Sen. Jacqueline Y. Collins

Filed: 3/28/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2282

2    AMENDMENT NO. ______. Amend Senate Bill 2282 by replacing
3everything after the enacting clause with the following:
 
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;

 

 

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

 

 

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1    provider approved by the Board;
2        (7.6) if convicted of a sex offense as defined in the
3    Sex Offender Management Board Act, refrain from residing at
4    the same address or in the same condominium unit or
5    apartment unit or in the same condominium complex or
6    apartment complex with another person he or she knows or
7    reasonably should know is a convicted sex offender or has
8    been placed on supervision for a sex offense; the
9    provisions of this paragraph do not apply to a person
10    convicted of a sex offense who is placed in a Department of
11    Corrections licensed transitional housing facility for sex
12    offenders, or is in any facility operated or licensed by
13    the Department of Children and Family Services or by the
14    Department of Human Services, or is in any licensed medical
15    facility;
16        (7.7) if convicted for an offense that would qualify
17    the accused as a sexual predator under the Sex Offender
18    Registration Act on or after January 1, 2007 (the effective
19    date of Public Act 94-988), wear an approved electronic
20    monitoring device as defined in Section 5-8A-2 for the
21    duration of the person's parole, aftercare release,
22    mandatory supervised release term, or extended mandatory
23    supervised release term and if convicted for an offense of
24    criminal sexual assault, aggravated criminal sexual
25    assault, predatory criminal sexual assault of a child,
26    criminal sexual abuse, aggravated criminal sexual abuse,

 

 

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1    or ritualized abuse of a child committed on or after August
2    11, 2009 (the effective date of Public Act 96-236) when the
3    victim was under 18 years of age at the time of the
4    commission of the offense and the defendant used force or
5    the threat of force in the commission of the offense wear
6    an approved electronic monitoring device as defined in
7    Section 5-8A-2 that has Global Positioning System (GPS)
8    capability for the duration of the person's parole,
9    aftercare release, mandatory supervised release term, or
10    extended mandatory supervised release term;
11        (7.8) if convicted for an offense committed on or after
12    June 1, 2008 (the effective date of Public Act 95-464) that
13    would qualify the accused as a child sex offender as
14    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
15    1961 or the Criminal Code of 2012, refrain from
16    communicating with or contacting, by means of the Internet,
17    a person who is not related to the accused and whom the
18    accused reasonably believes to be under 18 years of age;
19    for purposes of this paragraph (7.8), "Internet" has the
20    meaning ascribed to it in Section 16-0.1 of the Criminal
21    Code of 2012; and a person is not related to the accused if
22    the person is not: (i) the spouse, brother, or sister of
23    the accused; (ii) a descendant of the accused; (iii) a
24    first or second cousin of the accused; or (iv) a step-child
25    or adopted child of the accused;
26        (7.9) if convicted under Section 11-6, 11-20.1,

 

 

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1    11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or
2    the Criminal Code of 2012, consent to search of computers,
3    PDAs, cellular phones, and other devices under his or her
4    control that are capable of accessing the Internet or
5    storing electronic files, in order to confirm Internet
6    protocol addresses reported in accordance with the Sex
7    Offender Registration Act and compliance with conditions
8    in this Act;
9        (7.10) if convicted for an offense that would qualify
10    the accused as a sex offender or sexual predator under the
11    Sex Offender Registration Act on or after June 1, 2008 (the
12    effective date of Public Act 95-640), not possess
13    prescription drugs for erectile dysfunction;
14        (7.11) if convicted for an offense under Section 11-6,
15    11-9.1, 11-14.4 that involves soliciting for a juvenile
16    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
17    of the Criminal Code of 1961 or the Criminal Code of 2012,
18    or any attempt to commit any of these offenses, committed
19    on or after June 1, 2009 (the effective date of Public Act
20    95-983):
21            (i) not access or use a computer or any other
22        device with Internet capability without the prior
23        written approval of the Department;
24            (ii) submit to periodic unannounced examinations
25        of the offender's computer or any other device with
26        Internet capability by the offender's supervising

