98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB5950

Introduced , by Rep. Ed Sullivan, Jr.

SYNOPSIS AS INTRODUCED:

`730 ILCS 5/5-6-2`	`from Ch. 38, par. 1005-6-2`
`730 ILCS 5/5-6-3.1`	`from Ch. 38, par. 1005-6-3.1`

Amends the Unified Code of Corrections concerning restitution payments by persons on probation, conditional discharge, or supervision. Provides that if payment of restitution as ordered has not been made, the victim

shall file a
petition notifying the sentencing court, any other person to

whom restitution is owed, and
the State's Attorney of the status of the

ordered restitution payments unpaid at least 90
days before the probation,

conditional discharge, or supervision expiration date. Provides that if

payment as ordered has not been made, the
court shall hold a review hearing

prior to the expiration date, unless the hearing
is voluntarily waived by

the defendant with the knowledge that waiver may result in an
extension of

the probation, conditional discharge, or supervision period or in a revocation of probation, conditional discharge, or supervision. Provides

that if the court does not
extend probation, conditional discharge, or

supervision, it shall issue a judgment for the unpaid restitution and

direct the clerk
of circuit court to file and enter the judgment in the

judgment and lien docket, without
fee, unless it finds that the victim has

already recovered a judgment against the
defendant for the amount covered

by the restitution order. Provides that if the court issues a
judgment for

the unpaid restitution, the court shall send to the defendant at his or her

last known
address written notification that a civil judgment has been

issued for the unpaid
restitution.

LRB098 18667 RLC 53810 b

A BILL FOR

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LRB098 18667 RLC 53810 b

1 AN ACT concerning criminal law.

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

3 represented in the General Assembly:

4 Section 5. The Unified Code of Corrections is amended by

5 changing Sections 5-6-2 and 5-6-3.1 as follows:

6 (730 ILCS 5/5-6-2) (from Ch. 38, par. 1005-6-2)

7 Sec. 5-6-2. Incidents of Probation and of Conditional

8 Discharge.

9 (a) When an offender is sentenced to probation or

10 conditional discharge, the court shall impose a period as

11 provided in Article 4.5 of Chapter V, and shall specify the

12 conditions under Section 5-6-3.

13 (b) Multiple terms of probation imposed at the same time

14 shall run concurrently.

15 (c) The court may at any time terminate probation or

16 conditional discharge if warranted by the conduct of the

17 offender and the ends of justice, as provided in Section 5-6-4.

18 (d) Upon the expiration or termination of the period of

19 probation or of conditional discharge, the court shall enter an

20 order discharging the offender.

21 (e) The court may extend any period of probation or

22 conditional discharge beyond the limits set forth in Article

23 4.5 of Chapter V upon a violation of a condition of the

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1 probation or conditional discharge, for the payment of an

2 assessment required by Section 10.3 of the Cannabis Control

3 Act, Section 411.2 of the Illinois Controlled Substances Act,

4 or Section 80 of the Methamphetamine Control and Community

5 Protection Act, or for the payment of restitution as provided

6 by an order of restitution under Section 5-5-6 of this Code.

7 (e-5) If payment of restitution as ordered has not been

8 made, the victim shall file a petition notifying the sentencing

9 court, any other person to whom restitution is owed, and the

10 State's Attorney of the status of the ordered restitution

11 payments unpaid at least 90 days before the probation or

12 conditional discharge expiration date. If payment as ordered

13 has not been made, the court shall hold a review hearing prior

14 to the expiration date, unless the hearing is voluntarily

15 waived by the defendant with the knowledge that waiver may

16 result in an extension of the probation or conditional

17 discharge period or in a revocation of probation or conditional

18 discharge. If the court does not extend probation or

19 conditional discharge, it shall issue a judgment for the unpaid

20 restitution and direct the clerk of the circuit court to file

21 and enter the judgment in the judgment and lien docket, without

22 fee, unless it finds that the victim has recovered a judgment

23 against the defendant for the amount covered by the restitution

24 order. If the court issues a judgment for the unpaid

25 restitution, the court shall send to the defendant at his or

26 her last known address written notification that a civil

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1 judgment has been issued for the unpaid restitution.

