730 ILCS 5/5-6-3
2021 Illinois Compiled Statutes|Chapter 730 - CORRECTIONS|730 ILCS 5/ - Unified Code of Corrections.|Chapter V - Sentencing

 (from Ch. 38, par. 1005-6-3)Sec. 5-6-3. Conditions of probation and of conditional discharge.(a) The conditions of probation and of conditional discharge shall be  that the person:(1) not violate any criminal statute of any     jurisdiction;(2) report to or appear in person before such person     or agency as directed by the court;(3) refrain from possessing a firearm or other     dangerous weapon where the offense is a felony or, if a misdemeanor, the offense involved the intentional or knowing infliction of bodily harm or threat of bodily harm;(4) not leave the State without the consent of the     court or, in circumstances in which the reason for the absence is of such an emergency nature that prior consent by the court is not possible, without the prior notification and approval of the person's probation officer.  Transfer of a person's probation or conditional discharge supervision to another state is subject to acceptance by the other state pursuant to the Interstate Compact for Adult Offender Supervision;(5) permit the probation officer to visit him at his     home or elsewhere to the extent necessary to discharge his duties;(6) 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, where the offense was related to or in furtherance of the criminal activities of an organized gang and was motivated by the offender's membership in or allegiance to an organized gang.  The community service shall include, but not be limited to, the cleanup and repair of any damage caused by a violation of Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012 and similar damage to property located within the municipality or county in which the violation occurred.  When possible and reasonable, the community service should be performed in the offender's neighborhood.  For purposes of this Section, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.  The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services;(7) if he or she is at least 17 years of age and has     been sentenced to probation or conditional discharge for a misdemeanor or felony in a county of 3,000,000 or more inhabitants and has not been previously convicted of a misdemeanor or felony, may be required by the sentencing court to attend educational courses designed to prepare the defendant for a high school diploma and to work toward a high school diploma or to work toward passing high school equivalency testing or to work toward completing a vocational training program approved by the court.  The person on probation or conditional discharge must attend a public institution of education to obtain the educational or vocational training required by this paragraph  (7).  The court shall revoke the probation or conditional discharge of a person who willfully fails to comply with this paragraph (7).  The person on probation or conditional discharge shall be required to pay for the cost of the educational courses or high school equivalency testing if a fee is charged for those courses or testing.  The court shall resentence the offender whose probation or conditional discharge has been revoked as provided in Section 5-6-4.  This paragraph (7) does not apply to a person who has a high school diploma or has successfully passed high school equivalency testing. This paragraph (7) does not apply to a person who is determined by the court to be a person with a developmental disability or otherwise mentally incapable of completing the educational or vocational program;(8) if convicted of possession of a substance     prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act after a previous conviction or disposition of supervision for possession of a substance prohibited by the Cannabis Control Act or Illinois Controlled Substances Act or after a sentence of probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act and upon a finding by the court that the person is addicted, undergo treatment at a substance abuse program approved by the court;(8.5) if convicted of a felony sex offense as defined     in the Sex Offender Management Board Act, the person shall undergo and successfully complete sex offender treatment by a treatment provider approved by the Board and conducted in conformance with the standards developed under the Sex Offender Management Board Act;(8.6) if convicted of a sex offense as defined in the     Sex Offender Management Board Act, refrain from residing at the same address or in the same condominium unit or apartment unit or in the same condominium complex or apartment complex with another person he or she knows or reasonably should know is a convicted sex offender or has been placed on supervision for a sex offense; the provisions of this paragraph do not apply to a person convicted of a sex offense who is placed in a Department of Corrections licensed transitional housing facility for sex offenders;(8.7)  if convicted for an offense committed on or     after June 1, 2008 (the effective date of Public Act 95-464) that would qualify the accused as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012, refrain from communicating with or contacting, by means of the Internet,  a person who is not related to the accused and whom the accused reasonably believes to be under 18 years of age; for purposes of this paragraph (8.7), "Internet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; 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;(8.8) if convicted for an offense under Section 11-6,     11-9.1, 11-14.4 that