(730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
Sec. 3-3-2. Powers and duties.
(a) The Parole and Pardon Board is abolished and the term "Parole and
Pardon Board" as used in any law of Illinois, shall read "Prisoner Review
Board." After February 1, 1978 (the effective date of Public Act 81-1099), the
Prisoner Review Board shall provide by rule for the orderly transition of
all files, records, and documents of the Parole and Pardon Board and for
such other steps as may be necessary to effect an orderly transition and shall:
(1) hear by at least one member and through a panel |
| of at least 3 members decide, cases of prisoners who were sentenced under the law in effect prior to February 1, 1978 (the effective date of Public Act 81-1099), and who are eligible for parole;
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(2) hear by at least one member and through a panel
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| of at least 3 members decide, the conditions of parole and the time of discharge from parole, impose sanctions for violations of parole, and revoke parole for those sentenced under the law in effect prior to February 1, 1978 (the effective date of Public Act 81-1099); provided that the decision to parole and the conditions of parole for all prisoners who were sentenced for first degree murder or who received a minimum sentence of 20 years or more under the law in effect prior to February 1, 1978 shall be determined by a majority vote of the Prisoner Review Board. One representative supporting parole and one representative opposing parole will be allowed to speak. Their comments shall be limited to making corrections and filling in omissions to the Board's presentation and discussion;
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(3) hear by at least one member and through a panel
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| of at least 3 members decide, the conditions of mandatory supervised release and the time of discharge from mandatory supervised release, impose sanctions for violations of mandatory supervised release, and revoke mandatory supervised release for those sentenced under the law in effect after February 1, 1978 (the effective date of Public Act 81-1099);
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(3.5) hear by at least one member and through a panel
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| of at least 3 members decide, the conditions of mandatory supervised release and the time of discharge from mandatory supervised release, to impose sanctions for violations of mandatory supervised release and revoke mandatory supervised release for those serving extended supervised release terms pursuant to paragraph (4) of subsection (d) of Section 5-8-1;
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(3.6) hear by at least one member and through a panel
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| of at least 3 members decide whether to revoke aftercare release for those committed to the Department of Juvenile Justice under the Juvenile Court Act of 1987;
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(4) hear by at least one member and through a panel
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| of at least 3 members, decide cases brought by the Department of Corrections against a prisoner in the custody of the Department for alleged violation of Department rules with respect to sentence credits under Section 3-6-3 of this Code in which the Department seeks to revoke sentence credits, if the amount of time at issue exceeds 30 days or when, during any 12-month period, the cumulative amount of credit revoked exceeds 30 days except where the infraction is committed or discovered within 60 days of scheduled release. In such cases, the Department of Corrections may revoke up to 30 days of sentence credit. The Board may subsequently approve the revocation of additional sentence credit, if the Department seeks to revoke sentence credit in excess of 30 days. However, the Board shall not be empowered to review the Department's decision with respect to the loss of 30 days of sentence credit for any prisoner or to increase any penalty beyond the length requested by the Department;
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(5) hear by at least one member and through a panel
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| of at least 3 members decide, the release dates for certain prisoners sentenced under the law in existence prior to February 1, 1978 (the effective date of Public Act 81-1099), in accordance with Section 3-3-2.1 of this Code;
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(6) hear by at least one member and through a panel
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| of at least 3 members decide, all requests for pardon, reprieve or commutation, and make confidential recommendations to the Governor;
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(6.5) hear by at least one member who is qualified in
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| the field of juvenile matters and through a panel of at least 3 members, 2 of whom are qualified in the field of juvenile matters, decide parole review cases in accordance with Section 5-4.5-115 of this Code and make release determinations of persons under the age of 21 at the time of the commission of an offense or offenses, other than those persons serving sentences for first degree murder or aggravated criminal sexual assault;
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(6.6) hear by at least a quorum of the Prisoner
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| Review Board and decide by a majority of members present at the hearing, in accordance with Section 5-4.5-115 of this Code, release determinations of persons under the age of 21 at the time of the commission of an offense or offenses of those persons serving sentences for first degree murder or aggravated criminal sexual assault;
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(7) comply with the requirements of the Open Parole
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(8) hear by at least one member and, through a panel
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| of at least 3 members, decide cases brought by the Department of Corrections against a prisoner in the custody of the Department for court dismissal of a frivolous lawsuit pursuant to Section 3-6-3(d) of this Code in which the Department seeks to revoke up to 180 days of sentence credit, and if the prisoner has not accumulated 180 days of sentence credit at the time of the dismissal, then all sentence credit accumulated by the prisoner shall be revoked;
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(9) hear by at least 3 members, and, through a panel
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| of at least 3 members, decide whether to grant certificates of relief from disabilities or certificates of good conduct as provided in Article 5.5 of Chapter V;
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(10) upon a petition by a person who has been
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| convicted of a Class 3 or Class 4 felony and who meets the requirements of this paragraph, hear by at least 3 members and, with the unanimous vote of a panel of 3 members, issue a certificate of eligibility for sealing recommending that the court order the sealing of all official records of the arresting authority, the circuit court clerk, and the Illinois State Police concerning the arrest and conviction for the Class 3 or 4 felony. A person may not apply to the Board for a certificate of eligibility for sealing:
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(A) until 5 years have elapsed since the
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| expiration of his or her sentence;
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(B) until 5 years have elapsed since any arrests
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| or detentions by a law enforcement officer for an alleged violation of law, other than a petty offense, traffic offense, conservation offense, or local ordinance offense;
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(C) if convicted of a violation of the Cannabis
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| Control Act, Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, the Methamphetamine Precursor Control Act, or the Methamphetamine Precursor Tracking Act unless the petitioner has completed a drug abuse program for the offense on which sealing is sought and provides proof that he or she has completed the program successfully;
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(D) if convicted of:
(i) a sex offense described in Article 11 or
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| Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012;
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(ii) aggravated assault;
(iii) aggravated battery;
(iv) domestic battery;
(v) aggravated domestic battery;
(vi) violation of an order of protection;
(vii) an offense under the Criminal Code of
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| 1961 or the Criminal Code of 2012 involving a firearm;
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(viii) driving while under the influence of
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| alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof;
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(ix) aggravated driving while under the
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| influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof; or
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(x) any crime defined as a crime of violence
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| under Section 2 of the Crime Victims Compensation Act.
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If a person has applied to the Board for a
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| certificate of eligibility for sealing and the Board denies the certificate, the person must wait at least 4 years before filing again or filing for pardon from the Governor unless the Chairman of the Prisoner Review Board grants a waiver.
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The decision to issue or refrain from issuing a
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| certificate of eligibility for sealing shall be at the Board's sole discretion, and shall not give rise to any cause of action against either the Board or its members.
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The Board may only authorize the sealing of Class 3
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| and 4 felony convictions of the petitioner from one information or indictment under this paragraph (10). A petitioner may only receive one certificate of eligibility for sealing under this provision for life; and
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(11) upon a petition by a person who after having
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| been convicted of a Class 3 or Class 4 felony thereafter served in the United States Armed Forces or National Guard of this or any other state and had received an honorable discharge from the United States Armed Forces or National Guard or who at the time of filing the petition is enlisted in the United States Armed Forces or National Guard of this or any other state and served one tour of duty and who meets the requirements of this paragraph, hear by at least 3 members and, with the unanimous vote of a panel of 3 members, issue a certificate of eligibility for expungement recommending that the court order the expungement of all official records of the arresting authority, the circuit court clerk, and the Illinois State Police concerning the arrest and conviction for the Class 3 or 4 felony. A person may not apply to the Board for a certificate of eligibility for expungement:
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(A) if convicted of:
(i) a sex offense described in Article 11 or
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| Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or Criminal Code of 2012;
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(ii) an offense under the Criminal Code of
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| 1961 or Criminal Code of 2012 involving a firearm; or
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(iii) a crime of violence as defined in
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| Section 2 of the Crime Victims Compensation Act; or
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(B) if the person has not served in the United
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| States Armed Forces or National Guard of this or any other state or has not received an honorable discharge from the United States Armed Forces or National Guard of this or any other state or who at the time of the filing of the petition is serving in the United States Armed Forces or National Guard of this or any other state and has not completed one tour of duty.
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If a person has applied to the Board for a
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| certificate of eligibility for expungement and the Board denies the certificate, the person must wait at least 4 years before filing again or filing for a pardon with authorization for expungement from the Governor unless the Governor or Chairman of the Prisoner Review Board grants a waiver.
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(a-5) The Prisoner Review Board, with the cooperation of and in
coordination with the Department of Corrections and the Department of Central
Management Services, shall implement a pilot project in 3 correctional
institutions providing for the conduct of hearings under paragraphs (1) and
(4)
of subsection (a) of this Section through interactive video conferences.
The
project shall be implemented within 6 months after January 1, 1997 (the effective date of Public Act 89-490). Within 6 months after the implementation of the pilot
project, the Prisoner Review Board, with the cooperation of and in coordination
with the Department of Corrections and the Department of Central Management
Services, shall report to the Governor and the General Assembly regarding the
use, costs, effectiveness, and future viability of interactive video
conferences for Prisoner Review Board hearings.
(b) Upon recommendation of the Department the Board may restore sentence credit previously revoked.
(c) The Board shall cooperate with the Department in promoting an
effective system of parole and mandatory supervised release.
(d) The Board shall promulgate rules for the conduct of its work,
and the Chairman shall file a copy of such rules and any amendments
thereto with the Director and with the Secretary of State.