2 (f) The court may impose a term of probation that is

3 concurrent or consecutive to a term of imprisonment so long as

4 the maximum term imposed does not exceed the maximum term

5 provided under Article 4.5 of Chapter V or Article 8 of this

6 Chapter. The court may provide that probation may commence

7 while an offender is on mandatory supervised release,

8 participating in a day release program, or being monitored by

9 an electronic monitoring device.

10 (Source: P.A. 94-556, eff. 9-11-05; 95-1052, eff. 7-1-09.)

11 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)

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

13 (a) When a defendant is placed on supervision, the court

14 shall enter an order for supervision specifying the period of

15 such supervision, and shall defer further proceedings in the

16 case until the conclusion of the period.

17 (b) The period of supervision shall be reasonable under all

18 of the circumstances of the case, but may not be longer than 2

19 years, unless the defendant has failed to pay the assessment

20 required by Section 10.3 of the Cannabis Control Act, Section

21 411.2 of the Illinois Controlled Substances Act, or Section 80

22 of the Methamphetamine Control and Community Protection Act, in

23 which case the court may extend supervision beyond 2 years.

24 Additionally, the court shall order the defendant to perform no

25 less than 30 hours of community service and not more than 120

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1 hours of community service, if community service is available

2 in the jurisdiction and is funded and approved by the county

3 board where the offense was committed, when the offense (1) was

4 related to or in furtherance of the criminal activities of an

5 organized gang or was motivated by the defendant's membership

6 in or allegiance to an organized gang; or (2) is a violation of

7 any Section of Article 24 of the Criminal Code of 1961 or the

8 Criminal Code of 2012 where a disposition of supervision is not

9 prohibited by Section 5-6-1 of this Code. The community service

10 shall include, but not be limited to, the cleanup and repair of

11 any damage caused by violation of Section 21-1.3 of the

12 Criminal Code of 1961 or the Criminal Code of 2012 and similar

13 damages to property located within the municipality or county

14 in which the violation occurred. Where possible and reasonable,

15 the community service should be performed in the offender's

16 neighborhood.

17 For the purposes of this Section, "organized gang" has the

18 meaning ascribed to it in Section 10 of the Illinois Streetgang

19 Terrorism Omnibus Prevention Act.

20 (c) The court may in addition to other reasonable

21 conditions relating to the nature of the offense or the

22 rehabilitation of the defendant as determined for each

23 defendant in the proper discretion of the court require that

24 the person:

25 (1) make a report to and appear in person before or

26 participate with the court or such courts, person, or

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1 social service agency as directed by the court in the order

2 of supervision;

3 (2) pay a fine and costs;

4 (3) work or pursue a course of study or vocational

5 training;

6 (4) undergo medical, psychological or psychiatric

7 treatment; or treatment for drug addiction or alcoholism;

8 (5) attend or reside in a facility established for the

9 instruction or residence of defendants on probation;

10 (6) support his dependents;

11 (7) refrain from possessing a firearm or other

12 dangerous weapon;

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

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

15 (ii) attend school;

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

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

18 foster home; or

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

20 facility, attend an educational program at a facility

21 other than the school in which the offense was

22 committed if he or she is placed on supervision for a

23 crime of violence as defined in Section 2 of the Crime

24 Victims Compensation Act committed in a school, on the

25 real property comprising a school, or within 1,000 feet

26 of the real property comprising a school;

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1 (9) make restitution or reparation in an amount not to

2 exceed actual loss or damage to property and pecuniary loss

3 or make restitution under Section 5-5-6 to a domestic

4 violence shelter. The court shall determine the amount and

5 conditions of payment;

6 (10) perform some reasonable public or community

7 service;

8 (11) comply with the terms and conditions of an order

9 of protection issued by the court pursuant to the Illinois

10 Domestic Violence Act of 1986 or an order of protection

11 issued by the court of another state, tribe, or United

12 States territory. If the court has ordered the defendant to

13 make a report and appear in person under paragraph (1) of

14 this subsection, a copy of the order of protection shall be

15 transmitted to the person or agency so designated by the

16 court;

