Struck = removed from the bill ยท
added = the amendment's new text.
SB0423*LRB10302875RLC61159a* EnrolledSen. LRB103 02875 RLC 47881 b AN ACT concerning criminal law.
BeBill itCunningham enactedFiled: by the People of the State of Illinois, represented in the General Assembly:
Section5/1/2023 5.10300SB0423sam001 LRB103 02875 RLC 61159 a AMENDMENT TO SENATE BILL 423 AMENDMENT NO.
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Amend Senate Bill 423 by replacing everything after the enacting clause with the following:
"Section 5.
(2) refrain from possessing a firearm or other 10300SB0423sam001 -2- LRB103 02875 RLC 61159 a dangerous weapon;
(5) attend or reside in a facility established for the SB0423 Enrolled - 2 - LRB103 02875 RLC 47881 b instruction or residence of persons on parole or mandatory supervised release;
(7.6) if convicted of a sex offense as defined in the 10300SB0423sam001 -3- LRB103 02875 RLC 61159 a Sex Offender Management Board Act, refrain from residing at the same address or in the same condominium unit or apartment unit or in the same condominium complex or apartment complex with another person he or she knows or reasonably should know is a convicted sex offender or has been placed on supervision for a sex offense;
the provisions of this paragraph do not apply to a person SB0423 Enrolled - 3 - LRB103 02875 RLC 47881 b convicted of a sex offense who is placed in a Department of Corrections licensed transitional housing facility for sex offenders, or is in any facility operated or licensed by the Department of Children and Family Services or by the Department of Human Services, or is in any licensed medical facility;
(7.7) if convicted for an offense that would qualify the accused as a sexual predator under the Sex Offender Registration Act on or after January 1, 2007 (the effective date of Public Act 94-988), wear an approved electronic monitoring device as defined in Section 5-8A-2 for the duration of the person's parole, mandatory supervised release term, or extended mandatory supervised release term and if convicted for an offense of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, or ritualized abuse of a child committed on or after August 11, 2009 (the effective date of Public Act 96-236) when 10300SB0423sam001 -4- LRB103 02875 RLC 61159 a the victim was under 18 years of age at the time of the commission of the offense and the defendant used force or the threat of force in the commission of the offense wear an approved electronic monitoring device as defined in Section 5-8A-2 that has Global Positioning System (GPS) capability for the duration of the person's parole, mandatory supervised release term, or extended mandatory SB0423 Enrolled - 4 - LRB103 02875 RLC 47881 b supervised release term;
(7.9) if convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 10300SB0423sam001 -5- LRB103 02875 RLC 61159 a or the Criminal Code of 2012, consent to search of computers, PDAs, cellular phones, and other devices under his or her control that are capable of accessing the Internet or storing electronic files, in order to confirm Internet protocol addresses reported in accordance with the Sex Offender Registration Act and compliance with conditions in this Act;
SB0423 Enrolled - 5 - LRB103 02875 RLC 47881 b (7.10) if convicted for an offense that would qualify the accused as a sex offender or sexual predator under the Sex Offender Registration Act on or after June 1, 2008 (the effective date of Public Act 95-640), not possess prescription drugs for erectile dysfunction;
(ii) submit to periodic unannounced examinations of the offender's computer or any other device with Internet capability by the offender's supervising agent, a law enforcement officer, or assigned computer 10300SB0423sam001 -6- LRB103 02875 RLC 61159 a or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment, or device to conduct a more thorough inspection;
(iii) submit to the installation on the offender's computer or device with Internet capability, at the SB0423 Enrolled - 6 - LRB103 02875 RLC 47881 b offender's expense, of one or more hardware or software systems to monitor the Internet use;
(7.13) if convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act committed on or after January 1, 2010 (the effective date of Public Act 96-362) that requires the person to register as a sex offender under that Act, may not knowingly use any computer scrub software on any computer that the sex 10300SB0423sam001 -7- LRB103 02875 RLC 61159 a offender uses;
(10) consent to a search of his or her person, SB0423 Enrolled - 7 - LRB103 02875 RLC 47881 b property, or residence under his or her control;
(A) not knowingly associate with other persons on 10300SB0423sam001 -8- LRB103 02875 RLC 61159 a parole or mandatory supervised release without prior written permission of his or her parole agent;
(14) provide true and accurate information, as it SB0423 Enrolled - 8 - LRB103 02875 RLC 47881 b relates to his or her adjustment in the community while on parole or mandatory supervised release or to his or her conduct while incarcerated, in response to inquiries by his or her parole agent or of the Department of Corrections;
