Full Text of HB6786 93rd General Assembly
HB6786 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB6786
Introduced 2/9/2004, by Rep. Careen Gordon - John E. Bradley - Eileen Lyons - James D. Brosnahan SYNOPSIS AS INTRODUCED: |
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730 ILCS 5/3-3-7 |
from Ch. 38, par. 1003-3-7 |
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Amends the Unified Code of Corrections. Establishes various conditions of parole and mandatory supervised release required of registered sex offenders. Effective January 1, 2005.
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A BILL FOR
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HB6786 |
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LRB093 16186 RLC 41819 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Unified Code of Corrections is amended by | 5 |
| changing 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 or Mandatory Supervised | 8 |
| Release.
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| (a) The conditions of parole or mandatory
supervised | 10 |
| release shall be such as the Prisoner Review
Board deems | 11 |
| necessary to assist the subject in leading a
law-abiding life. | 12 |
| The conditions of every parole and mandatory
supervised release | 13 |
| are that the subject:
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| (1) not violate any criminal statute of any | 15 |
| jurisdiction
during the parole or release term;
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| (2) refrain from possessing a firearm or other | 17 |
| dangerous
weapon;
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| (3) report to an agent of the Department of | 19 |
| Corrections;
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| (4) permit the agent to visit him or her at his or her | 21 |
| home, employment,
or
elsewhere to the
extent necessary for | 22 |
| the agent to discharge his or her duties;
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| (5) attend or reside in a facility established for the | 24 |
| instruction or
residence
of persons on
parole or mandatory | 25 |
| supervised release;
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| (6) secure permission before visiting or writing a | 27 |
| committed person in an
Illinois Department
of Corrections | 28 |
| facility;
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| (7) report all arrests to an agent of the Department of | 30 |
| Corrections as
soon as
permitted by the
arresting authority | 31 |
| but in no event later than 24 hours after release from
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| custody;
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| (7.5) if convicted of a sex offense as defined in the | 2 |
| Sex Offender
Management Board Act, the individual shall | 3 |
| undergo and successfully complete
sex offender treatment | 4 |
| conducted in conformance with the standards developed by
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| the Sex
Offender Management Board Act by a treatment | 6 |
| provider approved by the Board;
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| (8) obtain permission of an agent of the Department of | 8 |
| Corrections before
leaving the
State of Illinois;
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| (9) obtain permission of an agent of the Department of | 10 |
| Corrections before
changing
his or her residence or | 11 |
| employment;
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| (10) consent to a search of his or her person, | 13 |
| property, or residence
under his or her
control;
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| (11) refrain from the use or possession of narcotics or | 15 |
| other controlled
substances in
any form, or both, or any | 16 |
| paraphernalia related to those substances and submit
to a
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| urinalysis test as instructed by a parole agent of the | 18 |
| Department of
Corrections;
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| (12) not frequent places where controlled substances | 20 |
| are illegally sold,
used,
distributed, or administered;
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| (13) not knowingly associate with other persons on | 22 |
| parole or mandatory
supervised
release without prior | 23 |
| written permission of his or her parole agent and not
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| 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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| (14) provide true and accurate information, as it | 28 |
| relates to his or her
adjustment in the
community while on | 29 |
| parole or mandatory supervised release or to his or her
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| conduct
while incarcerated, in response to inquiries by his | 31 |
| or her parole agent or of
the
Department of Corrections; | 32 |
| and
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| (15) follow any specific instructions provided by the | 34 |
| parole agent that
are consistent
with furthering | 35 |
| conditions set and approved by the Prisoner Review Board or | 36 |
| by
law,
exclusive of placement on electronic detention, to |
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HB6786 |
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LRB093 16186 RLC 41819 b |
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| achieve the goals and
objectives of his
or her parole or | 2 |
| mandatory supervised release or to protect the public. | 3 |
| These
instructions by the parole agent may be modified at | 4 |
| any time, as the agent
deems
appropriate.
