sex Offender Management Board Act), the court or the
	761	+	8 probation department shall assess additional fees to pay for
	762	+	9 all costs of treatment, assessment, evaluation for risk and
	763	+	10 treatment, and monitoring the offender, based on that
	764	+	11 offender's ability to pay those costs either as they occur or
	765	+	12 under a payment plan.
	766	+	13 (j) All fines and costs imposed under this Section for any
	767	+	14 violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
	768	+	15 Code, or a similar provision of a local ordinance, and any
	769	+	16 violation of the Child Passenger Protection Act, or a similar
	770	+	17 provision of a local ordinance, shall be collected and
	771	+	18 disbursed by the circuit clerk as provided under the Criminal
	772	+	19 and Traffic Assessment Act.
	773	+	20 (k) Any offender who is sentenced to probation or
	774	+	21 conditional discharge for a felony sex offense as defined in
	775	+	22 the Sex Offender Management Board Act or any offense that the
	776	+	23 court or probation department has determined to be sexually
	777	+	24 motivated as defined in the Sex Offender Management Board Act
	778	+	25 shall be required to refrain from any contact, directly or
	779	+	26 indirectly, with any persons specified by the court and shall
	780	+
	781	+
	782	+
	783	+
	784	+
	785	+	SB1886 Enrolled - 22 - LRB103 27323 RLC 53694 b
	786	+
	787	+
	788	+	SB1886 Enrolled- 23 -LRB103 27323 RLC 53694 b SB1886 Enrolled - 23 - LRB103 27323 RLC 53694 b
	789	+	SB1886 Enrolled - 23 - LRB103 27323 RLC 53694 b
	790	+	1 be available for all evaluations and treatment programs
	791	+	2 required by the court or the probation department.
	792	+	3 (l) The court may order an offender who is sentenced to
	793	+	4 probation or conditional discharge for a violation of an order
	794	+	5 of protection be placed under electronic surveillance as
	795	+	6 provided in Section 5-8A-7 of this Code.
	796	+	7 (m) A person on probation, conditional discharge, or
	797	+	8 supervision shall not be ordered to refrain from having
	798	+	9 cannabis or alcohol in his or her body unless:
	799	+	10 (1) the person is under 21 years old;
	800	+	11 (2) the person was sentenced to probation, conditional
	801	+	12 discharge, or supervision for an offense which had as an
	802	+	13 element of the offense the presence of an intoxicating
	803	+	14 compound in the person's body;
	804	+	15 (3) the person is participating in a problem-solving
	805	+	16 court certified by the Illinois Supreme Court;
	806	+	17 (4) the person has undergone a validated clinical
	807	+	18 assessment and the clinical treatment plan includes
	808	+	19 alcohol or cannabis testing; or
	809	+	20 (5) a court ordered evaluation recommends that the
	810	+	21 person refrain from using alcohol or cannabis, provided
	811	+	22 the evaluation is a validated clinical assessment and the
	812	+	23 recommendation originates from a clinical treatment plan.
	813	+	24 If the court has made findings that alcohol use was a
	814	+	25 contributing factor in the commission of the underlying
	815	+	26 offense, the court may order a person on probation,
	816	+
	817	+
	818	+
	819	+
	820	+
	821	+	SB1886 Enrolled - 23 - LRB103 27323 RLC 53694 b
	822	+
	823	+
	824	+	SB1886 Enrolled- 24 -LRB103 27323 RLC 53694 b SB1886 Enrolled - 24 - LRB103 27323 RLC 53694 b
	825	+	SB1886 Enrolled - 24 - LRB103 27323 RLC 53694 b
	826	+	1 conditional discharge, or supervision to refrain from having
	827	+	2 alcohol in his or her body during the time between sentencing
	828	+	3 and the completion of a validated clinical assessment,
	829	+	4 provided that such order shall not exceed 30 days and shall be
	830	+	5 terminated if the clinical treatment plan does not recommend
	831	+	6 abstinence or testing, or both.
	832	+	7 In this subsection (m), "validated clinical assessment"
	833	+	8 and "clinical treatment plan" have the meanings ascribed to
	834	+	9 them in Section 10 of the Drug Court Treatment Act.
	835	+	10 In any instance in which the court orders testing for
	836	+	11 cannabis or alcohol, the court shall state the reasonable
	837	+	12 relation the condition has to the person's crime for which the
	838	+	13 person was placed on probation, conditional discharge, or
	839	+	14 supervision.
	840	+	15 (n) A person on probation, conditional discharge, or
	841	+	16 supervision shall not be ordered to refrain from use or
	842	+	17 consumption of any substance lawfully prescribed by a medical
	843	+	18 provider or authorized by the Compassionate Use of Medical
	844	+	19 Cannabis Program Act, except where use is prohibited in
	845	+	20 paragraph (3) or (4) of subsection (m).
	846	+	21 (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
	847	+
	848	+
	849	+
	850	+
	851	+
	852	+	SB1886 Enrolled - 24 - LRB103 27323 RLC 53694 b