(e) The Board shall keep records of all of its official actions and
shall make them accessible in accordance with law and the rules of the
Board.
(f) The Board or one who has allegedly violated the conditions of
his or her parole, aftercare release, or mandatory supervised release may require by subpoena the
attendance and testimony of witnesses and the production of documentary
evidence relating to any matter under investigation or hearing. The
Chairman of the Board may sign subpoenas which shall be served by any
agent or public official authorized by the Chairman of the Board, or by
any person lawfully authorized to serve a subpoena under the laws of the
State of Illinois. The attendance of witnesses, and the production of
documentary evidence, may be required from any place in the State to a
hearing location in the State before the Chairman of the Board or his or her
designated agent or agents or any duly constituted Committee or
Subcommittee of the Board. Witnesses so summoned shall be paid the same
fees and mileage that are paid witnesses in the circuit courts of the
State, and witnesses whose depositions are taken and the persons taking
those depositions are each entitled to the same fees as are paid for
like services in actions in the circuit courts of the State. Fees and
mileage shall be vouchered for payment when the witness is discharged
from further attendance.
In case of disobedience to a subpoena, the Board may petition any
circuit court of the State for an order requiring the attendance and
testimony of witnesses or the production of documentary evidence or
both. A copy of such petition shall be served by personal service or by
registered or certified mail upon the person who has failed to obey the
subpoena, and such person shall be advised in writing that a hearing
upon the petition will be requested in a court room to be designated in
such notice before the judge hearing motions or extraordinary remedies
at a specified time, on a specified date, not less than 10 nor more than
15 days after the deposit of the copy of the written notice and petition
in the U.S. mail addressed to the person at his or her last known address or
after the personal service of the copy of the notice and petition upon
such person. The court upon the filing of such a petition, may order the
person refusing to obey the subpoena to appear at an investigation or
hearing, or to there produce documentary evidence, if so ordered, or to
give evidence relative to the subject matter of that investigation or
hearing. Any failure to obey such order of the circuit court may be
punished by that court as a contempt of court.
Each member of the Board and any hearing officer designated by the
Board shall have the power to administer oaths and to take the testimony
of persons under oath.
(g) Except under subsection (a) of this Section, a majority of the
members then appointed to the Prisoner Review Board shall constitute a
quorum for the transaction of all business of the Board.
(h) The Prisoner Review Board shall annually transmit to the
Director a detailed report of its work for the preceding calendar year.
The annual report shall also be transmitted to the Governor for
submission to the Legislature.
(Source: P.A. 101-288, eff. 1-1-20; 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
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(730 ILCS 5/3-3-2.1) (from Ch. 38, par. 1003-3-2.1)
Sec. 3-3-2.1. Prisoner Review Board - Release Date. (a) Except as
provided in subsection (b), the Prisoner Review Board shall, no later
than 7 days following a prisoner's next parole hearing after the
effective date of this Amendatory Act of 1977, provide each prisoner
sentenced under the law in effect prior to the effective date of this
amendatory Act of 1977, with a fixed release date.
(b) No release date under this Section shall be set for any person
sentenced to an indeterminate sentence under the law in effect prior to
the effective date of this amendatory Act of 1977 in which the minimum
term of such sentence is 20 years or more.
(c) The Prisoner Review Board shall notify each eligible offender of
his or her release date in a form substantially as follows:
Date of Notice
"To (Name of offender):
Under a recent change in the law you are provided with this choice:
(1) You may remain under your present indeterminate sentence and
continue to be eligible for parole; or (2) you may waive your right to
parole and accept the release date which has been set for you. From
this release date will be deducted any good conduct credit you may earn.
If you accept the release date established by the Board, you will no
longer be eligible for parole.
Your release date from prison has been set for: (release date) ........ ,
subject to a term of mandatory supervised release as provided by law.
If you accumulate the maximum amount of good conduct credit as
allowed by law recently enacted, you can be released on:
........ , subject to a term of mandatory supervised release as provided by law.
Should you choose not to accept the release date, your next parole
hearing will be: ........ .
The Board has based its determination of your release date on the
following:
(1) The material that normally would be examined in |
| connection with your parole hearing, as set forth in paragraph (d) of Section 3-3-4 of the Unified Code of Corrections:
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(2) the intent of the court in imposing sentence on
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(3) the present schedule of sentences for similar
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| offenses provided by Articles 4.5 and 5 of Chapter V of the Unified Code of Corrections, as amended;
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(4) the factors in mitigation and aggravation
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| provided by Sections 5-5-3.1 and 5-5-3.2 of the Unified Code of Corrections, as amended;
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(5) The rate of accumulating good conduct credits
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| provided by Section 3-6-3 of the Unified Code of Corrections, as amended;
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(6) your behavior since commitment.
