Full Text of HB6881 96th General Assembly
HB6881enr 96TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | 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.
| 9 | | (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:
| 14 | | (1) not violate any criminal statute of any | 15 | | jurisdiction
during the parole or release term;
| 16 | | (2) refrain from possessing a firearm or other | 17 | | dangerous
weapon;
| 18 | | (3) report to an agent of the Department of | 19 | | Corrections;
| 20 | | (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;
| 23 | | (5) attend or reside in a facility established for the |
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| 1 | | instruction or
residence
of persons on
parole or mandatory | 2 | | supervised release;
| 3 | | (6) secure permission before visiting or writing a | 4 | | committed person in an
Illinois Department
of Corrections | 5 | | facility;
| 6 | | (7) report all arrests to an agent of the Department of | 7 | | Corrections as
soon as
permitted by the
arresting authority | 8 | | but in no event later than 24 hours after release from
| 9 | | custody;
| 10 | | (7.5) if convicted of a sex offense as defined in the | 11 | | Sex Offender
Management Board Act, the individual shall | 12 | | undergo and successfully complete
sex offender treatment | 13 | | conducted in conformance with the standards developed by
| 14 | | the Sex
Offender Management Board Act by a treatment | 15 | | provider approved by the Board;
| 16 | | (7.6) if convicted of a sex offense as defined in the | 17 | | Sex Offender
Management Board Act, refrain from residing at | 18 | | the same address or in the same condominium unit or | 19 | | apartment unit or in the same condominium complex or | 20 | | apartment complex with another person he or she knows or | 21 | | reasonably should know is a convicted sex offender or has | 22 | | been placed on supervision for a sex offense; the | 23 | | provisions of this paragraph do not apply to a person | 24 | | convicted of a sex offense who is placed in a Department of | 25 | | Corrections licensed transitional housing facility for sex | 26 | | offenders, or is in any facility operated or licensed by |
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| 1 | | the Department of Children and Family Services or by the | 2 | | Department of Human Services, or is in any licensed medical | 3 | | facility;
| 4 | | (7.7) if convicted for an offense that would qualify | 5 | | the accused as a sexual predator under the Sex Offender | 6 | | Registration Act on or after the effective date of this | 7 | | amendatory Act of the 94th General Assembly, wear an | 8 | | approved electronic monitoring device as defined in | 9 | | Section 5-8A-2 for the duration of the person's parole, | 10 | | mandatory supervised release term, or extended mandatory | 11 | | supervised release term and if convicted for an offense of | 12 | | criminal sexual assault, aggravated criminal sexual | 13 | | assault, predatory criminal sexual assault of a child, | 14 | | criminal sexual abuse, aggravated criminal sexual abuse, | 15 | | or ritualized abuse of a child committed on or after August | 16 | | 11, 2009 ( the effective date of Public Act 96-236) this | 17 | | amendatory Act of the 96th General Assembly when the victim | 18 | | was under 18 years of age at the time of the commission of | 19 | | the offense and the defendant used force or the threat of | 20 | | force in the commission of the offense wear an approved | 21 | | electronic monitoring device as defined in Section 5-8A-2 | 22 | | that has Global Positioning System (GPS) capability for the | 23 | | duration of the person's parole, mandatory supervised | 24 | | release term, or extended mandatory supervised release | 25 | | term;
| 26 | | (7.8) if convicted for an offense committed on or after |
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| 1 | | the effective date of this amendatory Act of the 95th | 2 | | General Assembly that would qualify the accused as a child | 3 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the | 4 | | Criminal Code of 1961, refrain from communicating with or | 5 | | contacting, by means of the Internet, a person who is not | 6 | | related to the accused and whom the accused reasonably | 7 | | believes to be under 18 years of age; for purposes of this | 8 | | paragraph (7.8), "Internet" has the meaning ascribed to it | 9 | | in Section 16J-5 of the Criminal Code of 1961; and a person | 10 | | is not related to the accused if the person is not: (i) the | 11 | | spouse, brother, or sister of the accused; (ii) a | 12 | | descendant of the accused; (iii) a first or second cousin | 13 | | of the accused; or (iv) a step-child or adopted child of | 14 | | the accused;
