99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3294

 

Introduced 2/19/2016, by Sen. Kwame Raoul

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-3-7  from Ch. 38, par. 1003-3-7
730 ILCS 5/3-6-3  from Ch. 38, par. 1003-6-3
730 ILCS 5/3-14-2  from Ch. 38, par. 1003-14-2

    Amends the Unified Code of Corrections. Provides that conditions of every parole, aftercare release, and mandatory supervised release are that the subject follow any specific instructions of the parole agent or aftercare specialist that are consistent with furthering conditions set by the Prisoner Review Board or by law, which may include use of an approved electronic monitoring device for a period not to exceed 30 days. Provides that the Department of Corrections in addition to the Prisoner Review Board may set conditions of parole, aftercare release, or mandatory supervised release as provided by law. Provides that the additional sentence credit for an inmate engaged in certain programs and who satisfactorily completes the assigned program is available to an inmate while assigned to a boot camp or electronic detention, to an inmate who has previously received increased good conduct credit under this provision and has subsequently been convicted of a felony, has previously served more than one prior sentence of imprisonment for a felony in an adult correctional facility or is sentenced on certain offenses with standard day for day sentence credit.


LRB099 20433 RLC 44932 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3294LRB099 20433 RLC 44932 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 Sections 3-3-7, 3-6-3, and 3-14-2 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 and not associate with persons who
15    are members of an organized gang as that term is defined in
16    the Illinois Streetgang Terrorism Omnibus Prevention Act;
17        (14) provide true and accurate information, as it
18    relates to his or her adjustment in the community while on
19    parole, aftercare release, or mandatory supervised release
20    or to his or her conduct while incarcerated, in response to
21    inquiries by his or her parole agent or of the Department
22    of Corrections or by his or her aftercare specialist or of
23    the Department of Juvenile Justice;
24        (15) follow any specific instructions provided by the
25    parole agent or aftercare specialist that are consistent
26    with furthering conditions set and approved by the Prisoner

 

 

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

 

 

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

 

 

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1        (7) (blank);
2        (7.5) if convicted for an offense committed on or after
3    the effective date of this amendatory Act of the 95th
4    General Assembly that would qualify the accused as a child
5    sex offender as defined in Section 11-9.3 or 11-9.4 of the
6    Criminal Code of 1961 or the Criminal Code of 2012, refrain
7    from communicating with or contacting, by means of the
8    Internet, a person who is related to the accused and whom
9    the accused reasonably believes to be under 18 years of
10    age; for purposes of this paragraph (7.5), "Internet" has
11    the meaning ascribed to it in Section 16-0.1 of the
12    Criminal Code of 2012; and a person is related to the
13    accused if the person is: (i) the spouse, brother, or
14    sister of the accused; (ii) a descendant of the accused;
15    (iii) a first or second cousin of the accused; or (iv) a
16    step-child or adopted child of the accused;
17        (7.6) if convicted for an offense committed on or after
18    June 1, 2009 (the effective date of Public Act 95-983) that
19    would qualify as a sex offense as defined in the Sex
20    Offender Registration Act:
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 or 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; and
17        (8) in addition, if a minor:
18            (i) reside with his or her parents or in a foster
19        home;
20            (ii) attend school;
21            (iii) attend a non-residential program for youth;
22        or
23            (iv) contribute to his or her own support at home
24        or in a foster home.
25    (b-1) In addition to the conditions set forth in
26subsections (a) and (b), persons required to register as sex

 

 

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

 

 

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1    of the entry, the time of day, and others accompanying the
2    person;
3        (8) refrain from having any contact, including written
4    or oral communications, directly or indirectly, personally
5    or by telephone, letter, or through a third party with
6    certain specified persons including, but not limited to,
7    the victim or the victim's family without the prior written
8    approval of an agent of the Department of Corrections or
9    the Department of Juvenile Justice;
10        (9) refrain from all contact, directly or indirectly,
11    personally, by telephone, letter, or through a third party,
12    with minor children without prior identification and
13    approval of an agent of the Department of Corrections or
14    the Department of Juvenile Justice;
15        (10) neither possess or have under his or her control
16    any material that is sexually oriented, sexually
17    stimulating, or that shows male or female sex organs or any
18    pictures depicting children under 18 years of age nude or
19    any written or audio material describing sexual
20    intercourse or that depicts or alludes to sexual activity,
21    including but not limited to visual, auditory, telephonic,
22    or electronic media, or any matter obtained through access
23    to any computer or material linked to computer access use;
24        (11) not patronize any business providing sexually
25    stimulating or sexually oriented entertainment nor utilize
26    "900" or adult telephone numbers;

 

 

