98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5282
 
Introduced , by Rep. Naomi D. Jakobsson
 
SYNOPSIS AS INTRODUCED:



    
730 ILCS 5/3-1-2 from Ch. 38, par. 1003-1-2
730 ILCS 5/3-3-7 from Ch. 38, par. 1003-3-7
730 ILCS 5/5-6-3 from Ch. 38, par. 1005-6-3
730 ILCS 5/5-6-3.1 from Ch. 38, par. 1005-6-3.1

 Amends the Unified Code of Corrections. Provides that as a condition of parole, aftercare release, mandatory supervised release, probation, conditional discharge, or supervision, a person convicted of, or placed on supervision for, a sex offense shall attend on Halloween or at any other day in which children under 18 years of age participate in Halloween activities a group meeting with other persons convicted of, or placed on supervision for, sex offenses. 



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A BILL FOR
 


HB5282LRB098 17190 RLC 55276 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Unified Code of Corrections is amended by 
5changing Sections 3-1-2, 3-3-7, 5-6-3, and 5-6-3.1 as follows:



6 (730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)


7 Sec. 3-1-2. Definitions. 
8 (a) "Chief Administrative Officer" means the
person 
9designated by the Director to exercise the powers and duties of 
10the
Department of Corrections in regard to committed persons 
11within
a correctional institution or facility, and includes the

12superintendent of any juvenile institution or facility.

13 (a-3) "Aftercare release" means the conditional and 
14revocable release of a person committed to the Department of 
15Juvenile Justice under the Juvenile Court Act of 1987, under 
16the supervision of the Department of Juvenile Justice. 
17 (a-5) "Sex offense" for the purposes of paragraph (16) or 
18(16.5) of subsection (a) of Section 3-3-7, paragraph (10) or 
19(10.5) of subsection (a) of Section 5-6-3, and paragraph (18) 
20or (18.5) of subsection (c) of Section 5-6-3.1 only means:
21  (i) A violation of any of the following Sections of the 
22 Criminal Code of
1961 or the Criminal Code of 2012: 10-7 
23 (aiding or abetting child abduction under Section 
 
 
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1 10-5(b)(10)),
10-5(b)(10) (child luring), 11-6 (indecent 
2 solicitation of a child), 11-6.5
(indecent solicitation of 
3 an adult), 11-14.4 (promoting juvenile prostitution),

4 11-15.1 (soliciting for a juvenile
prostitute), 11-17.1 
5 (keeping a place of juvenile prostitution), 11-18.1

6 (patronizing a juvenile prostitute), 11-19.1 (juvenile 
7 pimping),
11-19.2 (exploitation of a child), 11-20.1 
8 (child pornography), 11-20.1B or 11-20.3 (aggravated child 
9 pornography), 11-1.40 or 12-14.1
(predatory criminal 
10 sexual assault of a child), or 12-33 (ritualized abuse of a

11 child). An attempt to commit any of
these offenses.
12  (ii) A violation of any of the following Sections of 
13 the Criminal Code
of 1961 or the Criminal Code of 2012: 
14 11-1.20 or 12-13 (criminal
sexual assault), 11-1.30 or 
15 12-14 (aggravated criminal sexual assault), 11-1.60 or 
16 12-16 (aggravated criminal sexual abuse), and subsection 
17 (a) of Section 11-1.50 or subsection (a) of Section 12-15

18 (criminal sexual abuse). An attempt to commit
any of these 
19 offenses.
20  (iii) A violation of any of the following Sections of 
21 the Criminal Code
of 1961 or the Criminal Code of 2012 when 
22 the defendant is
not a parent of the victim:
23   10-1 (kidnapping),

24   10-2 (aggravated kidnapping),
25   10-3 (unlawful restraint),

26   10-3.1 (aggravated unlawful restraint).
 
 
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1   An attempt to commit any of these offenses.
2  (iv) A violation of any former law of this State 
3 substantially
equivalent to any offense listed in this 
4 subsection (a-5).
5 An offense violating federal law or the law of another 
6state
that is substantially equivalent to any offense listed in 
7this
subsection (a-5) shall constitute a sex offense for the 
8purpose of
this subsection (a-5). A finding or adjudication as 
9a sexually dangerous person under
any federal law or law of 
10another state that is substantially equivalent to the
Sexually 
11Dangerous Persons Act shall constitute an adjudication for a 
12sex offense for the
purposes of this subsection (a-5).

13 (b) "Commitment" means a judicially determined placement

14in the custody of the Department of Corrections on the basis of

15delinquency or conviction.

16 (c) "Committed Person" is a person committed to the 
17Department,
however a committed person shall not be considered 
18to be an employee of
the Department of Corrections for any 
19purpose, including eligibility for
a pension, benefits, or any 
20other compensation or rights or privileges which
may be 
21provided to employees of the Department.

22 (c-5) "Computer scrub software" means any third-party 
23added software, designed to delete information from the 
24computer unit, the hard drive, or other software, which would 
25eliminate and prevent discovery of browser activity, including 
26but not limited to Internet history, address bar or bars, cache 
 
 
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1or caches, and/or cookies, and which would over-write files in 
2a way so as to make previous computer activity, including but 
3not limited to website access, more difficult to discover. 
4 (d) "Correctional Institution or Facility" means any 
5building or
part of a building where committed persons are kept 
6in a secured manner.

7 (e) In the case of functions performed before the effective 
8date of this amendatory Act of the 94th General Assembly, 
9"Department" means the Department of Corrections of this State. 
10In the case of functions performed on or after the effective 
11date of this amendatory Act of the 94th General Assembly, 
12"Department" has the meaning ascribed to it in subsection 
13(f-5).


14 (f) In the case of functions performed before the effective 
15date of this amendatory Act of the 94th General Assembly, 
16"Director" means the Director of the Department of Corrections. 
17In the case of functions performed on or after the effective 
18date of this amendatory Act of the 94th General Assembly, 
19"Director" has the meaning ascribed to it in subsection (f-5).

20 (f-5) In the case of functions performed on or after the 
21effective date of this amendatory Act of the 94th General 
22Assembly, references to "Department" or "Director" refer to 
23either the Department of Corrections or the Director of 
24Corrections or to the Department of Juvenile Justice or the 
25Director of Juvenile Justice unless the context is specific to 
26the Department of Juvenile Justice or the Director of Juvenile 
 
 
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1Justice.

2 (g) "Discharge" means the final termination of a commitment

3to the Department of Corrections.

4 (h) "Discipline" means the rules and regulations for the

5maintenance of order and the protection of persons and property

6within the institutions and facilities of the Department and

7their enforcement.

8 (i) "Escape" means the intentional and unauthorized 
9absence
of a committed person from the custody of the 
10Department.

11 (j) "Furlough" means an authorized leave of absence from 
12the
Department of Corrections for a designated purpose and 
13period of time.

14 (k) "Parole" means the conditional and revocable release
of 
15a person committed to the Department of Corrections under the 
16supervision of a parole officer.

17 (l) "Prisoner Review Board" means the Board established in

18Section 3-3-1(a), independent of the Department, to review

19rules and regulations with respect to good time credits, to

20hear charges brought by the Department against certain 
21prisoners
alleged to have violated Department rules with 
22respect to good
time credits, to set release dates for certain 
23prisoners
sentenced under the law in effect prior to the 
24effective
date of this Amendatory Act of 1977, to hear and 
25decide the time of aftercare release for persons committed to 
26the Department of Juvenile Justice under the Juvenile Court Act 
 
 
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1of 1987 to hear requests and
make recommendations to the 
2Governor with respect to pardon,
reprieve or commutation, to 
3set conditions for parole, aftercare release, and
mandatory 
4supervised release and determine whether violations
of those 
5conditions justify revocation of parole or release,
and to 
6assume all other functions previously exercised by the
Illinois 
7Parole and Pardon Board.

8 (m) Whenever medical treatment, service, counseling, or

9care is referred to in this Unified Code of Corrections,
such 
10term may be construed by the Department or Court, within
its 
11discretion, to include treatment, service or counseling by
a 
12Christian Science practitioner or nursing care appropriate

13therewith whenever request therefor is made by a person subject

14to the provisions of this Act.

15 (n) "Victim" shall have the meaning ascribed to it in 
16subsection (a) of
Section 3 of the Bill of Rights for Victims 
17and Witnesses of Violent Crime Act.

18 (o) "Wrongfully imprisoned person" means a person who has 
19been discharged from a prison of this State and
has received:
20  (1) a pardon from the Governor stating that such pardon 
21 is issued on the ground of innocence of the crime for which 
22 he or she was imprisoned; or
23  (2) a certificate of innocence from the Circuit Court 
24 as provided in Section 2-702 of the Code of Civil 
25 Procedure.
26(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 
 
 
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198-558, eff. 1-1-14.)

2 (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
3 Sec. 3-3-7. Conditions of Parole, Mandatory Supervised 
4Release, or Aftercare Release.


