Would I be able to remove an arrest from my record after my court supervision?
Full Question:
Would I be able to remove an arrest from my record after my court supervision? This happened last november. I pleaded guilty but was not convicted because I finished the court supervision. It was for retail theft.
11/08/2007 |
Category: Criminal » Expungement ... |
State: Illinois |
#11903
Answer:
The following are Illinois statutes:
20 ILCS 2630/5 (from Ch. 38, par. 206-5)
Sec. 5. Arrest reports; expungement.
(a) All policing bodies of this State shall furnish to the Department,
daily, in the form and detail the Department requires, fingerprints and
descriptions of all persons who are arrested on charges of violating any
penal statute of this State for offenses that are classified as felonies
and Class A or B misdemeanors and of all minors of the age of 10 and over
who have been arrested for an offense which would be a felony if committed
by an adult, and may forward such fingerprints and descriptions for minors
arrested for Class A or B misdemeanors. Moving or nonmoving traffic
violations under the Illinois Vehicle Code shall not be reported except for
violations of Chapter 4, Section 11-204.1, or Section 11-501 of that Code.
In addition, conservation offenses, as defined in the Supreme Court Rule
501(c), that are classified as Class B misdemeanors shall not be reported.
Whenever an adult or minor prosecuted as an adult, not having previously
been convicted of any criminal offense or municipal ordinance violation,
charged with a violation of a municipal ordinance or a felony or
misdemeanor, is acquitted or released without being convicted, whether the
acquittal or release occurred before, on, or after the effective date of
this amendatory Act of 1991, the Chief Judge of the circuit wherein the
charge was brought, any judge of that circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the presiding
trial judge at the defendant's trial may upon verified petition of the
defendant order the record of arrest expunged from the official records of
the arresting authority and the Department and order that the records of
the clerk of the circuit court be sealed until further order of the court
upon good cause shown and the name of the defendant obliterated on the
official index required to be kept by the circuit court clerk under Section
16 of the Clerks of Courts Act, but the order shall not affect any index
issued by the circuit court clerk before the entry of the order. The
Department may charge the petitioner a fee equivalent to the cost of
processing any order to expunge or seal the records, and the fee shall be
deposited into the State Police Services Fund. The records of those
arrests, however, that result in a disposition of supervision for any
offense shall not be expunged from the records of the arresting authority
or the Department nor impounded by the court until 2 years after discharge
and dismissal of supervision. Those records that result from a supervision
for a violation of Section 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 Section 12-3.2, 12-15 or 16A-3 of the Criminal Code of 1961,
or probation under Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, Section 70 of the Methamphetamine
Control and Community Protection Act, Section 12-4.3(b)(1) and (2) of the
Criminal Code of 1961 (as those provisions existed before their deletion by
Public Act 89-313), Section 10-102 of the Illinois Alcoholism and Other
Drug Dependency Act when the judgment of conviction has been vacated,
Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act
when the judgment of conviction has been vacated, or Section 10 of the
Steroid Control Act shall not be expunged from the records of the arresting
authority nor impounded by the court until 5 years after termination of
probation or supervision. Those records that result from a supervision for
a violation of Section 11-501 of the Illinois Vehicle Code or a similar
provision of a local ordinance, shall not be expunged. All records set out
above may be ordered by the court to be expunged from the records of the
arresting authority and impounded by the court after 5 years, but shall not
be expunged by the Department, but shall, on court order be sealed by the
Department and may be disseminated by the Department only as required by
law or to the arresting authority, the State's Attorney, and the court upon
a later arrest for the same or a similar offense or for the purpose of
sentencing for any subsequent felony. Upon conviction for any offense, the
Department of Corrections shall have access to all sealed records of the
Department pertaining to that individual.
(a-5) Those records maintained by the Department for persons arrested
prior to their 17th birthday shall be expunged as provided in Section 5-915
of the Juvenile Court Act of 1987.