| 15 | | (7.9)
if convicted under Section 11-6, 11-20.1, | 16 | | 11-20.3, or 11-21 of the Criminal Code of 1961, consent to | 17 | | search of computers, PDAs, cellular phones, and other | 18 | | devices under his or her control that are capable of | 19 | | accessing the Internet or storing electronic files, in | 20 | | order to confirm Internet protocol addresses reported in | 21 | | accordance with the Sex Offender Registration Act and | 22 | | compliance with conditions in this Act;
| 23 | | (7.10)
if convicted for an offense that would qualify | 24 | | the accused as a sex offender or sexual predator under the | 25 | | Sex Offender Registration Act on or after the effective | 26 | | date of this amendatory Act of the 95th General Assembly, |
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| 1 | | not possess prescription drugs for erectile dysfunction;
| 2 | | (7.11) if convicted for an offense under Section 11-6, | 3 | | 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal | 4 | | Code of 1961, or any attempt to commit any of these | 5 | | offenses, committed on or after June 1, 2009 (the effective | 6 | | date of Public Act 95-983): | 7 | | (i) not access or use a computer or any other | 8 | | device with Internet capability without the prior | 9 | | written approval of the Department; | 10 | | (ii) submit to periodic unannounced examinations | 11 | | of the offender's computer or any other device with | 12 | | Internet capability by the offender's supervising | 13 | | agent, a law enforcement officer, or assigned computer | 14 | | or information technology specialist, including the | 15 | | retrieval and copying of all data from the computer or | 16 | | device and any internal or external peripherals and | 17 | | removal of such information, equipment, or device to | 18 | | conduct a more thorough inspection; | 19 | | (iii) submit to the installation on the offender's | 20 | | computer or device with Internet capability, at the | 21 | | offender's expense, of one or more hardware or software | 22 | | systems to monitor the Internet use; and | 23 | | (iv) submit to any other appropriate restrictions | 24 | | concerning the offender's use of or access to a | 25 | | computer or any other device with Internet capability | 26 | | imposed by the Board, the Department or the offender's |
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| 1 | | supervising agent; | 2 | | (7.12) if convicted of a sex offense as defined in the | 3 | | Sex Offender
Registration Act committed on or after January | 4 | | 1, 2010 ( the effective date of Public Act 96-262) this | 5 | | amendatory Act of the 96th General Assembly , refrain from | 6 | | accessing or using a social networking website as defined | 7 | | in Section 16D-2 of the Criminal Code of 1961;
| 8 | | (7.13) (7.12) if convicted of a sex offense as defined | 9 | | in Section 2 of the Sex Offender Registration Act committed | 10 | | on or after January 1, 2010 ( the effective date of Public | 11 | | Act 96-362) this amendatory Act of the 96th General | 12 | | Assembly that requires the person to register as a sex | 13 | | offender under that Act, may not knowingly use any computer | 14 | | scrub software on any computer that the sex offender uses; | 15 | | (8) obtain permission of an agent of the Department of | 16 | | Corrections before
leaving the
State of Illinois;
| 17 | | (9) obtain permission of an agent of the Department of | 18 | | Corrections before
changing
his or her residence or | 19 | | employment;
| 20 | | (10) consent to a search of his or her person, | 21 | | property, or residence
under his or her
control;
| 22 | | (11) refrain from the use or possession of narcotics or | 23 | | other controlled
substances in
any form, or both, or any | 24 | | paraphernalia related to those substances and submit
to a
| 25 | | urinalysis test as instructed by a parole agent of the | 26 | | Department of
Corrections;
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| 1 | | (12) not frequent places where controlled substances | 2 | | are illegally sold,
used,
distributed, or administered;
| 3 | | (13) not knowingly associate with other persons on | 4 | | parole or mandatory
supervised
release without prior | 5 | | written permission of his or her parole agent and not
| 6 | | associate with
persons who are members of an organized gang | 7 | | as that term is defined in the
Illinois
Streetgang | 8 | | Terrorism Omnibus Prevention Act;
| 9 | | (14) provide true and accurate information, as it | 10 | | relates to his or her
adjustment in the
community while on | 11 | | parole or mandatory supervised release or to his or her