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| (a-1) In addition to the conditions set forth in subsection | 6 |
| (a), persons required to register as sex offenders under the | 7 |
| Sex Offender Registration Act, upon release from the custody of | 8 |
| the Illinois Department of Corrections, shall comply with the | 9 |
| following conditions of release: | 10 |
| (1) not leave the State without the consent of
the | 11 |
| Department; | 12 |
| (2) at the direction of the Department, notify
third | 13 |
| parties of the risks that may be occasioned by his or her | 14 |
| criminal record or sexual offending history or | 15 |
| characteristics, and permit the supervising officer or | 16 |
| agent to make the notification requirement; | 17 |
| (3) attend and fully participate in assessment,
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| treatment, and behavior monitoring including, but not | 19 |
| limited to, medical, psychological or psychiatric | 20 |
| treatment specific to sexual offending, drug addiction, or | 21 |
| alcoholism, to the extent appropriate to the person based | 22 |
| upon the recommendation and findings made in the Department | 23 |
| evaluation or based upon any subsequent recommendations by | 24 |
| the Department; | 25 |
| (4) waive confidentiality allowing the Department | 26 |
| access to assessment or treatment results or both; | 27 |
| (5) work regularly at a Department approved
occupation | 28 |
| or pursue a course of study or vocational training and | 29 |
| notify the Department within 72 hours of any change in | 30 |
| employment, study, or training; | 31 |
| (6) not be employed or participate in any
volunteer | 32 |
| activity that involves contact with children, except under | 33 |
| circumstances approved in advance and in writing by the | 34 |
| Department officer; | 35 |
| (7) submit to the search of his or her person,
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| residence, vehicle, or any personal or real property under |
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| his or her control at any time by the Department; | 2 |
| (8) financially support his or her dependents
and | 3 |
| provide the Department access to any requested financial | 4 |
| information; | 5 |
| (9) if ordered by the Prisoner Review Board, serve a | 6 |
| term of home confinement, the
conditions of which shall be | 7 |
| that the person: | 8 |
| (A)
admit any person designated by the Department | 9 |
| into the offender's place of confinement at any time | 10 |
| for purposes of verifying the person's compliance with | 11 |
| the condition of his or her confinement; and | 12 |
| (B) if deemed necessary by the Department,
be | 13 |
| placed on an electronic monitoring device; | 14 |
| (10) comply with the terms and conditions of an
order | 15 |
| of protection issued by the court pursuant to the Illinois | 16 |
| Domestic Violence Act of 1986. A copy of the order of | 17 |
| protection shall be transmitted to the Department by the | 18 |
| clerk of the court; | 19 |
| (11) refrain from entering into a designated
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| geographic area except upon terms the Department finds | 21 |
| appropriate. The terms may include consideration of the | 22 |
| purpose of the entry, the time of day, others accompanying | 23 |
| the person, and advance approval by the Department; | 24 |
| (12) refrain from having any contact, including
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| written or oral communications, directly or indirectly, | 26 |
| with certain specified persons including, but not limited | 27 |
| to, the victim or the victim's family, and report any | 28 |
| incidental contact with the victim or the victim's family | 29 |
| to the Department within 72 hours; refrain from entering | 30 |
| onto the premises of, traveling past, or loitering near the | 31 |
| victim's residence, place of employment, or other places | 32 |
| frequented by the victim; | 33 |
| (13) refrain from having any contact, including
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| written or oral communications, directly or indirectly, | 35 |
| with particular types of persons, including but not limited | 36 |
| to members of street gangs, drug users, drug dealers, or |
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| prostitutes; | 2 |
| (14) refrain from all contact, direct or
indirect, | 3 |
| personally, by telephone, letter, or through another | 4 |
| person, with minor children without prior identification | 5 |
| and approval of the Department; | 6 |
| (15) refrain from having in his or her body the
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| presence of alcohol or any illicit drug prohibited by the | 8 |
| Cannabis Control Act or the Illinois Controlled Substances | 9 |
| Act, unless prescribed by a physician, and submit samples | 10 |
| of his or her breath, saliva, blood, or urine for tests to | 11 |
| determine the presence of alcohol or any illicit drug; | 12 |
| (16) not establish a dating, intimate, or sexual
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| relationship with a person without prior written | 14 |
| notification to the Department; | 15 |
| (17) neither possess or have under his or her
control | 16 |
| any material that is pornographic, sexually oriented, or | 17 |
| sexually stimulating, or that depicts or alludes to sexual | 18 |
| activity or depicts minors under the age of 18, including | 19 |
| but not limited to visual, auditory, telephonic, | 20 |
| electronic media, or any matter obtained through access to | 21 |
| any computer or material linked to computer access use; | 22 |
| (18) not patronize any business providing
sexually | 23 |
| stimulating or sexually oriented entertainment nor utilize | 24 |
| "900" or adult telephone numbers or any other sex-related | 25 |
| telephone numbers; | 26 |
