2015 IL App (5th) 130155
Ill. App. Ct.2015Background
- Crabtree convicted of aggravated criminal sexual abuse of a victim under 13; crime occurred at a family cookout in 2012.
- Crabtree was 22 at offense; no computer used in committing the crime.
- Probation imposed 180 days in jail and 48 months’ probation with three computer-related conditions.
- Conditions: ban on Internet contact with under-18 non-relatives; ban on social networking; prohibition on computer scrub software.
- Issue on appeal: whether these three probation conditions restricting computer use are proper where no computer was used in the offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are the probation conditions mandatory under 5-6-3(a)? | State; conditions shall be imposed. | Crabtree; conditions are not mandatory. | Yes; conditions are mandatory under statute. |
| Are the conditions unconstitutional as applied to Crabtree? | Conditions are reasonable and protect the public. | Conditions overly broad, infringe rights. | Not unconstitutional; reasonable and related to rehabilitation and public protection. |
Key Cases Cited
- Nowak v. City of Country Club Hills, 2011 IL 111838 (IL Supreme Court 2011) (statutory interpretation; ordinary meaning of shall/may)
- Schultz v. Performance Lighting, Inc., 2013 IL 115738 (IL Supreme Court 2013) (shall indicates mandatory obligation; may indicates permissive)
- Commonwealth Edison Co. v. Illinois Commerce Comm’n, 2014 IL App (1st) 132011 (1st Dist. Appellate Court 2014) (distinguishes may/shall usage in statute)
- In re J.G., 295 Ill. App. 3d 840 (1st Dist. Appellate Court 1998) (probation conditions must relate to rehabilitation and deterrence)
- People v. Meyer, 176 Ill. 2d 372 (IL Supreme Court 1997) (probation as reformative punishment with reasonable conditions)
- Whittington, 87 Ill. App. 3d 504 (1980) (probation conditions must relate to the offense and public safety)