97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1828

 

Introduced 2/9/2011, by Sen. Dan Kotowski

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/112A-22  from Ch. 38, par. 112A-22
725 ILCS 5/112A-22.10
730 ILCS 5/3-3-7  from Ch. 38, par. 1003-3-7
750 ILCS 60/222  from Ch. 40, par. 2312-22
750 ILCS 60/222.10

    Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that personnel assigned by the Department of Corrections to investigate the alleged misconduct of committed persons or alleged violations of a parolee's or releasee's conditions of parole or mandatory supervised release may serve respondents with short form notifications of the issuance of orders of protection. Amends the Unified Code of Corrections. Provides that as a condition of parole or mandatory supervised release, the parolee or releasee must 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. Provides that as a condition of parole or mandatory supervised release, the parolee or releasee must 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. Effective immediately.


LRB097 02692 RLC 42711 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1828LRB097 02692 RLC 42711 b

1    AN ACT concerning orders of protection.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Sections 112A-22 and 112A-22.10 as follows:
 
6    (725 ILCS 5/112A-22)  (from Ch. 38, par. 112A-22)
7    Sec. 112A-22. Notice of orders.
8    (a) Entry and issuance. Upon issuance of any order of
9protection, the clerk shall immediately, or on the next court
10day if an emergency order is issued in accordance with
11subsection (c) of Section 112A-17, (i) enter the order on the
12record and file it in accordance with the circuit court
13procedures and (ii) provide a file stamped copy of the order to
14respondent, if present, and to petitioner.
15    (b) Filing with sheriff. The clerk of the issuing judge
16shall, or the petitioner may, on the same day that an order of
17protection is issued, file a copy of that order with the
18sheriff or other law enforcement officials charged with
19maintaining Department of State Police records or charged with
20serving the order upon respondent. If the order was issued in
21accordance with subsection (c) of Section 112A-17, the clerk
22shall on the next court day, file a certified copy of the order
23with the Sheriff or other law enforcement officials charged

 

 

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1with maintaining Department of State Police records.
2    (c) Service by sheriff. Unless respondent was present in
3court when the order was issued, the sheriff, other law
4enforcement official or special process server shall promptly
5serve that order upon respondent and file proof of such
6service, in the manner provided for service of process in civil
7proceedings. Instead of serving the order upon the respondent,
8however, the sheriff, other law enforcement official, or
9special process server, or other persons defined in Section
10112A-22.10 may serve the respondent with a short form
11notification as provided in Section 112A-22.10. If process has
12not yet been served upon the respondent, it shall be served
13with the order or short form notification if such service is
14made by the sheriff, other law enforcement official, or special
15process server.
16    (c-5) If the person against whom the order of protection is
17issued is arrested and the written order is issued in
18accordance with subsection (c) of Section 112A-17 and received
19by the custodial law enforcement agency before the respondent
20or arrestee is released from custody, the custodial law
21enforcement agent shall promptly serve the order upon the
22respondent or arrestee before the respondent or arrestee is
23released from custody. In no event shall detention of the
24respondent or arrestee be extended for hearing on the petition
25for order of protection or receipt of the order issued under
26Section 112A-17 of this Code.

 

 

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1    (d) Extensions, modifications and revocations. Any order
2extending, modifying or revoking any order of protection shall
3be promptly recorded, issued and served as provided in this
4Section.
5    (e) Notice to health care facilities and health care
6practitioners. Upon the request of the petitioner, the clerk of
7the circuit court shall send a certified copy of the order of
8protection to any specified health care facility or health care
9practitioner requested by the petitioner at the mailing address
10provided by the petitioner.
11    (f) Disclosure by health care facilities and health care
12practitioners. After receiving a certified copy of an order of
13protection that prohibits a respondent's access to records, no
14health care facility or health care practitioner shall allow a
15respondent access to the records of any child who is a
16protected person under the order of protection, or release
17information in those records to the respondent, unless the
18order has expired or the respondent shows a certified copy of
19the court order vacating the corresponding order of protection
20that was sent to the health care facility or practitioner.
21Nothing in this Section shall be construed to require health
22care facilities or health care practitioners to alter
23procedures related to billing and payment. The health care
24facility or health care practitioner may file the copy of the
25order of protection in the records of a child who is a
26protected person under the order of protection, or may employ

