HB 50 — CD CORR-CHILD SEX OFFENDER

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

and.

(17) if convicted for an offense committed on or after the effective date of this amendatory Act of the 95th General Assembly that would qualify the accused as a child HB0050 Enrolled - 20 - LRB095 03827 RLC 23858 b sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961, 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 the meaning ascribed to it in Section 16J-5 of the Criminal Code of 1961, as added by Public Act 94-179;

and a person is related to the accused if the person is:

(i) the spouse, brother, or sister of the accused;

(ii) a descendant of the accused;

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

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

(e) Except where the offender has committed a fourth or HB0050 Enrolled - 21 - LRB095 03827 RLC 23858 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 HB0050 Engrossed - 20 - LRB095 03827 RLC 23858 b excess of 6 months.

The county board with the HB0050 Enrolled - 22 - LRB095 03827 RLC 23858 b 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 all HB0050 Engrossed - 21 - LRB095 03827 RLC 23858 b costs incidental to approved electronic monitoring, involved in a successful probation program for the county.

(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 HB0050 Enrolled - 23 - LRB095 03827 RLC 23858 b conditional discharge or supervised community service, a fee 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 HB0050 Engrossed - 22 - LRB095 03827 RLC 23858 b sentenced to probation or conditional discharge or supervised community service to pay the fee, the court assesses a lesser fee.

Of the amount collected as a probation fee, up to $5 of that fee HB0050 Enrolled - 24 - LRB095 03827 RLC 23858 b collected per month may be used to provide services to crime victims and their families.

This amendatory Act of the 93rd General Assembly deletes the $10 increase in the fee under this subsection that was HB0050 Engrossed - 23 - LRB095 03827 RLC 23858 b imposed by Public Act 93-616.

(k) Any offender who is sentenced to probation or conditional discharge for a felony sex offense as defined in HB0050 Enrolled - 25 - LRB095 03827 RLC 23858 b 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 HB0050 Engrossed - 24 - LRB095 03827 RLC 23858 b 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.

Additionally, the court shall order the defendant to perform no less than 30 hours of community service and not more than 120 HB0050 Enrolled - 26 - LRB095 03827 RLC 23858 b 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, when the offense (1) was related to or in furtherance of the criminal activities of an HB0050 Engrossed - 25 - LRB095 03827 RLC 23858 b organized gang or was motivated by the defendant’s membership in or allegiance to an organized gang;

(1) make a report to and appear in person before or participate with the court or such courts, person, or social service agency as directed by the court in the order HB0050 Enrolled - 27 - LRB095 03827 RLC 23858 b of supervision;

HB0050 Engrossed - 26 - LRB095 03827 RLC 23858 b (4) undergo medical, psychological or psychiatric treatment;

(9) make restitution or reparation in an amount not to HB0050 Enrolled - 28 - LRB095 03827 RLC 23858 b exceed actual loss or damage to property and pecuniary loss or make restitution under Section 5-5-6 to a domestic violence shelter.

HB0050 Engrossed - 27 - LRB095 03827 RLC 23858 b (10) perform some reasonable public or community service;

HB0050 Enrolled - 29 - LRB095 03827 RLC 23858 b (14) refrain from entering into a designated geographic area except upon such terms as the court finds appropriate.

Such terms may include consideration of the purpose of the entry, the time of day, other persons HB0050 Engrossed - 28 - LRB095 03827 RLC 23858 b accompanying the defendant, and advance approval by a probation officer;

and (18) if placed on supervision for a sex offense as HB0050 Enrolled - 30 - LRB095 03827 RLC 23858 b 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 HB0050 Engrossed - 29 - LRB095 03827 RLC 23858 b holiday event involving children under 18 years of age, such as 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.

Two years after the discharge and dismissal under this Section, unless the disposition of supervision was for a violation of Sections 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance, or for a violation of HB0050 Enrolled - 31 - LRB095 03827 RLC 23858 b Sections 12-3.2 or 16A-3 of the Criminal Code of 1961, in which case it shall be 5 years after discharge and dismissal, a person may have his record of arrest sealed or expunged as may be provided by law.

However, any defendant placed on HB0050 Engrossed - 30 - LRB095 03827 RLC 23858 b supervision before January 1, 1980, may move for sealing or expungement of his arrest record, as provided by law, at any time after discharge and dismissal under this Section.

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 all costs incidental to approved electronic monitoring, of all defendants placed on HB0050 Enrolled - 32 - LRB095 03827 RLC 23858 b supervision.

The clerk of the circuit court shall pay all moneys collected from these fees to the county HB0050 Engrossed - 31 - LRB095 03827 RLC 23858 b treasurer who shall use the moneys collected to defray the costs of drug testing, alcohol testing, and electronic monitoring.

The clerk of the circuit court shall pay all monies collected from HB0050 Enrolled - 33 - LRB095 03827 RLC 23858 b this fee to the county treasurer for deposit in the probation and court services fund pursuant to Section 15.1 of the Probation and Probation Officers Act.

A circuit court may not impose a probation fee in excess of HB0050 Engrossed - 32 - LRB095 03827 RLC 23858 b $25 per month unless:

(k) A defendant at least 17 years of age who is placed on supervision for a misdemeanor in a county of 3,000,000 or more inhabitants and who has not been previously convicted of a misdemeanor or felony may as a condition of his or her HB0050 Enrolled - 34 - LRB095 03827 RLC 23858 b supervision be required by the court to attend educational courses designed to prepare the defendant for a high school diploma and to work toward a high school diploma or to work toward passing the high school level Test of General HB0050 Engrossed - 33 - LRB095 03827 RLC 23858 b Educational Development (GED) or to work toward completing a vocational training program approved by the court.

(l) The court shall require a defendant placed on supervision for 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 or disposition of supervision for HB0050 Enrolled - 35 - LRB095 03827 RLC 23858 b possession of a substance prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act or a sentence of probation under Section 10 of the Cannabis Control HB0050 Engrossed - 34 - LRB095 03827 RLC 23858 b Act or Section 410 of the Illinois Controlled Substances Act and after a finding by the court that the person is addicted, to undergo treatment at a substance abuse program approved by the court.

(n) Any offender placed on supervision for 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 HB0050 Enrolled - 36 - LRB095 03827 RLC 23858 b be available for all evaluations and treatment programs required by the court or the probation department.

(o) An offender placed on supervision for a sex offense as defined in the Sex Offender Management Board Act shall refrain HB0050 Engrossed - 35 - LRB095 03827 RLC 23858 b 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.

(i) the spouse, brother, or sister of the accused;

(ii) a descendant of the accused;

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

or (iv) a step-child or adopted child of the HB0050 Enrolled - 37 - LRB095 03827 RLC 23858 b accused.

(q) An offender placed on supervision for an offense committed on or after the effective date of this amendatory Act of the 95th General Assembly 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 shall, if so ordered by the court, 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 subsection (q), "Internet" has the meaning ascribed to it in Section 16J-5 of the Criminal Code of 1961, as added by Public Act 94-179;

and a person is related to the accused if the person is: