101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1406

 

Introduced 2/13/2019, by Sen. Donald P. DeWitte

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-3-7  from Ch. 38, par. 1003-3-7

    Amends the Unified Code of Corrections concerning parole or mandatory supervised release. Provides that the Department of Corrections may not discriminate against any offender on the basis of any of the protected classes under the Illinois Human Rights Act.


LRB101 09198 SLF 54292 b

 

 

A BILL FOR

 

SB1406LRB101 09198 SLF 54292 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 3-3-7 as follows:
 
6    (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
7    Sec. 3-3-7. Conditions of parole or mandatory supervised
8release.
9    (a) The conditions of parole or mandatory supervised
10release shall be such as the Prisoner Review Board deems
11necessary to assist the subject in leading a law-abiding life.
12The conditions of every parole and mandatory supervised release
13are that the subject:
14        (1) not violate any criminal statute of any
15    jurisdiction during the parole or release term;
16        (2) refrain from possessing a firearm or other
17    dangerous weapon;
18        (3) report to an agent of the Department of
19    Corrections;
20        (4) permit the agent to visit him or her at his or her
21    home, employment, or elsewhere to the extent necessary for
22    the agent to discharge his or her duties;
23        (5) attend or reside in a facility established for the

 

 

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1    instruction or residence of persons on parole or mandatory
2    supervised release;
3        (6) secure permission before visiting or writing a
4    committed person in an Illinois Department of Corrections
5    facility;
6        (7) report all arrests to an agent of the Department of
7    Corrections as soon as permitted by the arresting authority
8    but in no event later than 24 hours after release from
9    custody and immediately report service or notification of
10    an order of protection, a civil no contact order, or a
11    stalking no contact order to an agent of the Department of
12    Corrections;
13        (7.5) if convicted of a sex offense as defined in the
14    Sex Offender Management Board Act, the individual shall
15    undergo and successfully complete sex offender treatment
16    conducted in conformance with the standards developed by
17    the Sex Offender Management Board Act by a treatment
18    provider approved by the Board;
19        (7.6) if convicted of a sex offense as defined in the
20    Sex Offender Management Board Act, refrain from residing at
21    the same address or in the same condominium unit or
22    apartment unit or in the same condominium complex or
23    apartment complex with another person he or she knows or
24    reasonably should know is a convicted sex offender or has
25    been placed on supervision for a sex offense; the
26    provisions of this paragraph do not apply to a person

 

 

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1    convicted of a sex offense who is placed in a Department of
2    Corrections licensed transitional housing facility for sex
3    offenders, or is in any facility operated or licensed by
4    the Department of Children and Family Services or by the
5    Department of Human Services, or is in any licensed medical
6    facility;
7        (7.7) if convicted for an offense that would qualify
8    the accused as a sexual predator under the Sex Offender
9    Registration Act on or after January 1, 2007 (the effective
10    date of Public Act 94-988), wear an approved electronic
11    monitoring device as defined in Section 5-8A-2 for the
12    duration of the person's parole, mandatory supervised
13    release term, or extended mandatory supervised release
14    term and if convicted for an offense of criminal sexual
15    assault, aggravated criminal sexual assault, predatory
16    criminal sexual assault of a child, criminal sexual abuse,
17    aggravated criminal sexual abuse, or ritualized abuse of a
18    child committed on or after August 11, 2009 (the effective
19    date of Public Act 96-236) when the victim was under 18
20    years of age at the time of the commission of the offense
21    and the defendant used force or the threat of force in the
22    commission of the offense wear an approved electronic
23    monitoring device as defined in Section 5-8A-2 that has
24    Global Positioning System (GPS) capability for the
25    duration of the person's parole, mandatory supervised
26    release term, or extended mandatory supervised release

 

 

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1    term;
2        (7.8) if convicted for an offense committed on or after
3    June 1, 2008 (the effective date of Public Act 95-464) that
4    would qualify the accused as a child sex offender as
5    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
6    1961 or the Criminal Code of 2012, refrain from
7    communicating with or contacting, by means of the Internet,
8    a person who is not related to the accused and whom the
9    accused reasonably believes to be under 18 years of age;
10    for purposes of this paragraph (7.8), "Internet" has the
11    meaning ascribed to it in Section 16-0.1 of the Criminal
12    Code of 2012; and a person is not related to the accused if
13    the person is not: (i) the spouse, brother, or sister of
14    the accused; (ii) a descendant of the accused; (iii) a
15    first or second cousin of the accused; or (iv) a step-child
16    or adopted child of the accused;
17        (7.9) if convicted under Section 11-6, 11-20.1,
18    11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or
19    the Criminal Code of 2012, consent to search of computers,
20    PDAs, cellular phones, and other devices under his or her
21    control that are capable of accessing the Internet or
22    storing electronic files, in order to confirm Internet
23    protocol addresses reported in accordance with the Sex
24    Offender Registration Act and compliance with conditions
25    in this Act;
26        (7.10) if convicted for an offense that would qualify