 

 

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1any other method to identify the records to which a respondent
2is prohibited access. No health care facility or health care
3practitioner shall be civilly or professionally liable for
4reliance on a copy of an order of protection, except for
5willful and wanton misconduct.
6    (g) Notice to schools. Upon the request of the petitioner,
7within 24 hours of the issuance of an order of protection, the
8clerk of the issuing judge shall send a certified copy of the
9order of protection to the day-care facility, pre-school or
10pre-kindergarten, or private school or the principal office of
11the public school district or any college or university in
12which any child who is a protected person under the order of
13protection or any child of the petitioner is enrolled as
14requested by the petitioner at the mailing address provided by
15the petitioner. If the child transfers enrollment to another
16day-care facility, pre-school, pre-kindergarten, private
17school, public school, college, or university, the petitioner
18may, within 24 hours of the transfer, send to the clerk written
19notice of the transfer, including the name and address of the
20institution to which the child is transferring. Within 24 hours
21of receipt of notice from the petitioner that a child is
22transferring to another day-care facility, pre-school,
23pre-kindergarten, private school, public school, college, or
24university, the clerk shall send a certified copy of the order
25to the institution to which the child is transferring.
26    (h) Disclosure by schools. After receiving a certified copy

 

 

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1of an order of protection that prohibits a respondent's access
2to records, neither a day-care facility, pre-school,
3pre-kindergarten, public or private school, college, or
4university nor its employees shall allow a respondent access to
5a protected child's records or release information in those
6records to the respondent. The school shall file the copy of
7the order of protection in the records of a child who is a
8protected person under the order of protection. When a child
9who is a protected person under the order of protection
10transfers to another day-care facility, pre-school,
11pre-kindergarten, public or private school, college, or
12university, the institution from which the child is
13transferring may, at the request of the petitioner, provide,
14within 24 hours of the transfer, written notice of the order of
15protection, along with a certified copy of the order, to the
16institution to which the child is transferring.
17(Source: P.A. 96-651, eff. 1-1-10.)
 
18    (725 ILCS 5/112A-22.10)
19    Sec. 112A-22.10. Short form notification.
20    (a) Instead of personal service of an order of protection
21under Section 112A-22, a sheriff, other law enforcement
22official, or special process server, or personnel assigned by
23the Department of Corrections to investigate the alleged
24misconduct of committed persons or alleged violations of a
25parolee's or releasee's conditions of parole or mandatory

 

 

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1supervised release may serve a respondent with a short form
2notification. The short form notification must include the
3following items:
4        (1) The respondent's name.
5        (2) The respondent's date of birth, if known.
6        (3) The petitioner's name.
7        (4) The names of other protected parties.
8        (5) The date and county in which the order of
9    protection was filed.
10        (6) The court file number.
11        (7) The hearing date and time, if known.
12        (8) The conditions that apply to the respondent, either
13    in checklist form or handwritten.
14        (9) The name of the judge who signed the order.
15    (b) The short form notification must contain the following
16notice in bold print:
17    "The order of protection is now enforceable. You must
18    report to the office of the sheriff or the office of the
19    circuit court in (name of county) County to obtain a copy
20    of the order of protection. You are subject to arrest and
21    may be charged with a misdemeanor or felony if you violate
22    any of the terms of the order of protection."
23    (c) Upon verification of the identity of the respondent and
24the existence of an unserved order of protection against the
25respondent, a sheriff or other law enforcement official may
26detain the respondent for a reasonable time necessary to

 

 

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1complete and serve the short form notification.
2    (d) When service is made by short form notification under
3this Section, it may be proved by the affidavit of the person
4sheriff, other law enforcement official, or special process
5server making the service.
6    (e) The Attorney General shall provide adequate copies of
7the short form notification form to law enforcement agencies in
8this State.
9(Source: P.A. 92-162, eff. 1-1-02.)
 