| 12 | | conduct
while incarcerated, in response to inquiries by his | 13 | | or her parole agent or of
the
Department of Corrections;
| 14 | | (15) follow any specific instructions provided by the | 15 | | parole agent that
are consistent
with furthering | 16 | | conditions set and approved by the Prisoner Review Board or | 17 | | by
law,
exclusive of placement on electronic detention, to | 18 | | achieve the goals and
objectives of his
or her parole or | 19 | | mandatory supervised release or to protect the public. | 20 | | These
instructions by the parole agent may be modified at | 21 | | any time, as the agent
deems
appropriate;
| 22 | | (16) if convicted of a sex offense as defined in | 23 | | subsection (a-5) of Section 3-1-2 of this Code, unless the | 24 | | offender is a parent or guardian of the person under 18 | 25 | | years of age present in the home and no non-familial minors | 26 | | 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; and | 6 | | (17) if convicted of a violation of an order of | 7 | | protection under Section 12-30 of the Criminal Code of | 8 | | 1961, be placed under electronic surveillance as provided | 9 | | in Section 5-8A-7 of this Code. | 10 | | (b) The Board may in addition to other conditions
require | 11 | | that the subject:
| 12 | | (1) work or pursue a course of study or vocational | 13 | | training;
| 14 | | (2) undergo medical or psychiatric treatment, or | 15 | | treatment
for drug addiction or alcoholism;
| 16 | | (3) attend or reside in a facility established for the
| 17 | | instruction or residence of persons on probation or parole;
| 18 | | (4) support his dependents;
| 19 | | (5) (blank);
| 20 | | (6) (blank);
| 21 | | (7) comply with the terms and conditions of an order of | 22 | | protection
issued pursuant to the Illinois Domestic | 23 | | Violence Act of 1986, enacted by the
84th General Assembly, | 24 | | or an order of protection issued by the court of another
| 25 | | state, tribe, or United States territory;
| 26 | | (7.5) if convicted for an offense committed on or after |
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| 1 | | the effective date of this amendatory Act of the 95th | 2 | | General Assembly that would qualify the accused as a child | 3 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the | 4 | | Criminal Code of 1961, refrain from communicating with or | 5 | | contacting, by means of the Internet, a person who is | 6 | | related to the accused and whom the accused reasonably | 7 | | believes to be under 18 years of age; for purposes of this | 8 | | paragraph (7.5), "Internet" has the meaning ascribed to it | 9 | | in Section 16J-5 of the Criminal Code of 1961; and a person | 10 | | is related to the accused if the person is: (i) the spouse, | 11 | | brother, or sister of the accused; (ii) a descendant of the | 12 | | accused; (iii) a first or second cousin of the accused; or | 13 | | (iv) a step-child or adopted child of the accused; | 14 | | (7.6) if convicted for an offense committed on or after | 15 | | June 1, 2009 (the effective date of Public Act 95-983) that | 16 | | would qualify as a sex offense as defined in the Sex | 17 | | Offender Registration Act: | 18 | | (i) not access or use a computer or any other | 19 | | device with Internet capability without the prior | 20 | | written approval of the Department; | 21 | | (ii) submit to periodic unannounced examinations | 22 | | of the offender's computer or any other device with | 23 | | Internet capability by the offender's supervising | 24 | | agent, a law enforcement officer, or assigned computer | 25 | | or information technology specialist, including the | 26 | | retrieval and copying of all data from the computer or |
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| 1 | | device and any internal or external peripherals and | 2 | | removal of such information, equipment, or device to | 3 | | conduct a more thorough inspection; | 4 | | (iii) submit to the installation on the offender's | 5 | | computer or device with Internet capability, at the | 6 | | offender's expense, of one or more hardware or software | 7 | | systems to monitor the Internet use; and | 8 | | (iv) submit to any other appropriate restrictions | 9 | | concerning the offender's use of or access to a | 10 | | computer or any other device with Internet capability | 11 | | imposed by the Board, the Department or the offender's | 12 | | supervising agent; and
| 13 | | (8) in addition, if a minor:
| 14 | | (i) reside with his parents or in a foster home;
| 15 | | (ii) attend school;
| 16 | | (iii) attend a non-residential program for youth; | 17 | | or
| 18 | | (iv) contribute to his own support at home or in a | 19 | | foster
home.
