Rep. Arthur Turner
Filed: 4/23/2018
 
 


 




10000HB4077ham001LRB100 13021 RLC 39228 a



1
AMENDMENT TO HOUSE BILL 4077 




2 AMENDMENT NO. ______. Amend House Bill 4077 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Unified Code of Corrections is amended by 
5changing Section 5-6-3 as follows:

6 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
7 Sec. 5-6-3. Conditions of probation and of conditional 
8discharge.

9 (a) The conditions of probation and of conditional 
10discharge shall be
that the person:


11  (1) not violate any criminal statute of any 
12 jurisdiction;


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


15  (3) refrain from possessing a firearm or other 
16 dangerous weapon where the offense is a felony or, if a 
 
 
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1 misdemeanor, the offense involved the intentional or 
2 knowing infliction of bodily harm or threat of bodily harm;


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

7 notification and approval of the person's probation

8 officer. Transfer of a person's probation or conditional 
9 discharge
supervision to another state is subject to 
10 acceptance by the other state
pursuant to the Interstate 
11 Compact for Adult Offender Supervision;


12  (5) permit the probation officer to visit
him at his 
13 home or elsewhere
to the extent necessary to discharge his 
14 duties;


15  (6) perform no less than 30 hours of community service 
16 and not more than
120 hours of community service, if 
17 community service is available in the
jurisdiction and is 
18 funded and approved by the county board where the offense

19 was committed, where the offense was related to or in 
20 furtherance of the
criminal activities of an organized gang 
21 and was motivated by the offender's
membership in or 
22 allegiance to an organized gang. The community service 
23 shall
include, but not be limited to, the cleanup and 
24 repair of any damage caused by
a violation of Section 
25 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 
26 2012 and similar damage
to property located within the 
 
 
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1 municipality or county in which the violation
occurred. 
2 When possible and reasonable, the community service should 
3 be
performed in the offender's neighborhood. For purposes 
4 of this Section,
"organized gang" has the meaning ascribed 
5 to it in Section 10 of the Illinois
Streetgang Terrorism 
6 Omnibus Prevention Act. The court may give credit toward 
7 the fulfillment of community service hours for 
8 participation in activities and treatment as determined by 
9 court services;


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

14 misdemeanor or felony, may be required by the sentencing 
15 court to attend
educational courses designed to prepare the 
16 defendant for a high school diploma
and to work toward a 
17 high school diploma or to work toward passing high school 
18 equivalency testing or to work toward
completing a 
19 vocational training program approved by the court. The 
20 person on
probation or conditional discharge must attend a 
21 public institution of
education to obtain the educational 
22 or vocational training required by this paragraph
(7). The 
23 court shall revoke the probation or conditional discharge 
24 of a
person who wilfully fails to comply with this 
25 paragraph (7). The person on
probation or conditional 
26 discharge shall be required to pay for the cost of the

 
 
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1 educational courses or high school equivalency testing if a 
2 fee is charged for those courses or testing. The court 
3 shall resentence the offender whose probation or 
4 conditional
discharge has been revoked as provided in 
5 Section 5-6-4. This paragraph (7) does
not apply to a 
6 person who has a high school diploma or has successfully 
7 passed high school equivalency testing. This paragraph (7) 
8 does not apply to a person who is determined by
the court 
9 to be a person with a developmental disability or otherwise 
10 mentally incapable of
completing the educational or 
11 vocational program;


12  (8) if convicted of possession of a substance 
13 prohibited
by the Cannabis Control Act, the Illinois 
14 Controlled Substances Act, or the Methamphetamine Control 
15 and Community Protection Act
after a previous conviction or 
16 disposition of supervision for possession of a
substance 
17 prohibited by the Cannabis Control Act or Illinois 
18 Controlled
Substances Act or after a sentence of probation 
19 under Section 10 of the
Cannabis
Control Act, Section 410 
20 of the Illinois Controlled Substances Act, or Section 70 of 
21 the Methamphetamine Control and Community Protection Act 
22 and upon a
finding by the court that the person is 
23 addicted, undergo treatment at a
substance abuse program 
24 approved by the court;


25  (8.5) if convicted of a felony sex offense as defined 
26 in the Sex
Offender
Management Board Act, the person shall 
 
