94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4337

 

Introduced 12/29/2005, by Rep. John E. Bradley

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 4026/15
730 ILCS 5/3-3-2   from Ch. 38, par. 1003-3-2
730 ILCS 5/3-3-7   from Ch. 38, par. 1003-3-7
730 ILCS 5/5-8-1   from Ch. 38, par. 1005-8-1
730 ILCS 5/Ch. V Art. 8B heading new
730 ILCS 5/5-8B-5 new
730 ILCS 5/5-8B-10 new
730 ILCS 5/5-8B-15 new
730 ILCS 5/5-8B-20 new
730 ILCS 5/5-8B-25 new
730 ILCS 5/5-8B-30 new

    Amends the Sex Offender Management Board Act and the Unified Code of Corrections. Provides that a person convicted of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, or felony criminal sexual abuse shall be placed on conditional release after the completion of his or her imprisonment in a Department of Corrections facility. Provides that a person sentenced for these offenses shall serve an indeterminate sentence. Provides for the length of conditional release. Provides that the conditions of conditional release may include successful completion of treatment and aftercare in a program approved by the Director of Corrections, the Prisoner Review Board, and the Sex Offender Management Board and satisfaction of the release conditions specified by the Prisoner Review Board and Sex Offender Management Board. Provides that before the offender is released, the Director of Corrections shall notify the sentencing court, the State's Attorney in the jurisdiction where the offender was sentenced, and the victim of the offender's crime, whenever possible, of the terms of the offender's conditional release. Provides that if the offender fails to meet any condition of release, the Director of Corrections, upon the approval of the Prisoner Review Board, may revoke the offender's conditional release and order that the offender serve the remaining portion of the conditional release term in a Department of Corrections facility. Provides that the Prisoner Review Board, in consultation with the Director of Corrections and the Sex Offender Management Board, shall establish criteria and procedures to use in making release and revocation decisions on offenders sentenced under the indeterminate sentencing provisions. Provides that by December 31, 2007, the Prisoner Review Board shall provide the General Assembly with a written report containing the criteria and procedures the Board proposes to use in deciding whether to release a sex offender subject to an indeterminate sentence.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Sex Offender Management Board Act is amended
5 by changing Section 15 as follows:
 
6     (20 ILCS 4026/15)
7     Sec. 15. Sex Offender Management Board; creation; duties.
8     (a) There is created the Sex Offender Management Board,
9 which shall consist of 24 members. The membership of the Board
10 shall consist of the following persons:
11         (1) Two members appointed by the Governor representing
12     the judiciary, one representing juvenile court matters and
13     one representing adult criminal court matters;
14         (2) One member appointed by the Governor representing
15     Probation Services;
16         (3) One member appointed by the Governor representing
17     the Department of Corrections;
18         (4) One member appointed by the Governor representing
19     the Department of Human Services;
20         (5) One member appointed by the Governor representing
21     the Illinois State Police;
22         (6) One member appointed by the Governor representing
23     the Department of Children and Family Services;
24         (7) One member appointed by the Attorney General
25     representing the Office of the Attorney General;
26         (8) Two members appointed by the Attorney General who
27     are licensed mental health professionals with documented
28     expertise in the treatment of sex offenders;
29         (9) Two members appointed by the Attorney General who
30     are State's Attorneys or assistant State's Attorneys, one
31     representing juvenile court matters and one representing
32     felony court matters;

 

 

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1         (10) One member being the Cook County State's Attorney
2     or his or her designee;
3         (11) One member being the Director of the State's
4     Attorneys Appellate Prosecutor or his or her designee;
5         (12) One member being the Cook County Public Defender
6     or his or her designee;
7         (13) Two members appointed by the Governor who are
8     representatives of law enforcement, one juvenile officer
9     and one sex crime investigator;
10         (14) Two members appointed by the Attorney General who
11     are recognized experts in the field of sexual assault and
12     who can represent sexual assault victims and victims'
13     rights organizations;
14         (15) One member being the State Appellate Defender or
15     his or her designee;
16         (16) One member being the President of the Illinois
17     Polygraph Society or his or her designee;
18         (17) One member being the Executive Director of the
19     Criminal Justice Information Authority or his or her
20     designee;
21         (18) One member being the President of the Illinois
22     Chapter of the Association for the Treatment of Sexual
23     Abusers or his or her designee; and
24         (19) One member representing the Illinois Principal
25     Association.
26     (b) The Governor and the Attorney General shall appoint a
27 presiding officer for the Board from among the board members
28 appointed under subsection (a) of this Section, which presiding
29 officer shall serve at the pleasure of the Governor and the
30 Attorney General.
31     (c) Each member of the Board shall demonstrate substantial
32 expertise and experience in the field of sexual assault.
33     (d) (1) Any member of the Board created in subsection (a)
34 of this Section who is appointed under paragraphs (1) through
35 (7) of subsection (a) of this Section shall serve at the
36 pleasure of the official who appointed that member, for a term

 

 

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1 of 5 years and may be reappointed. The members shall serve
2 without additional compensation.
3     (2) Any member of the Board created in subsection (a) of
4 this Section who is appointed under paragraphs (8) through (14)
5 of subsection (a) of this Section shall serve for a term of 5
6 years and may be reappointed. The members shall serve without
7 compensation.
8     (3) The travel costs associated with membership on the
9 Board created in subsection (a) of this Section will be
10 reimbursed subject to availability of funds.
11     (e) The first meeting of this Board shall be held within 45
12 days of the effective date of this Act.
13     (f) The Board shall carry out the following duties:
14         (1) Not later than December 31, 2001, the Board shall
15     develop and prescribe separate standardized procedures for
16     the evaluation and identification of the offender and
17     recommend behavior management, monitoring, and treatment
18     based upon the knowledge that sex offenders are extremely
19     habituated and that there is no known cure for the
20     propensity to commit sex abuse. The Board shall develop and
21     implement measures of success based upon a no-cure policy
22     for intervention. The Board shall develop and implement
23     methods of intervention for sex offenders which have as a
24     priority the physical and psychological safety of victims
25     and potential victims and which are appropriate to the
26     needs of the particular offender, so long as there is no
27     reduction of the safety of victims and potential victims.
28         (2) Not later than December 31, 2001, the Board shall
29     develop separate guidelines and standards for a system of
30     programs for the evaluation and treatment of both juvenile
31     and adult sex offenders which shall be utilized by
32     offenders who are placed on probation, committed to the
33     Department of Corrections or Department of Human Services,
34     or placed on mandatory supervised release or parole. The
35     programs developed under this paragraph (f) shall be as
36     flexible as possible so that the programs may be utilized