You now have 60 days in which to decide whether to remain under your
indeterminate sentence and continue to be eligible for parole or waive
your right to parole and accept the release date established for you by
the Board. If you do nothing within 60 days, you will remain under the
parole system.
If you accept the release date, you may accumulate good conduct
credit at the maximum rate provided under the law recently enacted.
If you feel that the release date set for you is unfair or is not
based on complete information required to be considered by the Board,
you may request that the Board reconsider the date. In your request you
must set forth specific reasons why you feel the Board's release date is
unfair and you may submit relevant material in support of your request.
The Department of Corrections is obligated to assist you in that
effort, if you ask it to do so.
The Board will notify you within 60 days whether or not it will
reconsider its decision. The Board's decision with respect to
reconsidering your release date is final and cannot be appealed to any
court.
If the Board decides not to reconsider your case you will have 60
days in which to decide whether to accept the release date and waive
your right to parole or to continue under the parole system. If you do
nothing within 60 days after you receive notification of the Board's
decision you will remain under the parole system.
If the Board decides to reconsider its decision with respect to your
release date, the Board will schedule a date for reconsideration as soon
as practicable, but no later than 60 days from the date it receives your
request, and give you at least 30 days notice. You may submit material
to the Board which you believe will be helpful in deciding a proper date
for your release. The Department of Corrections is obligated to assist
you in that effort, if you ask it to do so.
Neither you nor your lawyer has the right to be present on the date
of reconsideration, nor the right to call witnesses. However, the
Board may ask you or your lawyer to appear or may ask to hear witnesses.
The Board will base its determination on the same data on which it made
its earlier determination, plus any new information which may be
available to it.
When the Board has made its decision you will be informed of the
release date. In no event will it be longer than the release date
originally determined. From this date you may continue to accumulate
good conduct credits at the maximum rate. You will not be able to
appeal the Board's decision to a court.
Following the Board's reconsideration and upon being notified of your
release date you will have 60 days in which to decide whether to accept
the release date and waive your right to parole or to continue under the
parole system. If you do nothing within 60 days after notification of
the Board's decision you will remain under the parole system."
(d) The Board shall provide each eligible offender with a form
substantially as follows:
"I (name of offender) am fully aware of my right to choose between
parole eligibility and a fixed release date. I know that if I accept
the release date established, I will give up my right to seek parole. I
have read and understood the Prisoner Review Board's letter, and I know
how and under what circumstances the Board has set my release date. I
know that I will be released on that date and will be released earlier
if I accumulate good conduct credit. I know that the date set by the
Board is final, and can't be appealed to a court.
Fully aware of all the implications, I expressly and knowingly waive
my right to seek parole and accept the release date as established by
the Prisoner Review Board."
(e) The Board shall use the following information and standards in
establishing a release date for each eligible offender who requests that
a date be set:
(1) Such information as would be considered in a
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| parole hearing under Section 3-3-4 of this Code;
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(2) The intent of the court in imposing the
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(3) The present schedule for similar offenses
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| provided by Articles 4.5 and 5 of Chapter V of this Code;
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(4) Factors in aggravation and mitigation of sentence
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| as provided in Sections 5-5-3.1 and 5-5-3.2 of this Code;
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(5) The rate of accumulating good conduct credits
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| provided by Section 3-6-3 of this Code;
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(6) The offender's behavior since commitment to the
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(f) After the release date is set by the Board, the offender can
accumulate good conduct credits in accordance with Section 3-6-3 of this
Code.
(g) The release date established by the Board shall not be sooner
than the earliest date that the offender would have been eligible for
release under the sentence imposed on him by the court, less time credit
previously earned for good behavior, nor shall it be later than the
latest date at which the offender would have been eligible for release
under such sentence, less time credit previously earned for good behavior.
(h) (1) Except as provided in subsection (b), each prisoner
appearing at his next parole hearing subsequent to the effective date of
the amendatory Act of 1977, shall be notified within 7 days of the
hearing that he will either be released on parole or that a release date
has been set by the Board. The notice and waiver form provided for in
subsections (c) and (d) shall be presented to eligible prisoners no
later than 7 days following their parole hearing. A written statement
of the basis for the decision with regard to the release date set shall
be given to such prisoners no later than 14 days following the parole
hearing.
(2) Each prisoner upon notification of his release date shall have
60 days to choose whether to remain under the parole system or to accept
the release date established by the Board. No release date shall be
effective unless the prisoner waives his right to parole in writing. If
no choice is made by such prisoner within 60 days from the date of his
notification of a release date, such prisoner shall remain under the
parole system.