(16) if convicted of a sex offense as defined in subsection (a-5) of Section 3-1-2 of this Code, unless the offender is a parent or guardian of the person under 18 years of age present in the home and no non-familial minors are present, not participate in a holiday event involving children under 18 years of age, such as 10300SB0423sam001 -9- LRB103 02875 RLC 61159 a distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter;
(17) if convicted of a violation of an order of protection under Section 12-3.4 or Section 12-30 of the SB0423 Enrolled - 9 - LRB103 02875 RLC 47881 b Criminal Code of 1961 or the Criminal Code of 2012, be placed under electronic surveillance as provided in Section 5-8A-7 of this Code;
and (B) prohibited from purchasing, possessing, or having under his or her control any product containing 10300SB0423sam001 -10- LRB103 02875 RLC 61159 a ammonium nitrate;
(20) if convicted of a hate crime under Section 12-7.1 of the Criminal Code of 2012, perform public or community service of no less than 200 hours and enroll in an educational program discouraging hate crimes involving the protected class identified in subsection (a) of Section 12-7.1 of the Criminal Code of 2012 that gave rise to the SB0423 Enrolled - 10 - LRB103 02875 RLC 47881 b offense the offender committed ordered by the court;
Notwithstanding this placement on high level supervision, placement of the 10300SB0423sam001 -11- LRB103 02875 RLC 61159 a subject on electronic monitoring or detention shall not occur unless it is required by law or expressly ordered or approved by the Prisoner Review Board.
(B) All subjects found to be at a low risk to recidivate shall be subject to low-level supervision, except for those subjects on parole or mandatory supervised release for first degree murder, a forcible SB0423 Enrolled - 11 - LRB103 02875 RLC 47881 b felony as defined in Section 2-8 of the Criminal Code of 2012, any felony that requires registration as a sex offender under the Sex Offender Registration Act, or a Class X felony or Class 1 felony that is not a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act.
10300SB0423sam001 -12- LRB103 02875 RLC 61159 a (2) undergo medical or psychiatric treatment, or treatment for drug addiction or alcoholism;
SB0423 Enrolled - 12 - LRB103 02875 RLC 47881 b (6) (blank);
(7.6) if convicted for an offense committed on or after June 1, 2009 (the effective date of Public Act 10300SB0423sam001 -13- LRB103 02875 RLC 61159 a 95-983) that would qualify as a sex offense as defined in the Sex Offender Registration Act:
(ii) submit to periodic unannounced examinations of the offender's computer or any other device with SB0423 Enrolled - 13 - LRB103 02875 RLC 47881 b Internet capability by the offender's supervising agent, a law enforcement officer, or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment, or device to conduct a more thorough inspection;
10300SB0423sam001 -14- LRB103 02875 RLC 61159 a (ii) attend school;
(b-1) In addition to the conditions set forth in subsections (a) and (b), persons required to register as sex SB0423 Enrolled - 14 - LRB103 02875 RLC 47881 b offenders pursuant to the Sex Offender Registration Act, upon release from the custody of the Illinois Department of Corrections, may be required by the Board to comply with the following specific conditions of release following an individualized assessment pursuant to subsection (a) of Section 3-14-2:
(5) not be employed or participate in any volunteer activity that involves contact with children, except under circumstances approved in advance and in writing by an 10300SB0423sam001 -15- LRB103 02875 RLC 61159 a agent of the Department of Corrections;
The terms may include SB0423 Enrolled - 15 - LRB103 02875 RLC 47881 b consideration of the purpose of the entry, the time of day, and others accompanying the person;
(10) neither possess or have under his or her control any material that is sexually oriented, sexually stimulating, or that shows male or female sex organs or any pictures depicting children under 18 years of age nude or any written or audio material describing sexual intercourse or that depicts or alludes to sexual activity, 10300SB0423sam001 -16- LRB103 02875 RLC 61159 a including but not limited to visual, auditory, telephonic, or electronic media, or any matter obtained through access to any computer or material linked to computer access use;
(12) not reside near, visit, or be in or about parks, SB0423 Enrolled - 16 - LRB103 02875 RLC 47881 b schools, day care centers, swimming pools, beaches, theaters, or any other places where minor children congregate without advance approval of an agent of the Department of Corrections and immediately report any incidental contact with minor children to the Department;
or (18) obtain prior approval of his or her parole 10300SB0423sam001 -17- LRB103 02875 RLC 61159 a officer before driving alone in a motor vehicle.