 

 

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1     by each offender to prevent the offender from harming
2     victims and potential victims. The programs shall be
3     structured in such a manner that the programs provide a
4     continuing monitoring process as well as a continuum of
5     counseling programs for each offender as that offender
6     proceeds through the justice system. Also, the programs
7     shall be developed in such a manner that, to the extent
8     possible, the programs may be accessed by all offenders in
9     the justice system.
10         (3) There is established the Sex Offender Management
11     Board Fund in the State Treasury into which funds received
12     under any provision of law or from public or private
13     sources shall be deposited, and from which funds shall be
14     appropriated for the purposes set forth in Section 19 of
15     this Act, Section 5-6-3 of the Unified Code of Corrections,
16     and Section 3 of the Sex Offender Registration Act, and the
17     remainder shall be appropriated to the Sex Offender
18     Management Board for planning and research.
19         (4) The Board shall develop and prescribe a plan to
20     research and analyze the effectiveness of the evaluation,
21     identification, and counseling procedures and programs
22     developed under this Act. The Board shall also develop and
23     prescribe a system for implementation of the guidelines and
24     standards developed under paragraph (2) of this subsection
25     (f) and for tracking offenders who have been subjected to
26     evaluation, identification, and treatment under this Act.
27     In addition, the Board shall develop a system for
28     monitoring offender behaviors and offender adherence to
29     prescribed behavioral changes. The results of the tracking
30     and behavioral monitoring shall be a part of any analysis
31     made under this paragraph (4).
32         (5) The Board shall perform the duties prescribed in
33     Article 8B of Chapter V of the Unified Code of Corrections.
34     (g) The Board may promulgate rules as are necessary to
35 carry out the duties of the Board.
36     (h) The Board and the individual members of the Board shall

 

 

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1 be immune from any liability, whether civil or criminal, for
2 the good faith performance of the duties of the Board as
3 specified in this Section.
4 (Source: P.A. 93-616, eff. 1-1-04.)
 
5     Section 10. The Unified Code of Corrections is amended by
6 changing Sections 3-3-2, 3-3-7, and 5-8-1 and by adding Article
7 8B to Chapter V as follows:
 
8     (730 ILCS 5/3-3-2)  (from Ch. 38, par. 1003-3-2)
9     Sec. 3-3-2. Powers and Duties.
10     (a) The Parole and Pardon Board is abolished and the term
11 "Parole and Pardon Board" as used in any law of Illinois, shall
12 read "Prisoner Review Board." After the effective date of this
13 amendatory Act of 1977, the Prisoner Review Board shall provide
14 by rule for the orderly transition of all files, records, and
15 documents of the Parole and Pardon Board and for such other
16 steps as may be necessary to effect an orderly transition and
17 shall:
18         (1) hear by at least one member and through a panel of
19     at least 3 members decide, cases of prisoners who were
20     sentenced under the law in effect prior to the effective
21     date of this amendatory Act of 1977, and who are eligible
22     for parole;
23         (2) hear by at least one member and through a panel of
24     at least 3 members decide, the conditions of parole and the
25     time of discharge from parole, impose sanctions for
26     violations of parole, and revoke parole for those sentenced
27     under the law in effect prior to this amendatory Act of
28     1977; provided that the decision to parole and the
29     conditions of parole for all prisoners who were sentenced
30     for first degree murder or who received a minimum sentence
31     of 20 years or more under the law in effect prior to
32     February 1, 1978 shall be determined by a majority vote of
33     the Prisoner Review Board;
34         (3) hear by at least one member and through a panel of

 

 

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1     at least 3 members decide, the conditions of mandatory
2     supervised release and the time of discharge from mandatory
3     supervised release, impose sanctions for violations of
4     mandatory supervised release, and revoke mandatory
5     supervised release for those sentenced under the law in
6     effect after the effective date of this amendatory Act of
7     1977;
8         (3.5) hear by at least one member and through a panel
9     of at least 3 members decide, the conditions of mandatory
10     supervised release and the time of discharge from mandatory
11     supervised release, to impose sanctions for violations of
12     mandatory supervised release and revoke mandatory
13     supervised release for those serving extended supervised
14     release terms pursuant to paragraph (4) of subsection (d)
15     of Section 5-8-1;
16         (4) hear by at least 1 member and through a panel of at
17     least 3 members, decide cases brought by the Department of
18     Corrections against a prisoner in the custody of the
19     Department for alleged violation of Department rules with
20     respect to good conduct credits pursuant to Section 3-6-3
21     of this Code in which the Department seeks to revoke good
22     conduct credits, if the amount of time at issue exceeds 30
23     days or when, during any 12 month period, the cumulative
24     amount of credit revoked exceeds 30 days except where the
25     infraction is committed or discovered within 60 days of
26     scheduled release. In such cases, the Department of
27     Corrections may revoke up to 30 days of good conduct
28     credit. The Board may subsequently approve the revocation
29     of additional good conduct credit, if the Department seeks
30     to revoke good conduct credit in excess of thirty days.
31     However, the Board shall not be empowered to review the
32     Department's decision with respect to the loss of 30 days
33     of good conduct credit for any prisoner or to increase any
34     penalty beyond the length requested by the Department;
35         (5) hear by at least one member and through a panel of
36     at least 3 members decide, the release dates for certain

