HB4077 EngrossedLRB100 13021 RLC 27289 b



1 AN ACT concerning criminal law.


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

3represented in the General Assembly:



4 Section 5. The Unified Code of Corrections is amended by 
5changing 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 
17 misdemeanor, the offense involved the intentional or 
18 knowing infliction of bodily harm or threat of bodily harm;


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

23 notification and approval of the person's probation

 
 
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1 officer. Transfer of a person's probation or conditional 
2 discharge
supervision to another state is subject to 
3 acceptance by the other state
pursuant to the Interstate 
4 Compact for Adult Offender Supervision;


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


8  (6) perform no less than 30 hours of community service 
9 and not more than
120 hours of community service, if 
10 community service is available in the
jurisdiction and is 
11 funded and approved by the county board where the offense

12 was committed, where the offense was related to or in 
13 furtherance of the
criminal activities of an organized gang 
14 and was motivated by the offender's
membership in or 
15 allegiance to an organized gang. The community service 
16 shall
include, but not be limited to, the cleanup and 
17 repair of any damage caused by
a violation of Section 
18 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 
19 2012 and similar damage
to property located within the 
20 municipality or county in which the violation
occurred. 
21 When possible and reasonable, the community service should 
22 be
performed in the offender's neighborhood. For purposes 
23 of this Section,
"organized gang" has the meaning ascribed 
24 to it in Section 10 of the Illinois
Streetgang Terrorism 
25 Omnibus Prevention Act. The court may give credit toward 
26 the fulfillment of community service hours for 
 
 
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1 participation in activities and treatment as determined by 
2 court services;


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

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

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


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


18  (8.5) if convicted of a felony sex offense as defined 
19 in the Sex
Offender
Management Board Act, the person shall 
20 undergo and successfully complete sex
offender treatment 
21 by a treatment provider approved by the Board and conducted

22 in conformance with the standards developed under the Sex

23 Offender Management Board Act;

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

8  (9) if convicted of a felony or of any misdemeanor 
9 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 
10 12-3.5 of the Criminal Code of 1961 or the Criminal Code of 
11 2012 that was determined, pursuant to Section 112A-11.1 of 
12 the Code of Criminal Procedure of 1963, to trigger the 
13 prohibitions of 18 U.S.C. 922(g)(9), physically surrender 
14 at a time and place
designated by the court, his or her 
15 Firearm
Owner's Identification Card and
any and all 
16 firearms in
his or her possession. The Court shall return 
17 to the Department of State Police Firearm Owner's 
18 Identification Card Office the person's Firearm Owner's 
19 Identification Card;


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

12 Precursor Control Act, or a methamphetamine related 
13 offense:
14   (A) prohibited from purchasing, possessing, or 
15 having under his or her control any product containing 
16 pseudoephedrine unless prescribed by a physician; and
17   (B) prohibited from purchasing, possessing, or 
18 having under his or her control any product containing 
19 ammonium nitrate; and
20  (13) if convicted of a hate crime involving the 
21 protected class identified in subsection (a) of Section 
22 12-7.1 of the Criminal Code of 2012 that gave rise to the 
23 offense the offender committed, perform public or 
24 community service of no less than 200 hours and enroll in 
25 an educational program discouraging hate crimes that 
26 includes racial, ethnic, and cultural sensitivity training 
 
 
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1 ordered by the court. 
2 (b) The Court may in addition to other reasonable 
3conditions relating to the
nature of the offense or the 
4rehabilitation of the defendant as determined for
each 
5defendant in the proper discretion of the Court require that 
6the person:


7  (1) serve a term of periodic imprisonment under Article 
8 7 for a
period not to exceed that specified in paragraph 
9 (d) of Section 5-7-1;


10  (2) pay a fine and costs;


11  (3) work or pursue a course of study or vocational 
12 training;


13  (4) undergo medical, psychological or psychiatric 
14 treatment; or treatment
for drug addiction or alcoholism;


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


17  (6) support his dependents;


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


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


20   (ii) attend school;


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


22   (iv) contribute to his own support at home or in a 
23 foster home;


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

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

4 property
comprising a school, or within 1,000 feet of 
5 the real property comprising a
school;


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


8  (9) perform some reasonable public or community 
9 service;


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


14   (i) remain within the interior premises of the 
15 place designated for
his confinement during the hours 
16 designated by the court;