(b) Whenever a person has been convicted of a crime or of the violation
of a municipal ordinance, in the name of a person whose identity he has
stolen or otherwise come into possession of, the aggrieved person from whom
the identity was stolen or otherwise obtained without authorization, upon
learning of the person having been arrested using his identity, may, upon
verified petition to the chief judge of the circuit wherein the arrest was
made, have a court order entered nunc pro tunc by the chief judge to
correct the arrest record, conviction record, if any, and all official
records of the arresting authority, the Department, other criminal justice
agencies, the prosecutor, and the trial court concerning such arrest, if
any, by removing his name from all such records in connection with the
arrest and conviction, if any, and by inserting in the records the name of
the offender, if known or ascertainable, in lieu of the aggrieved's name.
The records of the clerk of the circuit court clerk shall be sealed until
further order of the court upon good cause shown and the name of the
aggrieved person obliterated on the official index required to be kept by
the circuit court clerk under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the circuit court clerk
before the entry of the order. Nothing in this Section shall limit the
Department of State Police or other criminal justice agencies or
prosecutors from listing under an offender's name the false names he or she
has used. For purposes of this Section, convictions for moving and
nonmoving traffic violations other than convictions for violations of
Chapter 4, Section 11-204.1 or Section 11-501 of the Illinois Vehicle Code
shall not be a bar to expunging the record of arrest and court records for
violation of a misdemeanor or municipal ordinance.
(c) Whenever a person who has been convicted of an offense is granted a
pardon by the Governor which specifically authorizes expungement, he may,
upon verified petition to the chief judge of the circuit where the person
had been convicted, any judge of the circuit designated by the Chief Judge,
or in counties of less than 3,000,000 inhabitants, the presiding trial
judge at the defendant's trial, may have a court order entered expunging
the record of arrest from the official records of the arresting authority
and order that the records of the clerk of the circuit court and the
Department be sealed until further order of the court upon good cause shown
or as otherwise provided herein, and the name of the defendant obliterated
from the official index requested to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act in connection with the arrest
and conviction for the offense for which he had been pardoned but the order
shall not affect any index issued by the circuit court clerk before the
entry of the order. All records sealed by the Department may be
disseminated by the Department only as required by law or to the arresting
authority, the State's Attorney, and the court upon a later arrest for the
same or similar offense or for the purpose of sentencing for any subsequent
felony. Upon conviction for any subsequent offense, the Department of
Corrections shall have access to all sealed records of the Department
pertaining to that individual. Upon entry of the order of expungement, the
clerk of the circuit court shall promptly mail a copy of the order to the
person who was pardoned.
(c-5) Whenever a person has been convicted of criminal sexual assault,
aggravated criminal sexual assault, predatory criminal sexual assault of a
child, criminal sexual abuse, or aggravated criminal sexual abuse, the
victim of that offense may request that the State's Attorney of the county
in which the conviction occurred file a verified petition with the
presiding trial judge at the defendant's trial to have a court order
entered to seal the records of the clerk of the circuit court in connection
with the proceedings of the trial court concerning that offense. However,
the records of the arresting authority and the Department of State Police
concerning the offense shall not be sealed. The court, upon good cause
shown, shall make the records of the clerk of the circuit court in
connection with the proceedings of the trial court concerning the offense
available for public inspection.
(c-6) If a conviction has been set aside on direct review or on
collateral attack and the court determines by clear and convincing evidence
that the defendant was factually innocent of the charge, the court shall
enter an expungement order as provided in subsection (b) of Section 5-5-4
of the Unified Code of Corrections.
(d) Notice of the petition for subsections (a), (b), and (c) shall be
served upon the State's Attorney or prosecutor charged with the duty of
prosecuting the offense, the Department of State Police, the arresting
agency and the chief legal officer of the unit of local government
affecting the arrest. Unless the State's Attorney or prosecutor, the
Department of State Police, the arresting agency or such chief legal
officer objects to the petition within 30 days from the date of the notice,
the court shall enter an order granting or denying the petition. The clerk
of the court shall promptly mail a copy of the order to the person, the
arresting agency, the prosecutor, the Department of State Police and such
other criminal justice agencies as may be ordered by the judge.