 
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1 undergo and successfully complete sex
offender treatment 
2 by a treatment provider approved by the Board and conducted

3 in conformance with the standards developed under the Sex

4 Offender Management Board Act;

5  (8.6) if convicted of a sex offense as defined in the 
6 Sex Offender Management Board Act, refrain from residing at 
7 the same address or in the same condominium unit or 
8 apartment unit or in the same condominium complex or 
9 apartment complex with another person he or she knows or 
10 reasonably should know is a convicted sex offender or has 
11 been placed on supervision for a sex offense; the 
12 provisions of this paragraph do not apply to a person 
13 convicted of a sex offense who is placed in a Department of 
14 Corrections licensed transitional housing facility for sex 
15 offenders;
16  (8.7) if convicted for an offense committed on or after 
17 June 1, 2008 (the effective date of Public Act 95-464) that 
18 would qualify the accused as a child sex offender as 
19 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 
20 1961 or the Criminal Code of 2012, refrain from 
21 communicating with or contacting, by means of the Internet, 
22 a person who is not related to the accused and whom the 
23 accused reasonably believes to be under 18 years of age; 
24 for purposes of this paragraph (8.7), "Internet" has the 
25 meaning ascribed to it in Section 16-0.1 of the Criminal 
26 Code of 2012; and a person is not related to the accused if 
 
 
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1 the person is not: (i) the spouse, brother, or sister of 
2 the accused; (ii) a descendant of the accused; (iii) a 
3 first or second cousin of the accused; or (iv) a step-child 
4 or adopted child of the accused;
5  (8.8) if convicted for an offense under Section 11-6, 
6 11-9.1, 11-14.4 that involves soliciting for a juvenile 
7 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 
8 of the Criminal Code of 1961 or the Criminal Code of 2012, 
9 or any attempt to commit any of these offenses, committed 
10 on or after June 1, 2009 (the effective date of Public Act 
11 95-983):
12   (i) not access or use a computer or any other 
13 device with Internet capability without the prior 
14 written approval of the offender's probation officer, 
15 except in connection with the offender's employment or 
16 search for employment with the prior approval of the 
17 offender's probation officer;
18   (ii) submit to periodic unannounced examinations 
19 of the offender's computer or any other device with 
20 Internet capability by the offender's probation 
21 officer, a law enforcement officer, or assigned 
22 computer or information technology specialist, 
23 including the retrieval and copying of all data from 
24 the computer or device and any internal or external 
25 peripherals and removal of such information, 
26 equipment, or device to conduct a more thorough 
 
 
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1 inspection;
2   (iii) submit to the installation on the offender's 
3 computer or device with Internet capability, at the 
4 offender's expense, of one or more hardware or software 
5 systems to monitor the Internet use; and
6   (iv) submit to any other appropriate restrictions 
7 concerning the offender's use of or access to a 
8 computer or any other device with Internet capability 
9 imposed by the offender's probation officer; 
10  (8.9) if convicted of a sex offense as defined in the 
11 Sex Offender
Registration Act committed on or after January 
12 1, 2010 (the effective date of Public Act 96-262), refrain 
13 from accessing or using a social networking website as 
14 defined in Section 17-0.5 of the Criminal Code of 2012;

15  (9) if convicted of a felony or of any misdemeanor 
16 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 
17 12-3.5 of the Criminal Code of 1961 or the Criminal Code of 
18 2012 that was determined, pursuant to Section 112A-11.1 of 
19 the Code of Criminal Procedure of 1963, to trigger the 
20 prohibitions of 18 U.S.C. 922(g)(9), physically surrender 
21 at a time and place
designated by the court, his or her 
22 Firearm
Owner's Identification Card and
any and all 
23 firearms in
his or her possession. The Court shall return 
24 to the Department of State Police Firearm Owner's 
25 Identification Card Office the person's Firearm Owner's 
26 Identification Card;


 
 
