Illinois General Assembly - Full Text of HB4222
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Full Text of HB4222  94th General Assembly


Sen. William R. Haine

Filed: 3/14/2006





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2     AMENDMENT NO. ______. Amend House Bill 4222, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
5     "Section 5. The Criminal Identification Act is amended by
6 changing Section 8 as follows:
7     (20 ILCS 2630/8)  (from Ch. 38, par. 206-8)
8     Sec. 8. Crime statistics; sex offenders.
9     (a) The Department shall be a central repository and
10 custodian of crime statistics for the State and it shall have
11 all power incident thereto to carry out the purposes of this
12 Act, including the power to demand and receive cooperation in
13 the submission of crime statistics from all units of
14 government. On an annual basis, the Illinois Criminal Justice
15 Information Authority shall make available compilations
16 published by the Authority of crime statistics required to be
17 reported by each policing body of the State, the clerks of the
18 circuit court of each county, the Illinois Department of
19 Corrections, the Sheriff of each county, and the State's
20 Attorney of each county, including, but not limited to,
21 criminal arrest, charge and disposition information.
22     (b) The Department shall develop information relating to
23 the number of sex offenders and sexual predators as defined in
24 Section 2 of the Sex Offender Registration Act who are placed



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1 on parole, mandatory supervised release, or extended mandatory
2 supervised release and who are subject to electronic
3 monitoring.
4 (Source: P.A. 86-701.)
5     Section 10. The Unified Code of Corrections is amended by
6 changing Section 3-3-7 and by adding Section 5-8A-6 as follows:
7     (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
8     Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
9 Release.
10     (a) The conditions of parole or mandatory supervised
11 release shall be such as the Prisoner Review Board deems
12 necessary to assist the subject in leading a law-abiding life.
13 The conditions of every parole and mandatory supervised release
14 are that the subject:
15         (1) not violate any criminal statute of any
16     jurisdiction during the parole or release term;
17         (2) refrain from possessing a firearm or other
18     dangerous weapon;
19         (3) report to an agent of the Department of
20     Corrections;
21         (4) permit the agent to visit him or her at his or her
22     home, employment, or elsewhere to the extent necessary for
23     the agent to discharge his or her duties;
24         (5) attend or reside in a facility established for the
25     instruction or residence of persons on parole or mandatory
26     supervised release;
27         (6) secure permission before visiting or writing a
28     committed person in an Illinois Department of Corrections
29     facility;
30         (7) report all arrests to an agent of the Department of
31     Corrections as soon as permitted by the arresting authority
32     but in no event later than 24 hours after release from



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1     custody;
2         (7.5) if convicted of a sex offense as defined in the
3     Sex Offender Management Board Act, the individual shall
4     undergo and successfully complete sex offender treatment
5     conducted in conformance with the standards developed by
6     the Sex Offender Management Board Act by a treatment
7     provider approved by the Board;
8         (7.6) if convicted of a sex offense as defined in the
9     Sex Offender Management Board Act, refrain from residing at
10     the same address or in the same condominium unit or
11     apartment unit or in the same condominium complex or
12     apartment complex with another person he or she knows or
13     reasonably should know is a convicted sex offender or has
14     been placed on supervision for a sex offense; the
15     provisions of this paragraph do not apply to a person
16     convicted of a sex offense who is placed in a Department of
17     Corrections licensed transitional housing facility for sex
18     offenders, or is in any facility operated or licensed by
19     the Department of Children and Family Services or by the
20     Department of Human Services, or is in any licensed medical
21     facility;
22         (7.7) if convicted for an offense that would qualify
23     the accused as a sexual predator under the Sex Offender
24     Registration Act on or after the effective date of this
25     amendatory Act of the 94th General Assembly, wear an
26     approved electronic monitoring device as defined in
27     Section 5-8A-2 for the duration of the person's parole,
28     mandatory supervised release term, or extended mandatory
29     supervised release term, provided funding is appropriated
30     by the General Assembly;
31         (8) obtain permission of an agent of the Department of
32     Corrections before leaving the State of Illinois;
33         (9) obtain permission of an agent of the Department of
34     Corrections before changing his or her residence or