17 (12) reimburse any "local anti-crime program" as

18 defined in Section 7 of the Anti-Crime Advisory Council Act

19 for any reasonable expenses incurred by the program on the

20 offender's case, not to exceed the maximum amount of the

21 fine authorized for the offense for which the defendant was

22 sentenced;

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

24 exceed the maximum amount of the fine authorized for the

25 offense for which the defendant was sentenced, (i) to a

26 "local anti-crime program", as defined in Section 7 of the

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1 Anti-Crime Advisory Council Act, or (ii) for offenses under

2 the jurisdiction of the Department of Natural Resources, to

3 the fund established by the Department of Natural Resources

4 for the purchase of evidence for investigation purposes and

5 to conduct investigations as outlined in Section 805-105 of

6 the Department of Natural Resources (Conservation) Law;

7 (14) refrain from entering into a designated

8 geographic area except upon such terms as the court finds

9 appropriate. Such terms may include consideration of the

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

11 accompanying the defendant, and advance approval by a

12 probation officer;

13 (15) refrain from having any contact, directly or

14 indirectly, with certain specified persons or particular

15 types of person, including but not limited to members of

16 street gangs and drug users or dealers;

17 (16) refrain from having in his or her body the

18 presence of any illicit drug prohibited by the Cannabis

19 Control Act, the Illinois Controlled Substances Act, or the

20 Methamphetamine Control and Community Protection Act,

21 unless prescribed by a physician, and submit samples of his

22 or her blood or urine or both for tests to determine the

23 presence of any illicit drug;

24 (17) refrain from operating any motor vehicle not

25 equipped with an ignition interlock device as defined in

26 Section 1-129.1 of the Illinois Vehicle Code; under this

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1 condition the court may allow a defendant who is not

2 self-employed to operate a vehicle owned by the defendant's

3 employer that is not equipped with an ignition interlock

4 device in the course and scope of the defendant's

5 employment; and

6 (18) if placed on supervision for a sex offense as

7 defined in subsection (a-5) of Section 3-1-2 of this Code,

8 unless the offender is a parent or guardian of the person

9 under 18 years of age present in the home and no

10 non-familial minors are present, not participate in a

11 holiday event involving children under 18 years of age,

12 such as distributing candy or other items to children on

13 Halloween, wearing a Santa Claus costume on or preceding

14 Christmas, being employed as a department store Santa

15 Claus, or wearing an Easter Bunny costume on or preceding

16 Easter.

17 (c-5) If payment of restitution as ordered has not been

18 made, the victim shall file a petition notifying the sentencing

19 court, any other person to whom restitution is owed, and the

20 State's Attorney of the status of the ordered restitution

21 payments unpaid at least 90 days before the supervision

22 expiration date. If payment as ordered has not been made, the

23 court shall hold a review hearing prior to the expiration date,

24 unless the hearing is voluntarily waived by the defendant with

25 the knowledge that waiver may result in an extension of the

26 supervision period or in a revocation of supervision. If the

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1 court does not extend supervision, it shall issue a judgment

2 for the unpaid restitution and direct the clerk of the circuit

3 court to file and enter the judgment in the judgment and lien

4 docket, without fee, unless it finds that the victim has

5 recovered a judgment against the defendant for the amount

6 covered by the restitution order. If the court issues a

7 judgment for the unpaid restitution, the court shall send to

8 the defendant at his or her last known address written

9 notification that a civil judgment has been issued for the

10 unpaid restitution.

11 (d) The court shall defer entering any judgment on the

12 charges until the conclusion of the supervision.

13 (e) At the conclusion of the period of supervision, if the

14 court determines that the defendant has successfully complied

15 with all of the conditions of supervision, the court shall

16 discharge the defendant and enter a judgment dismissing the

17 charges.