10    Section 10. The Unified Code of Corrections is amended by
11changing Section 3-3-7 as follows:
 
12    (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
13    Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
14Release.
15    (a) The conditions of parole or mandatory supervised
16release shall be such as the Prisoner Review Board deems
17necessary to assist the subject in leading a law-abiding life.
18The conditions of every parole and mandatory supervised release
19are that the subject:
20        (1) not violate any criminal statute of any
21    jurisdiction during the parole or release term;
22        (2) refrain from possessing a firearm or other
23    dangerous weapon;
24        (3) report to an agent of the Department of

 

 

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1    Corrections;
2        (4) permit the agent to visit him or her at his or her
3    home, employment, or elsewhere to the extent necessary for
4    the agent to discharge his or her duties;
5        (5) attend or reside in a facility established for the
6    instruction or residence of persons on parole or mandatory
7    supervised release;
8        (6) secure permission before visiting or writing a
9    committed person in an Illinois Department of Corrections
10    facility;
11        (7) report all arrests to an agent of the Department of
12    Corrections as soon as permitted by the arresting authority
13    but in no event later than 24 hours after release from
14    custody and immediately report service or notification of
15    an order of protection, a civil no contact order, or a
16    stalking no contact order to an agent of the Department of
17    Corrections;
18        (7.5) if convicted of a sex offense as defined in the
19    Sex Offender Management Board Act, the individual shall
20    undergo and successfully complete sex offender treatment
21    conducted in conformance with the standards developed by
22    the Sex Offender Management Board Act by a treatment
23    provider approved by the Board;
24        (7.6) if convicted of a sex offense as defined in the
25    Sex Offender Management Board Act, refrain from residing at
26    the same address or in the same condominium unit or

 

 

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1    apartment unit or in the same condominium complex or
2    apartment complex with another person he or she knows or
3    reasonably should know is a convicted sex offender or has
4    been placed on supervision for a sex offense; the
5    provisions of this paragraph do not apply to a person
6    convicted of a sex offense who is placed in a Department of
7    Corrections licensed transitional housing facility for sex
8    offenders, or is in any facility operated or licensed by
9    the Department of Children and Family Services or by the
10    Department of Human Services, or is in any licensed medical
11    facility;
12        (7.7) if convicted for an offense that would qualify
13    the accused as a sexual predator under the Sex Offender
14    Registration Act on or after January 1, 2007 (the effective
15    date of Public Act 94-988) this amendatory Act of the 94th
16    General Assembly, wear an approved electronic monitoring
17    device as defined in Section 5-8A-2 for the duration of the
18    person's parole, mandatory supervised release term, or
19    extended mandatory supervised release term and if
20    convicted for an offense of criminal sexual assault,
21    aggravated criminal sexual assault, predatory criminal
22    sexual assault of a child, criminal sexual abuse,
23    aggravated criminal sexual abuse, or ritualized abuse of a
24    child committed on or after August 11, 2009 (the effective
25    date of Public Act 96-236) when the victim was under 18
26    years of age at the time of the commission of the offense

 

 

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1    and the defendant used force or the threat of force in the
2    commission of the offense wear an approved electronic
3    monitoring device as defined in Section 5-8A-2 that has
4    Global Positioning System (GPS) capability for the
5    duration of the person's parole, mandatory supervised
6    release term, or extended mandatory supervised release
7    term;
8        (7.8) if convicted for an offense committed on or after
9    June 1, 2008 (the effective date of Public Act 95-464) this
10    amendatory Act of the 95th General Assembly that would
11    qualify the accused as a child sex offender as defined in
12    Section 11-9.3 or 11-9.4 of the Criminal Code of 1961,
13    refrain from communicating with or contacting, by means of
14    the Internet, a person who is not related to the accused
15    and whom the accused reasonably believes to be under 18
16    years of age; for purposes of this paragraph (7.8),
17    "Internet" has the meaning ascribed to it in Section 16J-5
18    of the Criminal Code of 1961; and a person is not related
19    to the accused if the person is not: (i) the spouse,
20    brother, or sister of the accused; (ii) a descendant of the
21    accused; (iii) a first or second cousin of the accused; or
22    (iv) a step-child or adopted child of the accused;
23        (7.9) if convicted under Section 11-6, 11-20.1,
24    11-20.3, or 11-21 of the Criminal Code of 1961, consent to
25    search of computers, PDAs, cellular phones, and other
26    devices under his or her control that are capable of