 

 

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1    the accused as a sex offender or sexual predator under the
2    Sex Offender Registration Act on or after June 1, 2008 (the
3    effective date of Public Act 95-640), not possess
4    prescription drugs for erectile dysfunction;
5        (7.11) if convicted for an offense under Section 11-6,
6    11-9.1, 11-14.4 that involves soliciting for a juvenile
7    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
8    of the Criminal Code of 1961 or the Criminal Code of 2012,
9    or any attempt to commit any of these offenses, committed
10    on or after June 1, 2009 (the effective date of Public Act
11    95-983):
12            (i) not access or use a computer or any other
13        device with Internet capability without the prior
14        written approval of the Department;
15            (ii) submit to periodic unannounced examinations
16        of the offender's computer or any other device with
17        Internet capability by the offender's supervising
18        agent, a law enforcement officer, or assigned computer
19        or information technology specialist, including the
20        retrieval and copying of all data from the computer or
21        device and any internal or external peripherals and
22        removal of such information, equipment, or device to
23        conduct a more thorough inspection;
24            (iii) submit to the installation on the offender's
25        computer or device with Internet capability, at the
26        offender's expense, of one or more hardware or software

 

 

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1        systems to monitor the Internet use; and
2            (iv) submit to any other appropriate restrictions
3        concerning the offender's use of or access to a
4        computer or any other device with Internet capability
5        imposed by the Board, the Department or the offender's
6        supervising agent;
7        (7.12) if convicted of a sex offense as defined in the
8    Sex Offender Registration Act committed on or after January
9    1, 2010 (the effective date of Public Act 96-262), refrain
10    from accessing or using a social networking website as
11    defined in Section 17-0.5 of the Criminal Code of 2012;
12        (7.13) if convicted of a sex offense as defined in
13    Section 2 of the Sex Offender Registration Act committed on
14    or after January 1, 2010 (the effective date of Public Act
15    96-362) that requires the person to register as a sex
16    offender under that Act, may not knowingly use any computer
17    scrub software on any computer that the sex offender uses;
18        (8) obtain permission of an agent of the Department of
19    Corrections before leaving the State of Illinois;
20        (9) obtain permission of an agent of the Department of
21    Corrections before changing his or her residence or
22    employment;
23        (10) consent to a search of his or her person,
24    property, or residence under his or her control;
25        (11) refrain from the use or possession of narcotics or
26    other controlled substances in any form, or both, or any

 

 

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1    paraphernalia related to those substances and submit to a
2    urinalysis test as instructed by a parole agent of the
3    Department of Corrections;
4        (12) not frequent places where controlled substances
5    are illegally sold, used, distributed, or administered;
6        (13) not knowingly associate with other persons on
7    parole or mandatory supervised release without prior
8    written permission of his or her parole agent, except when
9    the association involves activities related to community
10    programs, worship services, volunteering, and engaging
11    families, and not associate with persons who are members of
12    an organized gang as that term is defined in the Illinois
13    Streetgang Terrorism Omnibus Prevention Act;
14        (14) provide true and accurate information, as it
15    relates to his or her adjustment in the community while on
16    parole or mandatory supervised release or to his or her
17    conduct while incarcerated, in response to inquiries by his
18    or her parole agent or of the Department of Corrections;
19        (15) follow any specific instructions provided by the
20    parole agent that are consistent with furthering
21    conditions set and approved by the Prisoner Review Board or
22    by law, exclusive of placement on electronic detention, to
23    achieve the goals and objectives of his or her parole or
24    mandatory supervised release or to protect the public.
25    These instructions by the parole agent may be modified at
26    any time, as the agent deems appropriate;

 

 

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1        (16) if convicted of a sex offense as defined in
2    subsection (a-5) of Section 3-1-2 of this Code, unless the
3    offender is a parent or guardian of the person under 18
4    years of age present in the home and no non-familial minors
5    are present, not participate in a holiday event involving
6    children under 18 years of age, such as distributing candy
7    or other items to children on Halloween, wearing a Santa
8    Claus costume on or preceding Christmas, being employed as
9    a department store Santa Claus, or wearing an Easter Bunny
10    costume on or preceding Easter;
11        (17) if convicted of a violation of an order of
12    protection under Section 12-3.4 or Section 12-30 of the
13    Criminal Code of 1961 or the Criminal Code of 2012, be
14    placed under electronic surveillance as provided in
15    Section 5-8A-7 of this Code;
16        (18) comply with the terms and conditions of an order
17    of protection issued pursuant to the Illinois Domestic
18    Violence Act of 1986; an order of protection issued by the
19    court of another state, tribe, or United States territory;
20    a no contact order issued pursuant to the Civil No Contact
21    Order Act; or a no contact order issued pursuant to the
22    Stalking No Contact Order Act;
23        (19) if convicted of a violation of the Methamphetamine
24    Control and Community Protection Act, the Methamphetamine
25    Precursor Control Act, or a methamphetamine related
26    offense, be:

 

 

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1            (A) prohibited from purchasing, possessing, or
2        having under his or her control any product containing
3        pseudoephedrine unless prescribed by a physician; and
4            (B) prohibited from purchasing, possessing, or
5        having under his or her control any product containing
6        ammonium nitrate;
7        (20) if convicted of a hate crime under Section 12-7.1
8    of the Criminal Code of 2012, perform public or community
9    service of no less than 200 hours and enroll in an
10    educational program discouraging hate crimes involving the
11    protected class identified in subsection (a) of Section
12    12-7.1 of the Criminal Code of 2012 that gave rise to the
13    offense the offender committed ordered by the court; and
14        (21) be evaluated by the Department of Corrections
15    prior to release using a validated risk assessment and be
16    subject to a corresponding level of supervision. In
17    accordance with the findings of that evaluation:
18            (A) All subjects found to be at a moderate or high
19        risk to recidivate, or on parole or mandatory
20        supervised release for first degree murder, a forcible
21        felony as defined in Section 2-8 of the Criminal Code
22        of 2012, any felony that requires registration as a sex
23        offender under the Sex Offender Registration Act, or a
24        Class X felony or Class 1 felony that is not a
25        violation of the Cannabis Control Act, the Illinois
26        Controlled Substances Act, or the Methamphetamine

 

 

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1        Control and Community Protection Act, shall be subject
2        to high level supervision. The Department shall define
3        high level supervision based upon evidence-based and
4        research-based practices. Notwithstanding this
5        placement on high level supervision, placement of the
6        subject on electronic monitoring or detention shall
7        not occur unless it is required by law or expressly
8        ordered or approved by the Prisoner Review Board.
9            (B) All subjects found to be at a low risk to
10        recidivate shall be subject to low-level supervision,
11        except for those subjects on parole or mandatory
12        supervised release for first degree murder, a forcible
13        felony as defined in Section 2-8 of the Criminal Code
14        of 2012, any felony that requires registration as a sex
15        offender under the Sex Offender Registration Act, or a
16        Class X felony or Class 1 felony that is not a
17        violation of the Cannabis Control Act, the Illinois
18        Controlled Substances Act, or the Methamphetamine
19        Control and Community Protection Act. Low level
20        supervision shall require the subject to check in with
21        the supervising officer via phone or other electronic
22        means. Notwithstanding this placement on low level
23        supervision, placement of the subject on electronic
24        monitoring or detention shall not occur unless it is
25        required by law or expressly ordered or approved by the
26        Prisoner Review Board.

 

 

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1    (b) The Board may in addition to other conditions require
2that the subject:
3        (1) work or pursue a course of study or vocational
4    training;
5        (2) undergo medical or psychiatric treatment, or
6    treatment for drug addiction or alcoholism;
7        (3) attend or reside in a facility established for the
8    instruction or residence of persons on probation or parole;
9        (4) support his or her dependents;
10        (5) (blank);
11        (6) (blank);
12        (7) (blank);
13        (7.5) if convicted for an offense committed on or after
14    the effective date of this amendatory Act of the 95th
15    General Assembly that would qualify the accused as a child
16    sex offender as defined in Section 11-9.3 or 11-9.4 of the
17    Criminal Code of 1961 or the Criminal Code of 2012, refrain
18    from communicating with or contacting, by means of the
19    Internet, a person who is related to the accused and whom
20    the accused reasonably believes to be under 18 years of
21    age; for purposes of this paragraph (7.5), "Internet" has
22    the meaning ascribed to it in Section 16-0.1 of the
23    Criminal Code of 2012; and a person is related to the
24    accused if the person is: (i) the spouse, brother, or
25    sister of the accused; (ii) a descendant of the accused;
26    (iii) a first or second cousin of the accused; or (iv) a

 

 

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1    step-child or adopted child of the accused;
2        (7.6) if convicted for an offense committed on or after
3    June 1, 2009 (the effective date of Public Act 95-983) that
4    would qualify as a sex offense as defined in the Sex
5    Offender Registration Act:
6            (i) not access or use a computer or any other
7        device with Internet capability without the prior
8        written approval of the Department;
9            (ii) submit to periodic unannounced examinations
10        of the offender's computer or any other device with
11        Internet capability by the offender's supervising
12        agent, a law enforcement officer, or assigned computer
13        or information technology specialist, including the
14        retrieval and copying of all data from the computer or
15        device and any internal or external peripherals and
16        removal of such information, equipment, or device to
17        conduct a more thorough inspection;
18            (iii) submit to the installation on the offender's
19        computer or device with Internet capability, at the
20        offender's expense, of one or more hardware or software
21        systems to monitor the Internet use; and
22            (iv) submit to any other appropriate restrictions
23        concerning the offender's use of or access to a
24        computer or any other device with Internet capability
25        imposed by the Board, the Department or the offender's
26        supervising agent; and