involves soliciting for a juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012, or any attempt to commit any of these offenses, committed on or after June 1, 2009 (the effective date of Public Act 95-983):(i) not access or use a computer or any other         device with Internet capability without the prior written approval of the offender's probation officer, except in connection with the offender's employment or search for employment with the prior approval of the offender's probation officer;(ii) submit to periodic unannounced examinations         of the offender's computer or any other device with Internet capability by the offender's probation officer, a law enforcement officer, or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment, or device to conduct a more thorough inspection;(iii) submit to the installation on the         offender's computer or device with Internet capability, at the offender's expense, of one or more hardware or software systems to monitor the Internet use; and(iv) submit to any other appropriate restrictions         concerning the offender's use of or access to a computer or any other device with Internet capability imposed by the offender's probation officer;(8.9)  if convicted of a sex offense as defined in     the Sex Offender Registration Act committed on or after January 1, 2010 (the effective date of Public Act 96-262),  refrain from accessing or using a social networking website as defined in Section 17-0.5 of the Criminal Code of 2012;(9) if convicted of a felony or of any misdemeanor     violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal Code of 2012 that was  determined, pursuant to Section 112A-11.1 of the Code of Criminal Procedure of 1963, to trigger the prohibitions of 18 U.S.C. 922(g)(9), physically surrender at a time and place designated by the court, his or her Firearm Owner's Identification Card and any and all firearms in his or her possession.  The Court shall return to the Illinois State Police Firearm Owner's Identification Card Office the person's Firearm Owner's Identification Card;(10) if convicted of a sex offense as defined in     subsection (a-5) of Section 3-1-2 of this Code, unless the offender is a parent or guardian of the person under 18 years of age present in the home and no non-familial minors are present, not participate in a holiday event involving children under 18 years of age, such as 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;(11) if convicted of a sex offense as defined in     Section 2 of the Sex Offender Registration Act committed on or after January 1, 2010 (the effective date of Public Act 96-362) that requires the person to register as a sex offender under that Act, may not knowingly use any computer scrub software on any computer that the sex offender uses;(12)  if convicted of a violation of the     Methamphetamine Control and Community Protection Act, the Methamphetamine Precursor Control Act, or a methamphetamine related offense:(A) prohibited from purchasing, possessing, or         having under his or her control any product containing pseudoephedrine unless prescribed by a physician; and(B) prohibited from purchasing, possessing, or         having under his or her control any product containing ammonium nitrate; and(13) if convicted of a hate crime involving the     protected class identified in subsection (a) of Section 12-7.1 of the Criminal Code of 2012 that gave rise to the offense the offender committed, perform public or community service of no less than 200 hours and enroll in an educational program discouraging hate crimes that includes racial, ethnic, and cultural sensitivity training ordered by the court.(b) The Court may in addition to other reasonable conditions relating to the  nature of the offense or the rehabilitation of the defendant as determined for  each defendant in the proper discretion of the Court require that the person:(1) serve a term of periodic imprisonment under     Article 7 for a period not to exceed that specified in paragraph (d) of Section 5-7-1;(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) 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;(v) with the consent of the superintendent of the         facility, attend an educational program at a facility other than the school in which the offense was committed if he or she is convicted of a crime of violence as defined in Section 2 of the Crime Victims Compensation Act committed in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;(8) make restitution as provided in Section 5-5-6 of     this Code;(9) perform some reasonable public or community     service;(10) serve a term of home confinement.  In addition     to any other applicable condition of probation or conditional discharge, the conditions of home confinement shall be that the offender:(i) remain within the interior premises of the         place designated for his confinement during the hours designated by the court;(ii) admit any person or agent designated by the         court into the offender's place of confinement at any time for purposes of verifying the offender's compliance with the conditions of his confinement; and(iii) if further deemed necessary by the court or         the Probation or Court Services Department, be placed on an approved electronic monitoring device, subject to Article 8A of Chapter V;(iv) for persons convicted of any alcohol,         cannabis or controlled substance violation who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the offender to pay the fee, the court assesses a lesser fee or no fee as the case may be. This fee shall be imposed in addition to the fees imposed under subsections (g) and (i) of this Section. The fee shall be collected by the clerk of the circuit court, except as provided in an administrative order of the Chief Judge 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 substance abuse services fund under Section 5-1086.1 of the Counties Code, except as provided in an administrative order of the Chief Judge of the circuit court.