(e) Nothing herein shall prevent the Department of State Police from
maintaining all records of any person who is admitted to probation upon
terms and conditions and who fulfills those terms and conditions pursuant
to Section 10 of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, Section 70 of the Methamphetamine Control and
Community Protection Act, Section 12-4.3 of the Criminal Code of 1961,
Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act,
Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act, or
Section 10 of the Steroid Control Act.
(f) No court order issued under the expungement provisions of this
Section shall become final for purposes of appeal until 30 days after
notice is received by the Department. Any court order contrary to the
provisions of this Section is void.
(g) Except as otherwise provided in subsection (c-5) of this Section, the
court shall not order the sealing or expungement of the arrest records and
records of the circuit court clerk of any person granted supervision for or
convicted of any sexual offense committed against a minor under 18 years of
age. For the purposes of this Section, "sexual offense committed against a
minor" includes but is not limited to the offenses of indecent solicitation
of a child or criminal sexual abuse when the victim of such offense is
under 18 years of age.
(h)(1) Applicability. Notwithstanding any other provision of this Act to
the contrary and cumulative with any rights to expungement of criminal
records, this subsection authorizes the sealing of criminal records of
adults and of minors prosecuted as adults.
(2) Sealable offenses. The following offenses may be sealed:
(A) All municipal ordinance violations and misdemeanors, with the
exception of the following:
(i) violations of Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance;
(ii) violations of Article 11 of the Criminal Code of 1961 or a similar
provision of a local ordinance, except Section 11-14 of the Criminal Code
of 1961 as provided in clause B(i) of this subsection (h);
(iii) violations of Section 12-15, 12-30, or 26-5 of the Criminal Code
of 1961 or a similar provision of a local ordinance;
(iv) violations that are a crime of violence as defined in Section 2 of
the Crime Victims Compensation Act or a similar provision of a local
ordinance;
(v) Class A misdemeanor violations of the Humane Care for Animals Act;
and
(vi) any offense or attempted offense that would subject a person to
registration under the Sex Offender Registration Act.
(B) Misdemeanor and Class 4 felony violations of:
(i) Section 11-14 of the Criminal Code of 1961;
(ii) Section 4 of the Cannabis Control Act;
(iii) Section 402 of the Illinois Controlled Substances Act; and
(iv) Section 60 of the Methamphetamine Control and Community Protection
Act.
However, for purposes of this subsection (h), a sentence of first
offender 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 shall be treated as a
Class 4 felony conviction.
(3) Requirements for sealing. Records identified as sealable under clause
(h)(2) may be sealed when the individual was:
(A) Acquitted of the offense or offenses or released without being
convicted.
(B) Convicted of the offense or offenses and the conviction or
convictions were reversed.
(C) Placed on misdemeanor supervision for an offense or offenses; and
(i) at least 3 years have elapsed since the completion of the term of
supervision, or terms of supervision, if more than one term has been
ordered; and
(ii) the individual has not been convicted of a felony or misdemeanor or
placed on supervision for a misdemeanor or felony during the period
specified in clause (i).
(D) Convicted of an offense or offenses; and
(i) at least 4 years have elapsed since the last such conviction or term
of any sentence, probation, parole, or supervision, if any, whichever is
last in time; and
(ii) the individual has not been convicted of a felony or misdemeanor or
placed on supervision for a misdemeanor or felony during the period
specified in clause (i).
(4) Requirements for sealing of records when more than one charge and
disposition have been filed. When multiple offenses are petitioned to be
sealed under this subsection (h), the requirements of the relevant
provisions of clauses (h)(3)(A) through (D) each apply. In instances in
which more than one waiting period is applicable under clauses (h)(C)(i)
and (ii) and (h)(D)(i) and (ii), the longer applicable period applies, and
the requirements of clause (h)(3) shall be considered met when the petition
is filed after the passage of the longer applicable waiting period. That
period commences on the date of the completion of the last sentence or the
end of supervision, probation, or parole, whichever is last in time.