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1        (12) not reside near, visit, or be in or about parks,
2    schools, day care centers, swimming pools, beaches,
3    theaters, or any other places where minor children
4    congregate without advance approval of an agent of the
5    Department of Corrections or the Department of Juvenile
6    Justice and immediately report any incidental contact with
7    minor children to the Department;
8        (13) not possess or have under his or her control
9    certain specified items of contraband related to the
10    incidence of sexually offending as determined by an agent
11    of the Department of Corrections or the Department of
12    Juvenile Justice;
13        (14) may be required to provide a written daily log of
14    activities if directed by an agent of the Department of
15    Corrections or the Department of Juvenile Justice;
16        (15) comply with all other special conditions that the
17    Department may impose that restrict the person from
18    high-risk situations and limit access to potential
19    victims;
20        (16) take an annual polygraph exam;
21        (17) maintain a log of his or her travel; or
22        (18) obtain prior approval of his or her parole officer
23    or aftercare specialist before driving alone in a motor
24    vehicle.
25    (c) The conditions under which the parole, aftercare
26release, or mandatory supervised release is to be served shall

 

 

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1be communicated to the person in writing prior to his or her
2release, and he or she shall sign the same before release. A
3signed copy of these conditions, including a copy of an order
4of protection where one had been issued by the criminal court,
5shall be retained by the person and another copy forwarded to
6the officer or aftercare specialist in charge of his or her
7supervision.
8    (d) After a hearing under Section 3-3-9, the Prisoner
9Review Board may modify or enlarge the conditions of parole,
10aftercare release, or mandatory 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) (Blank).
16(Source: P.A. 97-50, eff. 6-28-11; 97-531, eff. 1-1-12; 97-560,
17eff. 1-1-12; 97-597, eff. 1-1-12; 97-1109, eff. 1-1-13;
1897-1150, eff. 1-25-13; 98-558, eff. 1-1-14.)
 
19    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
20    Sec. 3-6-3. Rules and Regulations for Sentence Credit.
21        (a) (1) The Department of Corrections shall prescribe
22    rules and regulations for awarding and revoking sentence
23    credit for persons committed to the Department which shall
24    be subject to review by the Prisoner Review Board.
25        (1.5) As otherwise provided by law, sentence credit may

 

 

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1    be awarded for the following:
2            (A) successful completion of programming while in
3        custody of the Department or while in custody prior to
4        sentencing;
5            (B) compliance with the rules and regulations of
6        the Department; or
7            (C) service to the institution, service to a
8        community, or service to the State.
9        (2) The rules and regulations on sentence credit shall
10    provide, with respect to offenses listed in clause (i),
11    (ii), or (iii) of this paragraph (2) committed on or after
12    June 19, 1998 or with respect to the offense listed in
13    clause (iv) of this paragraph (2) committed on or after
14    June 23, 2005 (the effective date of Public Act 94-71) or
15    with respect to offense listed in clause (vi) committed on
16    or after June 1, 2008 (the effective date of Public Act
17    95-625) or with respect to the offense of being an armed
18    habitual criminal committed on or after August 2, 2005 (the
19    effective date of Public Act 94-398) or with respect to the
20    offenses listed in clause (v) of this paragraph (2)
21    committed on or after August 13, 2007 (the effective date
22    of Public Act 95-134) or with respect to the offense of
23    aggravated domestic battery committed on or after July 23,
24    2010 (the effective date of Public Act 96-1224) or with
25    respect to the offense of attempt to commit terrorism
26    committed on or after January 1, 2013 (the effective date

 

 

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1    of Public Act 97-990), the following:
2            (i) that a prisoner who is serving a term of
3        imprisonment for first degree murder or for the offense
4        of terrorism shall receive no sentence credit and shall
5        serve the entire sentence imposed by the court;
6            (ii) that a prisoner serving a sentence for attempt
7        to commit terrorism, attempt to commit first degree
8        murder, solicitation of murder, solicitation of murder
9        for hire, intentional homicide of an unborn child,
10        predatory criminal sexual assault of a child,
11        aggravated criminal sexual assault, criminal sexual
12        assault, aggravated kidnapping, aggravated battery
13        with a firearm as described in Section 12-4.2 or
14        subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
15        Section 12-3.05, heinous battery as described in
16        Section 12-4.1 or subdivision (a)(2) of Section
17        12-3.05, being an armed habitual criminal, aggravated
18        battery of a senior citizen as described in Section
19        12-4.6 or subdivision (a)(4) of Section 12-3.05, or
20        aggravated battery of a child as described in Section
21        12-4.3 or subdivision (b)(1) of Section 12-3.05 shall
22        receive no more than 4.5 days of sentence credit for
23        each month of his or her sentence of imprisonment;
24            (iii) that a prisoner serving a sentence for home
25        invasion, armed robbery, aggravated vehicular
26        hijacking, aggravated discharge of a firearm, or armed

 

 