A signed copy of these conditions, including a copy of an order of protection where one had been issued by the criminal court, shall be retained by SB0423 Enrolled - 17 - LRB103 02875 RLC 47881 b the person and another copy forwarded to the officer in charge of his or her supervision.
(a) The length of parole for a person sentenced under the law in effect prior to the effective date of this amendatory 10300SB0423sam001 -18- LRB103 02875 RLC 61159 a Act of 1977 and the length of mandatory supervised release for those sentenced under the law in effect on and after such effective date shall be as set out in Section 5-8-1 unless sooner terminated under paragraph (b) of this Section.
(b) The Prisoner Review Board may enter an order releasing and discharging one from parole or mandatory supervised release, and his or her commitment to the Department, when it SB0423 Enrolled - 18 - LRB103 02875 RLC 47881 b determines that he or she is likely to remain at liberty without committing another offense.
Each This reduction in the period of a subject's term of parole or mandatory supervised release shall be available only to subjects who have not previously earned the relevant credential for which they are receiving the reduction a high 10300SB0423sam001 -19- LRB103 02875 RLC 61159 a school diploma or who have not previously passed high school equivalency testing.
(b-2) The Prisoner Review Board may release a low-risk and SB0423 Enrolled - 19 - LRB103 02875 RLC 47881 b need subject person from mandatory supervised release as determined by an appropriate evidence-based risk and need assessment.
Upon the completion of such steps or requirements, the person on parole or mandatory supervised 10300SB0423sam001 -20- LRB103 02875 RLC 61159 a release may petition the Prisoner Review Board to grant them an early discharge review.
1-1-18.) SB0423 Enrolled - 20 - LRB103 02875 RLC 47881 b (730 ILCS 5/3-14-2) (from Ch.
In determining conditions, the Prisoner Review Board shall also consider the reasonableness of imposing additional conditions on the person and the extent to which 10300SB0423sam001 -21- LRB103 02875 RLC 61159 a the conditions impact the person's work, education, community service, financial, and family caregiving obligations.
Such conditions may include that the person use an approved electronic monitoring device subject to Article 8A of SB0423 Enrolled - 21 - LRB103 02875 RLC 47881 b Chapter V.
(c-1) The supervising officer shall request the Department to issue a parole violation warrant, and the Department shall issue a parole violation warrant, under the following 10300SB0423sam001 -22- LRB103 02875 RLC 61159 a circumstances:
(A) a felony offense of domestic battery under SB0423 Enrolled - 22 - LRB103 02875 RLC 47881 b Section 12-3.2 of the Criminal Code of 1961 or the Criminal Code of 2012, (B) aggravated domestic battery under Section 12-3.3 of the Criminal Code of 1961 or the Criminal Code of 2012, (C) stalking under Section 12-7.3 of the Criminal Code of 1961 or the Criminal Code of 2012, (D) aggravated stalking under Section 12-7.4 of the Criminal Code of 1961 or the Criminal Code of 2012, (E) violation of an order of protection under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, or (F) any offense that would require registration as a sex offender under the Sex Offender Registration Act, or (4) if the parolee or releasee is on parole or mandatory supervised release for a murder, a Class X felony or a Class 1 felony violation of the Criminal Code of 1961 or the Criminal Code of 2012, or any felony that 10300SB0423sam001 -23- LRB103 02875 RLC 61159 a requires registration as a sex offender under the Sex Offender Registration Act and commits an act that constitutes first degree murder, a Class X felony, a Class 1 felony, a Class 2 felony, or a Class 3 felony.
The parolee or releasee may be SB0423 Enrolled - 23 - LRB103 02875 RLC 47881 b delivered to any secure place until he can be transported to the Department.
(d-1) At least once every 63 months, the supervising 10300SB0423sam001 -24- LRB103 02875 RLC 61159 a officer of a parolee or releasee shall review the case of the parolee or releasee to assess the parolee's or releasee's progress and suitability for early discharge under subsection (b) of Section 3-3-8 and provide a recommendation for either early discharge or the continuation of parole or mandatory supervised release as previously ordered.