(3) Within the 60 day period as provided in paragraph (2) of this
subsection, a prisoner may request that the Board reconsider its
decision with regard to such prisoner's release date. No later than 60
days following receipt of such request for reconsideration, the Board
shall notify the prisoner as to whether or not it will reconsider such
prisoner's release date. No court shall have jurisdiction to review the
Board's decision. No prisoner shall be entitled to more than one request
for reconsideration of his release date.
(A) If the Board decides not to reconsider the
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| release date, the prisoner shall have 60 days to choose whether to remain under the parole system or to accept the release date established by the Board. No release date shall be effective unless the prisoner waives his right to parole in writing. If no choice is made by such prisoner within 60 days from the date of the notification by the Board refusing to reconsider his release date, such prisoner shall remain under the parole system.
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(B) If the Board decides to reconsider its decision
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| with respect to such release date, the Board shall schedule a date for reconsideration as soon as practicable, but no later than 60 days from the date of the prisoner's request, and give such prisoner at least 30 days notice. Such prisoner may submit any relevant material to the Board which would aid in ascertaining a proper release date. The Department of Corrections shall assist any such prisoner if asked to do so.
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Neither the prisoner nor his lawyer has the right to
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| be present on the date of reconsideration, nor the right to call witnesses. However, the Board may ask such prisoner or his or her lawyer to appear or may ask to hear witnesses. The Board shall base its determination on the factors specified in subsection (e), plus any new information which may be available to it.
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(C) When the Board has made its decision, the
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| prisoner shall be informed of the release date as provided for in subsection (c) no later than 7 days following the reconsideration. In no event shall such release date be longer than the release date originally determined. The decision of the Board is final. No court shall have jurisdiction to review the Board's decision.
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Following the Board's reconsideration and its notification to the
prisoner of his or her release date, such prisoner shall have 60 days
from the date of such notice in which to decide whether to accept the
release date and waive his or her right to parole or to continue under
the parole system. If such prisoner does nothing within 60 days after
notification of the Board's decision, he or she shall remain under the
parole system.
(Source: P.A. 95-1052, eff. 7-1-09; 96-1000, eff. 7-2-10.)
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(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) Sec. 3-3-7. Conditions of parole or mandatory supervised release.
(a) The conditions of parole or mandatory
supervised release shall be such as the Prisoner Review
Board deems necessary to assist the subject in leading a
law-abiding life. The conditions of every parole and mandatory
supervised release are that the subject:
(1) not violate any criminal statute of any |
| jurisdiction during the parole or release term;
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(2) refrain from possessing a firearm or other
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(3) report to an agent of the Department of
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(4) permit the agent to visit him or her at his or
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| her home, employment, or elsewhere to the extent necessary for the agent to discharge his or her duties;
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(5) attend or reside in a facility established for
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| the instruction or residence of persons on parole or mandatory supervised release;
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(6) secure permission before visiting or writing a
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| committed person in an Illinois Department of Corrections facility;
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(7) report all arrests to an agent of the Department
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| of Corrections as soon as permitted by the arresting authority but in no event later than 24 hours after release from custody and immediately report service or notification of an order of protection, a civil no contact order, or a stalking no contact order to an agent of the Department of Corrections;
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(7.5) if convicted of a sex offense as defined in the
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| Sex Offender Management Board Act, the individual shall undergo and successfully complete sex offender treatment conducted in conformance with the standards developed by the Sex Offender Management Board Act by a treatment provider approved by the Board;
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(7.6) if convicted of a sex offense as defined in the
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| 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, or is in any facility operated or licensed by the Department of Children and Family Services or by the Department of Human Services, or is in any licensed medical facility;
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(7.7) if convicted for an offense that would qualify
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| the accused as a sexual predator under the Sex Offender Registration Act on or after January 1, 2007 (the effective date of Public Act 94-988), wear an approved electronic monitoring device as defined in Section 5-8A-2 for the duration of the person's parole, mandatory supervised release term, or extended mandatory supervised release term and if convicted for an offense of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, or ritualized abuse of a child committed on or after August 11, 2009 (the effective date of Public Act 96-236) when the victim was under 18 years of age at the time of the commission of the offense and the defendant used force or the threat of force in the commission of the offense wear an approved electronic monitoring device as defined in Section 5-8A-2 that has Global Positioning System (GPS) capability for the duration of the person's parole, mandatory supervised release term, or extended mandatory supervised release term;
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(7.8) if convicted for an offense committed on or
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| 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 (7.8), "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;
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(7.9) if convicted under Section 11-6, 11-20.1,
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| 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012, consent to search of computers, PDAs, cellular phones, and other devices under his or her control that are capable of accessing the Internet or storing electronic files, in order to confirm Internet protocol addresses reported in accordance with the Sex Offender Registration Act and compliance with conditions in this Act;
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(7.10) if convicted for an offense that would
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| qualify the accused as a sex offender or sexual predator under the Sex Offender Registration Act on or after June 1, 2008 (the effective date of Public Act 95-640), not possess prescription drugs for erectile dysfunction;
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(7.11) if convicted for an offense under Section