SB3294- 18 -LRB099 20433 RLC 44932 b

1        violence with a category I weapon or category II
2        weapon, when the court has made and entered a finding,
3        pursuant to subsection (c-1) of Section 5-4-1 of this
4        Code, that the conduct leading to conviction for the
5        enumerated offense resulted in great bodily harm to a
6        victim, shall receive no more than 4.5 days of sentence
7        credit for each month of his or her sentence of
8        imprisonment;
9            (iv) that a prisoner serving a sentence for
10        aggravated discharge of a firearm, whether or not the
11        conduct leading to conviction for the offense resulted
12        in great bodily harm to the victim, shall receive no
13        more than 4.5 days of sentence credit for each month of
14        his or her sentence of imprisonment;
15            (v) that a person serving a sentence for
16        gunrunning, narcotics racketeering, controlled
17        substance trafficking, methamphetamine trafficking,
18        drug-induced homicide, aggravated
19        methamphetamine-related child endangerment, money
20        laundering pursuant to clause (c) (4) or (5) of Section
21        29B-1 of the Criminal Code of 1961 or the Criminal Code
22        of 2012, or a Class X felony conviction for delivery of
23        a controlled substance, possession of a controlled
24        substance with intent to manufacture or deliver,
25        calculated criminal drug conspiracy, criminal drug
26        conspiracy, street gang criminal drug conspiracy,

 

 

SB3294- 19 -LRB099 20433 RLC 44932 b

1        participation in methamphetamine manufacturing,
2        aggravated participation in methamphetamine
3        manufacturing, delivery of methamphetamine, possession
4        with intent to deliver methamphetamine, aggravated
5        delivery of methamphetamine, aggravated possession
6        with intent to deliver methamphetamine,
7        methamphetamine conspiracy when the substance
8        containing the controlled substance or methamphetamine
9        is 100 grams or more shall receive no more than 7.5
10        days sentence credit for each month of his or her
11        sentence of imprisonment;
12            (vi) that a prisoner serving a sentence for a
13        second or subsequent offense of luring a minor shall
14        receive no more than 4.5 days of sentence credit for
15        each month of his or her sentence of imprisonment; and
16            (vii) that a prisoner serving a sentence for
17        aggravated domestic battery shall receive no more than
18        4.5 days of sentence credit for each month of his or
19        her sentence of imprisonment.
20        (2.1) For all offenses, other than those enumerated in
21    subdivision (a)(2)(i), (ii), or (iii) committed on or after
22    June 19, 1998 or subdivision (a)(2)(iv) committed on or
23    after June 23, 2005 (the effective date of Public Act
24    94-71) or subdivision (a)(2)(v) committed on or after
25    August 13, 2007 (the effective date of Public Act 95-134)
26    or subdivision (a)(2)(vi) committed on or after June 1,

 

 

SB3294- 20 -LRB099 20433 RLC 44932 b

1    2008 (the effective date of Public Act 95-625) or
2    subdivision (a)(2)(vii) committed on or after July 23, 2010
3    (the effective date of Public Act 96-1224), and other than
4    the offense of aggravated driving under the influence of
5    alcohol, other drug or drugs, or intoxicating compound or
6    compounds, or any combination thereof as defined in
7    subparagraph (F) of paragraph (1) of subsection (d) of
8    Section 11-501 of the Illinois Vehicle Code, and other than
9    the offense of aggravated driving under the influence of
10    alcohol, other drug or drugs, or intoxicating compound or
11    compounds, or any combination thereof as defined in
12    subparagraph (C) of paragraph (1) of subsection (d) of
13    Section 11-501 of the Illinois Vehicle Code committed on or
14    after January 1, 2011 (the effective date of Public Act
15    96-1230), the rules and regulations shall provide that a
16    prisoner who is serving a term of imprisonment shall
17    receive one day of sentence credit for each day of his or
18    her sentence of imprisonment or recommitment under Section
19    3-3-9. Each day of sentence credit shall reduce by one day
20    the prisoner's period of imprisonment or recommitment
21    under Section 3-3-9.
22        (2.2) A prisoner serving a term of natural life
23    imprisonment or a prisoner who has been sentenced to death
24    shall receive no sentence credit.
25        (2.3) The rules and regulations on sentence credit
26    shall provide that a prisoner who is serving a sentence for

 

 

SB3294- 21 -LRB099 20433 RLC 44932 b

1    aggravated driving under the influence of alcohol, other
2    drug or drugs, or intoxicating compound or compounds, or
3    any combination thereof as defined in subparagraph (F) of
4    paragraph (1) of subsection (d) of Section 11-501 of the
5    Illinois Vehicle Code, shall receive no more than 4.5 days
6    of sentence credit for each month of his or her sentence of
7    imprisonment.
8        (2.4) The rules and regulations on sentence credit
9    shall provide with respect to the offenses of aggravated
10    battery with a machine gun or a firearm equipped with any
11    device or attachment designed or used for silencing the
12    report of a firearm or aggravated discharge of a machine
13    gun or a firearm equipped with any device or attachment
14    designed or used for silencing the report of a firearm,
15    committed on or after July 15, 1999 (the effective date of
16    Public Act 91-121), that a prisoner serving a sentence for
17    any of these offenses shall receive no more than 4.5 days
18    of sentence credit for each month of his or her sentence of
19    imprisonment.
20        (2.5) The rules and regulations on sentence credit
21    shall provide that a prisoner who is serving a sentence for
22    aggravated arson committed on or after July 27, 2001 (the
23    effective date of Public Act 92-176) shall receive no more
24    than 4.5 days of sentence credit for each month of his or
25    her sentence of imprisonment.
26        (2.6) The rules and regulations on sentence credit