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1     employment;
2         (10) consent to a search of his or her person,
3     property, or residence under his or her control;
4         (11) refrain from the use or possession of narcotics or
5     other controlled substances in any form, or both, or any
6     paraphernalia related to those substances and submit to a
7     urinalysis test as instructed by a parole agent of the
8     Department of Corrections;
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 or mandatory supervised release without prior
13     written permission of his or her parole agent and not
14     associate with persons who are members of an organized gang
15     as that term is defined in the Illinois Streetgang
16     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 or mandatory supervised release or to his or her
20     conduct while incarcerated, in response to inquiries by his
21     or her parole agent or of the Department of Corrections;
22         (15) follow any specific instructions provided by the
23     parole agent that are consistent with furthering
24     conditions set and approved by the Prisoner Review Board or
25     by law, exclusive of placement on electronic detention, to
26     achieve the goals and objectives of his or her parole or
27     mandatory supervised release or to protect the public.
28     These instructions by the parole agent may be modified at
29     any time, as the agent deems appropriate; and
30         (16) if convicted of a sex offense as defined in
31     subsection (a-5) of Section 3-1-2 of this Code, unless the
32     offender is a parent or guardian of the person under 18
33     years of age present in the home and no non-familial minors
34     are present, not participate in a holiday event involving



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1     children under 18 years of age, such as distributing candy
2     or other items to children on Halloween, wearing a Santa
3     Claus costume on or preceding Christmas, being employed as
4     a department store Santa Claus, or wearing an Easter Bunny
5     costume on or preceding Easter.
6     (b) The Board may in addition to other conditions require
7 that the subject:
8         (1) work or pursue a course of study or vocational
9     training;
10         (2) undergo medical or psychiatric treatment, or
11     treatment for drug addiction or alcoholism;
12         (3) attend or reside in a facility established for the
13     instruction or residence of persons on probation or parole;
14         (4) support his dependents;
15         (5) (blank);
16         (6) (blank);
17         (7) comply with the terms and conditions of an order of
18     protection issued pursuant to the Illinois Domestic
19     Violence Act of 1986, enacted by the 84th General Assembly,
20     or an order of protection issued by the court of another
21     state, tribe, or United States territory; and
22         (8) in addition, if a minor:
23             (i) reside with his parents or in a foster home;
24             (ii) attend school;
25             (iii) attend a non-residential program for youth;
26         or
27             (iv) contribute to his own support at home or in a
28         foster home.
29     (b-1) In addition to the conditions set forth in
30 subsections (a) and (b), persons required to register as sex
31 offenders pursuant to the Sex Offender Registration Act, upon
32 release from the custody of the Illinois Department of
33 Corrections, may be required by the Board to comply with the
34 following specific conditions of release:



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1         (1) reside only at a Department approved location;
2         (2) comply with all requirements of the Sex Offender
3     Registration Act;
4         (3) notify third parties of the risks that may be
5     occasioned by his or her criminal record;
6         (4) obtain the approval of an agent of the Department
7     of Corrections prior to accepting employment or pursuing a
8     course of study or vocational training and notify the
9     Department prior to any change in employment, study, or
10     training;
11         (5) not be employed or participate in any volunteer
12     activity that involves contact with children, except under
13     circumstances approved in advance and in writing by an
14     agent of the Department of Corrections;
15         (6) be electronically monitored for a minimum of 12
16     months from the date of release as determined by the Board;
17         (7) refrain from entering into a designated geographic
18     area except upon terms approved in advance by an agent of
19     the Department of Corrections. The terms may include
20     consideration of the purpose of the entry, the time of day,
21     and others accompanying the person;
22         (8) refrain from having any contact, including written
23     or oral communications, directly or indirectly, personally
24     or by telephone, letter, or through a third party with
25     certain specified persons including, but not limited to,
26     the victim or the victim's family without the prior written
27     approval of an agent of the Department of Corrections;
28         (9) refrain from all contact, directly or indirectly,
29     personally, by telephone, letter, or through a third party,
30     with minor children without prior identification and
31     approval of an agent of the Department of Corrections;
32         (10) neither possess or have under his or her control
33     any material that is sexually oriented, sexually
34     stimulating, or that shows male or female sex organs or any



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1     pictures depicting children under 18 years of age nude or
2     any written or audio material describing sexual
3     intercourse or that depicts or alludes to sexual activity,
4     including but not limited to visual, auditory, telephonic,
5     or electronic media, or any matter obtained through access
6     to any computer or material linked to computer access use;
7         (11) not patronize any business providing sexually
8     stimulating or sexually oriented entertainment nor utilize
9     "900" or adult telephone numbers;
10         (12) not reside near, visit, or be in or about parks,
11     schools, day care centers, swimming pools, beaches,
12     theaters, or any other places where minor children
13     congregate without advance approval of an agent of the
14     Department of Corrections and immediately report any
15     incidental contact with 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;
20         (14) may be required to provide a written daily log of
21     activities if directed by an agent of the Department of
22     Corrections;
23         (15) comply with all other special conditions that the
24     Department may impose that restrict the person from
25     high-risk situations and limit access to potential
26     victims.
27     (c) The conditions under which the parole or mandatory
28 supervised release is to be served shall be communicated to the
29 person in writing prior to his release, and he shall sign the
30 same before release. A signed copy of these conditions,
31 including a copy of an order of protection where one had been
32 issued by the criminal court, shall be retained by the person
33 and another copy forwarded to the officer in charge of his
34 supervision.