| 20 | | (b-1) In addition to the conditions set forth in | 21 | | subsections (a) and (b), persons required to register as sex | 22 | | offenders pursuant to the Sex Offender Registration Act, upon | 23 | | release from the custody of the Illinois Department of | 24 | | Corrections, may be required by the Board to comply with the | 25 | | following specific conditions of release: | 26 | | (1) reside only at a Department approved location; |
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| 1 | | (2) comply with all requirements of the Sex Offender | 2 | | Registration Act;
| 3 | | (3) notify
third parties of the risks that may be | 4 | | occasioned by his or her criminal record; | 5 | | (4) obtain the approval of an agent of the Department | 6 | | of Corrections prior to accepting employment or pursuing a | 7 | | course of study or vocational training and notify the | 8 | | Department prior to any change in employment, study, or | 9 | | training; | 10 | | (5) not be employed or participate in any
volunteer | 11 | | activity that involves contact with children, except under | 12 | | circumstances approved in advance and in writing by an | 13 | | agent of the Department of Corrections; | 14 | | (6) be electronically monitored for a minimum of 12 | 15 | | months from the date of release as determined by the Board;
| 16 | | (7) refrain from entering into a designated
geographic | 17 | | area except upon terms approved in advance by an agent of | 18 | | the Department of Corrections. The terms may include | 19 | | consideration of the purpose of the entry, the time of day, | 20 | | and others accompanying the person; | 21 | | (8) refrain from having any contact, including
written | 22 | | or oral communications, directly or indirectly, personally | 23 | | or by telephone, letter, or through a third party with | 24 | | certain specified persons including, but not limited to, | 25 | | the victim or the victim's family without the prior written | 26 | | approval of an agent of the Department of Corrections; |
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| 1 | | (9) refrain from all contact, directly or
indirectly, | 2 | | personally, by telephone, letter, or through a third party, | 3 | | with minor children without prior identification and | 4 | | approval of an agent of the Department of Corrections; | 5 | | (10) neither possess or have under his or her
control | 6 | | any material that is sexually oriented, sexually | 7 | | stimulating, or that shows male or female sex organs or any | 8 | | pictures depicting children under 18 years of age nude or | 9 | | any written or audio material describing sexual | 10 | | intercourse or that depicts or alludes to sexual activity, | 11 | | including but not limited to visual, auditory, telephonic, | 12 | | or electronic media, or any matter obtained through access | 13 | | to any computer or material linked to computer access use; | 14 | | (11) not patronize any business providing
sexually | 15 | | stimulating or sexually oriented entertainment nor utilize | 16 | | "900" or adult telephone numbers; | 17 | | (12) not reside near, visit, or be in or about
parks, | 18 | | schools, day care centers, swimming pools, beaches, | 19 | | theaters, or any other places where minor children | 20 | | congregate without advance approval of an agent of the | 21 | | Department of Corrections and immediately report any | 22 | | incidental contact with minor children to the Department; | 23 | | (13) not possess or have under his or her control
| 24 | | certain specified items of contraband related to the | 25 | | incidence of sexually offending as determined by an agent | 26 | | of the Department of Corrections; |
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| 1 | | (14) may be required to provide a written daily log of | 2 | | activities
if directed by an agent of the Department of | 3 | | Corrections; | 4 | | (15) comply with all other special conditions
that the | 5 | | Department may impose that restrict the person from | 6 | | high-risk situations and limit access to potential | 7 | | victims; | 8 | | (16) take an annual polygraph exam; | 9 | | (17) maintain a log of his or her travel; or | 10 | | (18) obtain prior approval of his or her parole officer | 11 | | before driving alone in a motor vehicle.
| 12 | | (c) The conditions under which the parole or mandatory
| 13 | | supervised release is to be served shall be communicated to
the | 14 | | person in writing prior to his release, and he shall
sign the | 15 | | same before release. A signed copy of these conditions,
| 16 | | including a copy of an order of protection where one had been | 17 | | issued by the
criminal court, shall be retained by the person | 18 | | and another copy forwarded to
the officer in charge of his | 19 | | supervision.
| 20 | | (d) After a hearing under Section 3-3-9, the Prisoner
| 21 | | Review Board may modify or enlarge the conditions of parole
or | 22 | | mandatory supervised release.
| 23 | | (e) The Department shall inform all offenders committed to
| 24 | | the Department of the optional services available to them
upon | 25 | | release and shall assist inmates in availing themselves
of such | 26 | | optional services upon their release on a voluntary
basis. |
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| 1 | | (f) When the subject is in compliance with all conditions | 2 | | of his or her parole or mandatory supervised release, the | 3 | | subject shall receive a reduction of the period of his or her | 4 | | parole or mandatory supervised release of 90 days upon | 5 | | receiving a high school diploma or passage of the high school | 6 | | level Test of General Educational Development during the period | 7 | | of his or her parole or mandatory supervised release. This | 8 | | reduction in the period of a subject's term of parole or | 9 | | mandatory supervised release shall be available only to | 10 | | subjects who have not previously earned a high school diploma | 11 | | or who have not previously passed the high school level Test of | 12 | | General Educational Development.
| 13 | | (Source: P.A. 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; 95-579, | 14 | | eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876, | 15 | | eff. 8-21-08; 95-983, eff. 6-1-09; 96-236, eff. 8-11-09; | 16 | | 96-262, eff. 1-1-10; 96-328, eff. 8-11-09; 96-362, eff. 1-1-10; | 17 | | revised 9-25-09.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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