 

 

SB3294- 22 -LRB099 20433 RLC 44932 b

1    shall provide that a prisoner who is serving a sentence for
2    aggravated driving under the influence of alcohol, other
3    drug or drugs, or intoxicating compound or compounds or any
4    combination thereof as defined in subparagraph (C) of
5    paragraph (1) of subsection (d) of Section 11-501 of the
6    Illinois Vehicle Code committed on or after January 1, 2011
7    (the effective date of Public Act 96-1230) shall receive no
8    more than 4.5 days of sentence credit for each month of his
9    or her sentence of imprisonment.
10        (3) The rules and regulations shall also provide that
11    the Director may award up to 180 days additional sentence
12    credit for good conduct in specific instances as the
13    Director deems proper. The good conduct may include, but is
14    not limited to, compliance with the rules and regulations
15    of the Department, service to the Department, service to a
16    community, or service to the State. However, the Director
17    shall not award more than 90 days of sentence credit for
18    good conduct to any prisoner who is serving a sentence for
19    conviction of first degree murder, reckless homicide while
20    under the influence of alcohol or any other drug, or
21    aggravated driving under the influence of alcohol, other
22    drug or drugs, or intoxicating compound or compounds, or
23    any combination thereof as defined in subparagraph (F) of
24    paragraph (1) of subsection (d) of Section 11-501 of the
25    Illinois Vehicle Code, aggravated kidnapping, kidnapping,
26    predatory criminal sexual assault of a child, aggravated

 

 

SB3294- 23 -LRB099 20433 RLC 44932 b

1    criminal sexual assault, criminal sexual assault, deviate
2    sexual assault, aggravated criminal sexual abuse,
3    aggravated indecent liberties with a child, indecent
4    liberties with a child, child pornography, heinous battery
5    as described in Section 12-4.1 or subdivision (a)(2) of
6    Section 12-3.05, aggravated battery of a spouse,
7    aggravated battery of a spouse with a firearm, stalking,
8    aggravated stalking, aggravated battery of a child as
9    described in Section 12-4.3 or subdivision (b)(1) of
10    Section 12-3.05, endangering the life or health of a child,
11    or cruelty to a child. Notwithstanding the foregoing,
12    sentence credit for good conduct shall not be awarded on a
13    sentence of imprisonment imposed for conviction of: (i) one
14    of the offenses enumerated in subdivision (a)(2)(i), (ii),
15    or (iii) when the offense is committed on or after June 19,
16    1998 or subdivision (a)(2)(iv) when the offense is
17    committed on or after June 23, 2005 (the effective date of
18    Public Act 94-71) or subdivision (a)(2)(v) when the offense
19    is committed on or after August 13, 2007 (the effective
20    date of Public Act 95-134) or subdivision (a)(2)(vi) when
21    the offense is committed on or after June 1, 2008 (the
22    effective date of Public Act 95-625) or subdivision
23    (a)(2)(vii) when the offense is committed on or after July
24    23, 2010 (the effective date of Public Act 96-1224), (ii)
25    aggravated driving under the influence of alcohol, other
26    drug or drugs, or intoxicating compound or compounds, or

 

 

SB3294- 24 -LRB099 20433 RLC 44932 b

1    any combination thereof as defined in subparagraph (F) of
2    paragraph (1) of subsection (d) of Section 11-501 of the
3    Illinois Vehicle Code, (iii) one of the offenses enumerated
4    in subdivision (a)(2.4) when the offense is committed on or
5    after July 15, 1999 (the effective date of Public Act
6    91-121), (iv) aggravated arson when the offense is
7    committed on or after July 27, 2001 (the effective date of
8    Public Act 92-176), (v) offenses that may subject the
9    offender to commitment under the Sexually Violent Persons
10    Commitment Act, or (vi) aggravated driving under the
11    influence of alcohol, other drug or drugs, or intoxicating
12    compound or compounds or any combination thereof as defined
13    in subparagraph (C) of paragraph (1) of subsection (d) of
14    Section 11-501 of the Illinois Vehicle Code committed on or
15    after January 1, 2011 (the effective date of Public Act
16    96-1230).
17    Eligible inmates for an award of sentence credit under this
18paragraph (3) may be selected to receive the credit at the
19Director's or his or her designee's sole discretion.
20Consideration may be based on, but not limited to, any
21available risk assessment analysis on the inmate, any history
22of conviction for violent crimes as defined by the Rights of
23Crime Victims and Witnesses Act, facts and circumstances of the
24inmate's holding offense or offenses, and the potential for
25rehabilitation.
26    The Director shall not award sentence credit under this

 

 