(5) Subsequent convictions. A person may not have subsequent felony
conviction records sealed as provided in this subsection (h) if he or she
is convicted of any felony offense after the date of the sealing of prior
felony records as provided in this subsection (h).
(6) Notice of eligibility for sealing. Upon acquittal, release without
conviction, or being placed on supervision for a sealable offense, or upon
conviction of a sealable offense, the person shall be informed by the court
of the right to have the records sealed and the procedures for the sealing
of the records.
(7) Procedure. Upon becoming eligible for the sealing of records under
this subsection (h), the person who seeks the sealing of his or her records
shall file a petition requesting the sealing of records with the clerk of
the court where the charge or charges were brought. The records may be
sealed by the Chief Judge of the circuit wherein the charge was brought,
any judge of that circuit designated by the Chief Judge, or in counties of
less than 3,000,000 inhabitants, the presiding trial judge at the
defendant's trial, if any. If charges were brought in multiple
jurisdictions, a petition must be filed in each such jurisdiction. The
petitioner shall pay the applicable fee, if not waived.
(A) Contents of petition. The petition shall contain the petitioner's
name, date of birth, current address, each charge, each case number, the
date of each charge, the identity of the arresting authority, and such
other information as the court may require. During the pendency of the
proceeding, the petitioner shall promptly notify the clerk of the court of
any change of address.
(B) Drug test. A person filing a petition to have his or her records
sealed for a Class 4 felony violation of Section 4 of the Cannabis Control
Act or for a Class 4 felony violation of Section 402 of the Illinois
Controlled Substances Act must attach to the petition proof that the
petitioner has passed a test taken within the previous 30 days before the
filing of the petition showing the absence within his or her body of all
illegal substances in violation of either the Illinois Controlled
Substances Act or the Cannabis Control Act.
(C) Service of petition. The clerk shall promptly serve a copy of the
petition on the State's Attorney or prosecutor charged with the duty of
prosecuting the offense, the Department of State Police, the arresting
agency and the chief legal officer of the unit of local government
effecting the arrest.
(D) Entry of order. Unless the State's Attorney or prosecutor, the
Department of State Police, the arresting agency or such chief legal
officer objects to sealing of the records within 90 days of notice the
court shall enter an order sealing the defendant's records.
(E) Hearing upon objection. If an objection is filed, the court shall set
a date for a hearing and notify the petitioner and the parties on whom the
petition had been served, and shall hear evidence on whether the sealing of
the records should or should not be granted, and shall make a determination
on whether to issue an order to seal the records based on the evidence
presented at the hearing.
(F) Service of order. After entering the order to seal records, the court
must provide copies of the order to the Department, in a form and manner
prescribed by the Department, to the petitioner, to the State's Attorney or
prosecutor charged with the duty of prosecuting the offense, to the
arresting agency, to the chief legal officer of the unit of local
government effecting the arrest, and to such other criminal justice
agencies as may be ordered by the court.
(8) Fees. Notwithstanding any provision of the Clerk of the Courts Act to
the contrary, and subject to the approval of the county board, the clerk
may charge a fee equivalent to the cost associated with the sealing of
records by the clerk and the Department of State Police. The clerk shall
forward the Department of State Police portion of the fee to the Department
and it shall be deposited into the State Police Services Fund.
(i) Subject to available funding, the Illinois Department of Corrections
shall conduct a study of the impact of sealing, especially on employment
and recidivism rates, utilizing a random sample of those who apply for the
sealing of their criminal records under Public Act 93-211, in accordance to
rules adopted by the Department. At the request of the Illinois Department
of Corrections, records of the Illinois Department of Employment Security
shall be utilized as appropriate to assist in the study. The study shall
not disclose any data in a manner that would allow the identification of
any particular individual or employing unit. The study shall be made
available to the General Assembly no later than September 1, 2006.