17   (ii) admit any person or agent designated by the 
18 court into the
offender's place of confinement at any 
19 time for purposes of verifying
the offender's 
20 compliance with the conditions of his confinement; and


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


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


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

24 The Chief Judge of the circuit court of the county may 
25 by administrative order establish a program for 
26 electronic monitoring of offenders, in which a vendor 
 
 
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1 supplies and monitors the operation of the electronic 
2 monitoring device, and collects the fees on behalf of 
3 the county. The program shall include provisions for 
4 indigent offenders and the collection of unpaid fees. 
5 The program shall not unduly burden the offender and 
6 shall be subject to review by the Chief Judge. 

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


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, if
the defendant has been placed on 
13 probation or advance approval by the
court, if the 
14 defendant was placed on conditional discharge;


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


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

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


5 (d) An offender sentenced to probation or to conditional 
6discharge
shall be given a certificate setting forth the 
7conditions thereof.


8 (e) Except where the offender has committed a fourth or 
9subsequent
violation of subsection (c) of Section 6-303 of the 
10Illinois Vehicle Code,
the court shall not require as a 
11condition of the sentence of
probation or conditional discharge 
12that the offender be committed to a
period of imprisonment in 
13excess of 6 months.
This 6-month limit shall not include 
14periods of confinement given pursuant to
a sentence of county 
15impact incarceration under Section 5-8-1.2.

16 Persons committed to imprisonment as a condition of 
17probation or
conditional discharge shall not be committed to 
18the Department of
Corrections.


19 (f) The court may combine a sentence of periodic 
20imprisonment under
Article 7 or a sentence to a county impact 
21incarceration program under
Article 8 with a sentence of 
22probation or conditional discharge.


23 (g) An offender sentenced to probation or to conditional 
24discharge and
who during the term of either undergoes mandatory 
25drug or alcohol testing,
or both, or is assigned to be placed 
26on an approved electronic monitoring
device, shall be ordered 
 
 
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1to pay all costs incidental to such mandatory drug
or alcohol 
2testing, or both, and all costs
incidental to such approved 
3electronic monitoring in accordance with the
defendant's 
4ability to pay those costs. The county board with
the 
5concurrence of the Chief Judge of the judicial
circuit in which 
6the county is located shall establish reasonable fees for
the 
7cost of maintenance, testing, and incidental expenses related 
8to the
mandatory drug or alcohol testing, or both, and all 
9costs incidental to
approved electronic monitoring, involved 
10in a successful probation program
for the county. The 
11concurrence of the Chief Judge shall be in the form of
an 
12administrative order.
The fees shall be collected by the clerk 
13of the circuit court, except as provided in an administrative 
14order of the Chief Judge of the circuit court. The clerk of
the 
15circuit court shall pay all moneys collected from these fees to 
16the county
treasurer who shall use the moneys collected to 
17defray the costs of
drug testing, alcohol testing, and 
18electronic monitoring.
The county treasurer shall deposit the 
19fees collected in the
county working cash fund under Section 
206-27001 or Section 6-29002 of the
Counties Code, as the case 
21may be.
The Chief Judge of the circuit court of the county may 
22by administrative order establish a program for electronic 
23monitoring of offenders, in which a vendor supplies and 
24monitors the operation of the electronic monitoring device, and 
25collects the fees on behalf of the county. The program shall 
26include provisions for indigent offenders and the collection of 
 
 
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1unpaid fees. The program shall not unduly burden the offender 
2and shall be subject to review by the Chief Judge. 

3 The Chief Judge of the circuit court may suspend any 
4additional charges or fees for late payment, interest, or 
5damage to any device. 
6 (h) Jurisdiction over an offender may be transferred from 
7the
sentencing court to the court of another circuit with the 
8concurrence of
both courts. Further transfers or retransfers of

9jurisdiction are also
authorized in the same manner. The court 
10to which jurisdiction has been
transferred shall have the same 
11powers as the sentencing court.
The probation department within 
12the circuit to which jurisdiction has been transferred, or 
13which has agreed to provide supervision, may impose probation 
14fees upon receiving the transferred offender, as provided in 
15subsection (i). For all transfer cases, as defined in Section 
169b of the Probation and Probation Officers Act, the probation 
17department from the original sentencing court shall retain all 
18probation fees collected prior to the transfer. After the 
19transfer,
all probation fees shall be paid to the probation 
20department within the
circuit to which jurisdiction has been 
21transferred.