 

 

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1    accessing the Internet or storing electronic files, in
2    order to confirm Internet protocol addresses reported in
3    accordance with the Sex Offender Registration Act and
4    compliance with conditions in this Act;
5        (7.10) if convicted for an offense that would qualify
6    the accused as a sex offender or sexual predator under the
7    Sex Offender Registration Act on or after June 1, 2008 (the
8    effective date of Public Act 95-640) this amendatory Act of
9    the 95th General Assembly, not possess prescription drugs
10    for erectile dysfunction;
11        (7.11) if convicted for an offense under Section 11-6,
12    11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal
13    Code of 1961, or any attempt to commit any of these
14    offenses, committed on or after June 1, 2009 (the effective
15    date of Public Act 95-983):
16            (i) not access or use a computer or any other
17        device with Internet capability without the prior
18        written approval of the Department;
19            (ii) submit to periodic unannounced examinations
20        of the offender's computer or any other device with
21        Internet capability by the offender's supervising
22        agent, a law enforcement officer, or assigned computer
23        or information technology specialist, including the
24        retrieval and copying of all data from the computer or
25        device and any internal or external peripherals and
26        removal of such information, equipment, or device to

 

 

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1        conduct a more thorough inspection;
2            (iii) submit to the installation on the offender's
3        computer or device with Internet capability, at the
4        offender's expense, of one or more hardware or software
5        systems to monitor the Internet use; and
6            (iv) submit to any other appropriate restrictions
7        concerning the offender's use of or access to a
8        computer or any other device with Internet capability
9        imposed by the Board, the Department or the offender's
10        supervising agent;
11        (7.12) if convicted of a sex offense as defined in the
12    Sex Offender Registration Act committed on or after January
13    1, 2010 (the effective date of Public Act 96-262), refrain
14    from accessing or using a social networking website as
15    defined in Section 16D-2 of the Criminal Code of 1961;
16        (7.13) if convicted of a sex offense as defined in
17    Section 2 of the Sex Offender Registration Act committed on
18    or after January 1, 2010 (the effective date of Public Act
19    96-362) that requires the person to register as a sex
20    offender under that Act, may not knowingly use any computer
21    scrub software on any computer that the sex offender uses;
22        (8) obtain permission of an agent of the Department of
23    Corrections before leaving the State of Illinois;
24        (9) obtain permission of an agent of the Department of
25    Corrections before changing his or her residence or
26    employment;

 

 

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1        (10) consent to a search of his or her person,
2    property, or residence under his or her control;
3        (11) refrain from the use or possession of narcotics or
4    other controlled substances in any form, or both, or any
5    paraphernalia related to those substances and submit to a
6    urinalysis test as instructed by a parole agent of the
7    Department of Corrections;
8        (12) not frequent places where controlled substances
9    are illegally sold, used, distributed, or administered;
10        (13) not knowingly associate with other persons on
11    parole or mandatory supervised release without prior
12    written permission of his or her parole agent and not
13    associate with persons who are members of an organized gang
14    as that term is defined in the Illinois Streetgang
15    Terrorism Omnibus Prevention Act;
16        (14) provide true and accurate information, as it
17    relates to his or her adjustment in the community while on
18    parole or mandatory supervised release or to his or her
19    conduct while incarcerated, in response to inquiries by his
20    or her parole agent or of the Department of Corrections;
21        (15) follow any specific instructions provided by the
22    parole agent that are consistent with furthering
23    conditions set and approved by the Prisoner Review Board or
24    by law, exclusive of placement on electronic detention, to
25    achieve the goals and objectives of his or her parole or
26    mandatory supervised release or to protect the public.