5 (a) The conditions of parole, aftercare release, or 
6mandatory
supervised release shall be such as the Prisoner 
7Review
Board deems necessary to assist the subject in leading a

8law-abiding life. The conditions of every parole, aftercare 
9release, and mandatory
supervised release are that the subject:


10  (1) not violate any criminal statute of any 
11 jurisdiction
during the parole, aftercare release, or 
12 release term;


13  (2) refrain from possessing a firearm or other 
14 dangerous
weapon;


15  (3) report to an agent of the Department of Corrections 
16 or to the Department of Juvenile Justice;


17  (4) permit the agent or aftercare specialist to visit 
18 him or her at his or her home, employment,
or
elsewhere to 
19 the
extent necessary for the agent or aftercare specialist 
20 to discharge his or her duties;


21  (5) attend or reside in a facility established for the 
22 instruction or
residence
of persons on
parole, aftercare 
23 release, or mandatory supervised release;


24  (6) secure permission before visiting or writing a 
25 committed person in an
Illinois Department
of Corrections 
 
 
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1 facility;


2  (7) report all arrests to an agent of the Department of 
3 Corrections or to the Department of Juvenile Justice as

4 soon as
permitted by the
arresting authority but in no 
5 event later than 24 hours after release from
custody and 
6 immediately report service or notification of an order of 
7 protection, a civil no contact order, or a stalking no 
8 contact order to an agent of the Department of Corrections;

9  (7.5) if convicted of a sex offense as defined in the 
10 Sex Offender
Management Board Act, the individual shall 
11 undergo and successfully complete
sex offender treatment 
12 conducted in conformance with the standards developed by

13 the Sex
Offender Management Board Act by a treatment 
14 provider approved by the Board;


15  (7.6) if convicted of a sex offense as defined in the 
16 Sex Offender
Management Board Act, refrain from residing at 
17 the same address or in the same condominium unit or 
18 apartment unit or in the same condominium complex or 
19 apartment complex with another person he or she knows or 
20 reasonably should know is a convicted sex offender or has 
21 been placed on supervision for a sex offense; the 
22 provisions of this paragraph do not apply to a person 
23 convicted of a sex offense who is placed in a Department of 
24 Corrections licensed transitional housing facility for sex 
25 offenders, or is in any facility operated or licensed by 
26 the Department of Children and Family Services or by the 
 
 
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1 Department of Human Services, or is in any licensed medical 
2 facility;

3  (7.7) if convicted for an offense that would qualify 
4 the accused as a sexual predator under the Sex Offender 
5 Registration Act on or after January 1, 2007 (the effective 
6 date of Public Act 94-988), wear an approved electronic 
7 monitoring device as defined in Section 5-8A-2 for the 
8 duration of the person's parole, aftercare release, 
9 mandatory supervised release term, or extended mandatory 
10 supervised release term and if convicted for an offense of 
11 criminal sexual assault, aggravated criminal sexual 
12 assault, predatory criminal sexual assault of a child, 
13 criminal sexual abuse, aggravated criminal sexual abuse, 
14 or ritualized abuse of a child committed on or after August 
15 11, 2009 (the effective date of Public Act 96-236) when the 
16 victim was under 18 years of age at the time of the 
17 commission of the offense and the defendant used force or 
18 the threat of force in the commission of the offense wear 
19 an approved electronic monitoring device as defined in 
20 Section 5-8A-2 that has Global Positioning System (GPS) 
21 capability for the duration of the person's parole, 
22 aftercare release, mandatory supervised release term, or 
23 extended mandatory supervised release term;

24  (7.8) if convicted for an offense committed on or after 
25 June 1, 2008 (the effective date of Public Act 95-464) that 
26 would qualify the accused as a child sex offender as 
 
 
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1 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 
2 1961 or the Criminal Code of 2012, refrain from 
3 communicating with or contacting, by means of the Internet, 
4 a person who is not related to the accused and whom the 
5 accused reasonably believes to be under 18 years of age; 
6 for purposes of this paragraph (7.8), "Internet" has the 
7 meaning ascribed to it in Section 16-0.1 of the Criminal 
8 Code of 2012; and a person is not related to the accused if 
9 the person is not: (i) the spouse, brother, or sister of 
10 the accused; (ii) a descendant of the accused; (iii) a 
11 first or second cousin of the accused; or (iv) a step-child 
12 or adopted child of the accused;

13  (7.9)
if convicted under Section 11-6, 11-20.1, 
14 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or 
15 the Criminal Code of 2012, consent to search of computers, 
16 PDAs, cellular phones, and other devices under his or her 
17 control that are capable of accessing the Internet or 
18 storing electronic files, in order to confirm Internet 
19 protocol addresses reported in accordance with the Sex 
20 Offender Registration Act and compliance with conditions 
21 in this Act;

22  (7.10)
if convicted for an offense that would qualify 
23 the accused as a sex offender or sexual predator under the 
24 Sex Offender Registration Act on or after June 1, 2008 (the 
25 effective date of Public Act 95-640), not possess 
26 prescription drugs for erectile dysfunction;

 
 
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1  (7.11) if convicted for an offense under Section 11-6, 
2 11-9.1, 11-14.4 that involves soliciting for a juvenile 
3 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 
4 of the Criminal Code of 1961 or the Criminal Code of 2012, 
5 or any attempt to commit any of these offenses, committed 
6 on or after June 1, 2009 (the effective date of Public Act 
7 95-983):
8   (i) not access or use a computer or any other 
9 device with Internet capability without the prior 
10 written approval of the Department;
11   (ii) submit to periodic unannounced examinations 
12 of the offender's computer or any other device with 
13 Internet capability by the offender's supervising 
14 agent, aftercare specialist, a law enforcement 
15 officer, or assigned computer or information 
16 technology specialist, including the retrieval and 
17 copying of all data from the computer or device and any 
18 internal or external peripherals and removal of such 
19 information, equipment, or device to conduct a more 
20 thorough inspection;
21   (iii) submit to the installation on the offender's 
22 computer or device with Internet capability, at the 
23 offender's expense, of one or more hardware or software 
24 systems to monitor the Internet use; and
25   (iv) submit to any other appropriate restrictions 
26 concerning the offender's use of or access to a 
 
 
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1 computer or any other device with Internet capability 
2 imposed by the Board, the Department or the offender's 
3 supervising agent or aftercare specialist; 
4  (7.12) if convicted of a sex offense as defined in the 
5 Sex Offender
Registration Act committed on or after January 
6 1, 2010 (the effective date of Public Act 96-262), refrain 
7 from accessing or using a social networking website as 
8 defined in Section 17-0.5 of the Criminal Code of 2012;

9  (7.13) if convicted of a sex offense as defined in 
10 Section 2 of the Sex Offender Registration Act committed on 
11 or after January 1, 2010 (the effective date of Public Act 
12 96-362) that requires the person to register as a sex 
13 offender under that Act, may not knowingly use any computer 
14 scrub software on any computer that the sex offender uses; 
15  (8) obtain permission of an agent of the Department of 
16 Corrections or the Department of Juvenile Justice before

17 leaving the
State of Illinois;


18  (9) obtain permission of an agent of the Department of 
19 Corrections or the Department of Juvenile Justice before

20 changing
his or her residence or employment;


21  (10) consent to a search of his or her person, 
22 property, or residence
under his or her
control;


23  (11) refrain from the use or possession of narcotics or 
24 other controlled
substances in
any form, or both, or any 
25 paraphernalia related to those substances and submit
to a

26 urinalysis test as instructed by a parole agent of the 
 
 
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1 Department of
Corrections or an aftercare specialist of the 
2 Department of Juvenile Justice;


3  (12) not frequent places where controlled substances 
4 are illegally sold,
used,
distributed, or administered;


5  (13) not knowingly associate with other persons on 
6 parole, aftercare release, or mandatory
supervised
release 
7 without prior written permission of his or her parole agent 
8 or aftercare specialist and not
associate with
persons who 
9 are members of an organized gang as that term is defined in 
10 the
Illinois
Streetgang Terrorism Omnibus Prevention Act;


11  (14) provide true and accurate information, as it 
12 relates to his or her
adjustment in the
community while on 
13 parole, aftercare release, or mandatory supervised release 
14 or to his or her
conduct
while incarcerated, in response to 
15 inquiries by his or her parole agent or of
the
Department 
16 of Corrections or by his or her aftercare specialist or of 
17 the Department of Juvenile Justice; 

18  (15) follow any specific instructions provided by the 
19 parole agent or aftercare specialist that
are consistent

20 with furthering conditions set and approved by the Prisoner 
21 Review Board or by
law,
exclusive of placement on 
22 electronic detention, to achieve the goals and
objectives 
23 of his
or her parole, aftercare release, or mandatory 
24 supervised release or to protect the public. These

25 instructions by the parole agent or aftercare specialist 
26 may be modified at any time, as the agent or aftercare 
 
 
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1 specialist
deems
appropriate;


2  (16) if convicted of a sex offense as defined in 
3 subsection (a-5) of Section 3-1-2 of this Code, unless the 
4 offender is a parent or guardian of the person under 18 
5 years of age present in the home and no non-familial minors 
6 are present, not participate in a holiday event involving 
7 children under 18 years of age, such as distributing candy 
8 or other items to children on Halloween, wearing a Santa 
9 Claus costume on or preceding Christmas, being employed as 
10 a department store Santa Claus, or wearing an Easter Bunny 
11 costume on or preceding Easter;
12  (16.5) if convicted of a sex offense as defined in 
13 subsection (a-5) of Section 3-1-2 of this Code, attend on 
14 Halloween or on any other day in which children under 18 
15 years of age participate in Halloween activities a group 
16 meeting with other releasees convicted of sex offenses. The 
17 meeting shall be held at a time of day or night coinciding 
18 with the time set for Halloween activities by the 
19 municipality where the sex offender resides, or if the sex 
20 offender resides in an unincorporated area, the time set by 
21 the county where the sex offender resides, and at a 
22 location set by the parole agent or supervising officer. 
23 The meeting shall be supervised by a parole agent or 
24 supervising officer assigned by the Department of 
25 Corrections; 
26  (17) if convicted of a violation of an order of 
 