SB3294- 25 -LRB099 20433 RLC 44932 b

1paragraph (3) to an inmate unless the inmate has served a
2minimum of 60 days of the sentence; except nothing in this
3paragraph shall be construed to permit the Director to extend
4an inmate's sentence beyond that which was imposed by the
5court. Prior to awarding credit under this paragraph (3), the
6Director shall make a written determination that the inmate:
7            (A) is eligible for the sentence credit;
8            (B) has served a minimum of 60 days, or as close to
9        60 days as the sentence will allow; and
10            (C) has met the eligibility criteria established
11        by rule.
12        The Director shall determine the form and content of
13    the written determination required in this subsection.
14        (3.5) The Department shall provide annual written
15    reports to the Governor and the General Assembly on the
16    award of sentence credit for good conduct, with the first
17    report due January 1, 2014. The Department must publish
18    both reports on its website within 48 hours of transmitting
19    the reports to the Governor and the General Assembly. The
20    reports must include:
21            (A) the number of inmates awarded sentence credit
22        for good conduct;
23            (B) the average amount of sentence credit for good
24        conduct awarded;
25            (C) the holding offenses of inmates awarded
26        sentence credit for good conduct; and

 

 

SB3294- 26 -LRB099 20433 RLC 44932 b

1            (D) the number of sentence credit for good conduct
2        revocations.
3        (4) The rules and regulations shall also provide that
4    the sentence credit accumulated and retained under
5    paragraph (2.1) of subsection (a) of this Section by any
6    inmate during specific periods of time in which such inmate
7    is engaged full-time in substance abuse programs,
8    correctional industry assignments, educational programs,
9    behavior modification programs, life skills courses, or
10    re-entry planning provided by the Department under this
11    paragraph (4) and satisfactorily completes the assigned
12    program as determined by the standards of the Department,
13    shall be multiplied by a factor of 1.25 for program
14    participation before August 11, 1993 and 1.50 for program
15    participation on or after that date. The rules and
16    regulations shall also provide that sentence credit,
17    subject to the same offense limits and multiplier provided
18    in this paragraph, may be provided to an inmate who was
19    held in pre-trial detention prior to his or her current
20    commitment to the Department of Corrections and
21    successfully completed a full-time, 60-day or longer
22    substance abuse program, educational program, behavior
23    modification program, life skills course, or re-entry
24    planning provided by the county department of corrections
25    or county jail. Calculation of this county program credit
26    shall be done at sentencing as provided in Section

 

 

SB3294- 27 -LRB099 20433 RLC 44932 b

1    5-4.5-100 of this Code and shall be included in the
2    sentencing order. However, no inmate shall be eligible for
3    the additional sentence credit under this paragraph (4) or
4    (4.1) of this subsection (a) while assigned to a boot camp
5    or electronic detention, or if convicted of an offense
6    enumerated in subdivision (a)(2)(i), (ii), or (iii) of this
7    Section that is committed on or after June 19, 1998 or
8    subdivision (a)(2)(iv) of this Section that is committed on
9    or after June 23, 2005 (the effective date of Public Act
10    94-71) or subdivision (a)(2)(v) of this Section that is
11    committed on or after August 13, 2007 (the effective date
12    of Public Act 95-134) or subdivision (a)(2)(vi) when the
13    offense is committed on or after June 1, 2008 (the
14    effective date of Public Act 95-625) or subdivision
15    (a)(2)(vii) when the offense is committed on or after July
16    23, 2010 (the effective date of Public Act 96-1224), or if
17    convicted of aggravated driving under the influence of
18    alcohol, other drug or drugs, or intoxicating compound or
19    compounds or any combination thereof as defined in
20    subparagraph (F) of paragraph (1) of subsection (d) of
21    Section 11-501 of the Illinois Vehicle Code, or if
22    convicted of aggravated driving under the influence of
23    alcohol, other drug or drugs, or intoxicating compound or
24    compounds or any combination thereof as defined in
25    subparagraph (C) of paragraph (1) of subsection (d) of
26    Section 11-501 of the Illinois Vehicle Code committed on or

 

 

SB3294- 28 -LRB099 20433 RLC 44932 b

1    after January 1, 2011 (the effective date of Public Act
2    96-1230), or if convicted of an offense enumerated in
3    paragraph (a)(2.4) of this Section that is committed on or
4    after July 15, 1999 (the effective date of Public Act
5    91-121), or first degree murder, a Class X felony that does
6    not qualify for day for day sentence credit under paragraph
7    (2.1) of this subsection (a), criminal sexual assault,
8    felony criminal sexual abuse that does not qualify for day
9    for day sentence credit under paragraph (2.1) of this
10    subsection (a), aggravated criminal sexual abuse that does
11    not qualify for day for day sentence credit under paragraph
12    (2.1) of this subsection (a), aggravated battery with a
13    firearm as described in Section 12-4.2 or subdivision
14    (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05, or
15    any predecessor or successor offenses with the same or
16    substantially the same elements that does not qualify for
17    day for day sentence credit under paragraph (2.1) of this
18    subsection (a), or any inchoate offenses relating to the
19    foregoing offenses that does not qualify for day for day
20    sentence credit under paragraph (2.1) of this subsection
21    (a). No inmate shall be eligible for the additional good
22    conduct credit under this paragraph (4) who (i) has
23    previously received increased good conduct credit under
24    this paragraph (4) and has subsequently been convicted of a
25    felony, or (ii) has previously served more than one prior
26    sentence of imprisonment for a felony in an adult