 

 

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1    These instructions by the parole agent may be modified at
2    any time, as the agent deems appropriate;
3        (16) if convicted of a sex offense as defined in
4    subsection (a-5) of Section 3-1-2 of this Code, unless the
5    offender is a parent or guardian of the person under 18
6    years of age present in the home and no non-familial minors
7    are present, not participate in a holiday event involving
8    children under 18 years of age, such as distributing candy
9    or other items to children on Halloween, wearing a Santa
10    Claus costume on or preceding Christmas, being employed as
11    a department store Santa Claus, or wearing an Easter Bunny
12    costume on or preceding Easter; and
13        (17) if convicted of a violation of an order of
14    protection under Section 12-30 of the Criminal Code of
15    1961, be placed under electronic surveillance as provided
16    in Section 5-8A-7 of this Code; and .
17        (18) comply with the terms and conditions of an order
18    of protection issued pursuant to the Illinois Domestic
19    Violence Act of 1986; an order of protection issued by the
20    court of another state, tribe, or United States territory;
21    a no contact order issued pursuant to the Civil No Contact
22    Order Act; or a no contact order issued pursuant to the
23    Stalking No Contact Order Act.
24    (b) The Board may in addition to other conditions require
25that the subject:
26        (1) work or pursue a course of study or vocational

 

 

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1    training;
2        (2) undergo medical or psychiatric treatment, or
3    treatment for drug addiction or alcoholism;
4        (3) attend or reside in a facility established for the
5    instruction or residence of persons on probation or parole;
6        (4) support his dependents;
7        (5) (blank);
8        (6) (blank);
9        (7) (blank) comply with the terms and conditions of an
10    order of protection issued pursuant to the Illinois
11    Domestic Violence Act of 1986, enacted by the 84th General
12    Assembly, or an order of protection issued by the court of
13    another state, tribe, or United States territory;
14        (7.5) if convicted for an offense committed on or after
15    the effective date of this amendatory Act of the 95th
16    General Assembly that would qualify the accused as a child
17    sex offender as defined in Section 11-9.3 or 11-9.4 of the
18    Criminal Code of 1961, refrain from communicating with or
19    contacting, by means of the Internet, a person who is
20    related to the accused and whom the accused reasonably
21    believes to be under 18 years of age; for purposes of this
22    paragraph (7.5), "Internet" has the meaning ascribed to it
23    in Section 16J-5 of the Criminal Code of 1961; and a person
24    is related to the accused if the person is: (i) the spouse,
25    brother, or sister of the accused; (ii) a descendant of the
26    accused; (iii) a first or second cousin of the accused; or

 

 

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

 

 

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

 

 

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

 

 

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1supervised release is to be served shall be communicated to the
2person in writing prior to his release, and he shall sign the
3same before release. A signed copy of these conditions,
4including a copy of an order of protection where one had been
5issued by the criminal court, shall be retained by the person
6and another copy forwarded to the officer in charge of his
7supervision.
8    (d) After a hearing under Section 3-3-9, the Prisoner
9Review Board may modify or enlarge the conditions of parole or
10mandatory supervised release.
11    (e) The Department shall inform all offenders committed to
12the Department of the optional services available to them upon
13release and shall assist inmates in availing themselves of such
14optional services upon their release on a voluntary basis.
15    (f) When the subject is in compliance with all conditions
16of his or her parole or mandatory supervised release, the
17subject shall receive a reduction of the period of his or her
18parole or mandatory supervised release of 90 days upon passage
19of the high school level Test of General Educational
20Development during the period of his or her parole or mandatory
21supervised release. This reduction in the period of a subject's
22term of parole or mandatory supervised release shall be
23available only to subjects who have not previously earned a
24high school diploma or who have not previously passed the high
25school level Test of General Educational Development.
26(Source: P.A. 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; 95-579,

 

 

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1eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876,
2eff. 8-21-08; 95-983, eff. 6-1-09; 96-236, eff. 8-11-09;
396-262, eff. 1-1-10; 96-328, eff. 8-11-09; 96-362, eff. 1-1-10;
496-1000, eff. 7-2-10.)
 