 
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1 protection under Section 12-3.4 or Section 12-30 of the 
2 Criminal Code of 1961 or the Criminal Code of 2012, be 
3 placed under electronic surveillance as provided in 
4 Section 5-8A-7 of this Code; 
5  (18) comply with the terms and conditions of an order 
6 of protection issued pursuant to the Illinois Domestic 
7 Violence Act of 1986; an order of protection issued by the 
8 court of another state, tribe, or United States territory; 
9 a no contact order issued pursuant to the Civil No Contact 
10 Order Act; or a no contact order issued pursuant to the 
11 Stalking No Contact Order Act; and
12  (19) if convicted of a violation of the Methamphetamine 
13 Control and Community Protection Act, the Methamphetamine

14 Precursor Control Act, or a methamphetamine related 
15 offense, be:
16   (A) prohibited from purchasing, possessing, or 
17 having under his or her control any product containing 
18 pseudoephedrine unless prescribed by a physician; and
19   (B) prohibited from purchasing, possessing, or 
20 having under his or her control any product containing 
21 ammonium nitrate.
22 (b) The Board may in addition to other conditions
require 
23that the subject:


24  (1) work or pursue a course of study or vocational 
25 training;


26  (2) undergo medical or psychiatric treatment, or 
 
 
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1 treatment
for drug addiction or alcoholism;


2  (3) attend or reside in a facility established for the

3 instruction or residence of persons on probation or parole;


4  (4) support his or her dependents;


5  (5) (blank);


6  (6) (blank);


7  (7) (blank); 

8  (7.5) if convicted for an offense committed on or after 
9 the effective date of this amendatory Act of the 95th 
10 General Assembly that would qualify the accused as a child 
11 sex offender as defined in Section 11-9.3 or 11-9.4 of the 
12 Criminal Code of 1961 or the Criminal Code of 2012, refrain 
13 from communicating with or contacting, by means of the 
14 Internet, a person who is related to the accused and whom 
15 the accused reasonably believes to be under 18 years of 
16 age; for purposes of this paragraph (7.5), "Internet" has 
17 the meaning ascribed to it in Section 16-0.1 of the 
18 Criminal Code of 2012; and a person is related to the 
19 accused if the person is: (i) the spouse, brother, or 
20 sister of the accused; (ii) a descendant of the accused; 
21 (iii) a first or second cousin of the accused; or (iv) a 
22 step-child or adopted child of the accused;
23  (7.6) if convicted for an offense committed on or after 
24 June 1, 2009 (the effective date of Public Act 95-983) that 
25 would qualify as a sex offense as defined in the Sex 
26 Offender Registration Act:
 
 
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1   (i) not access or use a computer or any other 
2 device with Internet capability without the prior 
3 written approval of the Department;
4   (ii) submit to periodic unannounced examinations 
5 of the offender's computer or any other device with 
6 Internet capability by the offender's supervising 
7 agent or aftercare specialist, a law enforcement 
8 officer, or assigned computer or information 
9 technology specialist, including the retrieval and 
10 copying of all data from the computer or device and any 
11 internal or external peripherals and removal of such 
12 information, equipment, or device to conduct a more 
13 thorough inspection;
14   (iii) submit to the installation on the offender's 
15 computer or device with Internet capability, at the 
16 offender's expense, of one or more hardware or software 
17 systems to monitor the Internet use; and
18   (iv) submit to any other appropriate restrictions 
19 concerning the offender's use of or access to a 
20 computer or any other device with Internet capability 
21 imposed by the Board, the Department or the offender's 
22 supervising agent or aftercare specialist; and

23  (8) in addition, if a minor:


24   (i) reside with his or her parents or in a foster 
25 home;


26   (ii) attend school;


 
 
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1   (iii) attend a non-residential program for youth; 
2 or


3   (iv) contribute to his or her own support at home 
4 or in a foster
home.


5 (b-1) In addition to the conditions set forth in 
6subsections (a) and (b), persons required to register as sex 
7offenders pursuant to the Sex Offender Registration Act, upon 
8release from the custody of the Illinois Department of 
9Corrections or Department of Juvenile Justice, may be required 
10by the Board to comply with the following specific conditions 
11of release:
12  (1) reside only at a Department approved location; 
13  (2) comply with all requirements of the Sex Offender 
14 Registration Act;

15  (3) notify
third parties of the risks that may be 
16 occasioned by his or her criminal record;
17  (4) obtain the approval of an agent of the Department 
18 of Corrections or the Department of Juvenile Justice prior 
19 to accepting employment or pursuing a course of study or 
20 vocational training and notify the Department prior to any 
21 change in employment, study, or training;
22  (5) not be employed or participate in any
volunteer 
23 activity that involves contact with children, except under 
24 circumstances approved in advance and in writing by an 
25 agent of the Department of Corrections or the Department of 
26 Juvenile Justice;
 
 
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1  (6) be electronically monitored for a minimum of 12 
2 months from the date of release as determined by the Board;

3  (7) refrain from entering into a designated
geographic 
4 area except upon terms approved in advance by an agent of 
5 the Department of Corrections or the Department of Juvenile 
6 Justice. The terms may include consideration of the purpose 
7 of the entry, the time of day, and others accompanying the 
8 person;
9  (8) refrain from having any contact, including
written 
10 or oral communications, directly or indirectly, personally 
11 or by telephone, letter, or through a third party with 
12 certain specified persons including, but not limited to, 
13 the victim or the victim's family without the prior written 
14 approval of an agent of the Department of Corrections or 
15 the Department of Juvenile Justice;
16  (9) refrain from all contact, directly or
indirectly, 
17 personally, by telephone, letter, or through a third party, 
18 with minor children without prior identification and 
19 approval of an agent of the Department of Corrections or 
20 the Department of Juvenile Justice;
21  (10) neither possess or have under his or her
control 
22 any material that is sexually oriented, sexually 
23 stimulating, or that shows male or female sex organs or any 
24 pictures depicting children under 18 years of age nude or 
25 any written or audio material describing sexual 
26 intercourse or that depicts or alludes to sexual activity, 
 
 
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1 including but not limited to visual, auditory, telephonic, 
2 or electronic media, or any matter obtained through access 
3 to any computer or material linked to computer access use;
4  (11) not patronize any business providing
sexually 
5 stimulating or sexually oriented entertainment nor utilize 
6 "900" or adult telephone numbers;
7  (12) not reside near, visit, or be in or about
parks, 
8 schools, day care centers, swimming pools, beaches, 
9 theaters, or any other places where minor children 
10 congregate without advance approval of an agent of the 
11 Department of Corrections or the Department of Juvenile 
12 Justice and immediately report any incidental contact with 
13 minor children to the Department;
14  (13) not possess or have under his or her control

15 certain specified items of contraband related to the 
16 incidence of sexually offending as determined by an agent 
17 of the Department of Corrections or the Department of 
18 Juvenile Justice;
19  (14) may be required to provide a written daily log of 
20 activities
if directed by an agent of the Department of 
21 Corrections or the Department of Juvenile Justice;
22  (15) comply with all other special conditions
that the 
23 Department may impose that restrict the person from 
24 high-risk situations and limit access to potential 
25 victims;
26  (16) take an annual polygraph exam;
 
 
HB5282- 21 -LRB098 17190 RLC 55276 b


1  (17) maintain a log of his or her travel; or
2  (18) obtain prior approval of his or her parole officer 
3 or aftercare specialist before driving alone in a motor 
4 vehicle.

5 (c) The conditions under which the parole, aftercare 
6release, or mandatory
supervised release is to be served shall 
7be communicated to
the person in writing prior to his or her 
8release, and he or she shall
sign the same before release. A 
9signed copy of these conditions,
including a copy of an order 
10of protection where one had been issued by the
criminal court, 
11shall be retained by the person and another copy forwarded to

12the officer or aftercare specialist in charge of his or her 
13supervision.


14 (d) After a hearing under Section 3-3-9, the Prisoner

15Review Board may modify or enlarge the conditions of parole, 
16aftercare release,
or mandatory supervised release.


17 (e) The Department shall inform all offenders committed to

18the Department of the optional services available to them
upon 
19release and shall assist inmates in availing themselves
of such 
20optional services upon their release on a voluntary
basis.
21 (f) (Blank).


22(Source: P.A. 97-50, eff. 6-28-11; 97-531, eff. 1-1-12; 97-560, 
23eff. 1-1-12; 97-597, eff. 1-1-12; 97-1109, eff. 1-1-13; 
2497-1150, eff. 1-25-13; 98-558, eff. 1-1-14.)