18 (f) Discharge and dismissal upon a successful conclusion of

19 a disposition of supervision shall be deemed without

20 adjudication of guilt and shall not be termed a conviction for

21 purposes of disqualification or disabilities imposed by law

22 upon conviction of a crime. Two years after the discharge and

23 dismissal under this Section, unless the disposition of

24 supervision was for a violation of Sections 3-707, 3-708,

25 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a

26 similar provision of a local ordinance, or for a violation of

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1 Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961

2 or the Criminal Code of 2012, in which case it shall be 5 years

3 after discharge and dismissal, a person may have his record of

4 arrest sealed or expunged as may be provided by law. However,

5 any defendant placed on supervision before January 1, 1980, may

6 move for sealing or expungement of his arrest record, as

7 provided by law, at any time after discharge and dismissal

8 under this Section. A person placed on supervision for a sexual

9 offense committed against a minor as defined in clause

10 (a)(1)(L) of Section 5.2 of the Criminal Identification Act or

11 for a violation of Section 11-501 of the Illinois Vehicle Code

12 or a similar provision of a local ordinance shall not have his

13 or her record of arrest sealed or expunged.

14 (g) A defendant placed on supervision and who during the

15 period of supervision undergoes mandatory drug or alcohol

16 testing, or both, or is assigned to be placed on an approved

17 electronic monitoring device, shall be ordered to pay the costs

18 incidental to such mandatory drug or alcohol testing, or both,

19 and costs incidental to such approved electronic monitoring in

20 accordance with the defendant's ability to pay those costs. The

21 county board with the concurrence of the Chief Judge of the

22 judicial circuit in which the county is located shall establish

23 reasonable fees for the cost of maintenance, testing, and

24 incidental expenses related to the mandatory drug or alcohol

25 testing, or both, and all costs incidental to approved

26 electronic monitoring, of all defendants placed on

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1 supervision. The concurrence of the Chief Judge shall be in the

2 form of an administrative order. The fees shall be collected by

3 the clerk of the circuit court. The clerk of the circuit court

4 shall pay all moneys collected from these fees to the county

5 treasurer who shall use the moneys collected to defray the

6 costs of drug testing, alcohol testing, and electronic

7 monitoring. The county treasurer shall deposit the fees

8 collected in the county working cash fund under Section 6-27001

9 or Section 6-29002 of the Counties Code, as the case may be.

10 (h) A disposition of supervision is a final order for the

11 purposes of appeal.

12 (i) The court shall impose upon a defendant placed on

13 supervision after January 1, 1992 or to community service under

14 the supervision of a probation or court services department

15 after January 1, 2004, as a condition of supervision or

16 supervised community service, a fee of $50 for each month of

17 supervision or supervised community service ordered by the

18 court, unless after determining the inability of the person

19 placed on supervision or supervised community service to pay

20 the fee, the court assesses a lesser fee. The court may not

21 impose the fee on a minor who is made a ward of the State under

22 the Juvenile Court Act of 1987 while the minor is in placement.

23 The fee shall be imposed only upon a defendant who is actively

24 supervised by the probation and court services department. The

25 fee shall be collected by the clerk of the circuit court. The

26 clerk of the circuit court shall pay all monies collected from

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1 this fee to the county treasurer for deposit in the probation

2 and court services fund pursuant to Section 15.1 of the

3 Probation and Probation Officers Act.

4 A circuit court may not impose a probation fee in excess of

5 $25 per month unless the circuit court has adopted, by

6 administrative order issued by the chief judge, a standard

7 probation fee guide determining an offender's ability to pay.

8 Of the amount collected as a probation fee, not to exceed $5 of

9 that fee collected per month may be used to provide services to

10 crime victims and their families.

11 The Court may only waive probation fees based on an

12 offender's ability to pay. The probation department may

13 re-evaluate an offender's ability to pay every 6 months, and,

14 with the approval of the Director of Court Services or the

15 Chief Probation Officer, adjust the monthly fee amount. An

16 offender may elect to pay probation fees due in a lump sum. Any

17 offender that has been assigned to the supervision of a

18 probation department, or has been transferred either under

19 subsection (h) of this Section or under any interstate compact,

20 shall be required to pay probation fees to the department

21 supervising the offender, based on the offender's ability to

22 pay.