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1  (10) if convicted of a sex offense as defined in 
2 subsection (a-5) of Section 3-1-2 of this Code, unless the 
3 offender is a parent or guardian of the person under 18 
4 years of age present in the home and no non-familial minors 
5 are present, not participate in a holiday event involving 
6 children under 18 years of age, such as distributing candy 
7 or other items to children on Halloween, wearing a Santa 
8 Claus costume on or preceding Christmas, being employed as 
9 a department store Santa Claus, or wearing an Easter Bunny 
10 costume on or preceding Easter; 
11  (11) if convicted of a sex offense as defined in 
12 Section 2 of the Sex Offender Registration Act committed on 
13 or after January 1, 2010 (the effective date of Public Act 
14 96-362) that requires the person to register as a sex 
15 offender under that Act, may not knowingly use any computer 
16 scrub software on any computer that the sex offender uses; 
17  (12) if convicted of a violation of the Methamphetamine 
18 Control and Community Protection Act, the Methamphetamine

19 Precursor Control Act, or a methamphetamine related 
20 offense:
21   (A) prohibited from purchasing, possessing, or 
22 having under his or her control any product containing 
23 pseudoephedrine unless prescribed by a physician; and
24   (B) prohibited from purchasing, possessing, or 
25 having under his or her control any product containing 
26 ammonium nitrate; and
 
 
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1  (13) if convicted of a hate crime involving the 
2 protected class identified in subsection (a) of Section 
3 12-7.1 of the Criminal Code of 2012 that gave rise to the 
4 offense the offender committed, perform public or 
5 community service of no less than 200 hours and enroll in 
6 an educational program discouraging hate crimes that 
7 includes racial, ethnic, and cultural sensitivity training 
8 ordered by the court. 
9 (b) 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) serve a term of periodic imprisonment under Article 
15 7 for a
period not to exceed that specified in paragraph 
16 (d) of Section 5-7-1;


17  (2) pay a fine and costs;


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


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


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


24  (6) support his dependents;


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


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


 
 
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1   (ii) attend school;


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


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


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

6 facility, attend an educational program at a facility 
7 other than the school
in which the
offense was 
8 committed if he
or she is convicted of a crime of 
9 violence as
defined in
Section 2 of the Crime Victims 
10 Compensation Act committed in a school, on the
real

11 property
comprising a school, or within 1,000 feet of 
12 the real property comprising a
school;


13  (8) make restitution as provided in Section 5-5-6 of 
14 this Code;


15  (9) perform some reasonable public or community 
16 service;


17  (10) serve a term of home confinement. In addition to 
18 any other
applicable condition of probation or conditional 
19 discharge, the
conditions of home confinement shall be that 
20 the offender:


21   (i) remain within the interior premises of the 
22 place designated for
his confinement during the hours 
23 designated by the court;


24   (ii) admit any person or agent designated by the 
25 court into the
offender's place of confinement at any 
26 time for purposes of verifying
the offender's 
 
 
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1 compliance with the conditions of his confinement; and


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


6   (iv) for persons convicted of any alcohol, 
7 cannabis or controlled
substance violation who are 
8 placed on an approved monitoring device as a
condition 
9 of probation or conditional discharge, the court shall 
10 impose a
reasonable fee for each day of the use of the 
11 device, as established by the
county board in 
12 subsection (g) of this Section, unless after 
13 determining the
inability of the offender to pay the 
14 fee, the court assesses a lesser fee or no
fee as the 
15 case may be. This fee shall be imposed in addition to 
16 the fees
imposed under subsections (g) and (i) of this 
17 Section. The fee shall be
collected by the clerk of the 
18 circuit court, except as provided in an administrative 
19 order of the Chief Judge of the circuit court. The 
20 clerk of the circuit
court shall pay all monies 
21 collected from this fee to the county treasurer
for 
22 deposit in the substance abuse services fund under 
23 Section 5-1086.1 of
the Counties Code, except as 
24 provided in an administrative order of the Chief Judge 
25 of the circuit court.
26   The Chief Judge of the circuit court of the county 
 
 
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1 may by administrative order establish a program for 
2 electronic monitoring of offenders, in which a vendor 
3 supplies and monitors the operation of the electronic 
4 monitoring device, and collects the fees on behalf of 
5 the county. The program shall include provisions for 
6 indigent offenders and the collection of unpaid fees. 
7 The program shall not unduly burden the offender and 
8 shall be subject to review by the Chief Judge.
9   The Chief Judge of the circuit court may suspend 
10 any additional charges or fees for late payment, 
11 interest, or damage to any device; and


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

5 The Chief Judge of the circuit court of the county may 
6 by administrative order establish a program for 
7 electronic monitoring of offenders, in which a vendor 
8 supplies and monitors the operation of the electronic 
9 monitoring device, and collects the fees on behalf of 
10 the county. The program shall include provisions for 
11 indigent offenders and the collection of unpaid fees. 
12 The program shall not unduly burden the offender and 
13 shall be subject to review by the Chief Judge. 