Sec. 5-6-3.1. Incidents and Conditions of Supervision.
(a) When a defendant is placed on supervision, the court shall enter an
order for supervision specifying the period of such supervision, and shall
defer further proceedings in the case until the conclusion of the period.
(b) The period of supervision shall be reasonable under all of the
circumstances of the case, but may not be longer than 2 years, unless the
defendant has failed to pay the assessment required by Section 10.3 of
the Cannabis Control Act, Section 411.2 of the Illinois Controlled
Substances Act, or Section 80 of the Methamphetamine Control and
Community Protection Act, in which case the court may extend supervision
beyond 2 years. Additionally, the court shall order the defendant to
perform no less than 30 hours of community service 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, when the offense (1) was related to or in
furtherance of the criminal activities of an organized gang or was
motivated by the defendant's membership in or allegiance to an organized
gang; or (2) is a violation of any Section of Article 24 of the Criminal
Code of 1961 where a disposition of supervision is not prohibited by
Section 5-6-1 of this Code. The community service shall include, but not
be limited to, the cleanup and repair of any damage caused by violation
of Section 21-1.3 of the Criminal Code of 1961 and similar damages to
property located within the municipality or county in which the violation
occurred. Where possible and reasonable, the community service should be
performed in the offender's neighborhood.
For the purposes of this Section, "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(c) 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 defendant in the proper discretion of the court
require that the person:
(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 of supervision;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational training;
(4) undergo medical, psychological or psychiatric treatment; or treatment
for drug addiction or alcoholism;
(5) attend or reside in a facility established for the instruction or
residence of defendants on probation;
(6) support his dependents;
(7) refrain from possessing a firearm or other dangerous weapon;
(8) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his own support at home or in a foster home; or
(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 placed on supervision for 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 the real property comprising a school;
(9) make restitution or reparation in an amount not to exceed actual
loss or damage to property and pecuniary loss or make restitution under
Section 5-5-6 to a domestic violence shelter. The court shall determine
the amount and conditions of payment;
(10) perform some reasonable public or community service;
(11) comply with the terms and conditions of an order of protection
issued by the court pursuant to the Illinois Domestic Violence Act of
1986 or an order of protection issued by the court of another state,
tribe, or United States territory. If the court has ordered the defendant
to make a report and appear in person under paragraph (1) of this
subsection, a copy of the order of protection shall be transmitted to the
person or agency so designated by the court;
(12) reimburse any "local anti-crime program" as defined in Section 7 of
the Anti-Crime Advisory Council Act for any reasonable expenses incurred by
the program on the offender's case, not to exceed the maximum amount of the
fine authorized for the offense for which the defendant was sentenced;
(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 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 appropriate. Such terms may include
consideration of the purpose of the entry, the time of day, other persons
accompanying the defendant, and advance approval by a probation officer;
(15) refrain from having any contact, directly or indirectly, with
certain specified persons or particular types of person, including but
not limited to members of street gangs and drug users or dealers;
(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;
(17) refrain from operating any motor vehicle not equipped with an
ignition interlock device as defined in Section 1-129.1 of the Illinois
Vehicle Code. Under this condition the court may allow a defendant who is
not self-employed to operate a vehicle owned by the defendant's employer
that is not equipped with an ignition interlock device in the course and
scope of the defendant's employment;
(18) if placed on supervision for 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 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.
(d) The court shall defer entering any judgment on the charges until the
conclusion of the supervision.
(e) At the conclusion of the period of supervision, if the court
determines that the defendant has successfully complied with all of the
conditions of supervision, the court shall discharge the defendant and
enter a judgment dismissing the charges.