 

 

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1        agent, aftercare specialist, a law enforcement
2        officer, or assigned computer or information
3        technology specialist, including the retrieval and
4        copying of all data from the computer or device and any
5        internal or external peripherals and removal of such
6        information, equipment, or device to conduct a more
7        thorough inspection;
8            (iii) submit to the installation on the offender's
9        computer or device with Internet capability, at the
10        offender's expense, of one or more hardware or software
11        systems to monitor the Internet use; and
12            (iv) submit to any other appropriate restrictions
13        concerning the offender's use of or access to a
14        computer or any other device with Internet capability
15        imposed by the Board, the Department or the offender's
16        supervising agent or aftercare specialist;
17        (7.12) if convicted of a sex offense as defined in the
18    Sex Offender Registration Act committed on or after January
19    1, 2010 (the effective date of Public Act 96-262), refrain
20    from accessing or using a social networking website as
21    defined in Section 17-0.5 of the Criminal Code of 2012;
22        (7.13) if convicted of a sex offense as defined in
23    Section 2 of the Sex Offender Registration Act committed on
24    or after January 1, 2010 (the effective date of Public Act
25    96-362) that requires the person to register as a sex
26    offender under that Act, may not knowingly use any computer

 

 

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1    scrub software on any computer that the sex offender uses;
2        (8) obtain permission of an agent of the Department of
3    Corrections or the Department of Juvenile Justice before
4    leaving the State of Illinois;
5        (9) obtain permission of an agent of the Department of
6    Corrections or the Department of Juvenile Justice before
7    changing his or her residence or employment;
8        (10) consent to a search of his or her person,
9    property, or residence under his or her control;
10        (11) refrain from the use or possession of narcotics or
11    other controlled substances in any form, or both, or any
12    paraphernalia related to those substances and submit to a
13    urinalysis test as instructed by a parole agent of the
14    Department of Corrections or an aftercare specialist of the
15    Department of Juvenile Justice;
16        (12) not frequent places where controlled substances
17    are illegally sold, used, distributed, or administered;
18        (13) not knowingly associate with other persons on
19    parole, aftercare release, or mandatory supervised release
20    without prior written permission of his or her parole agent
21    or aftercare specialist, except when the association
22    involves activities related to community programs, worship
23    services, volunteering, and engaging families, and not
24    associate with persons who are members of an organized gang
25    as that term is defined in the Illinois Streetgang
26    Terrorism Omnibus Prevention Act;

 

 

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

 

 

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1    costume on or preceding Easter;
2        (17) if convicted of a violation of an order of
3    protection under Section 12-3.4 or Section 12-30 of the
4    Criminal Code of 1961 or the Criminal Code of 2012, be
5    placed under electronic surveillance as provided in
6    Section 5-8A-7 of this Code;
7        (18) comply with the terms and conditions of an order
8    of protection issued pursuant to the Illinois Domestic
9    Violence Act of 1986; an order of protection issued by the
10    court of another state, tribe, or United States territory;
11    a no contact order issued pursuant to the Civil No Contact
12    Order Act; or a no contact order issued pursuant to the
13    Stalking No Contact Order Act; and
14        (19) if convicted of a violation of the Methamphetamine
15    Control and Community Protection Act, the Methamphetamine
16    Precursor Control Act, or a methamphetamine related
17    offense, be:
18            (A) prohibited from purchasing, possessing, or
19        having under his or her control any product containing
20        pseudoephedrine unless prescribed by a physician; and
21            (B) prohibited from purchasing, possessing, or
22        having under his or her control any product containing
23        ammonium nitrate.
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 or her dependents;
7        (5) (blank);
8        (6) (blank);
9        (7) (blank);
10        (7.5) if convicted for an offense committed on or after
11    the effective date of this amendatory Act of the 95th
12    General Assembly that would qualify the accused as a child
13    sex offender as defined in Section 11-9.3 or 11-9.4 of the
14    Criminal Code of 1961 or the Criminal Code of 2012, refrain
15    from communicating with or contacting, by means of the
16    Internet, a person who is related to the accused and whom
17    the accused reasonably believes to be under 18 years of
18    age; for purposes of this paragraph (7.5), "Internet" has
19    the meaning ascribed to it in Section 16-0.1 of the
20    Criminal Code of 2012; and a person is related to the
21    accused if the person is: (i) the spouse, brother, or
22    sister of the accused; (ii) a descendant of the accused;
23    (iii) a first or second cousin of the accused; or (iv) a
24    step-child or adopted child of the accused;
25        (7.6) if convicted for an offense committed on or after
26    June 1, 2009 (the effective date of Public Act 95-983) that

