Public Act 101-0382
 
HB2244 EnrolledLRB101 09689 SLF 55913 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. This Act may be referred to as the Free Meek
Mill Act.
 
    Section 5. The Unified Code of Corrections is amended by
changing Section 3-3-7 as follows:
 
    (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;
        (2) refrain from possessing a firearm or other
    dangerous weapon;
        (3) report to an agent of the Department of
    Corrections;
        (4) permit the agent to visit him or her at his or her
    home, employment, or elsewhere to the extent necessary for
    the agent to discharge his or her duties;
        (5) attend or reside in a facility established for the
    instruction or residence of persons on parole or mandatory
    supervised release;
        (6) secure permission before visiting or writing a
    committed person in an Illinois Department of Corrections
    facility;
        (7) report all arrests to an agent of the Department 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;
        (7.5) if convicted of a sex offense as defined in the
    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;
        (7.6) 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, 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;
        (7.7) if convicted for an offense that would qualify
    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;
        (7.8) 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 (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;
        (7.9) if convicted under Section 11-6, 11-20.1,
    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;
        (7.10) if convicted for an offense that would 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;
        (7.11) 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 Department;
            (ii) submit to periodic unannounced examinations
        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;
        (7.12) 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;
        (7.13) 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;
        (8) obtain permission of an agent of the Department of
    Corrections before leaving the State of Illinois;
        (9) obtain permission of an agent of the Department of
    Corrections before changing his or her residence or
    employment;
        (10) consent to a search of his or her person,
    property, or residence under his or her control;
        (11) refrain from the use or possession of narcotics 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;
        (12) not knowingly frequent places where controlled
    substances are illegally sold, used, distributed, or
    administered;
        (13) except when the association described in either
    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:
            (A) not knowingly associate with other persons on
        parole or mandatory supervised release without prior
        written permission of his or her parole agent; or
            (B) not knowingly , except when the association
        involves activities related to community programs,
        worship services, volunteering, and engaging families,
        and not associate with persons who are members of an
        organized gang as that term is defined in the Illinois
        Streetgang Terrorism Omnibus Prevention Act;
        (14) provide true and accurate information, as it
    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;
        (15) follow any specific instructions provided by the
    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;
        (16) 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;
        (17) if convicted of a violation of an order of
    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;
        (18) comply with the terms and conditions of an 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;
        (19) if convicted of a violation of the Methamphetamine
    Control and Community Protection Act, the Methamphetamine
    Precursor Control Act, or a methamphetamine related
    offense, be:
            (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;
        (20) if convicted of a hate crime under Section 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
        (21) be evaluated by the Department of Corrections
    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:
            (A) All subjects found to be at a moderate or 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.
            (B) All subjects found to be at a low risk to
        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.
    (b) The Board may in addition to other conditions require
that the subject:
        (1) work or pursue a course of study or vocational
    training;
        (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 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;
        (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
        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) in addition, if a minor:
            (i) reside with his or her parents or in a foster
        home;
            (ii) attend school;
            (iii) attend a non-residential program for youth;
        or
            (iv) contribute to his or her own support at home
        or in a foster home.
    (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:
        (1) reside only at a Department approved location;
        (2) comply with all requirements of the Sex Offender
    Registration Act;
        (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. 99-628, eff. 1-1-17; 99-698, eff. 7-29-16;
100-201, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff.
1-8-18.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.