(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 two years, unless the defendant has failed to pay the assessment required by 720 ILCS 550/10.3, the Cannabis Control Act, 720 ILCS 570/411.2, 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 two 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 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 is a violation of any section of 720 ILCS 5/24-1, where a disposition of supervision is not prohibited by 730 ILCS 5/5-6-1. The community service shall include, but not be limited to, the cleanup and repair of any damage caused by violation of 720 ILCS 5/21-1.3 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 740 ILCS 147/10 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/her dependents;
(7) Refrain from possessing a firearm or other dangerous weapon;
(8) In addition, if a minor:
(a) Reside with his or her parents or in a foster home;
(b) Attend school;
(c) Attend a non-residential program for youth;
(d) Contribute to his or her own support at home or in a foster home; and
(e) 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 740 ILCS 45/2 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. 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 750 ILCS 60/101 et seq., the Illinois Domestic Violence Act of 1986. If the court has ordered the defendant to make a report and appear in person under division (C)(1) of this section, 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 20 ILCS 3910/7 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:
(a) To a “local anti-crime program,” as defined in 20 ILCS 3910/7 of the Anti-Crime Advisory Council Act; or
(b) For offenses under the jurisdiction of the Department of Natural Resources, to the fund established by the Department of Natural Resources for the purpose of evidence for investigation purposes and to conduct investigations as outlined in 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 720 ILCS 550/1 et seq., the Cannabis Control Act, 720 ILCS 570/100 et seq., 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 625 ILCS 5/1-129.1, 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 625 ILCS 5/3-1-2(a)(5), unless the offender is a parent of 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.
(C-5) If payment of restitution as ordered has not been made, the victim shall file a petition notifying the sentencing court, any other person to whom restitution is owed, and the State's Attorney of the status of the ordered restitution payments unpaid at least 90 days before the supervision expiration date. If payment as ordered has not been made, the court shall hold a review hearing prior to the expiration date, unless the hearing is voluntarily waived by the defendant with the knowledge that waiver may result in an extension of the supervision period or in a revocation of supervision. If the court does not extend supervision, it shall issue a judgment for the unpaid restitution and direct the clerk of the circuit court to file and enter the judgment in the judgment and lien docket, without fee, unless it finds that the victim has recovered a judgment against the defendant for the amount covered by the restitution order. If the court issues a judgment for the unpaid restitution, the court shall send to the defendant at his or her last known address written notification that a civil judgment has been issued for the unpaid restitution.
(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 the crime. Two years after the discharge and dismissal under this section, unless the disposition of supervision was for a violation of 625 ILCS 5/3-707, 3-708, 3-710, 5-401.3, 11-501, or 11-503 or a similar provision of a local ordinance, or for a violation of 720 ILCS 5/12-3.2, in which case it shall be five years alter discharge and dismissal, a person may have his or her 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 or her 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 20 ILCS 2630/(5)(g) or for a violation of 625 ILCS 5/11-501 or a similar provision of a local ordinance, the Criminal Identification Act, 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, may 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 may 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 offenders placed on supervision. The concurrence of the Chief Judge shall be in the form of an administrative order.
(1) The Chief Judge of the Circuit Court of the county may by administrative order establish a program for electronic monitoring of offenders, in which a vendor supplies and monitors the operation of the electronic monitoring device, and collects the fees on behalf of the county. the program shall include provisions for indigent offenders and the collection of unpaid fees. The program shall not unduly burden the offender and shall be subject to review by the Chief Judge.
(2) The Chief Judge of the Circuit Court may suspend any additional charges or fees for late payment, interest, or damage to any device.
(H) A disposition of supervision is a final order for the purposes of appeal.
(I) (1) 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 placed in the guardianship or custody of the Department of Children and Family Services 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 730 ILCS 110/15.1 of the Probation and Probation Officers Act.
(2) A circuit court may not impose a probation fee in excess of $25 per month unless 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. 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.
(3) The court may only waive probation fees based on an offender's ability to pay. The probation department may re-evaluate an offender's ability to pay every six months, and, with the approval of the Director of Court Services or the Chief Probation Officer, adjust the monthly fee amount. An offender may elect to pay probation fees in a lump sum. Any offender that has been assigned to the supervision of the probation department, or has been transferred either under division (H) of this section or under any interstate compact, shall be required to pay probation fees to the department supervising the offender, based on the offender's ability to pay.
(J) All fines and costs imposed under this section for any violation of 625 ILCS 5/3-100 et seq., 4-100 et seq., 6-100 et seq., and 11-100 et seq. of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of 625 ILCS 25/1 et seq., 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 705 ILCS 105/27.5 of the Clerks of Courts Act.
(730 ILCS 5/5-6-3.1(a) - (j))
Editor’s notes:
705 ILCS 105/27.5 was repealed by P.A. 100-987, section 905-57.
705 ILCS 550/10.3 was repealed by P.A. 100-987, section 905-67.