 

 

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1     prisoners sentenced under the law in existence prior to the
2     effective date of this amendatory Act of 1977, in
3     accordance with Section 3-3-2.1 of this Code;
4         (6) hear by at least one member and through a panel of
5     at least 3 members decide, all requests for pardon,
6     reprieve or commutation, and make confidential
7     recommendations to the Governor;
8         (7) comply with the requirements of the Open Parole
9     Hearings Act;
10         (8) hear by at least one member and, through a panel of
11     at least 3 members, decide cases brought by the Department
12     of Corrections against a prisoner in the custody of the
13     Department for court dismissal of a frivolous lawsuit
14     pursuant to Section 3-6-3(d) of this Code in which the
15     Department seeks to revoke up to 180 days of good conduct
16     credit, and if the prisoner has not accumulated 180 days of
17     good conduct credit at the time of the dismissal, then all
18     good conduct credit accumulated by the prisoner shall be
19     revoked; and
20         (9) hear by at least 3 members, and, through a panel of
21     at least 3 members, decide whether to grant certificates of
22     relief from disabilities or certificates of good conduct as
23     provided in Article 5.5 of Chapter V; and .
24         (10) hear by at least one member, and through a panel
25     of at least 3 members, decide the conditions of conditional
26     release of a person convicted of a violation or attempted
27     violation of Section 12-13, 12-14, 12-14.1, or 12-16 of the
28     Criminal Code of 1961 or a felony violation of Section
29     12-15 of the Criminal Code of 1961 and the time of
30     discharge from conditional release, impose sanctions for
31     violations of conditional release, and revoke conditional
32     release.
33     (a-5) The Prisoner Review Board, with the cooperation of
34 and in coordination with the Department of Corrections and the
35 Department of Central Management Services, shall implement a
36 pilot project in 3 correctional institutions providing for the

 

 

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1 conduct of hearings under paragraphs (1) and (4) of subsection
2 (a) of this Section through interactive video conferences. The
3 project shall be implemented within 6 months after the
4 effective date of this amendatory Act of 1996. Within 6 months
5 after the implementation of the pilot project, the Prisoner
6 Review Board, with the cooperation of and in coordination with
7 the Department of Corrections and the Department of Central
8 Management Services, shall report to the Governor and the
9 General Assembly regarding the use, costs, effectiveness, and
10 future viability of interactive video conferences for Prisoner
11 Review Board hearings.
12     (b) Upon recommendation of the Department the Board may
13 restore good conduct credit previously revoked.
14     (c) The Board shall cooperate with the Department in
15 promoting an effective system of parole and mandatory
16 supervised release.
17     (d) The Board shall promulgate rules for the conduct of its
18 work, and the Chairman shall file a copy of such rules and any
19 amendments thereto with the Director and with the Secretary of
20 State.
21     (e) The Board shall keep records of all of its official
22 actions and shall make them accessible in accordance with law
23 and the rules of the Board.
24     (f) The Board or one who has allegedly violated the
25 conditions of his parole or mandatory supervised release may
26 require by subpoena the attendance and testimony of witnesses
27 and the production of documentary evidence relating to any
28 matter under investigation or hearing. The Chairman of the
29 Board may sign subpoenas which shall be served by any agent or
30 public official authorized by the Chairman of the Board, or by
31 any person lawfully authorized to serve a subpoena under the
32 laws of the State of Illinois. The attendance of witnesses, and
33 the production of documentary evidence, may be required from
34 any place in the State to a hearing location in the State
35 before the Chairman of the Board or his designated agent or
36 agents or any duly constituted Committee or Subcommittee of the

 

 

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1 Board. Witnesses so summoned shall be paid the same fees and
2 mileage that are paid witnesses in the circuit courts of the
3 State, and witnesses whose depositions are taken and the
4 persons taking those depositions are each entitled to the same
5 fees as are paid for like services in actions in the circuit
6 courts of the State. Fees and mileage shall be vouchered for
7 payment when the witness is discharged from further attendance.
8     In case of disobedience to a subpoena, the Board may
9 petition any circuit court of the State for an order requiring
10 the attendance and testimony of witnesses or the production of
11 documentary evidence or both. A copy of such petition shall be
12 served by personal service or by registered or certified mail
13 upon the person who has failed to obey the subpoena, and such
14 person shall be advised in writing that a hearing upon the
15 petition will be requested in a court room to be designated in
16 such notice before the judge hearing motions or extraordinary
17 remedies at a specified time, on a specified date, not less
18 than 10 nor more than 15 days after the deposit of the copy of
19 the written notice and petition in the U.S. mails addressed to
20 the person at his last known address or after the personal
21 service of the copy of the notice and petition upon such
22 person. The court upon the filing of such a petition, may order
23 the person refusing to obey the subpoena to appear at an
24 investigation or hearing, or to there produce documentary
25 evidence, if so ordered, or to give evidence relative to the
26 subject matter of that investigation or hearing. Any failure to
27 obey such order of the circuit court may be punished by that
28 court as a contempt of court.
29     Each member of the Board and any hearing officer designated
30 by the Board shall have the power to administer oaths and to
31 take the testimony of persons under oath.
32     (g) Except under subsection (a) of this Section, a majority
33 of the members then appointed to the Prisoner Review Board
34 shall constitute a quorum for the transaction of all business
35 of the Board.
36     (h) The Prisoner Review Board shall annually transmit to

 

 

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1 the Director a detailed report of its work for the preceding
2 calendar year. The annual report shall also be transmitted to
3 the Governor for submission to the Legislature.
4 (Source: P.A. 93-207, eff. 1-1-04; 94-165, eff. 7-11-05.)
 
