99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2282

 

Introduced 1/27/2016, by Sen. Jacqueline Y. Collins

 

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

    Amends the Unified Code of Corrections. Provides that the condition of parole, aftercare release, or mandatory supervised release that the subject not knowingly associate with other persons on parole, aftercare release, or mandatory supervised release without prior written permission of his or her parole agent or aftercare specialist does not apply when the association involves activities concerning community activism or organizing with a not-for-profit organization, or both, which may include, but is not limited to, unscheduled meetings or demonstrations, or both. Effective immediately.


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A BILL FOR

 

SB2282LRB099 18376 RLC 42751 b

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

 

 

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

 

 

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

 

 

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

 

 

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1    in this Act;
2        (7.10) if convicted for an offense that would qualify
3    the accused as a sex offender or sexual predator under the
4    Sex Offender Registration Act on or after June 1, 2008 (the
5    effective date of Public Act 95-640), not possess
6    prescription drugs for erectile dysfunction;
7        (7.11) if convicted for an offense under Section 11-6,
8    11-9.1, 11-14.4 that involves soliciting for a juvenile
9    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
10    of the Criminal Code of 1961 or the Criminal Code of 2012,
11    or any attempt to commit any of these offenses, committed
12    on or after June 1, 2009 (the effective date of Public Act
13    95-983):
14            (i) not access or use a computer or any other
15        device with Internet capability without the prior
16        written approval of the Department;
17            (ii) submit to periodic unannounced examinations
18        of the offender's computer or any other device with
19        Internet capability by the offender's supervising
20        agent, aftercare specialist, a law enforcement
21        officer, or assigned computer or information
22        technology specialist, including the retrieval and
23        copying of all data from the computer or device and any
24        internal or external peripherals and removal of such
25        information, equipment, or device to conduct a more
26        thorough inspection;

 

 

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1            (iii) submit to the installation on the offender's
2        computer or device with Internet capability, at the
3        offender's expense, of one or more hardware or software
4        systems to monitor the Internet use; and
5            (iv) submit to any other appropriate restrictions
6        concerning the offender's use of or access to a
7        computer or any other device with Internet capability
8        imposed by the Board, the Department or the offender's
9        supervising agent or aftercare specialist;
10        (7.12) if convicted of a sex offense as defined in the
11    Sex Offender Registration Act committed on or after January
12    1, 2010 (the effective date of Public Act 96-262), refrain
13    from accessing or using a social networking website as
14    defined in Section 17-0.5 of the Criminal Code of 2012;
15        (7.13) if convicted of a sex offense as defined in
16    Section 2 of the Sex Offender Registration Act committed on
17    or after January 1, 2010 (the effective date of Public Act
18    96-362) that requires the person to register as a sex
19    offender under that Act, may not knowingly use any computer
20    scrub software on any computer that the sex offender uses;
21        (8) obtain permission of an agent of the Department of
22    Corrections or the Department of Juvenile Justice before
23    leaving the State of Illinois;
24        (9) obtain permission of an agent of the Department of
25    Corrections or the Department of Juvenile Justice before
26    changing his or her residence or 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 or an aftercare specialist of the
8    Department of Juvenile Justice;
9        (12) not frequent places where controlled substances
10    are illegally sold, used, distributed, or administered;
11        (13) not knowingly associate with other persons on
12    parole, aftercare release, or mandatory supervised release
13    without prior written permission of his or her parole agent
14    or aftercare specialist, except when the association
15    involves activities concerning community activism or
16    organizing with a not-for-profit organization, or both,
17    which may include, but is not limited to, unscheduled
18    meetings or demonstrations, or both, and not associate with
19    persons who are members of an organized gang as that term
20    is defined in the Illinois Streetgang Terrorism Omnibus
21    Prevention Act;
22        (14) provide true and accurate information, as it
23    relates to his or her adjustment in the community while on
24    parole, aftercare release, or mandatory supervised release
25    or to his or her conduct while incarcerated, in response to
26    inquiries by his or her parole agent or of the Department

 

 

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1    of Corrections or by his or her aftercare specialist or of
2    the Department of Juvenile Justice;
3        (15) follow any specific instructions provided by the
4    parole agent or aftercare specialist that are consistent
5    with furthering conditions set and approved by the Prisoner
6    Review Board or by law, exclusive of placement on
7    electronic detention, to achieve the goals and objectives
8    of his or her parole, aftercare release, or mandatory
9    supervised release or to protect the public. These
10    instructions by the parole agent or aftercare specialist
11    may be modified at any time, as the agent or aftercare
12    specialist deems appropriate;
13        (16) if convicted of a sex offense as defined in
14    subsection (a-5) of Section 3-1-2 of this Code, unless the
15    offender is a parent or guardian of the person under 18
16    years of age present in the home and no non-familial minors
17    are present, not participate in a holiday event involving
18    children under 18 years of age, such as distributing candy
19    or other items to children on Halloween, wearing a Santa
20    Claus costume on or preceding Christmas, being employed as
21    a department store Santa Claus, or wearing an Easter Bunny
22    costume on or preceding Easter;
23        (17) if convicted of a violation of an order of
24    protection under Section 12-3.4 or Section 12-30 of the
25    Criminal Code of 1961 or the Criminal Code of 2012, be
26    placed under electronic surveillance as provided in

 

 