The recommendation and the rationale for the recommendation shall be noted in the SB0423 Enrolled - 24 - LRB103 02875 RLC 47881 b Department's case management system.
Within 3015 days of receiving the supervising officer's recommendation, the Department shall provide a copy of the final recommendation, in writing or electronically, to the Prisoner Review Board and to the parolee or releasee.
10300SB0423sam001 -25- LRB103 02875 RLC 61159 a (d-3) To comply with the provisions of subsection (d-2), in lieu of requiring the parolee or releasee to appear in person for the required reporting or meetings, supervising officers may utilize technology, including cellular and other electronic communication devices or platforms, that allows for communication between the supervised individual and the supervising officer.
SB0423 Enrolled - 25 - LRB103 02875 RLC 47881 b (e) Supervising officers shall receive specialized training in the special needs of female releasees or parolees including the family reunification process.
To comply with the provisions of this paragraph (2), in lieu of requiring the 10300SB0423sam001 -26- LRB103 02875 RLC 61159 a person on probation or conditional discharge to appear in person for the required reporting or meetings, the officer may utilize technology, including cellular and other electronic communication devices or platforms, that allow for communication between the supervised person and the officer in accordance with standards and guidelines established by the Administrative Office of the Illinois SB0423 Enrolled - 26 - LRB103 02875 RLC 47881 b Courts;
(6) perform no less than 30 hours of community service 10300SB0423sam001 -27- LRB103 02875 RLC 61159 a and not more than 120 hours of community service, if community service is available in the jurisdiction and is funded and approved by the county board where the offense was committed, where the offense was related to or in furtherance of the criminal activities of an organized gang and was motivated by the offender's membership in or allegiance to an organized gang.
The community service SB0423 Enrolled - 27 - LRB103 02875 RLC 47881 b shall include, but not be limited to, the cleanup and repair of any damage caused by a violation of Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012 and similar damage to property located within the municipality or county in which the violation occurred.
(7) if he or she is at least 17 years of age and has been sentenced to probation or conditional discharge for a misdemeanor or felony in a county of 3,000,000 or more inhabitants and has not been previously convicted of a misdemeanor or felony, may be required by the sentencing court to attend educational courses designed to prepare 10300SB0423sam001 -28- LRB103 02875 RLC 61159 a the defendant for a high school diploma and to work toward a high school diploma or to work toward passing high school equivalency testing or to work toward completing a vocational training program approved by the court.
The SB0423 Enrolled - 28 - LRB103 02875 RLC 47881 b court shall revoke the probation or conditional discharge of a person who willfully fails to comply with this paragraph (7).
(8) if convicted of possession of a substance prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act after a previous conviction 10300SB0423sam001 -29- LRB103 02875 RLC 61159 a or disposition of supervision for possession of a substance prohibited by the Cannabis Control Act or Illinois Controlled Substances Act or after a sentence of probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act and upon a finding by the court that the SB0423 Enrolled - 29 - LRB103 02875 RLC 47881 b person is addicted, undergo treatment at a substance abuse program approved by the court;
10300SB0423sam001 -30- LRB103 02875 RLC 61159 a (8.7) if convicted for an offense committed on or after June 1, 2008 (the effective date of Public Act 95-464) that would qualify the accused as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012, refrain from communicating with or contacting, by means of the Internet, a person who is not related to the accused SB0423 Enrolled - 30 - LRB103 02875 RLC 47881 b and whom the accused reasonably believes to be under 18 years of age;
(i) not access or use a computer or any other device with Internet capability without the prior written approval of the offender's probation officer, 10300SB0423sam001 -31- LRB103 02875 RLC 61159 a except in connection with the offender's employment or search for employment with the prior approval of the offender's probation officer;
(ii) submit to periodic unannounced examinations of the offender's computer or any other device with Internet capability by the offender's probation officer, a law enforcement officer, or assigned SB0423 Enrolled - 31 - LRB103 02875 RLC 47881 b computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment, or device to conduct a more thorough inspection;
(8.9) if convicted of a sex offense as defined in the Sex Offender Registration Act committed on or after January 1, 2010 (the effective date of Public Act 96-262), refrain from accessing or using a social networking website as defined in Section 17-0.5 of the Criminal Code 10300SB0423sam001 -32- LRB103 02875 RLC 61159 a of 2012;
922(g)(9), physically surrender SB0423 Enrolled - 32 - LRB103 02875 RLC 47881 b at a time and place designated by the court, his or her Firearm Owner's Identification Card and any and all firearms in his or her possession.