 

 

SB3294- 29 -LRB099 20433 RLC 44932 b

1    correctional facility.
2        Educational, vocational, substance abuse, behavior
3    modification programs, life skills courses, re-entry
4    planning, and correctional industry programs under which
5    sentence credit may be increased under this paragraph (4)
6    and paragraph (4.1) of this subsection (a) shall be
7    evaluated by the Department on the basis of documented
8    standards. The Department shall report the results of these
9    evaluations to the Governor and the General Assembly by
10    September 30th of each year. The reports shall include data
11    relating to the recidivism rate among program
12    participants.
13        Availability of these programs shall be subject to the
14    limits of fiscal resources appropriated by the General
15    Assembly for these purposes. Eligible inmates who are
16    denied immediate admission shall be placed on a waiting
17    list under criteria established by the Department. The
18    inability of any inmate to become engaged in any such
19    programs by reason of insufficient program resources or for
20    any other reason established under the rules and
21    regulations of the Department shall not be deemed a cause
22    of action under which the Department or any employee or
23    agent of the Department shall be liable for damages to the
24    inmate.
25        (4.1) The rules and regulations shall also provide that
26    an additional 90 days of sentence credit shall be awarded

 

 

SB3294- 30 -LRB099 20433 RLC 44932 b

1    to any prisoner who passes high school equivalency testing
2    while the prisoner is committed to the Department of
3    Corrections. The sentence credit awarded under this
4    paragraph (4.1) shall be in addition to, and shall not
5    affect, the award of sentence credit under any other
6    paragraph of this Section, but shall also be pursuant to
7    the guidelines and restrictions set forth in paragraph (4)
8    of subsection (a) of this Section. The sentence credit
9    provided for in this paragraph shall be available only to
10    those prisoners who have not previously earned a high
11    school diploma or a high school equivalency certificate.
12    If, after an award of the high school equivalency testing
13    sentence credit has been made, the Department determines
14    that the prisoner was not eligible, then the award shall be
15    revoked. The Department may also award 90 days of sentence
16    credit to any committed person who passed high school
17    equivalency testing while he or she was held in pre-trial
18    detention prior to the current commitment to the Department
19    of Corrections.
20        (4.5) The rules and regulations on sentence credit
21    shall also provide that when the court's sentencing order
22    recommends a prisoner for substance abuse treatment and the
23    crime was committed on or after September 1, 2003 (the
24    effective date of Public Act 93-354), the prisoner shall
25    receive no sentence credit awarded under clause (3) of this
26    subsection (a) unless he or she participates in and

 

 

SB3294- 31 -LRB099 20433 RLC 44932 b

1    completes a substance abuse treatment program. The
2    Director may waive the requirement to participate in or
3    complete a substance abuse treatment program and award the
4    sentence credit in specific instances if the prisoner is
5    not a good candidate for a substance abuse treatment
6    program for medical, programming, or operational reasons.
7    Availability of substance abuse treatment shall be subject
8    to the limits of fiscal resources appropriated by the
9    General Assembly for these purposes. If treatment is not
10    available and the requirement to participate and complete
11    the treatment has not been waived by the Director, the
12    prisoner shall be placed on a waiting list under criteria
13    established by the Department. The Director may allow a
14    prisoner placed on a waiting list to participate in and
15    complete a substance abuse education class or attend
16    substance abuse self-help meetings in lieu of a substance
17    abuse treatment program. A prisoner on a waiting list who
18    is not placed in a substance abuse program prior to release
19    may be eligible for a waiver and receive sentence credit
20    under clause (3) of this subsection (a) at the discretion
21    of the Director.
22        (4.6) The rules and regulations on sentence credit
23    shall also provide that a prisoner who has been convicted
24    of a sex offense as defined in Section 2 of the Sex
25    Offender Registration Act shall receive no sentence credit
26    unless he or she either has successfully completed or is

 

 

SB3294- 32 -LRB099 20433 RLC 44932 b

1    participating in sex offender treatment as defined by the
2    Sex Offender Management Board. However, prisoners who are
3    waiting to receive treatment, but who are unable to do so
4    due solely to the lack of resources on the part of the
5    Department, may, at the Director's sole discretion, be
6    awarded sentence credit at a rate as the Director shall
7    determine.
8        (5) Whenever the Department is to release any inmate
9    earlier than it otherwise would because of a grant of
10    sentence credit for good conduct under paragraph (3) of
11    subsection (a) of this Section given at any time during the
12    term, the Department shall give reasonable notice of the
13    impending release not less than 14 days prior to the date
14    of the release to the State's Attorney of the county where
15    the prosecution of the inmate took place, and if
16    applicable, the State's Attorney of the county into which
17    the inmate will be released. The Department must also make
18    identification information and a recent photo of the inmate
19    being released accessible on the Internet by means of a
20    hyperlink labeled "Community Notification of Inmate Early
21    Release" on the Department's World Wide Web homepage. The
22    identification information shall include the inmate's:
23    name, any known alias, date of birth, physical
24    characteristics, commitment offense and county where
25    conviction was imposed. The identification information
26    shall be placed on the website within 3 days of the