25 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
 
 
HB5282- 22 -LRB098 17190 RLC 55276 b


1 Sec. 5-6-3. Conditions of Probation and of Conditional 
2Discharge.

3 (a) The conditions of probation and of conditional 
4discharge shall be
that the person:


5  (1) not violate any criminal statute of any 
6 jurisdiction;


7  (2) report to or appear in person before such person or 
8 agency as
directed by the court;


9  (3) refrain from possessing a firearm or other 
10 dangerous weapon where the offense is a felony or, if a 
11 misdemeanor, the offense involved the intentional or 
12 knowing infliction of bodily harm or threat of bodily harm;


13  (4) not leave the State without the consent of the 
14 court or, in
circumstances in which the reason for the 
15 absence is of such an emergency
nature that prior consent 
16 by the court is not possible, without the prior

17 notification and approval of the person's probation

18 officer. Transfer of a person's probation or conditional 
19 discharge
supervision to another state is subject to 
20 acceptance by the other state
pursuant to the Interstate 
21 Compact for Adult Offender Supervision;


22  (5) permit the probation officer to visit
him at his 
23 home or elsewhere
to the extent necessary to discharge his 
24 duties;


25  (6) perform no less than 30 hours of community service 
26 and not more than
120 hours of community service, if 
 
 
HB5282- 23 -LRB098 17190 RLC 55276 b


1 community service is available in the
jurisdiction and is 
2 funded and approved by the county board where the offense

3 was committed, where the offense was related to or in 
4 furtherance of the
criminal activities of an organized gang 
5 and was motivated by the offender's
membership in or 
6 allegiance to an organized gang. The community service 
7 shall
include, but not be limited to, the cleanup and 
8 repair of any damage caused by
a violation of Section 
9 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 
10 2012 and similar damage
to property located within the 
11 municipality or county in which the violation
occurred. 
12 When possible and reasonable, the community service should 
13 be
performed in the offender's neighborhood. For purposes 
14 of this Section,
"organized gang" has the meaning ascribed 
15 to it in Section 10 of the Illinois
Streetgang Terrorism 
16 Omnibus Prevention Act;


17  (7) if he or she is at least 17 years of age and has 
18 been sentenced to
probation or conditional discharge for a 
19 misdemeanor or felony in a county of
3,000,000 or more 
20 inhabitants and has not been previously convicted of a

21 misdemeanor or felony, may be required by the sentencing 
22 court to attend
educational courses designed to prepare the 
23 defendant for a high school diploma
and to work toward a 
24 high school diploma or to work toward passing the high

25 school level Test of General Educational Development (GED) 
26 or to work toward
completing a vocational training program 
 
 
HB5282- 24 -LRB098 17190 RLC 55276 b


1 approved by the court. The person on
probation or 
2 conditional discharge must attend a public institution of

3 education to obtain the educational or vocational training 
4 required by this
clause (7). The court shall revoke the 
5 probation or conditional discharge of a
person who wilfully 
6 fails to comply with this clause (7). The person on

7 probation or conditional discharge shall be required to pay 
8 for the cost of the
educational courses or GED test, if a 
9 fee is charged for those courses or
test. The court shall 
10 resentence the offender whose probation or conditional

11 discharge has been revoked as provided in Section 5-6-4. 
12 This clause (7) does
not apply to a person who has a high 
13 school diploma or has successfully passed
the GED test. 
14 This clause (7) does not apply to a person who is 
15 determined by
the court to be developmentally disabled or 
16 otherwise mentally incapable of
completing the educational 
17 or vocational program;


18  (8) if convicted of possession of a substance 
19 prohibited
by the Cannabis Control Act, the Illinois 
20 Controlled Substances Act, or the Methamphetamine Control 
21 and Community Protection Act
after a previous conviction or 
22 disposition of supervision for possession of a
substance 
23 prohibited by the Cannabis Control Act or Illinois 
24 Controlled
Substances Act or after a sentence of probation 
25 under Section 10 of the
Cannabis
Control Act, Section 410 
26 of the Illinois Controlled Substances Act, or Section 70 of 
 
 
HB5282- 25 -LRB098 17190 RLC 55276 b


1 the Methamphetamine Control and Community Protection Act 
2 and upon a
finding by the court that the person is 
3 addicted, undergo treatment at a
substance abuse program 
4 approved by the court;


5  (8.5) if convicted of a felony sex offense as defined 
6 in the Sex
Offender
Management Board Act, the person shall 
7 undergo and successfully complete sex
offender treatment 
8 by a treatment provider approved by the Board and conducted

9 in conformance with the standards developed under the Sex

10 Offender Management Board Act;

11  (8.6) if convicted of a sex offense as defined in the 
12 Sex Offender Management Board Act, refrain from residing at 
13 the same address or in the same condominium unit or 
14 apartment unit or in the same condominium complex or 
15 apartment complex with another person he or she knows or 
16 reasonably should know is a convicted sex offender or has 
17 been placed on supervision for a sex offense; the 
18 provisions of this paragraph do not apply to a person 
19 convicted of a sex offense who is placed in a Department of 
20 Corrections licensed transitional housing facility for sex 
21 offenders;
22  (8.7) if convicted for an offense committed on or after 
23 June 1, 2008 (the effective date of Public Act 95-464) that 
24 would qualify the accused as a child sex offender as 
25 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 
26 1961 or the Criminal Code of 2012, refrain from 
 
 
HB5282- 26 -LRB098 17190 RLC 55276 b


1 communicating with or contacting, by means of the Internet, 
2 a person who is not related to the accused and whom the 
3 accused reasonably believes to be under 18 years of age; 
4 for purposes of this paragraph (8.7), "Internet" has the 
5 meaning ascribed to it in Section 16-0.1 of the Criminal 
6 Code of 2012; and a person is not related to the accused if 
7 the person is not: (i) the spouse, brother, or sister of 
8 the accused; (ii) a descendant of the accused; (iii) a 
9 first or second cousin of the accused; or (iv) a step-child 
10 or adopted child of the accused;
11  (8.8) if convicted for an offense under Section 11-6, 
12 11-9.1, 11-14.4 that involves soliciting for a juvenile 
13 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 
14 of the Criminal Code of 1961 or the Criminal Code of 2012, 
15 or any attempt to commit any of these offenses, committed 
16 on or after June 1, 2009 (the effective date of Public Act 
17 95-983):
18   (i) not access or use a computer or any other 
19 device with Internet capability without the prior 
20 written approval of the offender's probation officer, 
21 except in connection with the offender's employment or 
22 search for employment with the prior approval of the 
23 offender's probation officer;
24   (ii) submit to periodic unannounced examinations 
25 of the offender's computer or any other device with 
26 Internet capability by the offender's probation 
 
 
HB5282- 27 -LRB098 17190 RLC 55276 b


1 officer, a law enforcement officer, or assigned 
2 computer or information technology specialist, 
3 including the retrieval and copying of all data from 
4 the computer or device and any internal or external 
5 peripherals and removal of such information, 
6 equipment, or device to conduct a more thorough 
7 inspection;
8   (iii) submit to the installation on the offender's 
9 computer or device with Internet capability, at the 
10 offender's expense, of one or more hardware or software 
11 systems to monitor the Internet use; and
12   (iv) submit to any other appropriate restrictions 
13 concerning the offender's use of or access to a 
14 computer or any other device with Internet capability 
15 imposed by the offender's probation officer; 
16  (8.9) if convicted of a sex offense as defined in the 
17 Sex Offender
Registration Act committed on or after January 
18 1, 2010 (the effective date of Public Act 96-262), refrain 
19 from accessing or using a social networking website as 
20 defined in Section 17-0.5 of the Criminal Code of 2012;

21  (9) if convicted of a felony or of any misdemeanor 
22 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 
23 12-3.5 of the Criminal Code of 1961 or the Criminal Code of 
24 2012 that was determined, pursuant to Section 112A-11.1 of 
25 the Code of Criminal Procedure of 1963, to trigger the 
26 prohibitions of 18 U.S.C. 922(g)(9), physically surrender 
 
 
HB5282- 28 -LRB098 17190 RLC 55276 b


1 at a time and place
designated by the court, his or her 
2 Firearm
Owner's Identification Card and
any and all 
3 firearms in
his or her possession. The Court shall return 
4 to the Department of State Police Firearm Owner's 
5 Identification Card Office the person's Firearm Owner's 
6 Identification Card;


7  (10) if convicted of a sex offense as defined in 
8 subsection (a-5) of Section 3-1-2 of this Code, unless the 
9 offender is a parent or guardian of the person under 18 
10 years of age present in the home and no non-familial minors 
11 are present, not participate in a holiday event involving 
12 children under 18 years of age, such as distributing candy 
13 or other items to children on Halloween, wearing a Santa 
14 Claus costume on or preceding Christmas, being employed as 
15 a department store Santa Claus, or wearing an Easter Bunny 
16 costume on or preceding Easter; 
17  (10.5) if convicted of a sex offense as defined in 
18 subsection (a-5) of Section 3-1-2 of this Code, attend on 
19 Halloween or on any other day in which children under 18 
20 years of age participate in Halloween activities a group 
21 meeting with other probationers convicted of sex offenses. 
22 The meeting shall be held at a time of day or night 
23 coinciding with the time set for Halloween activities by 
24 the municipality where the sex offender resides, or if the 
25 sex offender resides in an unincorporated area, the time 
26 set by the county where the sex offender resides, and at a 
 
 
HB5282- 29 -LRB098 17190 RLC 55276 b


1 location set by the probation officer assigned to the 
2 probationer. The meeting shall be supervised by a probation 
3 officer assigned by the Probation and Court Services 
4 Department; 
5  (11) if convicted of a sex offense as defined in 
6 Section 2 of the Sex Offender Registration Act committed on 
7 or after January 1, 2010 (the effective date of Public Act 
8 96-362) that requires the person to register as a sex 
9 offender under that Act, may not knowingly use any computer 
10 scrub software on any computer that the sex offender uses; 
11 and 
12  (12) if convicted of a violation of the Methamphetamine 
13 Control and Community Protection Act, the Methamphetamine