(11) if convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act committed 10300SB0423sam001 -33- LRB103 02875 RLC 61159 a on or after January 1, 2010 (the effective date of Public Act 96-362) that requires the person to register as a sex offender under that Act, may not knowingly use any computer scrub software on any computer that the sex offender uses;
(12) if convicted of a violation of the Methamphetamine Control and Community Protection Act, the SB0423 Enrolled - 33 - LRB103 02875 RLC 47881 b Methamphetamine Precursor Control Act, or a methamphetamine related offense:
(b) The Court may in addition to other reasonable conditions relating to the nature of the offense or the rehabilitation of the defendant as determined for each 10300SB0423sam001 -34- LRB103 02875 RLC 61159 a defendant in the proper discretion of the Court require that the person:
(3) work or pursue a course of study or vocational SB0423 Enrolled - 34 - LRB103 02875 RLC 47881 b training;
(v) with the consent of the superintendent of the facility, attend an educational program at a facility other than the school in which the offense was committed if he or she is convicted of a crime of violence as defined in Section 2 of the Crime Victims Compensation Act committed in a school, on the real property comprising a school, or within 1,000 feet of 10300SB0423sam001 -35- LRB103 02875 RLC 61159 a the real property comprising a school;
In addition to any other applicable condition of probation or conditional SB0423 Enrolled - 35 - LRB103 02875 RLC 47881 b discharge, the conditions of home confinement shall be that the offender:
(iv) for persons convicted of any alcohol, cannabis or controlled substance violation who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall impose a reasonable fee for each day of the use of the device, as established by the county board in 10300SB0423sam001 -36- LRB103 02875 RLC 61159 a subsection (g) of this Section, unless after determining the inability of the offender to pay the fee, the court assesses a lesser fee or no fee as the case may be.
The fee shall be collected by the clerk of the circuit court, except as provided in an administrative SB0423 Enrolled - 36 - LRB103 02875 RLC 47881 b order of the Chief Judge of the circuit court.
and 10300SB0423sam001 -37- LRB103 02875 RLC 61159 a (v) for persons convicted of offenses other than those referenced in clause (iv) above and who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after SB0423 Enrolled - 37 - LRB103 02875 RLC 47881 b determining the inability of the defendant to pay the fee, the court assesses a lesser fee or no fee as the case may be.
The program shall include provisions for indigent offenders and the collection 10300SB0423sam001 -38- LRB103 02875 RLC 61159 a of unpaid fees.
(11) comply with the terms and conditions of an order SB0423 Enrolled - 38 - LRB103 02875 RLC 47881 b of protection issued by the court pursuant to the Illinois Domestic Violence Act of 1986, as now or hereafter amended, or an order of protection issued by the court of another state, tribe, or United States territory.
(13) contribute a reasonable sum of money, not to exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced, (i) to a "local anti-crime program", as defined in Section 7 of the Anti-Crime Advisory Council Act, or (ii) for offenses under the jurisdiction of the Department of Natural 10300SB0423sam001 -39- LRB103 02875 RLC 61159 a Resources, to the fund established by the Department of Natural Resources for the purchase of evidence for investigation purposes and to conduct investigations as outlined in Section 805-105 of the Department of Natural Resources (Conservation) Law;
(14) refrain from entering into a designated geographic area except upon such terms as the court finds SB0423 Enrolled - 39 - LRB103 02875 RLC 47881 b appropriate.
(17) if convicted for an offense committed on or after June 1, 2008 (the effective date of Public Act 95-464) 10300SB0423sam001 -40- LRB103 02875 RLC 61159 a that would qualify the accused as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012, refrain from communicating with or contacting, by means of the Internet, a person who is related to the accused and whom the accused reasonably believes to be under 18 years of age;
for purposes of this paragraph (17), "Internet" has SB0423 Enrolled - 40 - LRB103 02875 RLC 47881 b the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012;
(ii) submit to periodic unannounced examinations of the offender's computer or any other device with Internet capability by the offender's probation 10300SB0423sam001 -41- LRB103 02875 RLC 61159 a officer, a law enforcement officer, or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment, or device to conduct a more thorough inspection;
SB0423 Enrolled - 41 - LRB103 02875 RLC 47881 b (iii) submit to the installation on the offender's computer or device with Internet capability, at the subject's expense, of one or more hardware or software systems to monitor the Internet use;
If such person is in possession of a permit or license, the court may require that the minor refrain from driving or operating 10300SB0423sam001 -42- LRB103 02875 RLC 61159 a any motor vehicle during the period of probation or conditional discharge, except as may be necessary in the course of the minor's lawful employment.