5     (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
6     Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
7 Release.
8     (a) The conditions of parole or mandatory supervised
9 release shall be such as the Prisoner Review Board deems
10 necessary to assist the subject in leading a law-abiding life.
11 The conditions of every parole and mandatory supervised release
12 are that the subject:
13         (1) not violate any criminal statute of any
14     jurisdiction during the parole or release term;
15         (2) refrain from possessing a firearm or other
16     dangerous weapon;
17         (3) report to an agent of the Department of
18     Corrections;
19         (4) permit the agent to visit him or her at his or her
20     home, employment, or elsewhere to the extent necessary for
21     the agent to discharge his or her duties;
22         (5) attend or reside in a facility established for the
23     instruction or residence of persons on parole or mandatory
24     supervised release;
25         (6) secure permission before visiting or writing a
26     committed person in an Illinois Department of Corrections
27     facility;
28         (7) report all arrests to an agent of the Department of
29     Corrections as soon as permitted by the arresting authority
30     but in no event later than 24 hours after release from
31     custody;
32         (7.5) if convicted of a sex offense as defined in the
33     Sex Offender Management Board Act, the individual shall
34     undergo and successfully complete sex offender treatment
35     conducted in conformance with the standards developed by

 

 

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1     the Sex Offender Management Board Act by a treatment
2     provider approved by the Board;
3         (7.6) if convicted of a sex offense as defined in the
4     Sex Offender Management Board Act, refrain from residing at
5     the same address or in the same condominium unit or
6     apartment unit or in the same condominium complex or
7     apartment complex with another person he or she knows or
8     reasonably should know is a convicted sex offender or has
9     been placed on supervision for a sex offense; the
10     provisions of this paragraph do not apply to a person
11     convicted of a sex offense who is placed in a Department of
12     Corrections licensed transitional housing facility for sex
13     offenders, or is in any facility operated or licensed by
14     the Department of Children and Family Services or by the
15     Department of Human Services, or is in any licensed medical
16     facility;
17         (7.7) if convicted of a violation or attempted
18     violation of Section 12-13, 12-14, 12-14.1, or 12-16 of the
19     Criminal Code of 1961 or a felony violation of Section
20     12-15 of the Criminal Code of 1961, such conditions of
21     conditional release as imposed by the Board and in
22     accordance with Article 8B of Chapter V;
23         (8) obtain permission of an agent of the Department of
24     Corrections before leaving the State of Illinois;
25         (9) obtain permission of an agent of the Department of
26     Corrections before changing his or her residence or
27     employment;
28         (10) consent to a search of his or her person,
29     property, or residence under his or her control;
30         (11) refrain from the use or possession of narcotics or
31     other controlled substances in any form, or both, or any
32     paraphernalia related to those substances and submit to a
33     urinalysis test as instructed by a parole agent of the
34     Department of Corrections;
35         (12) not frequent places where controlled substances
36     are illegally sold, used, distributed, or administered;

 

 

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1         (13) not knowingly associate with other persons on
2     parole or mandatory supervised release without prior
3     written permission of his or her parole agent and not
4     associate with persons who are members of an organized gang
5     as that term is defined in the Illinois Streetgang
6     Terrorism Omnibus Prevention Act;
7         (14) provide true and accurate information, as it
8     relates to his or her adjustment in the community while on
9     parole or mandatory supervised release or to his or her
10     conduct while incarcerated, in response to inquiries by his
11     or her parole agent or of the Department of Corrections;
12         (15) follow any specific instructions provided by the
13     parole agent that are consistent with furthering
14     conditions set and approved by the Prisoner Review Board or
15     by law, exclusive of placement on electronic detention, to
16     achieve the goals and objectives of his or her parole or
17     mandatory supervised release or to protect the public.
18     These instructions by the parole agent may be modified at
19     any time, as the agent deems appropriate; and
20         (16) if convicted of a sex offense as defined in
21     subsection (a-5) of Section 3-1-2 of this Code, unless the
22     offender is a parent or guardian of the person under 18
23     years of age present in the home and no non-familial minors
24     are present, not participate in a holiday event involving
25     children under 18 years of age, such as distributing candy
26     or other items to children on Halloween, wearing a Santa
27     Claus costume on or preceding Christmas, being employed as
28     a department store Santa Claus, or wearing an Easter Bunny
29     costume on or preceding Easter.
30     (b) The Board may in addition to other conditions require
31 that the subject:
32         (1) work or pursue a course of study or vocational
33     training;
34         (2) undergo medical or psychiatric treatment, or
35     treatment for drug addiction or alcoholism;
36         (3) attend or reside in a facility established for the

 

 

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1     instruction or residence of persons on probation or parole;
2         (4) support his dependents;
3         (5) (blank);
4         (6) (blank);
5         (7) comply with the terms and conditions of an order of
6     protection issued pursuant to the Illinois Domestic
7     Violence Act of 1986, enacted by the 84th General Assembly,
8     or an order of protection issued by the court of another
9     state, tribe, or United States territory; and
10         (8) in addition, if a minor:
11             (i) reside with his parents or in a foster home;
12             (ii) attend school;
13             (iii) attend a non-residential program for youth;
14         or
15             (iv) contribute to his own support at home or in a
16         foster home.
17     (b-1) In addition to the conditions set forth in
18 subsections (a) and (b), persons required to register as sex
19 offenders pursuant to the Sex Offender Registration Act, upon
20 release from the custody of the Illinois Department of
21 Corrections, may be required by the Board to comply with the
22 following specific conditions of release:
23         (1) reside only at a Department approved location;
24         (2) comply with all requirements of the Sex Offender
25     Registration Act;
26         (3) notify third parties of the risks that may be
27     occasioned by his or her criminal record;
28         (4) obtain the approval of an agent of the Department
29     of Corrections prior to accepting employment or pursuing a
30     course of study or vocational training and notify the
31     Department prior to any change in employment, study, or
32     training;
33         (5) not be employed or participate in any volunteer
34     activity that involves contact with children, except under
35     circumstances approved in advance and in writing by an
36     agent of the Department of Corrections;