 

 

SB3294- 33 -LRB099 20433 RLC 44932 b

1    inmate's release and the information may not be removed
2    until either: completion of the first year of mandatory
3    supervised release or return of the inmate to custody of
4    the Department.
5    (b) Whenever a person is or has been committed under
6several convictions, with separate sentences, the sentences
7shall be construed under Section 5-8-4 in granting and
8forfeiting of sentence credit.
9    (c) The Department shall prescribe rules and regulations
10for revoking sentence credit, including revoking sentence
11credit awarded for good conduct under paragraph (3) of
12subsection (a) of this Section. The Department shall prescribe
13rules and regulations for suspending or reducing the rate of
14accumulation of sentence credit for specific rule violations,
15during imprisonment. These rules and regulations shall provide
16that no inmate may be penalized more than one year of sentence
17credit for any one infraction.
18    When the Department seeks to revoke, suspend or reduce the
19rate of accumulation of any sentence credits for an alleged
20infraction of its rules, it shall bring charges therefor
21against the prisoner sought to be so deprived of sentence
22credits before the Prisoner Review Board as provided in
23subparagraph (a)(4) of Section 3-3-2 of this Code, if the
24amount of credit at issue exceeds 30 days or when during any 12
25month period, the cumulative amount of credit revoked exceeds
2630 days except where the infraction is committed or discovered

 

 

SB3294- 34 -LRB099 20433 RLC 44932 b

1within 60 days of scheduled release. In those cases, the
2Department of Corrections may revoke up to 30 days of sentence
3credit. The Board may subsequently approve the revocation of
4additional sentence credit, if the Department seeks to revoke
5sentence credit in excess of 30 days. However, the Board shall
6not be empowered to review the Department's decision with
7respect to the loss of 30 days of sentence credit within any
8calendar year for any prisoner or to increase any penalty
9beyond the length requested by the Department.
10    The Director of the Department of Corrections, in
11appropriate cases, may restore up to 30 days of sentence
12credits which have been revoked, suspended or reduced. Any
13restoration of sentence credits in excess of 30 days shall be
14subject to review by the Prisoner Review Board. However, the
15Board may not restore sentence credit in excess of the amount
16requested by the Director.
17    Nothing contained in this Section shall prohibit the
18Prisoner Review Board from ordering, pursuant to Section
193-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
20sentence imposed by the court that was not served due to the
21accumulation of sentence credit.
22    (d) If a lawsuit is filed by a prisoner in an Illinois or
23federal court against the State, the Department of Corrections,
24or the Prisoner Review Board, or against any of their officers
25or employees, and the court makes a specific finding that a
26pleading, motion, or other paper filed by the prisoner is

 

 

SB3294- 35 -LRB099 20433 RLC 44932 b

1frivolous, the Department of Corrections shall conduct a
2hearing to revoke up to 180 days of sentence credit by bringing
3charges against the prisoner sought to be deprived of the
4sentence credits before the Prisoner Review Board as provided
5in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
6prisoner has not accumulated 180 days of sentence credit at the
7time of the finding, then the Prisoner Review Board may revoke
8all sentence credit accumulated by the prisoner.
9    For purposes of this subsection (d):
10        (1) "Frivolous" means that a pleading, motion, or other
11    filing which purports to be a legal document filed by a
12    prisoner in his or her lawsuit meets any or all of the
13    following criteria:
14            (A) it lacks an arguable basis either in law or in
15        fact;
16            (B) it is being presented for any improper purpose,
17        such as to harass or to cause unnecessary delay or
18        needless increase in the cost of litigation;
19            (C) the claims, defenses, and other legal
20        contentions therein are not warranted by existing law
21        or by a nonfrivolous argument for the extension,
22        modification, or reversal of existing law or the
23        establishment of new law;
24            (D) the allegations and other factual contentions
25        do not have evidentiary support or, if specifically so
26        identified, are not likely to have evidentiary support

 

 

SB3294- 36 -LRB099 20433 RLC 44932 b

1        after a reasonable opportunity for further
2        investigation or discovery; or
3            (E) the denials of factual contentions are not
4        warranted on the evidence, or if specifically so
5        identified, are not reasonably based on a lack of
6        information or belief.
7        (2) "Lawsuit" means a motion pursuant to Section 116-3
8    of the Code of Criminal Procedure of 1963, a habeas corpus
9    action under Article X of the Code of Civil Procedure or
10    under federal law (28 U.S.C. 2254), a petition for claim
11    under the Court of Claims Act, an action under the federal
12    Civil Rights Act (42 U.S.C. 1983), or a second or
13    subsequent petition for post-conviction relief under
14    Article 122 of the Code of Criminal Procedure of 1963
15    whether filed with or without leave of court or a second or
16    subsequent petition for relief from judgment under Section
17    2-1401 of the Code of Civil Procedure.
18    (e) Nothing in Public Act 90-592 or 90-593 affects the
19validity of Public Act 89-404.
20    (f) Whenever the Department is to release any inmate who
21has been convicted of a violation of an order of protection
22under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
23the Criminal Code of 2012, earlier than it otherwise would
24because of a grant of sentence credit, the Department, as a
25condition of release, shall require that the person, upon
26release, be placed under electronic surveillance as provided in

 

 

SB3294- 37 -LRB099 20433 RLC 44932 b

1Section 5-8A-7 of this Code.
2(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275,
3eff. 1-1-16; revised 10-19-15.)
 
