730 ILCS 5/5-5-10

Current through Public Act 103-1052

Section 730 ILCS 5/5-5-10 - Community service fee

When an offender or defendant is ordered by the court to perform community service and the offender is not otherwise assessed a fee for probation services, the court shall impose a fee of $50 for each month the community service ordered by the court is supervised by a probation and court services department, unless after determining the inability of the person sentenced to community service to pay the fee, the court assesses a lesser fee. The court shall not impose a 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 . The court shall not impose a fee on a minor subject to Article V of the Juvenile Court Act of 1987 or the minor's parent, guardian, or legal custodian. Except for minors under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, the fee shall be imposed only on 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 shall not impose a probation fee on a minor subject to the Juvenile Court Act of 1987, or on a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian. In all other instances, 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.

730 ILCS 5/5-5-10

Amended by P.A. 103-0379,§ 40, eff. 7/28/2023.

Amended by P.A. 100-0159,§ 85, eff. 8/18/2017.

Added by P.A. 093-0475, § 5, eff. 8/8/2003.