14 Precursor Control Act, or a methamphetamine related 
15 offense:
16   (A) prohibited from purchasing, possessing, or 
17 having under his or her control any product containing 
18 pseudoephedrine unless prescribed by a physician; and
19   (B) prohibited from purchasing, possessing, or 
20 having under his or her control any product containing 
21 ammonium nitrate.
22 (b) The Court may in addition to other reasonable 
23conditions relating to the
nature of the offense or the 
24rehabilitation of the defendant as determined for
each 
25defendant in the proper discretion of the Court require that 
26the person:


 
 
HB5282- 30 -LRB098 17190 RLC 55276 b


1  (1) serve a term of periodic imprisonment under Article 
2 7 for a
period not to exceed that specified in paragraph 
3 (d) of Section 5-7-1;


4  (2) pay a fine and costs;


5  (3) work or pursue a course of study or vocational 
6 training;


7  (4) undergo medical, psychological or psychiatric 
8 treatment; or treatment
for drug addiction or alcoholism;


9  (5) attend or reside in a facility established for the 
10 instruction
or residence of defendants on probation;


11  (6) support his dependents;


12  (7) and in addition, if a minor:


13   (i) reside with his parents or in a foster home;


14   (ii) attend school;


15   (iii) attend a non-residential program for youth;


16   (iv) contribute to his own support at home or in a 
17 foster home;


18   (v) with the consent of the superintendent of the

19 facility, attend an educational program at a facility 
20 other than the school
in which the
offense was 
21 committed if he
or she is convicted of a crime of 
22 violence as
defined in
Section 2 of the Crime Victims 
23 Compensation Act committed in a school, on the
real

24 property
comprising a school, or within 1,000 feet of 
25 the real property comprising a
school;


26  (8) make restitution as provided in Section 5-5-6 of 
 
 
HB5282- 31 -LRB098 17190 RLC 55276 b


1 this Code;


2  (9) perform some reasonable public or community 
3 service;


4  (10) serve a term of home confinement. In addition to 
5 any other
applicable condition of probation or conditional 
6 discharge, the
conditions of home confinement shall be that 
7 the offender:


8   (i) remain within the interior premises of the 
9 place designated for
his confinement during the hours 
10 designated by the court;


11   (ii) admit any person or agent designated by the 
12 court into the
offender's place of confinement at any 
13 time for purposes of verifying
the offender's 
14 compliance with the conditions of his confinement; and


15   (iii) if further deemed necessary by the court or 
16 the
Probation or
Court Services Department, be placed 
17 on an approved
electronic monitoring device, subject 
18 to Article 8A of Chapter V;


19   (iv) for persons convicted of any alcohol, 
20 cannabis or controlled
substance violation who are 
21 placed on an approved monitoring device as a
condition 
22 of probation or conditional discharge, the court shall 
23 impose a
reasonable fee for each day of the use of the 
24 device, as established by the
county board in 
25 subsection (g) of this Section, unless after 
26 determining the
inability of the offender to pay the 
 
 
HB5282- 32 -LRB098 17190 RLC 55276 b


1 fee, the court assesses a lesser fee or no
fee as the 
2 case may be. This fee shall be imposed in addition to 
3 the fees
imposed under subsections (g) and (i) of this 
4 Section. The fee shall be
collected by the clerk of the 
5 circuit court. The clerk of the circuit
court shall pay 
6 all monies collected from this fee to the county 
7 treasurer
for deposit in the substance abuse services 
8 fund under Section 5-1086.1 of
the Counties Code; and


9   (v) for persons convicted of offenses other than 
10 those referenced in
clause (iv) above and who are 
11 placed on an approved monitoring device as a
condition 
12 of probation or conditional discharge, the court shall 
13 impose
a reasonable fee for each day of the use of the 
14 device, as established by the
county board in 
15 subsection (g) of this Section, unless after 
16 determining the
inability of the defendant to pay the 
17 fee, the court assesses a lesser fee or
no fee as the 
18 case may be. This fee shall be imposed in addition to 
19 the fees
imposed under subsections (g) and (i) of this 
20 Section. The fee
shall be collected by the clerk of the 
21 circuit court. The clerk of the circuit
court shall pay 
22 all monies collected from this fee
to the county 
23 treasurer who shall use the monies collected to defray 
24 the
costs of corrections. The county treasurer shall 
25 deposit the fee
collected in the probation and court 
26 services fund.


 
 
HB5282- 33 -LRB098 17190 RLC 55276 b


1  (11) comply with the terms and conditions of an order 
2 of protection issued
by the court pursuant to the Illinois 
3 Domestic Violence Act of 1986,
as now or hereafter amended, 
4 or an order of protection issued by the court of
another 
5 state, tribe, or United States territory. A copy of the 
6 order of
protection shall be
transmitted to the probation 
7 officer or agency
having responsibility for the case;


8  (12) reimburse any "local anti-crime program" as 
9 defined in Section 7
of the Anti-Crime Advisory Council Act 
10 for any reasonable expenses incurred
by the program on the 
11 offender's case, not to exceed the maximum amount of
the 
12 fine authorized for the offense for which the defendant was 
13 sentenced;


14  (13) contribute a reasonable sum of money, not to 
15 exceed the maximum
amount of the fine authorized for the

16 offense for which the defendant was sentenced, (i) to a 
17 "local anti-crime
program", as defined in Section 7 of the 
18 Anti-Crime Advisory Council Act, or (ii) for offenses under 
19 the jurisdiction of the Department of Natural Resources, to 
20 the fund established by the Department of Natural Resources 
21 for the purchase of evidence for investigation purposes and 
22 to conduct investigations as outlined in Section 805-105 of 
23 the Department of Natural Resources (Conservation) Law;


24  (14) refrain from entering into a designated 
25 geographic area except upon
such terms as the court finds 
26 appropriate. Such terms may include
consideration of the 
 
 
HB5282- 34 -LRB098 17190 RLC 55276 b


1 purpose of the entry, the time of day, other persons

2 accompanying the defendant, and advance approval by a

3 probation officer, if
the defendant has been placed on 
4 probation or advance approval by the
court, if the 
5 defendant was placed on conditional discharge;


6  (15) refrain from having any contact, directly or 
7 indirectly, with
certain specified persons or particular 
8 types of persons, including but not
limited to members of 
9 street gangs and drug users or dealers;


10  (16) refrain from having in his or her body the 
11 presence of any illicit
drug prohibited by the Cannabis 
12 Control Act, the Illinois Controlled
Substances Act, or the 
13 Methamphetamine Control and Community Protection Act, 
14 unless prescribed by a physician, and submit samples of
his 
15 or her blood or urine or both for tests to determine the 
16 presence of any
illicit drug;

17  (17) if convicted for an offense committed on or after 
18 June 1, 2008 (the effective date of Public Act 95-464) that 
19 would qualify the accused as a child sex offender as 
20 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 
21 1961 or the Criminal Code of 2012, refrain from 
22 communicating with or contacting, by means of the Internet, 
23 a person who is related to the accused and whom the accused 
24 reasonably believes to be under 18 years of age; for 
25 purposes of this paragraph (17), "Internet" has the meaning 
26 ascribed to it in Section 16-0.1 of the Criminal Code of 
 
 
HB5282- 35 -LRB098 17190 RLC 55276 b


1 2012; and a person is related to the accused if the person 
2 is: (i) the spouse, brother, or sister of the accused; (ii) 
3 a descendant of the accused; (iii) a first or second cousin 
4 of the accused; or (iv) a step-child or adopted child of 
5 the accused;
6  (18) if convicted for an offense committed on or after 
7 June 1, 2009 (the effective date of Public Act 95-983) that 
8 would qualify as a sex offense as defined in the Sex 
9 Offender Registration Act:
10   (i) not access or use a computer or any other 
11 device with Internet capability without the prior 
12 written approval of the offender's probation officer, 
13 except in connection with the offender's employment or 
14 search for employment with the prior approval of the 
15 offender's probation officer;
16   (ii) submit to periodic unannounced examinations 
17 of the offender's computer or any other device with 
18 Internet capability by the offender's probation 
19 officer, a law enforcement officer, or assigned 
20 computer or information technology specialist, 
21 including the retrieval and copying of all data from 
22 the computer or device and any internal or external 
23 peripherals and removal of such information, 
24 equipment, or device to conduct a more thorough 
25 inspection;
26   (iii) submit to the installation on the offender's 
 
 
HB5282- 36 -LRB098 17190 RLC 55276 b


1 computer or device with Internet capability, at the 
2 subject's expense, of one or more hardware or software 
3 systems to monitor the Internet use; and
4   (iv) submit to any other appropriate restrictions 
5 concerning the offender's use of or access to a 
6 computer or any other device with Internet capability 
7 imposed by the offender's probation officer; and 
8  (19) refrain from possessing a firearm or other 
9 dangerous weapon where the offense is a misdemeanor that 
10 did not involve the intentional or knowing infliction of 
11 bodily harm or threat of bodily harm. 
12 (c) The court may as a condition of probation or of 
13conditional
discharge require that a person under 18 years of 
14age found guilty of any
alcohol, cannabis or controlled 
15substance violation, refrain from acquiring
a driver's license 
16during
the period of probation or conditional discharge. If 
17such person
is in possession of a permit or license, the court 
18may require that
the minor refrain from driving or operating 
19any motor vehicle during the
period of probation or conditional 
20discharge, except as may be necessary in
the course of the 
21minor's lawful employment.