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.The Chief Judge of the circuit court may suspend         any additional charges or fees for late payment, interest, or damage to any device; and(v) for persons convicted of offenses other than         those referenced in clause (iv) above and who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the defendant to pay the fee, the court assesses a lesser fee or no fee as the case may be.  This fee shall be imposed in addition to the fees imposed under subsections (g) and (i) of this Section.  The fee shall be collected by the clerk of the circuit court, except as provided in an administrative order of the Chief Judge of the circuit court.  The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer who shall use the monies collected to defray the costs of corrections.  The county treasurer shall deposit the fee collected in the probation and court services fund. 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.The Chief Judge of the circuit court may suspend         any additional charges or fees for late payment, interest, or damage to any device.(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, as now or hereafter amended, or an order of protection issued by the court of another state, tribe, or United States territory. A copy of the order of protection shall be transmitted to the probation officer or agency having responsibility for the case;(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, if the defendant has been placed on probation or advance approval by the court, if the defendant was placed on conditional discharge;(15) refrain from having any contact, directly or     indirectly, with certain specified persons or particular types of persons, 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)  if convicted for an offense committed on or     after June 1, 2008 (the effective date of Public Act 95-464) that would qualify the accused as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012, refrain from communicating with or contacting, by means of the Internet,  a person who is  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 16-0.1 of the Criminal Code of 2012; 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;(18) if convicted for an offense committed on or     after June 1, 2009 (the effective date of Public Act 95-983) that would qualify as a sex offense as defined in the Sex Offender Registration Act:(i) not access or use a computer or any other         device with Internet capability without the prior written approval of the offender's probation officer, except in connection with the offender's employment or search for employment with the prior approval of the offender's probation officer;(ii) submit to periodic unannounced examinations         of the offender's computer or any other device with Internet capability by the offender's probation officer, a law enforcement officer, or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment, or device to conduct a more thorough inspection;(iii) submit to the installation on the         offender's computer or device with Internet capability, at the subject's expense, of one or more hardware or software systems to monitor the Internet use; and(iv) submit to any other appropriate restrictions         concerning the offender's use of or access to a computer or any other device with Internet capability imposed by the offender's probation officer; and(19)  refrain from possessing a firearm or other     dangerous weapon where the offense is a misdemeanor that did not involve the intentional or knowing infliction of bodily harm or threat of bodily harm.(c) The court may as a condition of probation or of conditional  discharge require that a person under 18 years of age found guilty of any  alcohol, cannabis or controlled substance violation, refrain from acquiring  a driver's license during  the period of probation or conditional discharge.  If such person  is in possession of a permit or license, the court may require that  the minor refrain from driving or operating any motor vehicle during the  period of probation or conditional discharge, except as may be necessary in  the course of the minor's lawful employment.(d) An offender sentenced to probation or to conditional discharge  shall be given a certificate setting forth the conditions thereof.(e) Except where the offender has committed a fourth or subsequent  violation of subsection (c) of Section 6-303 of the Illinois Vehicle Code,  the court shall not require as a condition of the sentence of  probation or conditional discharge that the offender be committed to a  period of imprisonment in excess of 6 months.  This 6-month limit shall not include periods of confinement given pursuant to  a sentence of county impact incarceration under Section 5-8-1.2.Persons committed to imprisonment as a condition of probation or  conditional discharge shall not be committed to the Department of  Corrections.(f) The court may combine a sentence of periodic imprisonment under  Article 7 or a sentence to a county impact incarceration program under  Article 8 with a sentence of probation or conditional discharge.