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

24 violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle

25 Code, or a similar provision of a local ordinance, and any

26 violation of the Child Passenger Protection Act, or a similar

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1 provision of a local ordinance, shall be collected and

2 disbursed by the circuit clerk as provided under Section 27.5

3 of the Clerks of Courts Act.

4 (k) A defendant at least 17 years of age who is placed on

5 supervision for a misdemeanor in a county of 3,000,000 or more

6 inhabitants and who has not been previously convicted of a

7 misdemeanor or felony may as a condition of his or her

8 supervision be required by the court to attend educational

9 courses designed to prepare the defendant for a high school

10 diploma and to work toward a high school diploma or to work

11 toward passing the high school level Test of General

12 Educational Development (GED) or to work toward completing a

13 vocational training program approved by the court. The

14 defendant placed on supervision must attend a public

15 institution of education to obtain the educational or

16 vocational training required by this subsection (k). The

17 defendant placed on supervision shall be required to pay for

18 the cost of the educational courses or GED test, if a fee is

19 charged for those courses or test. The court shall revoke the

20 supervision of a person who wilfully fails to comply with this

21 subsection (k). The court shall resentence the defendant upon

22 revocation of supervision as provided in Section 5-6-4. This

23 subsection (k) does not apply to a defendant who has a high

24 school diploma or has successfully passed the GED test. This

25 subsection (k) does not apply to a defendant who is determined

26 by the court to be developmentally disabled or otherwise

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1 mentally incapable of completing the educational or vocational

2 program.

3 (l) The court shall require a defendant placed on

4 supervision for possession of a substance prohibited by the

5 Cannabis Control Act, the Illinois Controlled Substances Act,

6 or the Methamphetamine Control and Community Protection Act

7 after a previous conviction or disposition of supervision for

8 possession of a substance prohibited by the Cannabis Control

9 Act, the Illinois Controlled Substances Act, or the

10 Methamphetamine Control and Community Protection Act or a

11 sentence of probation under Section 10 of the Cannabis Control

12 Act or Section 410 of the Illinois Controlled Substances Act

13 and after a finding by the court that the person is addicted,

14 to undergo treatment at a substance abuse program approved by

15 the court.

16 (m) The Secretary of State shall require anyone placed on

17 court supervision for a violation of Section 3-707 of the

18 Illinois Vehicle Code or a similar provision of a local

19 ordinance to give proof of his or her financial responsibility

20 as defined in Section 7-315 of the Illinois Vehicle Code. The

21 proof shall be maintained by the individual in a manner

22 satisfactory to the Secretary of State for a minimum period of

23 3 years after the date the proof is first filed. The proof

24 shall be limited to a single action per arrest and may not be

25 affected by any post-sentence disposition. The Secretary of

26 State shall suspend the driver's license of any person

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1 determined by the Secretary to be in violation of this

2 subsection.

3 (n) Any offender placed on supervision for any offense that

4 the court or probation department has determined to be sexually

5 motivated as defined in the Sex Offender Management Board Act

6 shall be required to refrain from any contact, directly or

7 indirectly, with any persons specified by the court and shall

8 be available for all evaluations and treatment programs

9 required by the court or the probation department.

10 (o) An offender placed on supervision for a sex offense as

11 defined in the Sex Offender Management Board Act shall refrain

12 from residing at the same address or in the same condominium

13 unit or apartment unit or in the same condominium complex or

14 apartment complex with another person he or she knows or

15 reasonably should know is a convicted sex offender or has been

16 placed on supervision for a sex offense. The provisions of this

17 subsection (o) do not apply to a person convicted of a sex

18 offense who is placed in a Department of Corrections licensed

19 transitional housing facility for sex offenders.

20 (p) An offender placed on supervision for an offense

21 committed on or after June 1, 2008 (the effective date of

22 Public Act 95-464) that would qualify the accused as a child

23 sex offender as defined in Section 11-9.3 or 11-9.4 of the

24 Criminal Code of 1961 or the Criminal Code of 2012 shall

25 refrain from communicating with or contacting, by means of the

26 Internet, a person who is not related to the accused and whom

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1 the accused reasonably believes to be under 18 years of age.