4    (730 ILCS 5/3-14-2)  (from Ch. 38, par. 1003-14-2)
5    Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
6Release and Release by Statute.
7    (a) The Department shall retain custody of all persons
8placed on parole or mandatory supervised release or released
9pursuant to Section 3-3-10 of this Code and shall supervise
10such persons during their parole or release period in accord
11with the conditions set by the Prisoner Review Board or
12conditions of parole, aftercare release, or mandatory
13supervised release under Section 3-3-7 of this Code. The Such
14conditions shall include referral to an alcohol or drug abuse
15treatment program, as appropriate, if the such person has
16previously been identified as having an alcohol or drug abuse
17problem. Such conditions may include that the person use an
18approved electronic monitoring device subject to Article 8A of
19Chapter V.
20    (b) The Department shall assign personnel to assist persons
21eligible for parole in preparing a parole plan. Such Department
22personnel shall make a report of their efforts and findings to
23the Prisoner Review Board prior to its consideration of the
24case of such eligible person.
25    (c) A copy of the conditions of his parole or release shall

 

 

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1be signed by the parolee or releasee and given to him and to
2his supervising officer who shall report on his progress under
3the rules and regulations of the Prisoner Review Board. The
4supervising officer shall report violations to the Prisoner
5Review Board and shall have the full power of peace officers in
6the arrest and retaking of any parolees or releasees or the
7officer may request the Department to issue a warrant for the
8arrest of any parolee or releasee who has allegedly violated
9his parole or release conditions.
10    (c-1) The supervising officer shall request the Department
11to issue a parole violation warrant, and the Department shall
12issue a parole violation warrant, under the following
13circumstances:
14        (1) if the parolee or releasee commits an act that
15    constitutes a felony using a firearm or knife,
16        (2) if applicable, fails to comply with the
17    requirements of the Sex Offender Registration Act,
18        (3) if the parolee or releasee is charged with:
19            (A) a felony offense of domestic battery under
20        Section 12-3.2 of the Criminal Code of 1961 or the
21        Criminal Code of 2012,
22            (B) aggravated domestic battery under Section
23        12-3.3 of the Criminal Code of 1961 or the Criminal
24        Code of 2012,
25            (C) stalking under Section 12-7.3 of the Criminal
26        Code of 1961 or the Criminal Code of 2012,

 

 

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1            (D) aggravated stalking under Section 12-7.4 of
2        the Criminal Code of 1961 or the Criminal Code of 2012,
3            (E) violation of an order of protection under
4        Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
5        the Criminal Code of 2012, or
6            (F) any offense that would require registration as
7        a sex offender under the Sex Offender Registration Act,
8        or
9        (4) if the parolee or releasee is on parole or
10    mandatory supervised release for a murder, a Class X felony
11    or a Class 1 felony violation of the Criminal Code of 1961
12    or the Criminal Code of 2012, or any felony that requires
13    registration as a sex offender under the Sex Offender
14    Registration Act and commits an act that constitutes first
15    degree murder, a Class X felony, a Class 1 felony, a Class
16    2 felony, or a Class 3 felony.
17     A sheriff or other peace officer may detain an alleged
18parole or release violator until a warrant for his return to
19the Department can be issued. The parolee or releasee may be
20delivered to any secure place until he can be transported to
21the Department. The officer or the Department shall file a
22violation report with notice of charges with the Prisoner
23Review Board.
24    (d) The supervising officer shall regularly advise and
25consult with the parolee or releasee, assist him in adjusting
26to community life, inform him of the restoration of his rights

 

 

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1on successful completion of sentence under Section 5-5-5. If
2the parolee or releasee has been convicted of a sex offense as
3defined in the Sex Offender Management Board Act, the
4supervising officer shall periodically, but not less than once
5a month, verify that the parolee or releasee is in compliance
6with paragraph (7.6) of subsection (a) of Section 3-3-7.
7    (e) Supervising officers shall receive specialized
8training in the special needs of female releasees or parolees
9including the family reunification process.
10    (f) The supervising officer shall keep such records as the
11Prisoner Review Board or Department may require. All records
12shall be entered in the master file of the individual.
13(Source: P.A. 96-282, eff. 1-1-10; 96-1447, eff. 8-20-10;
1497-389, eff. 8-15-11; 97-1150, eff. 1-25-13.)