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1     (d) After a hearing under Section 3-3-9, the Prisoner
2 Review Board may modify or enlarge the conditions of parole or
3 mandatory supervised release.
4     (e) The Department shall inform all offenders committed to
5 the Department of the optional services available to them upon
6 release and shall assist inmates in availing themselves of such
7 optional services upon their release on a voluntary basis.
8 (Source: P.A. 93-616, eff. 1-1-04; 93-865, eff. 1-1-05; 94-159,
9 eff. 7-11-05; 94-161, eff. 7-11-05; revised 8-19-05.)
10     (730 ILCS 5/5-8A-6 new)
11     Sec. 5-8A-6. Electronic monitoring of certain sex
12 offenders. For a sexual predator subject to electronic home
13 monitoring under paragraph (7.7) of subsection (a) of Section
14 3-3-7, the Department of Corrections must use a system that
15 actively monitors and identifies the offender's current
16 location and timely reports or records the offender's presence
17 and that alerts the Department of the offender's presence
18 within a prohibited area described in Sections 11-9.3 and
19 11-9.4 of the Criminal Code of 1961, in a court order, or as a
20 condition of the offender's parole, mandatory supervised
21 release, or extended mandatory supervised release and the
22 offender's departure from specified geographic limitations,
23 provided funding is appropriated by the General Assembly for
24 this purpose.
25     Section 15. The Sex Offender Registration Act is amended by
26 changing Sections 6, 8-5, and 10 as follows:
27     (730 ILCS 150/6)  (from Ch. 38, par. 226)
28     Sec. 6. Duty to report; change of address, school, or
29 employment; duty to inform. A person who has been adjudicated
30 to be sexually dangerous or is a sexually violent person and is
31 later released, or found to be no longer sexually dangerous or



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1 no longer a sexually violent person and discharged, or
2 convicted of a violation of this Act after July 1, 2005, shall
3 report in person to the law enforcement agency with whom he or
4 she last registered no later than 90 days after the date of his
5 or her last registration and every 90 days thereafter and at
6 such other times at the request of the law enforcement agency
7 not to exceed 4 times a year. Any person who lacks a fixed
8 residence must report weekly, in person, to the appropriate law
9 enforcement agency where the sex offender is located. Any other
10 person who is required to register under this Article shall
11 report in person to the appropriate law enforcement agency with
12 whom he or she last registered within 6 months one year from
13 the date of last registration and every 6 months year
14 thereafter and at such other times at the request of the law
15 enforcement agency not to exceed 4 times a year. If any person
16 required to register under this Article lacks a fixed residence
17 or temporary domicile, he or she must notify, in person, the
18 agency of jurisdiction of his or her last known address within
19 5 days after ceasing to have a fixed residence and if the
20 offender leaves the last jurisdiction of residence, he or she,
21 must within 48 hours after leaving register in person with the
22 new agency of jurisdiction. If any other person required to
23 register under this Article changes his or her residence
24 address, place of employment, or school, he or she shall report
25 in person to 5 the law enforcement agency with whom he or she
26 last registered of his or her new address, change in
27 employment, or school and register, in person, with the
28 appropriate law enforcement agency within the time period
29 specified in Section 3. The law enforcement agency shall,
30 within 3 days of the reporting in person by the person required
31 to register under this Article, notify the Department of State
32 Police of the new place of residence, change in employment, or
33 school.
34     If any person required to register under this Article