2 For purposes of this subsection (p), "Internet" has the meaning

3 ascribed to it in Section 16-0.1 of the Criminal Code of 2012;

4 and a person is not related to the accused if the person is

5 not: (i) the spouse, brother, or sister of the accused; (ii) a

6 descendant of the accused; (iii) a first or second cousin of

7 the accused; or (iv) a step-child or adopted child of the

8 accused.

9 (q) An offender placed on supervision for an offense

10 committed on or after June 1, 2008 (the effective date of

11 Public Act 95-464) that would qualify the accused as a child

12 sex offender as defined in Section 11-9.3 or 11-9.4 of the

13 Criminal Code of 1961 or the Criminal Code of 2012 shall, if so

14 ordered by the court, refrain from communicating with or

15 contacting, by means of the Internet, a person who is related

16 to the accused and whom the accused reasonably believes to be

17 under 18 years of age. For purposes of this subsection (q),

18 "Internet" has the meaning ascribed to it in Section 16-0.1 of

19 the Criminal Code of 2012; and a person is related to the

20 accused if the person is: (i) the spouse, brother, or sister of

21 the accused; (ii) a descendant of the accused; (iii) a first or

22 second cousin of the accused; or (iv) a step-child or adopted

23 child of the accused.

24 (r) An offender placed on supervision for an offense under

25 Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a

26 juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or

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1 11-21 of the Criminal Code of 1961 or the Criminal Code of

2 2012, or any attempt to commit any of these offenses, committed

3 on or after the effective date of this amendatory Act of the

4 95th General Assembly shall:

5 (i) not access or use a computer or any other device

6 with Internet capability without the prior written

7 approval of the court, except in connection with the

8 offender's employment or search for employment with the

9 prior approval of the court;

10 (ii) submit to periodic unannounced examinations of

11 the offender's computer or any other device with Internet

12 capability by the offender's probation officer, a law

13 enforcement officer, or assigned computer or information

14 technology specialist, including the retrieval and copying

15 of all data from the computer or device and any internal or

16 external peripherals and removal of such information,

17 equipment, or device to conduct a more thorough inspection;

18 (iii) submit to the installation on the offender's

19 computer or device with Internet capability, at the

20 offender's expense, of one or more hardware or software

21 systems to monitor the Internet use; and

22 (iv) submit to any other appropriate restrictions

23 concerning the offender's use of or access to a computer or

24 any other device with Internet capability imposed by the

25 court.

26 (s) An offender placed on supervision for an offense that

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1 is a sex offense as defined in Section 2 of the Sex Offender

2 Registration Act that is committed on or after January 1, 2010

3 (the effective date of Public Act 96-362) that requires the

4 person to register as a sex offender under that Act, may not

5 knowingly use any computer scrub software on any computer that

6 the sex offender uses.

7 (t) An offender placed on supervision for a sex offense as

8 defined in the Sex Offender Registration Act committed on or

9 after January 1, 2010 (the effective date of Public Act 96-262)

10 shall refrain from accessing or using a social networking

11 website as defined in Section 17-0.5 of the Criminal Code of

12 2012.

13 (u) Jurisdiction over an offender may be transferred from

14 the sentencing court to the court of another circuit with the

15 concurrence of both courts. Further transfers or retransfers of

16 jurisdiction are also authorized in the same manner. The court

17 to which jurisdiction has been transferred shall have the same

18 powers as the sentencing court. The probation department within

19 the circuit to which jurisdiction has been transferred may

20 impose probation fees upon receiving the transferred offender,

21 as provided in subsection (i). The probation department from

22 the original sentencing court shall retain all probation fees

23 collected prior to the transfer.

24 (Source: P.A. 96-262, eff. 1-1-10; 96-362, eff. 1-1-10; 96-409,

25 eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1414, eff. 1-1-11;

26 96-1551, Article 2, Section 1065, eff. 7-1-11; 96-1551, Article

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1 10, Section 10-150, eff. 7-1-11; 97-454, eff. 1-1-12; 97-597,

2 eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)