(f) Discharge and dismissal upon a successful conclusion of a
disposition of supervision shall be deemed without adjudication of guilt
and shall not be termed a conviction for purposes of disqualification or
disabilities imposed by law upon conviction of a crime. 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 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 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. A person placed on supervision for a sexual offense
committed against a minor as defined in subsection (g) of Section 5 of
the Criminal Identification Act or for a violation of Section 11-501 of
the Illinois Vehicle Code or a similar provision of a local ordinance
shall not have his or her record of arrest sealed or expunged.
(g) A defendant placed on supervision and who during the period of
supervision 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 the costs incidental to such mandatory drug or alcohol
testing, or both, and 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
all costs incidental to approved electronic monitoring, of all defendants
placed on supervision. The concurrence of the Chief Judge shall be in the
form of an administrative order. The fees shall be collected by the clerk
of the circuit court. The clerk of the circuit court shall pay all moneys
collected from these fees to the county treasurer who shall use the
moneys collected to defray the costs of drug testing, alcohol testing,
and electronic monitoring. The county treasurer shall deposit the fees
collected in the county working cash fund under Section 6-27001 or
Section 6-29002 of the Counties Code, as the case may be.
(h) A disposition of supervision is a final order for the purposes of
appeal.
(i) The court shall impose upon a defendant placed on supervision 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 supervision or supervised community service, a fee of $50
for each month of supervision or supervised community service ordered by
the court, unless after determining the inability of the person placed on
supervision 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
made a ward of the State under the Juvenile Court Act of 1987 while the
minor is in placement. The fee shall be imposed only upon a defendant who
is actively supervised by the probation and court services department.
The fee shall be collected by the clerk of the circuit court. The clerk
of the circuit court shall pay all monies collected from 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 $25 per month
unless:
(1) the circuit court has adopted, by administrative order issued by
the chief judge, a standard probation fee guide determining an offender's
ability to pay, under guidelines developed by the Administrative Office
of the Illinois Courts; and
(2) the circuit court has authorized, by administrative order issued by
the chief judge, the creation of a Crime Victim's Services Fund, to be
administered by the Chief Judge or his or her designee, for services to
crime victims and their families. Of the amount collected as a probation
fee, not to exceed $5 of that fee collected per month may be used to
provide services to crime victims and their families.
(j) All fines and costs imposed under this Section for any 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 Section
27.5 of the Clerks of Courts Act.
(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 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 Educational Development
(GED) or to work toward completing a vocational training program approved
by the court. The defendant placed on supervision must attend a public
institution of education to obtain the educational or vocational training
required by this subsection (k). The defendant placed on supervision
shall be required to pay for the cost of the educational courses or GED
test, if a fee is charged for those courses or test. The court shall
revoke the supervision of a person who wilfully fails to comply with this
subsection (k). The court shall resentence the defendant upon revocation
of supervision as provided in Section 5-6-4. This subsection (k) does not
apply to a defendant who has a high school diploma or has successfully
passed the GED test. This subsection (k) does not apply to a defendant who
is determined by the court to be developmentally disabled or otherwise
mentally incapable of completing the educational or vocational program.
(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 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 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.
(m) The Secretary of State shall require anyone placed on court
supervision for a violation of Section 3-707 of the Illinois Vehicle Code
or a similar provision of a local ordinance to give proof of his or her
financial responsibility as defined in Section 7-315 of the Illinois
Vehicle Code. The proof shall be maintained by the individual in a manner
satisfactory to the Secretary of State for a minimum period of 3 years after the date the proof is first filed. The proof shall be limited
to a single action per arrest and may not be affected by any
post-sentence disposition. The Secretary of State shall suspend the
driver's license of any person determined by the Secretary to be in
violation of this subsection.
(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 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 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
subsection (o) do not apply to a person convicted of a sex offense who is
placed in a Department of Corrections licensed transitional housing
facility for sex offenders.
(p) 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
refrain from communicating with or contacting, by means of the Internet,
a person who is not related to the accused and whom the accused
reasonably believes to be under 18 years of age. For purposes of this
subsection (p), "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 not related to the accused if the person is not: (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.
(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: (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.