22 (d) An offender sentenced to probation or to conditional 
23discharge
shall be given a certificate setting forth the 
24conditions thereof.


25 (e) Except where the offender has committed a fourth or 
26subsequent
violation of subsection (c) of Section 6-303 of the 
 
 
HB5282- 37 -LRB098 17190 RLC 55276 b


1Illinois Vehicle Code,
the court shall not require as a 
2condition of the sentence of
probation or conditional discharge 
3that the offender be committed to a
period of imprisonment in 
4excess of 6 months.
This 6 month limit shall not include 
5periods of confinement given pursuant to
a sentence of county 
6impact incarceration under Section 5-8-1.2.

7 Persons committed to imprisonment as a condition of 
8probation or
conditional discharge shall not be committed to 
9the Department of
Corrections.


10 (f) The court may combine a sentence of periodic 
11imprisonment under
Article 7 or a sentence to a county impact 
12incarceration program under
Article 8 with a sentence of 
13probation or conditional discharge.


14 (g) An offender sentenced to probation or to conditional 
15discharge and
who during the term of either undergoes mandatory 
16drug or alcohol testing,
or both, or is assigned to be placed 
17on an approved electronic monitoring
device, shall be ordered 
18to pay all costs incidental to such mandatory drug
or alcohol 
19testing, or both, and all costs
incidental to such approved 
20electronic monitoring in accordance with the
defendant's 
21ability to pay those costs. The county board with
the 
22concurrence of the Chief Judge of the judicial
circuit in which 
23the county is located shall establish reasonable fees for
the 
24cost of maintenance, testing, and incidental expenses related 
25to the
mandatory drug or alcohol testing, or both, and all 
26costs incidental to
approved electronic monitoring, involved 
 
 
HB5282- 38 -LRB098 17190 RLC 55276 b


1in a successful probation program
for the county. The 
2concurrence of the Chief Judge shall be in the form of
an 
3administrative order.
The fees shall be collected by the clerk 
4of the circuit court. The clerk of
the circuit court shall pay 
5all moneys collected from these fees to the county
treasurer 
6who shall use the moneys collected to defray the costs of
drug 
7testing, alcohol testing, and electronic monitoring.
The 
8county treasurer shall deposit the fees collected in the
county 
9working cash fund under Section 6-27001 or Section 6-29002 of 
10the
Counties Code, as the case may be.


11 (h) Jurisdiction over an offender may be transferred from 
12the
sentencing court to the court of another circuit with the 
13concurrence of
both courts. Further transfers or retransfers of

14jurisdiction are also
authorized in the same manner. The court 
15to which jurisdiction has been
transferred shall have the same 
16powers as the sentencing court.
The probation department within 
17the circuit to which jurisdiction has been transferred, or 
18which has agreed to provide supervision, may impose probation 
19fees upon receiving the transferred offender, as provided in 
20subsection (i). For all transfer cases, as defined in Section 
219b of the Probation and Probation Officers Act, the probation 
22department from the original sentencing court shall retain all 
23probation fees collected prior to the transfer. After the 
24transfer
all probation fees shall be paid to the probation 
25department within the
circuit to which jurisdiction has been 
26transferred.

 
 
HB5282- 39 -LRB098 17190 RLC 55276 b


1 (i) The court shall impose upon an offender
sentenced to 
2probation after January 1, 1989 or to conditional discharge

3after January 1, 1992 or to community service under the 
4supervision of a
probation or court services department after 
5January 1, 2004, as a condition of such probation or 
6conditional
discharge or supervised community service, a fee of 
7$50
for each month of probation or
conditional
discharge 
8supervision or supervised community service ordered by the 
9court, unless after
determining the inability of the person 
10sentenced to probation or conditional
discharge or supervised 
11community service to pay the
fee, the court assesses a lesser 
12fee. The court may not impose the fee on a
minor who is made a 
13ward of the State under the Juvenile Court Act of 1987
while 
14the minor is in placement.
The fee shall be imposed only upon

15an offender who is actively supervised by the
probation and 
16court services
department. The fee shall be collected by the 
17clerk
of the circuit court. The clerk of the circuit court 
18shall pay all monies
collected from this fee to the county 
19treasurer for deposit in the
probation and court services fund 
20under Section 15.1 of the
Probation and Probation Officers Act.

21 A circuit court may not impose a probation fee under this 
22subsection (i) in excess of $25
per month unless the circuit 
23court has adopted, by administrative
order issued by the chief 
24judge, a standard probation fee guide
determining an offender's 
25ability to pay Of the
amount collected as a probation fee, up 
26to $5 of that fee
collected per month may be used to provide 
 
 
HB5282- 40 -LRB098 17190 RLC 55276 b


1services to crime victims
and their families.
2 The Court may only waive probation fees based on an 
3offender's ability to pay. The probation department may 
4re-evaluate an offender's ability to pay every 6 months, and, 
5with the approval of the Director of Court Services or the 
6Chief Probation Officer, adjust the monthly fee amount. An 
7offender may elect to pay probation fees due in a lump sum.
Any 
8offender that has been assigned to the supervision of a 
9probation department, or has been transferred either under 
10subsection (h) of this Section or under any interstate compact, 
11shall be required to pay probation fees to the department 
12supervising the offender, based on the offender's ability to 
13pay.


14 This amendatory Act of the 93rd General Assembly deletes 
15the $10 increase in the fee under this subsection that was 
16imposed by Public Act 93-616. This deletion is intended to 
17control over any other Act of the 93rd General Assembly that 
18retains or incorporates that fee increase.
19 (i-5) In addition to the fees imposed under subsection (i) 
20of this Section, in the case of an offender convicted of a 
21felony sex offense (as defined in the Sex Offender Management 
22Board Act) or an offense that the court or probation department 
23has determined to be sexually motivated (as defined in the Sex 
24Offender Management Board Act), the court or the probation 
25department shall assess additional fees to pay for all costs of 
26treatment, assessment, evaluation for risk and treatment, and 
 
 
HB5282- 41 -LRB098 17190 RLC 55276 b


1monitoring the offender, based on that offender's ability to 
2pay those costs either as they occur or under a payment plan.
3 (j) All fines and costs imposed under this Section for any 
4violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle 
5Code, or a similar
provision of a local ordinance, and any 
6violation of the Child Passenger
Protection Act, or a similar 
7provision of a local ordinance, shall be
collected and 
8disbursed by the circuit clerk as provided under Section 27.5

9of the Clerks of Courts Act.


10 (k) Any offender who is sentenced to probation or 
11conditional discharge for a felony sex offense as defined in 
12the Sex Offender Management Board Act or any offense that the 
13court or probation department has determined to be sexually 
14motivated as defined in the Sex Offender Management Board Act 
15shall be required to refrain from any contact, directly or 
16indirectly, with any persons specified by the court and shall 
17be available for all evaluations and treatment programs 
18required by the court or the probation department.

19 (l) The court may order an offender who is sentenced to 
20probation or conditional
discharge for a violation of an order 
21of protection be placed under electronic surveillance as 
22provided in Section 5-8A-7 of this Code. 
23(Source: P.A. 97-454, eff. 1-1-12; 97-560, eff. 1-1-12; 97-597, 
24eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1131, eff. 1-1-13; 
2597-1150, eff. 1-25-13; 98-575, eff. 1-1-14.)



 
 
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1 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)


2 Sec. 5-6-3.1. Incidents and Conditions of Supervision. 

3 (a) When a defendant is placed on supervision, the court 
4shall enter
an order for supervision specifying the period of 
5such supervision, and
shall defer further proceedings in the 
6case until the conclusion of the
period.

7 (b) The period of supervision shall be reasonable under all 
8of the
circumstances of the case, but may not be longer than 2 
9years, unless the
defendant has failed to pay the assessment 
10required by Section 10.3 of the
Cannabis Control Act,
Section 
11411.2 of the Illinois Controlled
Substances Act, or Section 80 
12of the Methamphetamine Control and Community Protection Act, in 
13which case the court may extend supervision beyond 2 years.

14Additionally, the court shall order the defendant to perform no 
15less than 30
hours of community service and not more than 120 
16hours of community service, if
community service is available 
17in the
jurisdiction and is funded and approved by the county 
18board where the offense
was committed,
when the offense (1) was

19related to or in furtherance of the criminal activities of an 
20organized gang or
was motivated by the defendant's membership 
21in or allegiance to an organized
gang; or (2) is a violation of 
22any Section of Article 24 of the Criminal
Code of 1961 or the 
23Criminal Code of 2012 where a disposition of supervision is not 
24prohibited by Section
5-6-1 of this Code.
The
community service 
25shall include, but not be limited to, the cleanup and repair
of 
26any damage caused by violation of Section 21-1.3 of the 
 
 
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1Criminal Code of
1961 or the Criminal Code of 2012 and similar 
2damages to property located within the municipality or county

3in which the violation occurred. Where possible and reasonable, 
4the community
service should be performed in the offender's 
5neighborhood.

6 For the purposes of this
Section, "organized gang" has the 
7meaning ascribed to it in Section 10 of the
Illinois Streetgang 
8Terrorism Omnibus Prevention Act.