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| 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):
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(i) not access or use a computer or any other
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| device with Internet capability without the prior written approval of the Department;
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(ii) submit to periodic unannounced examinations
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| of the offender's computer or any other device with Internet capability by the offender's supervising agent, 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;
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(iii) submit to the installation on the
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| 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
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(iv) submit to any other appropriate restrictions
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| concerning the offender's use of or access to a computer or any other device with Internet capability imposed by the Board, the Department or the offender's supervising agent;
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(7.12) if convicted of a sex offense as defined in
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| 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;
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|
(7.13) if convicted of a sex offense as defined in
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| 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;
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|
(8) obtain permission of an agent of the Department
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| of Corrections before leaving the State of Illinois;
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|
(9) obtain permission of an agent of the Department
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| of Corrections before changing his or her residence or employment;
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|
(10) consent to a search of his or her person,
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| property, or residence under his or her control;
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|
(11) refrain from the use or possession of narcotics
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| or other controlled substances in any form, or both, or any paraphernalia related to those substances and submit to a urinalysis test as instructed by a parole agent of the Department of Corrections if there is reasonable suspicion of illicit drug use and the source of the reasonable suspicion is documented in the Department's case management system;
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|
(12) not knowingly frequent places where controlled
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| substances are illegally sold, used, distributed, or administered;
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|
(13) except when the association described in either
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| subparagraph (A) or (B) of this paragraph (13) involves activities related to community programs, worship services, volunteering, engaging families, or some other pro-social activity in which there is no evidence of criminal intent:
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|
(A) not knowingly associate with other persons on
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| parole or mandatory supervised release without prior written permission of his or her parole agent; or
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|
(B) not knowingly associate with persons who are
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| members of an organized gang as that term is defined in the Illinois Streetgang Terrorism Omnibus Prevention Act;
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|
(14) provide true and accurate information, as it
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| relates to his or her adjustment in the community while on parole or mandatory supervised release or to his or her conduct while incarcerated, in response to inquiries by his or her parole agent or of the Department of Corrections;
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|
(15) follow any specific instructions provided by the
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| parole agent that are consistent with furthering conditions set and approved by the Prisoner Review Board or by law, exclusive of placement on electronic detention, to achieve the goals and objectives of his or her parole or mandatory supervised release or to protect the public. These instructions by the parole agent may be modified at any time, as the agent deems appropriate;
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|
(16) if convicted of a sex offense as defined in
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| 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;
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|
(17) if convicted of a violation of an order of
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| protection under Section 12-3.4 or Section 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, be placed under electronic surveillance as provided in Section 5-8A-7 of this Code;
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|
(18) comply with the terms and conditions of an
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| order of protection issued pursuant to the Illinois Domestic Violence Act of 1986; an order of protection issued by the court of another state, tribe, or United States territory; a no contact order issued pursuant to the Civil No Contact Order Act; or a no contact order issued pursuant to the Stalking No Contact Order Act;
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|
(19) if convicted of a violation of the
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| Methamphetamine Control and Community Protection Act, the Methamphetamine Precursor Control Act, or a methamphetamine related offense, be:
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|
(A) prohibited from purchasing, possessing, or
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| having under his or her control any product containing pseudoephedrine unless prescribed by a physician; and
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|
(B) prohibited from purchasing, possessing, or
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| having under his or her control any product containing ammonium nitrate;
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|
(20) if convicted of a hate crime under Section
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| 12-7.1 of the Criminal Code of 2012, perform public or community service of no less than 200 hours and enroll in an educational program discouraging hate crimes 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 ordered by the court; and
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|
(21) be evaluated by the Department of Corrections
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| prior to release using a validated risk assessment and be subject to a corresponding level of supervision. In accordance with the findings of that evaluation:
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|
(A) All subjects found to be at a moderate or
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| high risk to recidivate, or on parole or mandatory supervised release for first degree murder, a forcible felony as defined in Section 2-8 of the Criminal Code of 2012, any felony that requires registration as a sex offender under the Sex Offender Registration Act, or a Class X felony or Class 1 felony that is not a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, shall be subject to high level supervision. The Department shall define high level supervision based upon evidence-based and research-based practices. Notwithstanding this placement on high level supervision, placement of the subject on electronic monitoring or detention shall not occur unless it is required by law or expressly ordered or approved by the Prisoner Review Board.