| (19) not reside near, visit, or be in or about
parks, | 27 |
| schools, day care centers, swimming pools, beaches, | 28 |
| theaters, or any other places where minor children | 29 |
| congregate without advance approval of the Department and | 30 |
| report any incidental contact with minor children to the | 31 |
| Department within 72 hours; | 32 |
| (20) not establish any living arrangement or
residence | 33 |
| without prior approval of the Department; | 34 |
| (21) not publish any materials or print any
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| advertisements without providing a copy of the proposed | 36 |
| publications to the Department officer and obtaining |
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| permission prior to publication; | 2 |
| (22) not leave the county except with prior
permission | 3 |
| of the Department and provide the Department officer or | 4 |
| agent with written travel routes to and from work and any | 5 |
| other designated destinations; | 6 |
| (23) not possess or have under his or her control
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| certain specified items of contraband related to the | 8 |
| incidence of sexually offending items including video or | 9 |
| still camera items or children's toys; | 10 |
| (24) provide a written daily log of activities
as | 11 |
| directed by the Department; | 12 |
| (25) comply with all other special conditions
that the | 13 |
| Department may impose that restrict the person from | 14 |
| high-risk situations and limit access or potential | 15 |
| victims. | 16 |
| (a-2) A person required to register as a sex offender under | 17 |
| the Sex Offender Registration Act who is placed on parole or | 18 |
| mandatory supervised release and who
during the term undergoes | 19 |
| mandatory drug or alcohol testing or is assigned to be placed | 20 |
| on an approved electronic monitoring device may be ordered to | 21 |
| pay all costs incidental to the mandatory drug or alcohol | 22 |
| testing and all costs incidental to the approved electronic | 23 |
| monitoring in accordance with the person's ability to pay those | 24 |
| costs. The Department may establish reasonable fees for the | 25 |
| cost of maintenance, testing, and incidental expenses related | 26 |
| to the mandatory drug or alcohol testing and all costs | 27 |
| incidental to approved electronic monitoring.
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| (b) The Board may in addition to other conditions
require | 29 |
| that the subject:
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| (1) work or pursue a course of study or vocational | 31 |
| training;
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| (2) undergo medical or psychiatric treatment, or | 33 |
| treatment
for drug addiction or alcoholism;
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| (3) attend or reside in a facility established for the
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| instruction or residence of persons on probation or parole;
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| (4) support his dependents;
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HB6786 |
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LRB093 16186 RLC 41819 b |
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| (5) (blank);
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| (6) (blank);
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| (7) comply with the terms and conditions of an order of | 4 |
| protection
issued pursuant to the Illinois Domestic | 5 |
| Violence Act of 1986, enacted by the
84th General Assembly, | 6 |
| or an order of protection issued by the court of another
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| state, tribe, or United States territory; and
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| (8) in addition, if a minor:
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| (i) reside with his parents or in a foster home;
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| (ii) attend school;
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| (iii) attend a non-residential program for youth; | 12 |
| or
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| (iv) contribute to his own support at home or in a | 14 |
| foster
home.
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| (c) The conditions under which the parole or mandatory
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| supervised release is to be served shall be communicated to
the | 17 |
| person in writing prior to his release, and he shall
sign the | 18 |
| same before release. A signed copy of these conditions,
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| including a copy of an order of protection where one had been | 20 |
| issued by the
criminal court, shall be retained by the person | 21 |
| and another copy forwarded to
the officer in charge of his | 22 |
| supervision.
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| (d) After a hearing under Section 3-3-9, the Prisoner
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| Review Board may modify or enlarge the conditions of parole
or | 25 |
| mandatory supervised release.
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| (e) The Department shall inform all offenders committed to
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| the Department of the optional services available to them
upon | 28 |
| release and shall assist inmates in availing themselves
of such | 29 |
| optional services upon their release on a voluntary
basis.
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| (Source: P.A. 92-460, eff. 1-1-02; 93-616, eff. 1-1-04.)
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| Section 99. Effective date. This Act takes effect January | 32 |
| 1, 2005.
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