 

 

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1         (6) be electronically monitored for a minimum of 12
2     months from the date of release as determined by the Board;
3         (7) refrain from entering into a designated geographic
4     area except upon terms approved in advance by an agent of
5     the Department of Corrections. The terms may include
6     consideration of the purpose of the entry, the time of day,
7     and others accompanying the person;
8         (8) refrain from having any contact, including written
9     or oral communications, directly or indirectly, personally
10     or by telephone, letter, or through a third party with
11     certain specified persons including, but not limited to,
12     the victim or the victim's family without the prior written
13     approval of an agent of the Department of Corrections;
14         (9) refrain from all contact, directly or indirectly,
15     personally, by telephone, letter, or through a third party,
16     with minor children without prior identification and
17     approval of an agent of the Department of Corrections;
18         (10) neither possess or have under his or her control
19     any material that is sexually oriented, sexually
20     stimulating, or that shows male or female sex organs or any
21     pictures depicting children under 18 years of age nude or
22     any written or audio material describing sexual
23     intercourse or that depicts or alludes to sexual activity,
24     including but not limited to visual, auditory, telephonic,
25     or electronic media, or any matter obtained through access
26     to any computer or material linked to computer access use;
27         (11) not patronize any business providing sexually
28     stimulating or sexually oriented entertainment nor utilize
29     "900" or adult telephone numbers;
30         (12) not reside near, visit, or be in or about parks,
31     schools, day care centers, swimming pools, beaches,
32     theaters, or any other places where minor children
33     congregate without advance approval of an agent of the
34     Department of Corrections and immediately report any
35     incidental contact with minor children to the Department;
36         (13) not possess or have under his or her control

 

 

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1     certain specified items of contraband related to the
2     incidence of sexually offending as determined by an agent
3     of the Department of Corrections;
4         (14) may be required to provide a written daily log of
5     activities if directed by an agent of the Department of
6     Corrections;
7         (15) comply with all other special conditions that the
8     Department may impose that restrict the person from
9     high-risk situations and limit access to potential
10     victims.
11     (c) The conditions under which the parole or mandatory
12 supervised release is to be served shall be communicated to the
13 person in writing prior to his release, and he shall sign the
14 same before release. A signed copy of these conditions,
15 including a copy of an order of protection where one had been
16 issued by the criminal court, shall be retained by the person
17 and another copy forwarded to the officer in charge of his
18 supervision.
19     (d) After a hearing under Section 3-3-9, the Prisoner
20 Review Board may modify or enlarge the conditions of parole or
21 mandatory supervised release.
22     (e) The Department shall inform all offenders committed to
23 the Department of the optional services available to them upon
24 release and shall assist inmates in availing themselves of such
25 optional services upon their release on a voluntary basis.
26 (Source: P.A. 93-616, eff. 1-1-04; 93-865, eff. 1-1-05; 94-159,
27 eff. 7-11-05; 94-161, eff. 7-11-05; revised 8-19-05.)
 
28     (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
29     Sec. 5-8-1. Sentence of Imprisonment for Felony.
30     (a) Except as otherwise provided in the statute defining
31 the offense or in Article 8B of this Chapter V, a sentence of
32 imprisonment for a felony shall be a determinate sentence set
33 by the court under this Section, according to the following
34 limitations:
35         (1) for first degree murder,

 

 

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1             (a) a term shall be not less than 20 years and not
2         more than 60 years, or
3             (b) if a trier of fact finds beyond a reasonable
4         doubt that the murder was accompanied by exceptionally
5         brutal or heinous behavior indicative of wanton
6         cruelty or, except as set forth in subsection (a)(1)(c)
7         of this Section, that any of the aggravating factors
8         listed in subsection (b) of Section 9-1 of the Criminal
9         Code of 1961 are present, the court may sentence the
10         defendant to a term of natural life imprisonment, or
11             (c) the court shall sentence the defendant to a
12         term of natural life imprisonment when the death
13         penalty is not imposed if the defendant,
14                 (i) has previously been convicted of first
15             degree murder under any state or federal law, or
16                 (ii) is a person who, at the time of the
17             commission of the murder, had attained the age of
18             17 or more and is found guilty of murdering an
19             individual under 12 years of age; or, irrespective
20             of the defendant's age at the time of the
21             commission of the offense, is found guilty of
22             murdering more than one victim, or
23                 (iii) is found guilty of murdering a peace
24             officer, or fireman, or emergency management
25             worker when the peace officer, fireman, or
26             emergency management worker was killed in the
27             course of performing his official duties, or to
28             prevent the peace officer or fireman from
29             performing his official duties, or in retaliation
30             for the peace officer, fireman, or emergency
31             management worker from performing his official
32             duties, and the defendant knew or should have known
33             that the murdered individual was a peace officer,
34             fireman, or emergency management worker, or
35                 (iv) is found guilty of murdering an employee
36             of an institution or facility of the Department of

 

 

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1             Corrections, or any similar local correctional
2             agency, when the employee was killed in the course
3             of performing his official duties, or to prevent
4             the employee from performing his official duties,
5             or in retaliation for the employee performing his
6             official duties, or
7                 (v) is found guilty of murdering an emergency
8             medical technician - ambulance, emergency medical
9             technician - intermediate, emergency medical
10             technician - paramedic, ambulance driver or other
11             medical assistance or first aid person while
12             employed by a municipality or other governmental
13             unit when the person was killed in the course of
14             performing official duties or to prevent the
15             person from performing official duties or in
16             retaliation for performing official duties and the
17             defendant knew or should have known that the
18             murdered individual was an emergency medical
19             technician - ambulance, emergency medical
20             technician - intermediate, emergency medical
21             technician - paramedic, ambulance driver, or other
22             medical assistant or first aid personnel, or
23                 (vi) is a person who, at the time of the
24             commission of the murder, had not attained the age
25             of 17, and is found guilty of murdering a person
26             under 12 years of age and the murder is committed
27             during the course of aggravated criminal sexual
28             assault, criminal sexual assault, or aggravated
29             kidnaping, or
30                 (vii) is found guilty of first degree murder
31             and the murder was committed by reason of any
32             person's activity as a community policing
33             volunteer or to prevent any person from engaging in
34             activity as a community policing volunteer. For
35             the purpose of this Section, "community policing
36             volunteer" has the meaning ascribed to it in