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|
(B) All subjects found to be at a low risk to
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| recidivate shall be subject to low-level supervision, except for those subjects on parole or mandatory supervised release for first degree murder, a forcible felony as defined in Section 2-8 of the Criminal Code of 2012, any felony that requires registration as a sex offender under the Sex Offender Registration Act, or a Class X felony or Class 1 felony that is not a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act. Low level supervision shall require the subject to check in with the supervising officer via phone or other electronic means. Notwithstanding this placement on low level supervision, placement of the subject on electronic monitoring or detention shall not occur unless it is required by law or expressly ordered or approved by the Prisoner Review Board.
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|
(b) The Board may after making an individualized assessment pursuant to subsection (a) of Section 3-14-2 in addition to other conditions
require that the subject:
(1) work or pursue a course of study or vocational
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|
(2) undergo medical or psychiatric treatment, or
|
| treatment for drug addiction or alcoholism;
|
|
(3) attend or reside in a facility established for
|
| the instruction or residence of persons on probation or parole;
|
|
(4) support his or her dependents;
(5) (blank);
(6) (blank);
(7) (blank);
(7.5) if convicted for an offense committed on or
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| after the effective date of this amendatory Act of the 95th General Assembly 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 (7.5), "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;
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|
(7.6) 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 Department;
|
|
(ii) submit to periodic unannounced examinations
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| of the offender's computer or any other device with Internet capability by the offender's supervising agent, 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 Board, the Department or the offender's supervising agent; and
|
|
(8) (blank).
(b-1) In addition to the conditions set forth in subsections (a) and (b), persons required to register as sex offenders pursuant to the Sex Offender Registration Act, upon release from the custody of the Illinois Department of Corrections, may be required by the Board to comply with the following specific conditions of release following an individualized assessment pursuant to subsection (a) of Section 3-14-2:
(1) reside only at a Department approved location;
(2) comply with all requirements of the Sex Offender
|
|
(3) notify third parties of the risks that
|
| may be occasioned by his or her criminal record;
|
|
(4) obtain the approval of an agent of the Department
|
| of Corrections prior to accepting employment or pursuing a course of study or vocational training and notify the Department prior to any change in employment, study, or training;
|
|
(5) not be employed or participate in any
|
| volunteer activity that involves contact with children, except under circumstances approved in advance and in writing by an agent of the Department of Corrections;
|
|
(6) be electronically monitored for a minimum of 12
|
| months from the date of release as determined by the Board;
|
|
(7) refrain from entering into a designated
|
| geographic area except upon terms approved in advance by an agent of the Department of Corrections. The terms may include consideration of the purpose of the entry, the time of day, and others accompanying the person;
|
|
(8) refrain from having any contact, including
|
| written or oral communications, directly or indirectly, personally or by telephone, letter, or through a third party with certain specified persons including, but not limited to, the victim or the victim's family without the prior written approval of an agent of the Department of Corrections;
|
|
(9) refrain from all contact, directly or
|
| indirectly, personally, by telephone, letter, or through a third party, with minor children without prior identification and approval of an agent of the Department of Corrections;
|
|
(10) neither possess or have under his or her
|
| control any material that is sexually oriented, sexually stimulating, or that shows male or female sex organs or any pictures depicting children under 18 years of age nude or any written or audio material describing sexual intercourse or that depicts or alludes to sexual activity, including but not limited to visual, auditory, telephonic, or electronic media, or any matter obtained through access to any computer or material linked to computer access use;
|
|
(11) not patronize any business providing
|
| sexually stimulating or sexually oriented entertainment nor utilize "900" or adult telephone numbers;
|
|
(12) not reside near, visit, or be in or about
|
| parks, schools, day care centers, swimming pools, beaches, theaters, or any other places where minor children congregate without advance approval of an agent of the Department of Corrections and immediately report any incidental contact with minor children to the Department;
|
|
(13) not possess or have under his or her control
|
| certain specified items of contraband related to the incidence of sexually offending as determined by an agent of the Department of Corrections;
|
|
(14) may be required to provide a written daily log
|
| of activities if directed by an agent of the Department of Corrections;
|
|
(15) comply with all other special conditions
|
| that the Department may impose that restrict the person from high-risk situations and limit access to potential victims;
|
|
(16) take an annual polygraph exam;
(17) maintain a log of his or her travel; or
(18) obtain prior approval of his or her parole
|
| officer before driving alone in a motor vehicle.
|
|
(c) The conditions under which the parole or mandatory
supervised release is to be served shall be communicated to
the person in writing prior to his or her release, and he or she shall
sign the same before release. A signed copy of these conditions,
including a copy of an order of protection where one had been issued by the
criminal court, shall be retained by the person and another copy forwarded to
the officer in charge of his or her supervision.
(d) After a hearing under Section 3-3-9, the Prisoner
Review Board may modify or enlarge the conditions of parole
or mandatory supervised release.
(e) The Department shall inform all offenders committed to
the Department of the optional services available to them
upon release and shall assist inmates in availing themselves
of such optional services upon their release on a voluntary
basis.