(e) Except where the offender has committed a fourth or SB0423 Enrolled - 42 - LRB103 02875 RLC 47881 b subsequent violation of subsection (c) of Section 6-303 of the Illinois Vehicle Code, the court shall not require as a condition of the sentence of probation or conditional discharge that the offender be committed to a period of imprisonment in excess of 6 months.
(g) An offender sentenced to probation or to conditional discharge and who during the term of either undergoes mandatory drug or alcohol testing, or both, or is assigned to be placed on an approved electronic monitoring device, shall be ordered to pay all costs incidental to such mandatory drug 10300SB0423sam001 -43- LRB103 02875 RLC 61159 a or alcohol testing, or both, and all costs incidental to such approved electronic monitoring in accordance with the defendant's ability to pay those costs.
The county board with the concurrence of the Chief Judge of the judicial circuit in which the county is located shall establish reasonable fees for the cost of maintenance, testing, and incidental expenses related to the mandatory drug or alcohol testing, or both, and SB0423 Enrolled - 43 - LRB103 02875 RLC 47881 b all costs incidental to approved electronic monitoring, involved in a successful probation program for the county.
The program shall not unduly burden 10300SB0423sam001 -44- LRB103 02875 RLC 61159 a the offender and shall be subject to review by the Chief Judge.
Further transfers or retransfers SB0423 Enrolled - 44 - LRB103 02875 RLC 47881 b of jurisdiction are also authorized in the same manner.
(i) The court shall impose upon an offender sentenced to probation after January 1, 1989 or to conditional discharge after January 1, 1992 or to community service under the supervision of a probation or court services department after January 1, 2004, as a condition of such probation or conditional discharge or supervised community service, a fee 10300SB0423sam001 -45- LRB103 02875 RLC 61159 a of $50 for each month of probation or conditional discharge supervision or supervised community service ordered by the court, unless after determining the inability of the person sentenced to probation or conditional discharge or supervised community service to pay the fee, the court assesses a lesser fee.
The court may not impose the fee on a minor who is placed in the guardianship or custody of the Department of Children SB0423 Enrolled - 45 - LRB103 02875 RLC 47881 b and Family Services under the Juvenile Court Act of 1987 while the minor is in placement.
The probation department may re-evaluate an offender's ability to pay every 6 months, and, 10300SB0423sam001 -46- LRB103 02875 RLC 61159 a with the approval of the Director of Court Services or the Chief Probation Officer, adjust the monthly fee amount.
Any offender that has been assigned to the supervision of a probation department, or has been transferred either under subsection (h) of this Section or under any interstate compact, shall be required to pay probation fees to the SB0423 Enrolled - 46 - LRB103 02875 RLC 47881 b department supervising the offender, based on the offender's ability to pay.
(j) All fines and costs imposed under this Section for any 10300SB0423sam001 -47- LRB103 02875 RLC 61159 a violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, shall be collected and disbursed by the circuit clerk as provided under the Criminal and Traffic Assessment Act.
(k) Any offender who is sentenced to probation or SB0423 Enrolled - 47 - LRB103 02875 RLC 47881 b conditional discharge for a felony sex offense as defined in the Sex Offender Management Board Act or any offense that the court or probation department has determined to be sexually motivated as defined in the Sex Offender Management Board Act shall be required to refrain from any contact, directly or indirectly, with any persons specified by the court and shall be available for all evaluations and treatment programs required by the court or the probation department.
10300SB0423sam001 -48- LRB103 02875 RLC 61159 a (a) Purpose.
The purpose of this Section is to ensure that State and local agencies direct their resources to services and programming that have been demonstrated to be effective in reducing recidivism and reintegrating offenders SB0423 Enrolled - 48 - LRB103 02875 RLC 47881 b into the locality.