 

 

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1             Section 2-3.5 of the Criminal Code of 1961.
2             For purposes of clause (v), "emergency medical
3         technician - ambulance", "emergency medical technician -
4          intermediate", "emergency medical technician -
5         paramedic", have the meanings ascribed to them in the
6         Emergency Medical Services (EMS) Systems Act.
7             (d) (i) if the person committed the offense while
8             armed with a firearm, 15 years shall be added to
9             the term of imprisonment imposed by the court;
10                 (ii) if, during the commission of the offense,
11             the person personally discharged a firearm, 20
12             years shall be added to the term of imprisonment
13             imposed by the court;
14                 (iii) if, during the commission of the
15             offense, the person personally discharged a
16             firearm that proximately caused great bodily harm,
17             permanent disability, permanent disfigurement, or
18             death to another person, 25 years or up to a term
19             of natural life shall be added to the term of
20             imprisonment imposed by the court.
21         (1.5) for second degree murder, a term shall be not
22     less than 4 years and not more than 20 years;
23         (2) for a person adjudged a habitual criminal under
24     Article 33B of the Criminal Code of 1961, as amended, the
25     sentence shall be a term of natural life imprisonment;
26         (2.5) for a person convicted under the circumstances
27     described in paragraph (3) of subsection (b) of Section
28     12-13, paragraph (2) of subsection (d) of Section 12-14,
29     paragraph (1.2) of subsection (b) of Section 12-14.1, or
30     paragraph (2) of subsection (b) of Section 12-14.1 of the
31     Criminal Code of 1961, the sentence shall be a term of
32     natural life imprisonment;
33         (3) except as otherwise provided in the statute
34     defining the offense, for a Class X felony, the sentence
35     shall be not less than 6 years and not more than 30 years;
36         (4) for a Class 1 felony, other than second degree

 

 

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1     murder, the sentence shall be not less than 4 years and not
2     more than 15 years;
3         (5) for a Class 2 felony, the sentence shall be not
4     less than 3 years and not more than 7 years;
5         (6) for a Class 3 felony, the sentence shall be not
6     less than 2 years and not more than 5 years;
7         (7) for a Class 4 felony, the sentence shall be not
8     less than 1 year and not more than 3 years.
9     (b) The sentencing judge in each felony conviction shall
10 set forth his reasons for imposing the particular sentence he
11 enters in the case, as provided in Section 5-4-1 of this Code.
12 Those reasons may include any mitigating or aggravating factors
13 specified in this Code, or the lack of any such circumstances,
14 as well as any other such factors as the judge shall set forth
15 on the record that are consistent with the purposes and
16 principles of sentencing set out in this Code.
17     (c) A motion to reduce a sentence may be made, or the court
18 may reduce a sentence without motion, within 30 days after the
19 sentence is imposed. A defendant's challenge to the correctness
20 of a sentence or to any aspect of the sentencing hearing shall
21 be made by a written motion filed within 30 days following the
22 imposition of sentence. However, the court may not increase a
23 sentence once it is imposed.
24     If a motion filed pursuant to this subsection is timely
25 filed within 30 days after the sentence is imposed, the
26 proponent of the motion shall exercise due diligence in seeking
27 a determination on the motion and the court shall thereafter
28 decide such motion within a reasonable time.
29     If a motion filed pursuant to this subsection is timely
30 filed within 30 days after the sentence is imposed, then for
31 purposes of perfecting an appeal, a final judgment shall not be
32 considered to have been entered until the motion to reduce a
33 sentence has been decided by order entered by the trial court.
34     A motion filed pursuant to this subsection shall not be
35 considered to have been timely filed unless it is filed with
36 the circuit court clerk within 30 days after the sentence is

 

 

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1 imposed together with a notice of motion, which notice of
2 motion shall set the motion on the court's calendar on a date
3 certain within a reasonable time after the date of filing.
4     (d) Except where a term of natural life is imposed, every
5 sentence shall include as though written therein a term in
6 addition to the term of imprisonment. For those sentenced under
7 the law in effect prior to February 1, 1978, such term shall be
8 identified as a parole term. For those sentenced on or after
9 February 1, 1978, such term shall be identified as a mandatory
10 supervised release term. Subject to earlier termination under
11 Section 3-3-8, the parole or mandatory supervised release term
12 shall be as follows:
13         (1) for first degree murder or a Class X felony except
14     for the offenses of predatory criminal sexual assault of a
15     child, aggravated criminal sexual assault, and criminal
16     sexual assault if convicted on or after July 1, 2005, 3
17     years;
18         (2) for a Class 1 felony or a Class 2 felony except for
19     the offense of criminal sexual assault if convicted on or
20     after July 1, 2005, 2 years;
21         (3) for a Class 3 felony or a Class 4 felony, 1 year;
22         (4) for defendants convicted of predatory criminal
23     sexual assault of a child, aggravated criminal sexual
24     assault, or criminal sexual assault, on or after July 1,
25     2005 if the offense was committed before the effective date
26     of this amendatory Act of the 94th General Assembly, the
27     term of mandatory supervised release shall range from a
28     minimum of 3 years to a maximum of the natural life of the
29     defendant;
30         (5) if the victim is under 18 years of age, for a
31     second or subsequent offense of aggravated criminal sexual
32     abuse or felony criminal sexual abuse, 4 years, at least
33     the first 2 years of which the defendant shall serve in an
34     electronic home detention program under Article 8A of
35     Chapter V of this Code; .
36         (6) for a person convicted of a violation or attempted