 

 

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

 

 

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1        home;
2            (ii) attend school;
3            (iii) attend a non-residential program for youth;
4        or
5            (iv) contribute to his or her own support at home
6        or in a foster home.
7    (b-1) In addition to the conditions set forth in
8subsections (a) and (b), persons required to register as sex
9offenders pursuant to the Sex Offender Registration Act, upon
10release from the custody of the Illinois Department of
11Corrections or Department of Juvenile Justice, may be required
12by the Board to comply with the following specific conditions
13of 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 or the Department of Juvenile Justice prior
21    to accepting employment or pursuing a course of study or
22    vocational training and notify the Department prior to any
23    change in employment, study, or 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 or the Department of
2    Juvenile Justice;
3        (6) be electronically monitored for a minimum of 12
4    months from the date of release as determined by the Board;
5        (7) refrain from entering into a designated geographic
6    area except upon terms approved in advance by an agent of
7    the Department of Corrections or the Department of Juvenile
8    Justice. The terms may include consideration of the purpose
9    of the entry, the time of day, and others accompanying the
10    person;
11        (8) refrain from having any contact, including written
12    or oral communications, directly or indirectly, personally
13    or by telephone, letter, or through a third party with
14    certain specified persons including, but not limited to,
15    the victim or the victim's family without the prior written
16    approval of an agent of the Department of Corrections or
17    the Department of Juvenile Justice;
18        (9) refrain from all contact, directly or indirectly,
19    personally, by telephone, letter, or through a third party,
20    with minor children without prior identification and
21    approval of an agent of the Department of Corrections or
22    the Department of Juvenile Justice;
23        (10) neither possess or have under his or her control
24    any material that is sexually oriented, sexually
25    stimulating, or that shows male or female sex organs or any
26    pictures depicting children under 18 years of age nude or

 

 

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

 

 

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1    victims;
2        (16) take an annual polygraph exam;
3        (17) maintain a log of his or her travel; or
4        (18) obtain prior approval of his or her parole officer
5    or aftercare specialist before driving alone in a motor
6    vehicle.
7    (c) The conditions under which the parole, aftercare
8release, or mandatory supervised release is to be served shall
9be communicated to the person in writing prior to his or her
10release, and he or she shall sign the same before release. A
11signed copy of these conditions, including a copy of an order
12of protection where one had been issued by the criminal court,
13shall be retained by the person and another copy forwarded to
14the officer or aftercare specialist in charge of his or her
15supervision.
16    (d) After a hearing under Section 3-3-9, the Prisoner
17Review Board may modify or enlarge the conditions of parole,
18aftercare release, or mandatory supervised release.
19    (e) The Department shall inform all offenders committed to
20the Department of the optional services available to them upon
21release and shall assist inmates in availing themselves of such
22optional services upon their release on a voluntary basis.
23    (f) (Blank).
24(Source: P.A. 97-50, eff. 6-28-11; 97-531, eff. 1-1-12; 97-560,
25eff. 1-1-12; 97-597, eff. 1-1-12; 97-1109, eff. 1-1-13;
2697-1150, eff. 1-25-13; 98-558, eff. 1-1-14.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".