 

 

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1        (8) in addition, if a minor:
2            (i) reside with his or her parents or in a foster
3        home;
4            (ii) attend school;
5            (iii) attend a non-residential program for youth;
6        or
7            (iv) contribute to his or her own support at home
8        or in a foster home.
9    (b-1) In addition to the conditions set forth in
10subsections (a) and (b), persons required to register as sex
11offenders pursuant to the Sex Offender Registration Act, upon
12release from the custody of the Illinois Department of
13Corrections, may be required by the Board to comply with the
14following specific conditions of release:
15        (1) reside only at a Department approved location;
16        (2) comply with all requirements of the Sex Offender
17    Registration Act;
18        (3) notify third parties of the risks that may be
19    occasioned by his or her criminal record;
20        (4) obtain the approval of an agent of the Department
21    of Corrections prior to accepting employment or pursuing a
22    course of study or vocational training and notify the
23    Department prior to any change in employment, study, or
24    training;
25        (5) not be employed or participate in any volunteer
26    activity that involves contact with children, except under

 

 

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1    circumstances approved in advance and in writing by an
2    agent of the Department of Corrections;
3        (6) be electronically monitored for a minimum of 12
4    months from the date of release as determined by the Board;
5        (7) refrain from entering into a designated geographic
6    area except upon terms approved in advance by an agent of
7    the Department of Corrections. The terms may include
8    consideration of the purpose of the entry, the time of day,
9    and others accompanying the person;
10        (8) refrain from having any contact, including written
11    or oral communications, directly or indirectly, personally
12    or by telephone, letter, or through a third party with
13    certain specified persons including, but not limited to,
14    the victim or the victim's family without the prior written
15    approval of an agent of the Department of Corrections;
16        (9) refrain from all contact, directly or indirectly,
17    personally, by telephone, letter, or through a third party,
18    with minor children without prior identification and
19    approval of an agent of the Department of Corrections;
20        (10) neither possess or have under his or her control
21    any material that is sexually oriented, sexually
22    stimulating, or that shows male or female sex organs or any
23    pictures depicting children under 18 years of age nude or
24    any written or audio material describing sexual
25    intercourse or that depicts or alludes to sexual activity,
26    including but not limited to visual, auditory, telephonic,

 

 

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1    or electronic media, or any matter obtained through access
2    to any computer or material linked to computer access use;
3        (11) not patronize any business providing sexually
4    stimulating or sexually oriented entertainment nor utilize
5    "900" or adult telephone numbers;
6        (12) not reside near, visit, or be in or about parks,
7    schools, day care centers, swimming pools, beaches,
8    theaters, or any other places where minor children
9    congregate without advance approval of an agent of the
10    Department of Corrections and immediately report any
11    incidental contact with minor children to the Department;
12        (13) not possess or have under his or her control
13    certain specified items of contraband related to the
14    incidence of sexually offending as determined by an agent
15    of the Department of Corrections;
16        (14) may be required to provide a written daily log of
17    activities if directed by an agent of the Department of
18    Corrections;
19        (15) comply with all other special conditions that the
20    Department may impose that restrict the person from
21    high-risk situations and limit access to potential
22    victims;
23        (16) take an annual polygraph exam;
24        (17) maintain a log of his or her travel; or
25        (18) obtain prior approval of his or her parole officer
26    before driving alone in a motor vehicle.

 

 

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1    (c) The conditions under which the parole or mandatory
2supervised release is to be served shall be communicated to the
3person in writing prior to his or her release, and he or she
4shall sign the same before release. A signed copy of these
5conditions, including a copy of an order of protection where
6one had been issued by the criminal court, shall be retained by
7the person and another copy forwarded to the officer in charge
8of his or her supervision.
9    (d) After a hearing under Section 3-3-9, the Prisoner
10Review Board may modify or enlarge the conditions of parole or
11mandatory supervised release.
12    (e) The Department shall inform all offenders committed to
13the Department of the optional services available to them upon
14release and shall assist inmates in availing themselves of such
15optional services upon their release on a voluntary basis.
16    (e-5) The Department may not discriminate against any
17offender on the basis of any of the protected classes under
18subsection (A) of Section 1-102 of the Illinois Human Rights
19Act.
20    (f) (Blank).
21(Source: P.A. 99-628, eff. 1-1-17; 99-698, eff. 7-29-16;
22100-201, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff.
231-8-18.)