22 (i) The court shall impose upon an offender
sentenced to 
23probation after January 1, 1989 or to conditional discharge

24after January 1, 1992 or to community service under the 
25supervision of a
probation or court services department after 
26January 1, 2004, as a condition of such probation or 
 
 
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1conditional
discharge or supervised community service, a fee of 
2$50
for each month of probation or
conditional
discharge 
3supervision or supervised community service ordered by the 
4court, unless after
determining the inability of the person 
5sentenced to probation or conditional
discharge or supervised 
6community service to pay the
fee, the court assesses a lesser 
7fee. The court may not impose the fee on a
minor who is placed 
8in the guardianship or custody of the Department of Children 
9and Family Services under the Juvenile Court Act of 1987
while 
10the minor is in placement.
The fee shall be imposed only upon

11an offender who is actively supervised by the
probation and 
12court services
department. The fee shall be collected by the 
13clerk
of the circuit court. The clerk of the circuit court 
14shall pay all monies
collected from this fee to the county 
15treasurer for deposit in the
probation and court services fund 
16under Section 15.1 of the
Probation and Probation Officers Act.

17 A circuit court may not impose a probation fee under this 
18subsection (i) in excess of $25
per month unless the circuit 
19court has adopted, by administrative
order issued by the chief 
20judge, a standard probation fee guide
determining an offender's 
21ability to pay Of the
amount collected as a probation fee, up 
22to $5 of that fee
collected per month may be used to provide 
23services to crime victims
and their families.
24 The Court may only waive probation fees based on an 
25offender's ability to pay. The probation department may 
26re-evaluate an offender's ability to pay every 6 months, and, 
 
 
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1with the approval of the Director of Court Services or the 
2Chief Probation Officer, adjust the monthly fee amount. An 
3offender may elect to pay probation fees due in a lump sum.
Any 
4offender that has been assigned to the supervision of a 
5probation department, or has been transferred either under 
6subsection (h) of this Section or under any interstate compact, 
7shall be required to pay probation fees to the department 
8supervising the offender, based on the offender's ability to 
9pay.


10 Public Act 93-970 deletes the $10 increase in the fee under 
11this subsection that was imposed by Public Act 93-616. This 
12deletion is intended to control over any other Act of the 93rd 
13General Assembly that retains or incorporates that fee 
14increase.
15 (i-5) In addition to the fees imposed under subsection (i) 
16of this Section, in the case of an offender convicted of a 
17felony sex offense (as defined in the Sex Offender Management 
18Board Act) or an offense that the court or probation department 
19has determined to be sexually motivated (as defined in the Sex 
20Offender Management Board Act), the court or the probation 
21department shall assess additional fees to pay for all costs of 
22treatment, assessment, evaluation for risk and treatment, and 
23monitoring the offender, based on that offender's ability to 
24pay those costs either as they occur or under a payment plan.
25 (j) All fines and costs imposed under this Section for any 
26violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle 
 
 
HB4077 Engrossed- 22 -LRB100 13021 RLC 27289 b


1Code, or a similar
provision of a local ordinance, and any 
2violation of the Child Passenger
Protection Act, or a similar 
3provision of a local ordinance, shall be
collected and 
4disbursed by the circuit clerk as provided under Section 27.5

5of the Clerks of Courts Act.


6 (k) Any offender who is sentenced to probation or 
7conditional discharge for a felony sex offense as defined in 
8the Sex Offender Management Board Act or any offense that the 
9court or probation department has determined to be sexually 
10motivated as defined in the Sex Offender Management Board Act 
11shall be required to refrain from any contact, directly or 
12indirectly, with any persons specified by the court and shall 
13be available for all evaluations and treatment programs 
14required by the court or the probation department.

15 (l) The court may order an offender who is sentenced to 
16probation or conditional
discharge for a violation of an order 
17of protection be placed under electronic surveillance as 
18provided in Section 5-8A-7 of this Code. 
19 (m) A person sentenced to a term of probation or 
20conditional discharge for a Class 4 felony or a misdemeanor, on 
21or after January 1, 2019, shall receive a credit against the 
22time on his or her probation or conditional discharge for the 
23amount of time served in jail on that offense. 
24(Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16; 
25100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff. 
261-8-18.)