14   The Chief Judge of the circuit court may suspend 
15 any additional charges or fees for late payment, 
16 interest, or damage to any device. 
17  (11) comply with the terms and conditions of an order 
18 of protection issued
by the court pursuant to the Illinois 
19 Domestic Violence Act of 1986,
as now or hereafter amended, 
20 or an order of protection issued by the court of
another 
21 state, tribe, or United States territory. A copy of the 
22 order of
protection shall be
transmitted to the probation 
23 officer or agency
having responsibility for the case;


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


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

6 offense for which the defendant was sentenced, (i) to a 
7 "local anti-crime
program", as defined in Section 7 of the 
8 Anti-Crime Advisory Council Act, or (ii) for offenses under 
9 the jurisdiction of the Department of Natural Resources, to 
10 the fund established by the Department of Natural Resources 
11 for the purchase of evidence for investigation purposes and 
12 to conduct investigations as outlined in Section 805-105 of 
13 the Department of Natural Resources (Conservation) Law;


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

18 accompanying the defendant, and advance approval by a

19 probation officer, if
the defendant has been placed on 
20 probation or advance approval by the
court, if the 
21 defendant was placed on conditional discharge;


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


26  (16) refrain from having in his or her body the 
 
 
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1 presence of any illicit
drug prohibited by the Cannabis 
2 Control Act, the Illinois Controlled
Substances Act, or the 
3 Methamphetamine Control and Community Protection Act, 
4 unless prescribed by a physician, and submit samples of
his 
5 or her blood or urine or both for tests to determine the 
6 presence of any
illicit drug;

7  (17) if convicted for an offense committed on or after 
8 June 1, 2008 (the effective date of Public Act 95-464) that 
9 would qualify the accused as a child sex offender as 
10 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 
11 1961 or the Criminal Code of 2012, refrain from 
12 communicating with or contacting, by means of the Internet, 
13 a person who is related to the accused and whom the accused 
14 reasonably believes to be under 18 years of age; for 
15 purposes of this paragraph (17), "Internet" has the meaning 
16 ascribed to it in Section 16-0.1 of the Criminal Code of 
17 2012; and a person is related to the accused if the person 
18 is: (i) the spouse, brother, or sister of the accused; (ii) 
19 a descendant of the accused; (iii) a first or second cousin 
20 of the accused; or (iv) a step-child or adopted child of 
21 the accused;
22  (18) if convicted for an offense committed on or after 
23 June 1, 2009 (the effective date of Public Act 95-983) that 
24 would qualify as a sex offense as defined in the Sex 
25 Offender Registration Act:
26   (i) not access or use a computer or any other 
 
 
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1 device with Internet capability without the prior 
2 written approval of the offender's probation officer, 
3 except in connection with the offender's employment or 
4 search for employment with the prior approval of the 
5 offender's probation officer;
6   (ii) submit to periodic unannounced examinations 
7 of the offender's computer or any other device with 
8 Internet capability by the offender's probation 
9 officer, a law enforcement officer, or assigned 
10 computer or information technology specialist, 
11 including the retrieval and copying of all data from 
12 the computer or device and any internal or external 
13 peripherals and removal of such information, 
14 equipment, or device to conduct a more thorough 
15 inspection;
16   (iii) submit to the installation on the offender's 
17 computer or device with Internet capability, at the 
18 subject's expense, of one or more hardware or software 
19 systems to monitor the Internet use; and
20   (iv) submit to any other appropriate restrictions 
21 concerning the offender's use of or access to a 
22 computer or any other device with Internet capability 
23 imposed by the offender's probation officer; and 
24  (19) refrain from possessing a firearm or other 
25 dangerous weapon where the offense is a misdemeanor that 
26 did not involve the intentional or knowing infliction of 
 
 
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1 bodily harm or threat of bodily harm. 
2 (c) The court may as a condition of probation or of 
3conditional
discharge require that a person under 18 years of 
4age found guilty of any
alcohol, cannabis or controlled 
5substance violation, refrain from acquiring
a driver's license 
6during
the period of probation or conditional discharge. If 
7such person
is in possession of a permit or license, the court 
8may require that
the minor refrain from driving or operating 
9any motor vehicle during the
period of probation or conditional 
10discharge, except as may be necessary in
the course of the 
11minor's lawful employment.


12 (d) An offender sentenced to probation or to conditional 
13discharge
shall be given a certificate setting forth the 
14conditions thereof.


15 (e) Except where the offender has committed a fourth or 
16subsequent
violation of subsection (c) of Section 6-303 of the 
17Illinois Vehicle Code,
the court shall not require as a 
18condition of the sentence of
probation or conditional discharge 
19that the offender be committed to a
period of imprisonment in 
20excess of 6 months.
This 6-month limit shall not include 
21periods of confinement given pursuant to
a sentence of county 
22impact incarceration under Section 5-8-1.2.

23 Persons committed to imprisonment as a condition of 
24probation or
conditional discharge shall not be committed to 
25the Department of
Corrections.


26 (f) The court may combine a sentence of periodic 
 
 
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1imprisonment under
Article 7 or a sentence to a county impact 
2incarceration program under
Article 8 with a sentence of 
3probation or conditional discharge.


4 (g) An offender sentenced to probation or to conditional 
5discharge and
who during the term of either undergoes mandatory 
6drug or alcohol testing,
or both, or is assigned to be placed 
7on an approved electronic monitoring
device, shall be ordered 
8to pay all costs incidental to such mandatory drug
or alcohol 
9testing, or both, and all costs
incidental to such approved 
10electronic monitoring in accordance with the
defendant's 
11ability to pay those costs. The county board with
the 
12concurrence of the Chief Judge of the judicial
circuit in which 
13the county is located shall establish reasonable fees for
the 
14cost of maintenance, testing, and incidental expenses related 
15to the
mandatory drug or alcohol testing, or both, and all 
16costs incidental to
approved electronic monitoring, involved 
17in a successful probation program
for the county. The 
18concurrence of the Chief Judge shall be in the form of
an 
19administrative order.
The fees shall be collected by the clerk 
20of the circuit court, except as provided in an administrative 
21order of the Chief Judge of the circuit court. The clerk of
the 
22circuit court shall pay all moneys collected from these fees to 
23the county
treasurer who shall use the moneys collected to 
24defray the costs of
drug testing, alcohol testing, and 
25electronic monitoring.
The county treasurer shall deposit the 
26fees collected in the
county working cash fund under Section 
 
 
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16-27001 or Section 6-29002 of the
Counties Code, as the case 
2may be.
The Chief Judge of the circuit court of the county may 
3by administrative order establish a program for electronic 
4monitoring of offenders, in which a vendor supplies and 
5monitors the operation of the electronic monitoring device, and 
6collects the fees on behalf of the county. The program shall 
7include provisions for indigent offenders and the collection of 
8unpaid fees. The program shall not unduly burden the offender 
9and shall be subject to review by the Chief Judge. 

10 The Chief Judge of the circuit court may suspend any 
11additional charges or fees for late payment, interest, or 
12damage to any device. 
13 (h) Jurisdiction over an offender may be transferred from 
14the
sentencing court to the court of another circuit with the 
15concurrence of
both courts. Further transfers or retransfers of

16jurisdiction are also
authorized in the same manner. The court 
17to which jurisdiction has been
transferred shall have the same 
18powers as the sentencing court.
The probation department within 
19the circuit to which jurisdiction has been transferred, or 
20which has agreed to provide supervision, may impose probation 
21fees upon receiving the transferred offender, as provided in 
22subsection (i). For all transfer cases, as defined in Section 
239b of the Probation and Probation Officers Act, the probation 
24department from the original sentencing court shall retain all 
25probation fees collected prior to the transfer. After the 
26transfer,
all probation fees shall be paid to the probation 
 
 
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1department within the
circuit to which jurisdiction has been 
2transferred.