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1    Section 5-8A-7 of this Code;
2        (18) comply with the terms and conditions of an order
3    of protection issued pursuant to the Illinois Domestic
4    Violence Act of 1986; an order of protection issued by the
5    court of another state, tribe, or United States territory;
6    a no contact order issued pursuant to the Civil No Contact
7    Order Act; or a no contact order issued pursuant to the
8    Stalking No Contact Order Act; and
9        (19) if convicted of a violation of the Methamphetamine
10    Control and Community Protection Act, the Methamphetamine
11    Precursor Control Act, or a methamphetamine related
12    offense, be:
13            (A) prohibited from purchasing, possessing, or
14        having under his or her control any product containing
15        pseudoephedrine unless prescribed by a physician; and
16            (B) prohibited from purchasing, possessing, or
17        having under his or her control any product containing
18        ammonium nitrate.
19    (b) The Board may in addition to other conditions require
20that the subject:
21        (1) work or pursue a course of study or vocational
22    training;
23        (2) undergo medical or psychiatric treatment, or
24    treatment for drug addiction or alcoholism;
25        (3) attend or reside in a facility established for the
26    instruction or residence of persons on probation or parole;

 

 

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1        (4) support his or her dependents;
2        (5) (blank);
3        (6) (blank);
4        (7) (blank);
5        (7.5) if convicted for an offense committed on or after
6    the effective date of this amendatory Act of the 95th
7    General Assembly that would qualify the accused as a child
8    sex offender as defined in Section 11-9.3 or 11-9.4 of the
9    Criminal Code of 1961 or the Criminal Code of 2012, refrain
10    from communicating with or contacting, by means of the
11    Internet, a person who is related to the accused and whom
12    the accused reasonably believes to be under 18 years of
13    age; for purposes of this paragraph (7.5), "Internet" has
14    the meaning ascribed to it in Section 16-0.1 of the
15    Criminal Code of 2012; and a person is related to the
16    accused if the person is: (i) the spouse, brother, or
17    sister of the accused; (ii) a descendant of the accused;
18    (iii) a first or second cousin of the accused; or (iv) a
19    step-child or adopted child of the accused;
20        (7.6) if convicted for an offense committed on or after
21    June 1, 2009 (the effective date of Public Act 95-983) that
22    would qualify as a sex offense as defined in the Sex
23    Offender Registration Act:
24            (i) not access or use a computer or any other
25        device with Internet capability without the prior
26        written approval of the Department;

 

 

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1            (ii) submit to periodic unannounced examinations
2        of the offender's computer or any other device with
3        Internet capability by the offender's supervising
4        agent or aftercare specialist, a law enforcement
5        officer, or assigned computer or information
6        technology specialist, including the retrieval and
7        copying of all data from the computer or device and any
8        internal or external peripherals and removal of such
9        information, equipment, or device to conduct a more
10        thorough inspection;
11            (iii) submit to the installation on the offender's
12        computer or device with Internet capability, at the
13        offender's expense, of one or more hardware or software
14        systems to monitor the Internet use; and
15            (iv) submit to any other appropriate restrictions
16        concerning the offender's use of or access to a
17        computer or any other device with Internet capability
18        imposed by the Board, the Department or the offender's
19        supervising agent or aftercare specialist; and
20        (8) in addition, if a minor:
21            (i) reside with his or her parents or in a foster
22        home;
23            (ii) attend school;
24            (iii) attend a non-residential program for youth;
25        or
26            (iv) contribute to his or her own support at home

 

 

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

 

 

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1    area except upon terms approved in advance by an agent of
2    the Department of Corrections or the Department of Juvenile
3    Justice. The terms may include consideration of the purpose
4    of the entry, the time of day, and others accompanying the
5    person;
6        (8) refrain from having any contact, including written
7    or oral communications, directly or indirectly, personally
8    or by telephone, letter, or through a third party with
9    certain specified persons including, but not limited to,
10    the victim or the victim's family without the prior written
11    approval of an agent of the Department of Corrections or
12    the Department of Juvenile Justice;
13        (9) refrain from all contact, directly or indirectly,
14    personally, by telephone, letter, or through a third party,
15    with minor children without prior identification and
16    approval of an agent of the Department of Corrections or
17    the Department of Juvenile Justice;
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;

 

 

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

 

 

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1    vehicle.
2    (c) The conditions under which the parole, aftercare
3release, or mandatory supervised release is to be served shall
4be communicated to the person in writing prior to his or her
5release, and he or she shall sign the same before release. A
6signed copy of these conditions, including a copy of an order
7of protection where one had been issued by the criminal court,
8shall be retained by the person and another copy forwarded to
9the officer or aftercare specialist in charge of his or her
10supervision.
11    (d) After a hearing under Section 3-3-9, the Prisoner
12Review Board may modify or enlarge the conditions of parole,
13aftercare release, or mandatory supervised release.
14    (e) The Department shall inform all offenders committed to
15the Department of the optional services available to them upon
16release and shall assist inmates in availing themselves of such
17optional services upon their release on a voluntary basis.
18    (f) (Blank).
19(Source: P.A. 97-50, eff. 6-28-11; 97-531, eff. 1-1-12; 97-560,
20eff. 1-1-12; 97-597, eff. 1-1-12; 97-1109, eff. 1-1-13;
2197-1150, eff. 1-25-13; 98-558, eff. 1-1-14.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.