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1 intends to establish a residence or employment outside of the
2 State of Illinois, at least 10 days before establishing that
3 residence or employment, he or she shall report in person to
4 the law enforcement agency with which he or she last registered
5 of his or her out-of-state intended residence or employment.
6 The law enforcement agency with which such person last
7 registered shall, within 3 days after the reporting in person
8 of the person required to register under this Article of an
9 address or employment change, notify the Department of State
10 Police. The Department of State Police shall forward such
11 information to the out-of-state law enforcement agency having
12 jurisdiction in the form and manner prescribed by the
13 Department of State Police.
14 (Source: P.A. 93-977, eff. 8-20-04; 94-166, eff. 1-1-06;
15 94-168, eff. 1-1-06; revised 8-19-05.)
16     (730 ILCS 150/8-5)
17     Sec. 8-5. Verification requirements.
18     (a) Address verification. The agency having jurisdiction
19 shall verify the address of sex offenders, as defined in
20 Section 2 of this Act, or sexual predators required to register
21 with their agency at least once per year. The verification must
22 be documented in LEADS in the form and manner required by the
23 Department of State Police.
24     (b) Registration verification. The supervising officer
25 shall, within 15 days of sentencing to probation or release
26 from an Illinois Department of Corrections facility, contact
27 the law enforcement agency in the jurisdiction in which the sex
28 offender or sexual predator designated as his or her intended
29 residence and verify compliance with the requirements of this
30 Act. Revocation proceedings shall be immediately commenced
31 against a sex offender or sexual predator on probation, parole,
32 or mandatory supervised release who fails to comply with the
33 requirements of this Act.



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1     (c) In an effort to ensure that sexual predators and sex
2 offenders who fail to respond to address-verification attempts
3 or who otherwise abscond from registration are located in a
4 timely manner, the Department of State Police shall share
5 information with local law enforcement agencies. The
6 Department shall use analytical resources to assist local law
7 enforcement agencies to determine the potential whereabouts of
8 any sexual predator or sex offender who fails to respond to
9 address-verification attempts or who otherwise absconds from
10 registration. The Department shall review and analyze all
11 available information concerning any such predator or offender
12 who fails to respond to address-verification attempts or who
13 otherwise absconds from registration and provide the
14 information to local law enforcement agencies in order to
15 assist the agencies in locating and apprehending the sexual
16 predator or sex offender.
17 (Source: P.A. 92-828, eff. 8-22-02; 93-979, eff. 8-20-04.)
18     (730 ILCS 150/10)  (from Ch. 38, par. 230)
19     Sec. 10. Penalty.
20     (a) Any person who is required to register under this
21 Article who violates any of the provisions of this Article and
22 any person who is required to register under this Article who
23 seeks to change his or her name under Article 21 of the Code of
24 Civil Procedure is guilty of a Class 3 felony. Any person who
25 is convicted for a violation of this Act for a second or
26 subsequent time is guilty of a Class 2 felony. Any person who
27 is required to register under this Article who knowingly or
28 wilfully gives material information required by this Article
29 that is false is guilty of a Class 3 felony. Any person
30 convicted of a violation of any provision of this Article
31 shall, in addition to any other penalty required by law, be
32 required to serve a minimum period of 7 days confinement in the
33 local county jail. The court shall impose a mandatory minimum



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1 fine of $500 for failure to comply with any provision of this
2 Article. These fines shall be deposited in the Sex Offender
3 Registration Fund. Any sex offender, as defined in Section 2 of
4 this Act, or sexual predator who violates any provision of this
5 Article may be arrested and tried in any Illinois county where
6 the sex offender can be located. The local police department or
7 sheriff's office is not required to determine whether the
8 person is living within its jurisdiction.
9     (b) Any person, not covered by privilege under Part 8 of
10 Article VIII of the Code of Civil Procedure or the Illinois
11 Supreme Court's Rules of Professional Conduct, who has reason
12 to believe that a sexual predator is not complying, or has not
13 complied, with the requirements of this Article and who, with
14 the intent to assist the sexual predator in eluding a law
15 enforcement agency that is seeking to find the sexual predator
16 to question the sexual predator about, or to arrest the sexual
17 predator for, his or her noncompliance with the requirements of
18 this Article is guilty of a Class 3 felony if he or she:
19         (1) provides false information to the law enforcement
20     agency having jurisdiction about the sexual predator's
21     noncompliance with the requirements of this Article, and,
22     if known, the whereabouts of the sexual predator;
23         (2) harbors, or attempts to harbor, or assists another
24     person in harboring or attempting to harbor, the sexual
25     predator; or
26         (3) conceals or attempts to conceal, or assists another
27     person in concealing or attempting to conceal, the sexual
28     predator.
29     (c) Subsection (b) does not apply if the sexual predator is
30 incarcerated in or is in the custody of a State correctional
31 facility, a private correctional facility, a county or
32 municipal jail, a State mental health facility or a State
33 treatment and detention facility, or a federal correctional
34 facility.



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1 (Source: P.A. 93-979, eff. 8-20-04; 94-168, eff. 1-1-06.)".