5    Section 15. The Illinois Domestic Violence Act of 1986 is
6amended by changing Sections 222 and 222.10 as follows:
 
7    (750 ILCS 60/222)  (from Ch. 40, par. 2312-22)
8    Sec. 222. Notice of orders.
9    (a) Entry and issuance. Upon issuance of any order of
10protection, the clerk shall immediately, or on the next court
11day if an emergency order is issued in accordance with
12subsection (c) of Section 217, (i) enter the order on the
13record and file it in accordance with the circuit court
14procedures and (ii) provide a file stamped copy of the order to
15respondent, if present, and to petitioner.
16    (b) Filing with sheriff. The clerk of the issuing judge
17shall, or the petitioner may, on the same day that an order of
18protection is issued, file a certified copy of that order with
19the sheriff or other law enforcement officials charged with
20maintaining Department of State Police records or charged with
21serving the order upon respondent. If the order was issued in
22accordance with subsection (c) of Section 217, the clerk shall
23on the next court day, file a certified copy of the order with
24the Sheriff or other law enforcement officials charged with

 

 

SB1828- 22 -LRB097 02692 RLC 42711 b

1maintaining Department of State Police records.
2    (c) Service by sheriff. Unless respondent was present in
3court when the order was issued, the sheriff, other law
4enforcement official or special process server shall promptly
5serve that order upon respondent and file proof of such
6service, in the manner provided for service of process in civil
7proceedings. Instead of serving the order upon the respondent,
8however, the sheriff, other law enforcement official, or
9special process server, or other persons defined in Section
10222.10 may serve the respondent with a short form notification
11as provided in Section 222.10. If process has not yet been
12served upon the respondent, it shall be served with the order
13or short form notification if such service is made by the
14sheriff, other law enforcement official, or special process
15server. A single fee may be charged for service of an order
16obtained in civil court, or for service of such an order
17together with process, unless waived or deferred under Section
18210.
19    (c-5) If the person against whom the order of protection is
20issued is arrested and the written order is issued in
21accordance with subsection (c) of Section 217 and received by
22the custodial law enforcement agency before the respondent or
23arrestee is released from custody, the custodial law
24enforcement agent shall promptly serve the order upon the
25respondent or arrestee before the respondent or arrestee is
26released from custody. In no event shall detention of the

 

 

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1respondent or arrestee be extended for hearing on the petition
2for order of protection or receipt of the order issued under
3Section 217 of this Act.
4    (d) Extensions, modifications and revocations. Any order
5extending, modifying or revoking any order of protection shall
6be promptly recorded, issued and served as provided in this
7Section.
8    (e) Notice to schools. Upon the request of the petitioner,
9within 24 hours of the issuance of an order of protection, the
10clerk of the issuing judge shall send a certified copy of the
11order of protection to the day-care facility, pre-school or
12pre-kindergarten, or private school or the principal office of
13the public school district or any college or university in
14which any child who is a protected person under the order of
15protection or any child of the petitioner is enrolled as
16requested by the petitioner at the mailing address provided by
17the petitioner. If the child transfers enrollment to another
18day-care facility, pre-school, pre-kindergarten, private
19school, public school, college, or university, the petitioner
20may, within 24 hours of the transfer, send to the clerk written
21notice of the transfer, including the name and address of the
22institution to which the child is transferring. Within 24 hours
23of receipt of notice from the petitioner that a child is
24transferring to another day-care facility, pre-school,
25pre-kindergarten, private school, public school, college, or
26university, the clerk shall send a certified copy of the order

 

 