9 (c) The court may in addition to other reasonable 
10conditions
relating to the nature of the offense or the 
11rehabilitation of the
defendant as determined for each 
12defendant in the proper discretion of
the court require that 
13the person:


14  (1) make a report to and appear in person before or 
15 participate with
the court or such courts, person, or 
16 social service agency as directed
by the court in the order 
17 of supervision;


18  (2) pay a fine and costs;


19  (3) work or pursue a course of study or vocational 
20 training;


21  (4) undergo medical, psychological or psychiatric 
22 treatment; or
treatment for drug addiction or alcoholism;


23  (5) attend or reside in a facility established for the 
24 instruction
or residence of defendants on probation;


25  (6) support his dependents;


26  (7) refrain from possessing a firearm or other 
 
 
HB5282- 44 -LRB098 17190 RLC 55276 b


1 dangerous weapon;


2  (8) and in addition, if a minor:


3   (i) reside with his parents or in a foster home;


4   (ii) attend school;


5   (iii) attend a non-residential program for youth;


6   (iv) contribute to his own support at home or in a 
7 foster home; or


8   (v) with the consent of the superintendent of the

9 facility, attend an educational program at a facility 
10 other than the school
in which the
offense was 
11 committed if he
or she is placed on supervision for a 
12 crime of violence as
defined in
Section 2 of the Crime 
13 Victims Compensation Act committed in a school, on the

14 real
property
comprising a school, or within 1,000 feet 
15 of the real property comprising a
school;


16  (9) make restitution or reparation in an amount not to 
17 exceed actual
loss or damage to property and pecuniary loss 
18 or make restitution under Section
5-5-6 to a domestic 
19 violence shelter. The court shall
determine the amount and 
20 conditions of payment;


21  (10) perform some reasonable public or community 
22 service;


23  (11) comply with the terms and conditions of an order 
24 of protection
issued by the court pursuant to the Illinois 
25 Domestic Violence Act of 1986 or
an order of protection 
26 issued by the court of another state, tribe, or United

 
 
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1 States territory.
If the court has ordered the defendant to 
2 make a report and appear in
person under paragraph (1) of 
3 this subsection, a copy of the order of
protection shall be 
4 transmitted to the person or agency so designated
by the 
5 court;


6  (12) reimburse any "local anti-crime program" as 
7 defined in Section 7 of
the Anti-Crime Advisory Council Act 
8 for any reasonable expenses incurred by the
program on the 
9 offender's case, not to exceed the maximum amount of the

10 fine authorized for the offense for which the defendant was 
11 sentenced;


12  (13) contribute a reasonable sum of money, not to

13 exceed the maximum amount of the fine authorized for the 
14 offense for which
the defendant was sentenced, (i) to a 
15 "local anti-crime program", as defined
in Section 7 of the 
16 Anti-Crime Advisory Council Act, or (ii) for offenses under 
17 the jurisdiction of the Department of Natural Resources, to 
18 the fund established by the Department of Natural Resources 
19 for the purchase of evidence for investigation purposes and 
20 to conduct investigations as outlined in Section 805-105 of 
21 the Department of Natural Resources (Conservation) Law;


22  (14) refrain from entering into a designated 
23 geographic area except
upon such terms as the court finds 
24 appropriate. Such terms may include
consideration of the 
25 purpose of the entry, the time of day, other persons

26 accompanying the defendant, and advance approval by a 
 
 
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1 probation officer;


2  (15) refrain from having any contact, directly or 
3 indirectly, with
certain specified persons or particular 
4 types of person, including but not
limited to members of 
5 street gangs and drug users or dealers;


6  (16) refrain from having in his or her body the 
7 presence of any illicit
drug prohibited by the Cannabis 
8 Control Act, the Illinois Controlled
Substances Act, or the 
9 Methamphetamine Control and Community Protection Act, 
10 unless prescribed by a physician, and submit samples of
his 
11 or her blood or urine or both for tests to determine the 
12 presence of any
illicit drug;


13  (17) refrain from operating any motor vehicle not 
14 equipped with an
ignition interlock device as defined in 
15 Section 1-129.1 of the Illinois
Vehicle Code; under this 
16 condition the court may allow a defendant who is not

17 self-employed to operate a vehicle owned by the defendant's 
18 employer that is
not equipped with an ignition interlock 
19 device in the course and scope of the
defendant's 
20 employment; and


21  (18) if placed on supervision for a sex offense as 
22 defined in subsection (a-5) of Section 3-1-2 of this Code, 
23 unless the offender is a parent or guardian of the person 
24 under 18 years of age present in the home and no 
25 non-familial minors are present, not participate in a 
26 holiday event involving
children
under 18 years of age, 
 
 
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1 such as distributing candy or other items to children on

2 Halloween,
wearing a Santa Claus costume on or preceding 
3 Christmas, being employed as a
department store Santa 
4 Claus, or wearing an Easter Bunny costume on or
preceding

5 Easter; and .
6  (18.5) if placed on supervision for a sex offense as 
7 defined in subsection (a-5) of Section 3-1-2 of this Code, 
8 attend on Halloween or on any other day in which children 
9 under 18 years of age participate in Halloween activities a 
10 group meeting with other persons placed on supervision for 
11 sex offenses. The meeting shall be held at a time of day or 
12 night coinciding with the time set for Halloween activities 
13 by the municipality where the sex offender resides, or if 
14 the sex offender resides in an unincorporated area, the 
15 time set by the county where the sex offender resides, and 
16 at a location set by the Probation and Court Services 
17 Department. The meeting shall be supervised by a person 
18 assigned by the Probation and Court Services Department. 
19 (d) The court shall defer entering any judgment on the 
20charges
until the conclusion of the supervision.

21 (e) At the conclusion of the period of supervision, if the 
22court
determines that the defendant has successfully complied 
23with all of the
conditions of supervision, the court shall 
24discharge the defendant and
enter a judgment dismissing the 
25charges.

26 (f) Discharge and dismissal upon a successful conclusion of 
 
 
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1a
disposition of supervision shall be deemed without 
2adjudication of guilt
and shall not be termed a conviction for 
3purposes of disqualification or
disabilities imposed by law 
4upon conviction of a crime. Two years after the
discharge and 
5dismissal under this Section, unless the disposition of

6supervision was for a violation of Sections 3-707, 3-708, 
73-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a 
8similar
provision of a local ordinance, or for a violation of 
9Sections 12-3.2, 16-25,
or 16A-3 of the Criminal Code of 1961 
10or the Criminal Code of 2012, in which case it shall be 5
years 
11after discharge and dismissal, a person may have his record
of 
12arrest sealed or expunged as may be provided by law. However, 
13any
defendant placed on supervision before January 1, 1980, may 
14move for
sealing or expungement of his arrest record, as 
15provided by law, at any
time after discharge and dismissal 
16under this Section.
A person placed on supervision for a sexual 
17offense committed against a minor
as defined in clause 
18(a)(1)(L) of Section 5.2 of the Criminal Identification Act
or 
19for a violation of Section 11-501 of the Illinois Vehicle Code 
20or a
similar provision of a local ordinance
shall not have his 
21or her record of arrest sealed or expunged.

22 (g) A defendant placed on supervision and who during the 
23period of
supervision undergoes mandatory drug or alcohol 
24testing, or both, or is
assigned to be placed on an approved 
25electronic monitoring device, shall be
ordered to pay the costs 
26incidental to such mandatory drug or alcohol
testing, or both, 
 
 
HB5282- 49 -LRB098 17190 RLC 55276 b


1and costs incidental to such approved electronic
monitoring in 
2accordance with the defendant's ability to pay those costs.
The 
3county board with the concurrence of the Chief Judge of the 
4judicial
circuit in which the county is located shall establish 
5reasonable fees for
the cost of maintenance, testing, and 
6incidental expenses related to the
mandatory drug or alcohol 
7testing, or both, and all costs incidental to
approved 
8electronic monitoring, of all defendants placed on 
9supervision.
The concurrence of the Chief Judge shall be in the 
10form of an
administrative order.
The fees shall be collected by 
11the clerk of the circuit court. The clerk of
the circuit court 
12shall pay all moneys collected from these fees to the county

13treasurer who shall use the moneys collected to defray the 
14costs of
drug testing, alcohol testing, and electronic 
15monitoring.
The county treasurer shall deposit the fees 
16collected in the
county working cash fund under Section 6-27001 
17or Section 6-29002 of the
Counties Code, as the case may be.

18 (h) A disposition of supervision is a final order for the 
19purposes
of appeal.

20 (i) The court shall impose upon a defendant placed on 
21supervision
after January 1, 1992 or to community service under 
22the supervision of a
probation or court services department 
23after January 1, 2004, as a condition
of supervision or 
24supervised community service, a fee of $50 for
each month of 
25supervision or supervised community service ordered by the

26court, unless after
determining the inability of the person 
 
 
HB5282- 50 -LRB098 17190 RLC 55276 b


1placed on supervision or supervised
community service to pay 
2the
fee, the court assesses a lesser fee. The court may not 
3impose the fee on a
minor who is made a ward of the State under 
4the Juvenile Court Act of 1987
while the minor is in placement.

5The fee shall be imposed only upon a
defendant who is actively 
6supervised by the
probation and court services
department. The 
7fee shall be collected by the clerk of the circuit court.
The 
8clerk of the circuit court shall pay all monies collected from 
9this fee
to the county treasurer for deposit in the probation 
10and court services
fund pursuant to Section 15.1 of the 
11Probation and
Probation Officers Act.