 

 

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1     violation of Section 12-13, 12-14, 12-14.1, or 12-16 of the
2     Criminal Code of 1961 or a felony violation of Section
3     12-15 of the Criminal Code of 1961, the conditional release
4     period provided in Section 5-8B-15 of this Code.
5     (e) A defendant who has a previous and unexpired sentence
6 of imprisonment imposed by another state or by any district
7 court of the United States and who, after sentence for a crime
8 in Illinois, must return to serve the unexpired prior sentence
9 may have his sentence by the Illinois court ordered to be
10 concurrent with the prior sentence in the other state. The
11 court may order that any time served on the unexpired portion
12 of the sentence in the other state, prior to his return to
13 Illinois, shall be credited on his Illinois sentence. The other
14 state shall be furnished with a copy of the order imposing
15 sentence which shall provide that, when the offender is
16 released from confinement of the other state, whether by parole
17 or by termination of sentence, the offender shall be
18 transferred by the Sheriff of the committing county to the
19 Illinois Department of Corrections. The court shall cause the
20 Department of Corrections to be notified of such sentence at
21 the time of commitment and to be provided with copies of all
22 records regarding the sentence.
23     (f) A defendant who has a previous and unexpired sentence
24 of imprisonment imposed by an Illinois circuit court for a
25 crime in this State and who is subsequently sentenced to a term
26 of imprisonment by another state or by any district court of
27 the United States and who has served a term of imprisonment
28 imposed by the other state or district court of the United
29 States, and must return to serve the unexpired prior sentence
30 imposed by the Illinois Circuit Court may apply to the court
31 which imposed sentence to have his sentence reduced.
32     The circuit court may order that any time served on the
33 sentence imposed by the other state or district court of the
34 United States be credited on his Illinois sentence. Such
35 application for reduction of a sentence under this subsection
36 (f) shall be made within 30 days after the defendant has

 

 

HB4337 - 22 - LRB094 15754 RLC 50967 b

1 completed the sentence imposed by the other state or district
2 court of the United States.
3 (Source: P.A. 94-165, eff. 7-11-05; 94-243, eff. 1-1-06;
4 revised 8-19-05.)
 
5     (730 ILCS 5/Ch. V Art. 8B heading new)
6
ARTICLE 8B. INDETERMINATE SENTENCES FOR CERTAIN SEX OFFENSES

 
7     (730 ILCS 5/5-8B-5 new)
8     Sec. 5-8B-5. Legislative intent. The General Assembly
9 finds that sex offenders pose a significant threat to public
10 safety, are unique in their psychological makeup, and are
11 particularly likely to continue to be dangerous after their
12 release from imprisonment. The General Assembly also finds that
13 sex offenders inflict long-standing psychological harm on
14 their victims and significantly undermine victim and community
15 safety to a greater extent than most other criminal offenses.
16 Based on these findings, the General Assembly believes sex
17 offenders need long-term supervision and treatment beyond that
18 provided other offenders. The General Assembly further
19 believes this type of supervision and treatment is best
20 provided in a secure correctional facility and public safety
21 warrants the use of State resources for this purpose. The
22 General Assembly's purpose in enacting this legislation is to
23 provide courts and corrections and treatment professionals
24 with the tools necessary to protect public safety through use
25 of longer, more flexible sentences than currently provided by
26 law. The General Assembly intends that a sex offender's past
27 and future dangerousness be considered both in sentencing and
28 release decisions.
 
29     (730 ILCS 5/5-8B-10 new)
30     Sec. 5-8B-10. Definitions. In this Article:
31     "Conditional release" means the release of a committed
32 person subject to conditions described in Section 5-8A-15.
33     "First eligible for release" means the day after the

 

 

HB4337 - 23 - LRB094 15754 RLC 50967 b

1 committed person has served the entire minimum term of
2 imprisonment, less good conduct credits received.
3     "Minimum term of imprisonment" means the minimum sentence
4 that the court may impose for an offense.
5     "Maximum term of imprisonment" means the maximum sentence
6 that the court may impose for an offense.
7     "Sex offender" means a person convicted of a violation or
8 attempted violation of Section 12-13, 12-14, 12-14.1, or 12-16
9 of the Criminal Code of 1961 or a felony violation of Section
10 12-15 of the Criminal Code of 1961.
 
11     (730 ILCS 5/5-8B-15 new)
12     Sec. 5-8B-15. Indeterminate sentences; conditional
13 release; sex offenses.
14     (a) Notwithstanding the statutory maximum sentence
15 otherwise applicable to the offense when a court sentences a
16 person to the custody of the Department of Corrections for a
17 violation or attempted violation of Section 12-13, 12-14,
18 12-14.1, or 12-16 of the Criminal Code of 1961 or a felony
19 violation of Section 12-15 of the Criminal Code of 1961, the
20 court shall provide that, upon the person's release from a
21 Department of Corrections facility, the Director of
22 Corrections shall place the person on conditional release.
23     (b) If the person was convicted for a violation or
24 attempted violation of Section 12-13, 12-14, 12-14.1, or 12-16
25 of the Criminal Code of 1961 or a felony violation of Section
26 12-15 of the Criminal Code of 1961, and was not sentenced under
27 Section 5-8B-20, the person shall be placed on conditional
28 release for 5 years, minus the time the person served on
29 mandatory supervised release.
30     (c) If the person was convicted for a violation or
31 attempted violation of Section 12-13, 12-14, 12-14.1, or 12-16
32 of the Criminal Code of 1961 or a felony violation of Section
33 12-15 of the Criminal Code of 1961 after a previous conviction
34 for a violation or attempted violation of Section 12-13, 12-14,
35 12-14.1, or 12-16 of the Criminal Code of 1961 or a felony