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1to the institution to which the child is transferring.
2    (f) Disclosure by schools. After receiving a certified copy
3of an order of protection that prohibits a respondent's access
4to records, neither a day-care facility, pre-school,
5pre-kindergarten, public or private school, college, or
6university nor its employees shall allow a respondent access to
7a protected child's records or release information in those
8records to the respondent. The school shall file the copy of
9the order of protection in the records of a child who is a
10protected person under the order of protection. When a child
11who is a protected person under the order of protection
12transfers to another day-care facility, pre-school,
13pre-kindergarten, public or private school, college, or
14university, the institution from which the child is
15transferring may, at the request of the petitioner, provide,
16within 24 hours of the transfer, written notice of the order of
17protection, along with a certified copy of the order, to the
18institution to which the child is transferring.
19    (g) Notice to health care facilities and health care
20practitioners. Upon the request of the petitioner, the clerk of
21the circuit court shall send a certified copy of the order of
22protection to any specified health care facility or health care
23practitioner requested by the petitioner at the mailing address
24provided by the petitioner.
25    (h) Disclosure by health care facilities and health care
26practitioners. After receiving a certified copy of an order of

 

 

SB1828- 25 -LRB097 02692 RLC 42711 b

1protection that prohibits a respondent's access to records, no
2health care facility or health care practitioner shall allow a
3respondent access to the records of any child who is a
4protected person under the order of protection, or release
5information in those records to the respondent, unless the
6order has expired or the respondent shows a certified copy of
7the court order vacating the corresponding order of protection
8that was sent to the health care facility or practitioner.
9Nothing in this Section shall be construed to require health
10care facilities or health care practitioners to alter
11procedures related to billing and payment. The health care
12facility or health care practitioner may file the copy of the
13order of protection in the records of a child who is a
14protected person under the order of protection, or may employ
15any other method to identify the records to which a respondent
16is prohibited access. No health care facility or health care
17practitioner shall be civilly or professionally liable for
18reliance on a copy of an order of protection, except for
19willful and wanton misconduct.
20(Source: P.A. 95-912, eff. 1-1-09; 96-651, eff. 1-1-10.)
 
21    (750 ILCS 60/222.10)
22    Sec. 222.10. Short form notification.
23    (a) Instead of personal service of an order of protection
24under Section 222, a sheriff, other law enforcement official,
25or special process server, or personnel assigned by the

 

 

SB1828- 26 -LRB097 02692 RLC 42711 b

1Department of Corrections to investigate the alleged
2misconduct of committed persons or alleged violations of a
3parolee's or releasee's conditions of parole or mandatory
4supervised release may serve a respondent with a short form
5notification. The short form notification must include the
6following items:
7        (1) The respondent's name.
8        (2) The respondent's date of birth, if known.
9        (3) The petitioner's name.
10        (4) The names of other protected parties.
11        (5) The date and county in which the order of
12    protection was filed.
13        (6) The court file number.
14        (7) The hearing date and time, if known.
15        (8) The conditions that apply to the respondent, either
16    in checklist form or handwritten.
17        (9) The name of the judge who signed the order.
18    (b) The short form notification must contain the following
19notice in bold print:
20    "The order of protection is now enforceable. You must
21    report to the office of the sheriff or the office of the
22    circuit court in (name of county) County to obtain a copy
23    of the order of protection. You are subject to arrest and
24    may be charged with a misdemeanor or felony if you violate
25    any of the terms of the order of protection."
26    (c) Upon verification of the identity of the respondent and

 

 

SB1828- 27 -LRB097 02692 RLC 42711 b

1the existence of an unserved order of protection against the
2respondent, a sheriff or other law enforcement official may
3detain the respondent for a reasonable time necessary to
4complete and serve the short form notification.
5    (d) When service is made by short form notification under
6this Section, it may be proved by the affidavit of the person
7sheriff, other law enforcement official, or special process
8server making the service.
9    (e) The Attorney General shall provide adequate copies of
10the short form notification form to law enforcement agencies in
11this State.
12(Source: P.A. 92-162, eff. 1-1-02.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.