(f) (Blank).
(Source: P.A. 103-271, eff. 1-1-24 .)
|
(730 ILCS 5/3-3-11.05)
Sec. 3-3-11.05. State Council for Interstate Compacts for the State of Illinois.
(a) Membership and appointing authority.
(1) A State Compact Administrator for the Interstate |
| Compact for Adult Offender Supervision shall be appointed by the Governor. The Adult Offender Supervision Compact Administrator shall be a representative of the Illinois Department of Corrections and shall act as the day-to-day administrator for the Interstate Compact for Adult Offender Supervision. The State Compact Administrator shall serve as the State's Commissioner to the Interstate Commission for Adult Offenders, as provided in Article IV of the Compact. The Adult Offender Supervision Compact Administrator shall serve as Chairperson of the State Council for Interstate Compacts, except that the State Compact Administrator for the Interstate Compact for Juveniles may be designated by the State Council to serve as Chairperson for the State Council when juvenile issues come before the council.
|
|
(2) A Deputy Compact Administrator from probation
|
| shall be appointed by the Supreme Court.
|
|
(3) A representative shall be appointed by the
|
| Speaker of the House of Representatives.
|
|
(4) A representative shall be appointed by the
|
| Minority Leader of the House of Representatives.
|
|
(5) A representative shall be appointed by the
|
|
(6) A representative shall be appointed by the
|
| Minority Leader of the Senate.
|
|
(7) A judicial representative shall be appointed by
|
|
(8) A representative from a crime victims' advocacy
|
| group shall be appointed by the Governor.
|
|
(9) A parole representative shall be appointed by the
|
|
(10) A probation representative shall be appointed by
|
| the Director of the Administrative Office of the Illinois Courts.
|
|
(11) A representative shall be appointed by the
|
| Director of Juvenile Justice.
|
|
(12) The Deputy Compact Administrator (Juvenile)
|
| appointed by the Secretary of Human Services.
|
|
(13) The State Compact Administrator of the
|
| Interstate Compact for Juveniles.
|
|
(14) The persons appointed under clauses (1) through
|
| (13) of this subsection (a) shall be voting members of the State Council. With the approval of the State Council, persons representing other organizations that may have an interest in the Compact may also be appointed to serve as non-voting members of the State Council by those interested organizations. Those organizations may include, but are not limited to, the Illinois Sheriffs' Association, the Illinois Association of Chiefs of Police, the Illinois State's Attorneys Association, and the Office of Attorney General.
|
|
(b) Terms of appointment.
(1) The Compact Administrators and the Deputy
|
| Compact Administrators shall serve at the will of their respective appointing authorities.
|
|
(2) The crime victims' advocacy group representative
|
| and the judicial representative shall each serve an initial term of 2 years. Thereafter, they shall each serve for a term of 4 years.
|
|
(3) The representatives appointed by the Speaker of
|
| the House of Representatives, the President of the Senate, the Minority Leader of the House of Representatives, and the Minority Leader of the Senate shall each serve for a term of 4 years. If one of these representatives shall not be able to fulfill the completion of his or her term, then another representative shall be appointed by his or her respective appointing authority for the remainder of his or her term.
|
|
(4) The probation representative and the parole
|
| representative shall each serve a term of 2 years.
|
|
(5) The time frame limiting the initial term of
|
| appointments for voting representatives listed in clauses (2) through (4) of this subsection (b) shall not begin until more than 50% of the appointments have been made by the respective appointing authorities.
|
|
(c) Duties and responsibilities.
(1) The duties and responsibilities of the State
|
|
(A) To appoint the State Compact Administrator as
|
| Illinois' Commissioner on the Interstate Commission.
|
|
(B) To develop by-laws for the operation of the
|
|
(C) To establish policies and procedures for the
|
| Interstate Compact operations in Illinois.
|
|
(D) To monitor and remediate Compact compliance
|
|
(E) To promote system training and public
|
| awareness regarding the Compact's mission and mandates.
|
|
(F) To meet at least twice a year and otherwise
|
| as called by the Chairperson.
|
|
(G) To allow for the appointment of non-voting
|
| members as deemed appropriate.
|
|
(H) To issue rules in accordance with Article 5
|
| of the Illinois Administrative Procedure Act.
|
|
(I) To publish Interstate Commission rules.
(d) Funding. The State shall appropriate funds to the Department of
Corrections to
support the operations of the State Council and its membership dues to the
Interstate
Commission.
(e) Penalties. Procedures for assessment of penalties imposed pursuant to
Article
XII of the Compact shall be established by the State Council.
(f) Notification of ratification of Compact. The State Compact
Administrator
shall notify the Governor and Secretary of State when 35 States have enacted
the Compact.
(Source: P.A. 95-937, eff. 8-26-08.)
|