 

 

HB4337 - 24 - LRB094 15754 RLC 50967 b

1 violation of Section 12-15 of the Criminal Code of 1961, the
2 person shall be placed on conditional release for 10 years,
3 minus the time the person served on mandatory supervised
4 release, unless the person was sentenced to a term of natural
5 life imprisonment under paragraph (3) of subsection (b) of
6 Section 12-13, paragraph (2) of subsection (d) of Section
7 12-14, or paragraph (1.2) or (2) of subsection (b) of Section
8 12-14.1 of the Criminal Code of 1961.
9     (d) If the person was convicted of a violation or attempted
10 violation of Section 12-13, 12-14, 12-14.1, or 12-16 of the
11 Criminal Code of 1961 or a felony violation of Section 12-15 of
12 the Criminal Code of 1961 and sentenced under Section 5-8B-20,
13 the person shall be subject to an indeterminate sentence and,
14 if released from a correctional facility of the Department of
15 Corrections, the person shall be placed on conditional release
16 for a minimum period of 30 years and a maximum period of the
17 person's natural life.
 
18     (730 ILCS 5/5-8B-20 new)
19     Sec. 5-8B-20. Indeterminate sentences for certain sex
20 offenses. Notwithstanding the determinate sentences for
21 felonies established in Section 5-8-1, a person convicted of a
22 violation or attempted violation of Section 12-13, 12-14,
23 12-14.1, or 12-16 of the Criminal Code of 1961 or a felony
24 violation of Section 12-15 of the Criminal Code of 1961
25 committed on or after the effective date of this amendatory Act
26 of the 94th General Assembly shall be sentenced to an
27 indeterminate sentence for which the minimum term of
28 imprisonment shall be the minimum term provided for the Class
29 of felony for which the defendant has been convicted and the
30 maximum term of imprisonment shall be the maximum term provided
31 for the Class of felony for which the defendant has been
32 convicted plus any enhanced penalties provided by the statute
33 defining the offense.
 
34     (730 ILCS 5/5-8B-25 new)

 

 

HB4337 - 25 - LRB094 15754 RLC 50967 b

1     Sec. 5-8B-25. Conditions of conditional release.
2     (a) The conditions of release for a person convicted of a
3 violation or attempted violation of Section 12-13, 12-14,
4 12-14.1, or 12-16 of the Criminal Code of 1961 or a felony
5 violation of Section 12-15 of the Criminal Code of 1961
6 committed on or after the effective date of this amendatory Act
7 of the 94th General Assembly may include successful completion
8 of treatment and aftercare in a program approved by the
9 Director of Corrections, the Prisoner Review Board, and the Sex
10 Offender Management Board and satisfaction of the release
11 conditions specified by the Prisoner Review Board and Sex
12 Offender Management Board.
13     (b) Before the offender is released, the Director of
14 Corrections shall notify the sentencing court, the State's
15 Attorney in the jurisdiction where the offender was sentenced,
16 and the victim of the offender's crime, whenever possible, of
17 the terms of the offender's conditional release. If the
18 offender fails to meet any condition of release, the Director
19 of Corrections, upon the approval of the Prisoner Review Board,
20 may revoke the offender's conditional release and order that
21 the offender serve the remaining portion of the conditional
22 release term in a Department of Corrections facility. For
23 offenders subject to a conditional release period of a term of
24 years, the Director of Corrections may not dismiss the offender
25 from supervision before the conditional release term expires.
26 For offenders subject to conditional release for life, the
27 Director of Corrections may not dismiss the offender from
28 supervision.
29     (c) Conditional release under this Section is governed by
30 provisions relating to mandatory supervised release under
31 Section 3-3-7, except as otherwise provided in this Section.
32     (d) The Director of Corrections with the approval of the
33 Prisoner Review Board and the Sex Offender Management Board
34 shall develop a plan to pay the cost of treatment of a person
35 released under this Section. The plan may include various means
36 of paying for this treatment, including co-payments from

 

 

HB4337 - 26 - LRB094 15754 RLC 50967 b

1 offenders, payment or reimbursement from third parties,
2 payments from local agencies, and funding from other sources,
3 as these sources are identified. This Section does not require
4 the Director to accept or retain an offender in a treatment
5 program.
 
6     (730 ILCS 5/5-8B-30 new)
7     Sec. 5-8B-30. Criteria for conditional release; report to
8 the General Assembly.
9     (a) The Prisoner Review Board in consultation with the
10 Director of Corrections and the Sex Offender Management Board
11 shall establish criteria and procedures to use in making
12 release and revocation decisions on offenders sentenced under
13 this Article. In establishing criteria and procedures, the
14 Prisoner Review Board shall seek the input of the chief
15 administrative officer of each Department of Corrections
16 facility and at each State treatment facility where sexually
17 violent persons are confined. The Board also shall seek input
18 from individuals knowledgeable in health and human services;
19 public safety; Illinois' sex offender treatment program;
20 treatment of sex offenders; crime victim issues; criminal law;
21 law enforcement; and probation, mandatory supervised release;
22 and conditional release.
23     (b) The Prisoner Review Board shall establish criteria and
24 procedures to govern the review and release of sex offenders
25 subject to indeterminate sentences by December 31, 2007. These
26 criteria and procedures will become effective on June 1, 2008,
27 unless the General Assembly takes action before that time to
28 modify or reject the criteria and procedures.
29     (c) By December 31, 2007, the Prisoner Review Board shall
30 provide the General Assembly with a written report containing
31 the criteria and procedures the Board proposes to use in
32 deciding whether to release a sex offender subject to an
33 indeterminate sentence. This report also shall include a
34 summary of the input gathered under paragraph (a).