10300SB0423sam001 -49- LRB103 02875 RLC 61159 a (A) Provide for a standardized individual case plan that follows the offender through the criminal justice system (including in-prison if the supervised individual is in prison) that is:
(i) Based on the assets of the individual as well as his or her risks and needs identified through the assessment tool as described in this SB0423 Enrolled - 49 - LRB103 02875 RLC 47881 b Act.
(ii) The system shall be guided by the model 10300SB0423sam001 -50- LRB103 02875 RLC 61159 a list of intermediate sanctions created by the Probation Services Division of the State of Illinois pursuant to subsection (1) of Section 15 of the Probation and Probation Officers Act and the system of intermediate sanctions created by the Chief Judge of each circuit court pursuant to Section 5-6-1 of the Unified Code of Corrections.
SB0423 Enrolled - 50 - LRB103 02875 RLC 47881 b (iii) The system of responses shall take into account factors such as the severity of the current violation;
10300SB0423sam001 -51- LRB103 02875 RLC 61159 a (2) Conditions of local supervision (probation and mandatory supervised release).
(3) The Department of Corrections and the Prisoner SB0423 Enrolled - 51 - LRB103 02875 RLC 47881 b Review Board shall annually publish an exemplar copy of any evidence-based assessments, questionnaires, or other instruments used to set conditions of release.
and within 5 years of the adoption, validation, and utilization of the statewide, standardized risk assessment tool result in at least 75% of incarcerated individuals receiving services and programming in 10300SB0423sam001 -52- LRB103 02875 RLC 61159 a accordance with evidence-based practices.
should be continuously updated based on SB0423 Enrolled - 52 - LRB103 02875 RLC 47881 b program participation by the prisoner and other behavior modification exhibited by the prisoner;
(3) The Department of Corrections shall provide its 10300SB0423sam001 -53- LRB103 02875 RLC 61159 a employees with intensive and ongoing training and professional development services to support the implementation of evidence-based practices.
The training and professional development services shall include assessment techniques, case planning, cognitive behavioral training, risk reduction and intervention strategies, effective communication skills, substance abuse treatment SB0423 Enrolled - 53 - LRB103 02875 RLC 47881 b education and other topics identified by the Department or its employees.
Annually, each agency shall 10300SB0423sam001 -54- LRB103 02875 RLC 61159 a submit to the Sentencing Policy Advisory Council a comprehensive report on the success of implementing evidence-based practices.
(f) The Department of Corrections and the Prisoner Review Board shall release a report annually published on their SB0423 Enrolled - 54 - LRB103 02875 RLC 47881 b websites that reports the following information about the usage of electronic monitoring and GPS monitoring as a condition of parole and mandatory supervised release during the prior calendar year:
(3) the number of individuals subject to conditions of 10300SB0423sam001 -55- LRB103 02875 RLC 61159 a electronic or GPS monitoring, separated by the following categories:
(B) the number of individuals subject monitoring under Section 5-8A-7 of the Unified Code of SB0423 Enrolled - 55 - LRB103 02875 RLC 47881 b Corrections;
10300SB0423sam001 -56- LRB103 02875 RLC 61159 a (B) 31 to 60 days;
and SB0423 Enrolled - 56 - LRB103 02875 RLC 47881 b (I) duration of release term;
10300SB0423sam001 -57- LRB103 02875 RLC 61159 a (A) cases when failure to comply with the terms of monitoring was the sole violation alleged;
(8) residential data for individuals subject to electronic or GPS monitoring, separated by the following SB0423 Enrolled - 57 - LRB103 02875 RLC 47881 b categories:
(B) the number of individuals who had violations of paragraph (1) of subsection (a) of Section 3-3-7 of 10300SB0423sam001 -58- LRB103 02875 RLC 61159 a the Unified Code of Corrections alleged against them who were never subject to electronic or GPS monitoring during their current term of release;
and (C) the number of individuals who had violations of paragraph (1) of subsection (a) of Section 3-3-7 of the Unified Code of Corrections alleged against them who were subject to electronic or GPS monitoring for SB0423 Enrolled - 58 - LRB103 02875 RLC 47881 b any period of time during their current term of their release, but who were not subject to such monitoring at the time of the alleged violation of paragraph (1) of subsection (a) of Section 3-3-7 of the Unified Code of Corrections.
8-20-21.)8-20-21.)".