Illinois

Cindy’s Law Passed in 2008

730 § 5/5-8A-7 is created to require that the best available global positioning technology to track domestic violence offenders be used and to set forth the criteria for the use of such technology, including: the immediate notification of law enforcement or other monitors of any breach; the capability to notify victims in near-real time of any breach; the capability for monitors to speak to offenders through a cell phone implanted in the device; and an alarm that can be activated to warn potential victims of the offender’s presence in a forbidden zone. This section is known as the Domestic Violence Surveillance Program.


730 § 110/115 is amended to give the Division of Probation Services the authority to develop standards to implement the Domestic Violence Surveillance Program, including procurement of equipment and other services necessary to implement the program and development of uniform standards for delivery of the program through court probation departments. (2008) http://www.ncjfcj.org/sites/default/files/legislative_update_08.pdf


Chapter 730. Corrections.
Act 5. Unified Code of Corrections.
Chapter V. Sentencing.
Article 8A. Electronic Home Detention Law.

5/5-8A-7. Domestic violence surveillance program.

If the Prisoner Review Board, Department of Corrections, or court (the supervising authority) orders electronic surveillance as a condition of parole, mandatory supervised release, early release, probation, or conditional discharge for a violation of an order of protection or as a condition of bail for a person charged with a violation of an order of protection, the supervising authority shall use the best available global positioning technology to track domestic violence offenders. Best available technology must have realtime and interactive capabilities that facilitate the following objectives: (1) immediate notification to the supervising authority of a breach of a court ordered exclusion zone; (2) notification of the breach to the offender; and (3) communication between the supervising authority, law enforcement, and the victim, regarding the breach.

Chapter 730. Corrections.
Act 5. Unified Code of Corrections.
Chapter V. Sentencing.
Article 9. Fines.

5/5-9-1.16. Protective order violation fees.

(a) There shall be added to every penalty imposed in sentencing for a violation of an order of protection under Section 1230 of the Criminal Code of 1961 an additional fee to be set in an amount not less than $200 to be imposed upon a plea of guilty or finding of guilty resulting in a judgment of conviction.

(b) Such additional amount shall be assessed by the court imposing sentence and shall be collected by the Circuit Clerk in addition to the fine, if any, and costs in the case to be used by the supervising authority in implementing the domestic violence surveillance program. 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 Probations Officers Act.

(c) The supervising authority of a domestic violence surveillance program under Section 58A7 of this Act shall assess a person either convicted of, or charged with, the violation of an order of protection an additional fee to cover the costs of providing the equipment used and the additional supervision needed for such domestic violence surveillance program. If the court finds that the fee would impose an undue burden on the victim, the court may reduce or waive the fee. The court shall order that the defendant may not use funds belonging solely to the victim of the offense for payment of the fee.
    When the supervising authority is the court or the probation and court services department, the fee shall be collected by the circuit court clerk. The clerk of the circuit court shall pay all monies collected from this fee and all other required probation fees that are assessed to the county treasurer for deposit in the probation and court services fund under Section 15.1 of the Probation and Probations Officers Act. In counties with a population of 2 million or more, when the supervising authority is the court or the probation and court services department, the fee shall be collected by the supervising authority. In these counties, the supervising authority shall pay all monies collected from this fee and all other required probation fees that are assessed, to the county treasurer for deposit in the probation and court services fund under Section 15.1 of the Probation and Probation Officers Act.
    When the supervising authority is the Department of Corrections, the Department shall collect the fee for deposit into the Illinois Department of Corrections “fund”. The Circuit Clerk shall retain 10% of such penalty and deposit that percentage into the Circuit Court Clerk Operation and Administrative Fund to cover the costs incurred in administering and enforcing this Section.


Chapter 730. Corrections.
Act 5. Unified Code of Corrections.
Chapter V. Sentencing.
Article 8A. Electronic Home Detention Law.

5/5-8A-7. Domestic violence surveillance program.

If the Prisoner Review Board, Department of Corrections, or court (the supervising authority) orders electronic surveillance as a condition of parole, mandatory supervised release, early release, probation, or conditional discharge for a violation of an order of protection or as a condition of bail for a person charged with a violation of an order of protection, the supervising authority shall use the best available global positioning technology to track domestic violence offenders. Best available technology must have realtime and interactive capabilities that facilitate the following objectives: (1) immediate notification to the supervising authority of a breach of a court ordered exclusion zone; (2) notification of the breach to the offender; and (3) communication between the supervising authority, law enforcement, and the victim, regarding the breach.

Chapter 730. Corrections.
Act 5. Unified Code of Corrections.
Chapter V. Sentencing.
Article 9. Fines.

5/5-9-1.16. Protective order violation fees.

(a) There shall be added to every penalty imposed in sentencing for a violation of an order of protection under Section 1230 of the Criminal Code of 1961 an additional fee to be set in an amount not less than $200 to be imposed upon a plea of guilty or finding of guilty resulting in a judgment of conviction.

(b) Such additional amount shall be assessed by the court imposing sentence and shall be collected by the Circuit Clerk in addition to the fine, if any, and costs in the case to be used by the supervising authority in implementing the domestic violence surveillance program. 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 Probations Officers Act.

(c) The supervising authority of a domestic violence surveillance program under Section 58A7 of this Act shall assess a person either convicted of, or charged with, the violation of an order of protection an additional fee to cover the costs of providing the equipment used and the additional supervision needed for such domestic violence surveillance program. If the court finds that the fee would impose an undue burden on the victim, the court may reduce or waive the fee. The court shall order that the defendant may not use funds belonging solely to the victim of the offense for payment of the fee.
    When the supervising authority is the court or the probation and court services department, the fee shall be collected by the circuit court clerk. The clerk of the circuit court shall pay all monies collected from this fee and all other required probation fees that are assessed to the county treasurer for deposit in the probation and court services fund under Section 15.1 of the Probation and Probations Officers Act. In counties with a population of 2 million or more, when the supervising authority is the court or the probation and court services department, the fee shall be collected by the supervising authority. In these counties, the supervising authority shall pay all monies collected from this fee and all other required probation fees that are assessed, to the county treasurer for deposit in the probation and court services fund under Section 15.1 of the Probation and Probation Officers Act.
    When the supervising authority is the Department of Corrections, the Department shall collect the fee for deposit into the Illinois Department of Corrections “fund”. The Circuit Clerk shall retain 10% of such penalty and deposit that percentage into the Circuit Court Clerk Operation and Administrative Fund to cover the costs incurred in administering and enforcing this Section.
(SSBW)

Legislative Contact

Illinois Legislative Research Unit
222 S. College, Suite 301
Springfield, Illinois 62704
House: (217) 782-6851
Senate: (217) 785-7572
Email: lru@ilga.gov
Website: www.ilga.gov

Protection Agency

Illinois Coalition Against Domestic Violence
801 S. 11th Street
Springfield, IL 62703
Phone: 217-789-2830
Hotline: 1-877-863-6338
Website: www.ilcadv.org