12 A circuit court may not impose a probation fee in excess of 
13$25
per month unless the circuit court has adopted, by 
14administrative
order issued by the chief judge, a standard 
15probation fee guide
determining an offender's ability to pay. 
16Of the
amount collected as a probation fee, not to exceed $5 of 
17that fee
collected per month may be used to provide services to 
18crime victims
and their families.
19 The Court may only waive probation fees based on an 
20offender's ability to pay. The probation department may 
21re-evaluate an offender's ability to pay every 6 months, and, 
22with the approval of the Director of Court Services or the 
23Chief Probation Officer, adjust the monthly fee amount. An 
24offender may elect to pay probation fees due in a lump sum.
Any 
25offender that has been assigned to the supervision of a 
26probation department, or has been transferred either under 
 
 
HB5282- 51 -LRB098 17190 RLC 55276 b


1subsection (h) of this Section or under any interstate compact, 
2shall be required to pay probation fees to the department 
3supervising the offender, based on the offender's ability to 
4pay.

5 (j) All fines and costs imposed under this Section for any

6violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle 
7Code, or a
similar provision of a local ordinance, and any 
8violation of the Child
Passenger Protection Act, or a similar 
9provision of a local ordinance, shall
be collected and 
10disbursed by the circuit clerk as provided under Section
27.5 
11of the Clerks of Courts Act.

12 (k) A defendant at least 17 years of age who is placed on 
13supervision
for a misdemeanor in a county of 3,000,000 or more 
14inhabitants
and who has not been previously convicted of a 
15misdemeanor or felony
may as a condition of his or her 
16supervision be required by the court to
attend educational 
17courses designed to prepare the defendant for a high school

18diploma and to work toward a high school diploma or to work 
19toward passing the
high school level Test of General 
20Educational Development (GED) or to work
toward completing a 
21vocational training program approved by the court. The

22defendant placed on supervision must attend a public 
23institution of education
to obtain the educational or 
24vocational training required by this subsection
(k). The 
25defendant placed on supervision shall be required to pay for 
26the cost
of the educational courses or GED test, if a fee is 
 
 
HB5282- 52 -LRB098 17190 RLC 55276 b


1charged for those courses
or test. The court shall revoke the 
2supervision of a person who wilfully fails
to comply with this 
3subsection (k). The court shall resentence the defendant
upon 
4revocation of supervision as provided in Section 5-6-4. This 
5subsection
(k) does not apply to a defendant who has a high 
6school diploma or has
successfully passed the GED test. This 
7subsection (k) does not apply to a
defendant who is determined 
8by the court to be developmentally disabled or
otherwise 
9mentally incapable of completing the
educational or vocational 
10program.

11 (l) The court shall require a defendant placed on 
12supervision for
possession of a substance
prohibited by the 
13Cannabis Control Act, the Illinois Controlled Substances Act, 
14or the Methamphetamine Control and Community Protection Act

15after a previous conviction or disposition of supervision for 
16possession of a
substance prohibited by the Cannabis Control 
17Act, the Illinois Controlled
Substances Act, or the 
18Methamphetamine Control and Community Protection Act or a 
19sentence of probation under Section 10 of the Cannabis
Control 
20Act or Section 410 of the Illinois Controlled Substances Act

21and after a finding by the court that the person is addicted, 
22to undergo
treatment at a substance abuse program approved by 
23the court.

24 (m) The Secretary of State shall require anyone placed on 
25court supervision
for a
violation of Section 3-707 of the 
26Illinois Vehicle Code or a similar provision
of a local 
 
 
HB5282- 53 -LRB098 17190 RLC 55276 b


1ordinance
to give proof of his or her financial
responsibility 
2as
defined in Section 7-315 of the Illinois Vehicle Code. The 
3proof shall be
maintained by the individual in a manner 
4satisfactory to the Secretary of State
for
a
minimum period of 
53 years after the date the proof is first filed.
The proof 
6shall be limited to a single action per arrest and may not be

7affected by any post-sentence disposition. The Secretary of 
8State shall
suspend the driver's license of any person

9determined by the Secretary to be in violation of this 
10subsection.
11 (n) Any offender placed on supervision for any offense that 
12the court or probation department has determined to be sexually 
13motivated as defined in the Sex Offender Management Board Act 
14shall be required to refrain from any contact, directly or 
15indirectly, with any persons specified by the court and shall 
16be available for all evaluations and treatment programs 
17required by the court or the probation department.


18 (o) An offender placed on supervision for a sex offense as 
19defined in the Sex Offender
Management Board Act shall refrain 
20from residing at the same address or in the same condominium 
21unit or apartment unit or in the same condominium complex or 
22apartment complex with another person he or she knows or 
23reasonably should know is a convicted sex offender or has been 
24placed on supervision for a sex offense. The provisions of this 
25subsection (o) do not apply to a person convicted of a sex 
26offense who is placed in a Department of Corrections licensed 
 
 
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1transitional housing facility for sex offenders.
2 (p) An offender placed on supervision for an offense 
3committed on or after June 1, 2008
(the effective date of 
4Public Act 95-464)
that would qualify the accused as a child 
5sex offender as defined in Section 11-9.3 or 11-9.4 of the 
6Criminal Code of 1961 or the Criminal Code of 2012 shall 
7refrain from communicating with or contacting, by means of the 
8Internet, a person who is not related to the accused and whom 
9the accused reasonably believes to be under 18 years of age. 
10For purposes of this subsection (p), "Internet" has the meaning 
11ascribed to it in Section 16-0.1 of the Criminal Code of 2012; 
12and a person is not related to the accused if the person is 
13not: (i) the spouse, brother, or sister of the accused; (ii) a 
14descendant of the accused; (iii) a first or second cousin of 
15the accused; or (iv) a step-child or adopted child of the 
16accused.

17 (q) An offender placed on supervision for an offense 
18committed on or after June 1, 2008
(the effective date of 
19Public Act 95-464)
that would qualify the accused as a child 
20sex offender as defined in Section 11-9.3 or 11-9.4 of the 
21Criminal Code of 1961 or the Criminal Code of 2012 shall, if so 
22ordered by the court, refrain from communicating with or 
23contacting, by means of the Internet, a person who is related 
24to the accused and whom the accused reasonably believes to be 
25under 18 years of age. For purposes of this subsection (q), 
26"Internet" has the meaning ascribed to it in Section 16-0.1 of 
 
 
HB5282- 55 -LRB098 17190 RLC 55276 b


1the Criminal Code of 2012; and a person is related to the 
2accused if the person is: (i) the spouse, brother, or sister of 
3the accused; (ii) a descendant of the accused; (iii) a first or 
4second cousin of the accused; or (iv) a step-child or adopted 
5child of the accused.

6 (r) An offender placed on supervision for an offense under 
7Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a 
8juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 
911-21 of the Criminal Code of 1961 or the Criminal Code of 
102012, or any attempt to commit any of these offenses, committed 
11on or after the effective date of this amendatory Act of the 
1295th General Assembly shall:
13  (i) not access or use a computer or any other device 
14 with Internet capability without the prior written 
15 approval of the court, except in connection with the 
16 offender's employment or search for employment with the 
17 prior approval of the court;
18  (ii) submit to periodic unannounced examinations of 
19 the offender's computer or any other device with Internet 
20 capability by the offender's probation officer, a law 
21 enforcement officer, or assigned computer or information 
22 technology specialist, including the retrieval and copying 
23 of all data from the computer or device and any internal or 
24 external peripherals and removal of such information, 
25 equipment, or device to conduct a more thorough inspection;
26  (iii) submit to the installation on the offender's 
 
 
HB5282- 56 -LRB098 17190 RLC 55276 b


1 computer or device with Internet capability, at the 
2 offender's expense, of one or more hardware or software 
3 systems to monitor the Internet use; and
4  (iv) submit to any other appropriate restrictions 
5 concerning the offender's use of or access to a computer or 
6 any other device with Internet capability imposed by the 
7 court. 
8 (s) An offender placed on supervision for an offense that 
9is a sex offense as defined in Section 2 of the Sex Offender 
10Registration Act that is committed on or after January 1, 2010 
11(the effective date of Public Act 96-362) that requires the 
12person to register as a sex offender under that Act, may not 
13knowingly use any computer scrub software on any computer that 
14the sex offender uses. 
15 (t) An offender placed on supervision for a sex offense as 
16defined in the Sex Offender
Registration Act committed on or 
17after January 1, 2010 (the effective date of Public Act 96-262) 
18shall refrain from accessing or using a social networking 
19website as defined in Section 17-0.5 of the Criminal Code of 
202012. 
21 (u) Jurisdiction over an offender may be transferred from 
22the sentencing court to the court of another circuit with the 
23concurrence of both courts. Further transfers or retransfers of 
24jurisdiction are also authorized in the same manner. The court 
25to which jurisdiction has been transferred shall have the same 
26powers as the sentencing court. The probation department within 
 
 
HB5282- 57 -LRB098 17190 RLC 55276 b


1the circuit to which jurisdiction has been transferred may 
2impose probation fees upon receiving the transferred offender, 
3as provided in subsection (i). The probation department from 
4the original sentencing court shall retain all probation fees 
5collected prior to the transfer. 
6(Source: P.A. 96-262, eff. 1-1-10; 96-362, eff. 1-1-10; 96-409, 
7eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1414, eff. 1-1-11; 
896-1551, Article 2, Section 1065, eff. 7-1-11; 96-1551, Article 
910, Section 10-150, eff. 7-1-11; 97-454, eff. 1-1-12; 97-597, 
10eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)