(g) An offender sentenced to probation or to conditional discharge and  who during the term of either undergoes mandatory drug or alcohol testing,  or both, or is assigned to be placed on an approved electronic monitoring  device, shall be ordered to pay all costs incidental to such mandatory drug  or alcohol testing, or both, and all costs  incidental to such approved electronic monitoring in accordance with the  defendant's ability to pay those costs.  The county board with  the concurrence of the Chief Judge of the judicial  circuit in which the county is located shall establish reasonable fees for  the cost of maintenance, testing, and incidental expenses related to the  mandatory drug or alcohol testing, or both, and all costs incidental to  approved electronic monitoring, involved in a successful probation program  for the county.  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, except as provided in an administrative order of the Chief Judge 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.  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.The Chief Judge of the circuit court may  suspend any additional charges or fees for late payment, interest, or damage to any device.(h) Jurisdiction over an offender may be transferred from the  sentencing court to the court of another circuit with the concurrence of  both courts.  Further transfers or retransfers of  jurisdiction are also  authorized in the same manner.  The court to which jurisdiction has been  transferred shall have the same powers as the sentencing court.  The probation department within the circuit to which jurisdiction has been transferred, or which has agreed to provide supervision, may impose probation fees upon receiving the transferred offender, as provided in subsection (i). For all transfer cases, as defined in Section 9b of the Probation and Probation Officers Act, the probation department from the original sentencing court shall retain all probation fees collected prior to the transfer. After the transfer,  all probation fees shall be paid to the probation department within the  circuit to which jurisdiction has been transferred.(i) The court shall impose upon an offender  sentenced to probation after January 1, 1989 or to conditional discharge  after January 1, 1992  or to community service under the supervision of a  probation or court services department after January 1, 2004, as a condition of such probation or conditional  discharge or supervised community service, a fee of $50   for each month of probation or  conditional  discharge supervision or supervised community service ordered by the court, unless after  determining the inability of the person sentenced to probation or conditional  discharge or supervised community service to pay the  fee, the court assesses a lesser fee. The court may not impose the fee on a  minor who is placed in the guardianship or custody of the Department of Children and Family Services under the Juvenile Court Act of 1987  while the minor is in placement.  The fee shall be imposed only upon  an offender 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 under Section 15.1 of the  Probation and Probation Officers Act.A circuit court may not impose a probation fee under this subsection (i) 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, up to $5 of that fee  collected per month may be used to provide services to crime victims  and their families.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 6 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 due in a lump sum.  Any offender that has been assigned to the supervision of a probation department, or has been transferred either under subsection (h) of this Section or under any interstate compact, shall be required to pay probation fees to the department supervising the offender, based on the offender's ability to pay.Public Act 93-970 deletes the $10 increase in the fee  under this subsection that was  imposed by Public Act 93-616. This deletion is intended to control over any other Act of the 93rd General Assembly that retains or incorporates that fee increase.(i-5) In addition to the fees imposed under subsection (i) of this Section,  in the case of an offender convicted of a felony sex offense (as defined in the Sex Offender Management Board Act) or an offense that the court or probation department has determined to be sexually motivated (as defined in the Sex Offender Management Board Act), the court or the probation department shall assess additional fees to pay for all costs of treatment, assessment, evaluation for risk and treatment, and monitoring the offender, based on that offender's ability to pay those costs either as they occur or under a payment plan.(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 the Criminal and Traffic Assessment Act.(k) Any offender who is   sentenced to probation or conditional discharge for a felony sex offense as defined in the Sex Offender Management Board Act or any offense that the court or probation department has determined to be sexually motivated as defined in the Sex Offender Management Board Act shall be required to refrain from any contact, directly or indirectly, with any persons specified by the court and shall be available for all evaluations and treatment programs required by the court or the probation department.(l) The court may order an offender who is sentenced to  probation or conditional  discharge for a violation of an order of protection be placed under electronic surveillance as provided in Section 5-8A-7 of this Code. (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)