3 (i) The court shall impose upon an offender
sentenced to 
4probation after January 1, 1989 or to conditional discharge

5after January 1, 1992 or to community service under the 
6supervision of a
probation or court services department after 
7January 1, 2004, as a condition of such probation or 
8conditional
discharge or supervised community service, a fee of 
9$50
for each month of probation or
conditional
discharge 
10supervision or supervised community service ordered by the 
11court, unless after
determining the inability of the person 
12sentenced to probation or conditional
discharge or supervised 
13community service to pay the
fee, the court assesses a lesser 
14fee. The court may not impose the fee on a
minor who is placed 
15in the guardianship or custody of the Department of Children 
16and Family Services under the Juvenile Court Act of 1987
while 
17the minor is in placement.
The fee shall be imposed only upon

18an offender who is actively supervised by the
probation and 
19court services
department. The fee shall be collected by the 
20clerk
of the circuit court. The clerk of the circuit court 
21shall pay all monies
collected from this fee to the county 
22treasurer for deposit in the
probation and court services fund 
23under Section 15.1 of the
Probation and Probation Officers Act.

24 A circuit court may not impose a probation fee under this 
25subsection (i) in excess of $25
per month unless the circuit 
26court has adopted, by administrative
order issued by the chief 
 
 
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1judge, a standard probation fee guide
determining an offender's 
2ability to pay Of the
amount collected as a probation fee, up 
3to $5 of that fee
collected per month may be used to provide 
4services to crime victims
and their families.
5 The Court may only waive probation fees based on an 
6offender's ability to pay. The probation department may 
7re-evaluate an offender's ability to pay every 6 months, and, 
8with the approval of the Director of Court Services or the 
9Chief Probation Officer, adjust the monthly fee amount. An 
10offender may elect to pay probation fees due in a lump sum.
Any 
11offender that has been assigned to the supervision of a 
12probation department, or has been transferred either under 
13subsection (h) of this Section or under any interstate compact, 
14shall be required to pay probation fees to the department 
15supervising the offender, based on the offender's ability to 
16pay.


17 Public Act 93-970 deletes the $10 increase in the fee under 
18this subsection that was imposed by Public Act 93-616. This 
19deletion is intended to control over any other Act of the 93rd 
20General Assembly that retains or incorporates that fee 
21increase.
22 (i-5) In addition to the fees imposed under subsection (i) 
23of this Section, in the case of an offender convicted of a 
24felony sex offense (as defined in the Sex Offender Management 
25Board Act) or an offense that the court or probation department 
26has determined to be sexually motivated (as defined in the Sex 
 
 
10000HB4077ham001- 22 -LRB100 13021 RLC 39228 a


1Offender Management Board Act), the court or the probation 
2department shall assess additional fees to pay for all costs of 
3treatment, assessment, evaluation for risk and treatment, and 
4monitoring the offender, based on that offender's ability to 
5pay those costs either as they occur or under a payment plan.
6 (j) All fines and costs imposed under this Section for any 
7violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle 
8Code, or a similar
provision of a local ordinance, and any 
9violation of the Child Passenger
Protection Act, or a similar 
10provision of a local ordinance, shall be
collected and 
11disbursed by the circuit clerk as provided under Section 27.5

12of the Clerks of Courts Act.


13 (k) Any offender who is sentenced to probation or 
14conditional discharge for a felony sex offense as defined in 
15the Sex Offender Management Board Act or any offense that the 
16court or probation department has determined to be sexually 
17motivated as defined in the Sex Offender Management Board Act 
18shall be required to refrain from any contact, directly or 
19indirectly, with any persons specified by the court and shall 
20be available for all evaluations and treatment programs 
21required by the court or the probation department.

22 (l) The court may order an offender who is sentenced to 
23probation or conditional
discharge for a violation of an order 
24of protection be placed under electronic surveillance as 
25provided in Section 5-8A-7 of this Code. 
26 (m) A person sentenced to a term of probation or 
 
 
10000HB4077ham001- 23 -LRB100 13021 RLC 39228 a


1conditional discharge for a Class 4 felony or a misdemeanor, on 
2or after January 1, 2019, shall receive a credit against the 
3time on his or her probation or conditional discharge for the 
4amount of time served in jail on that offense. 
5(Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16; 
6100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff. 
71-8-18.)".