SB1740ham001 97TH GENERAL ASSEMBLY

Rep. William Cunningham

Filed: 5/4/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1740

2    AMENDMENT NO. ______. Amend Senate Bill 1740 on page 1, by
3replacing lines 4 and 5 with the following:
 
4    "Section 5. The Unified Code of Corrections is amended by
5changing Sections 3-3-7, 3-3-8, and 5-8-1 as follows:
 
6    (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
7    (Text of Section after amendment by P.A. 96-1551)
8    Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
9Release.
10    (a) The conditions of parole or mandatory supervised
11release shall be such as the Prisoner Review Board deems
12necessary to assist the subject in leading a law-abiding life.
13The conditions of every parole and mandatory supervised release
14are that the subject:
15        (1) not violate any criminal statute of any
16    jurisdiction during the parole or release term;

 

 

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1        (2) refrain from possessing a firearm or other
2    dangerous weapon;
3        (3) report to an agent of the Department of
4    Corrections;
5        (4) permit the agent to visit him or her at his or her
6    home, employment, or elsewhere to the extent necessary for
7    the agent to discharge his or her duties;
8        (5) attend or reside in a facility established for the
9    instruction or residence of persons on parole or mandatory
10    supervised release;
11        (6) secure permission before visiting or writing a
12    committed person in an Illinois Department of Corrections
13    facility;
14        (7) report all arrests to an agent of the Department of
15    Corrections as soon as permitted by the arresting authority
16    but in no event later than 24 hours after release from
17    custody;
18        (7.5) if convicted of a sex offense as defined in the
19    Sex Offender Management Board Act, the individual shall
20    undergo and successfully complete sex offender treatment
21    conducted in conformance with the standards developed by
22    the Sex Offender Management Board Act by a treatment
23    provider approved by the Board;
24        (7.6) if convicted of a sex offense as defined in the
25    Sex Offender Management Board Act, refrain from residing at
26    the same address or in the same condominium unit or

 

 

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1    apartment unit or in the same condominium complex or
2    apartment complex with another person he or she knows or
3    reasonably should know is a convicted sex offender or has
4    been placed on supervision for a sex offense; the
5    provisions of this paragraph do not apply to a person
6    convicted of a sex offense who is placed in a Department of
7    Corrections licensed transitional housing facility for sex
8    offenders, or is in any facility operated or licensed by
9    the Department of Children and Family Services or by the
10    Department of Human Services, or is in any licensed medical
11    facility;
12        (7.7) if convicted for an offense that would qualify
13    the accused as a sexual predator under the Sex Offender
14    Registration Act on or after January 1, 2007 (the effective
15    date of Public Act 94-988) the effective date of this
16    amendatory Act of the 94th General Assembly, wear an
17    approved electronic monitoring device as defined in
18    Section 5-8A-2 for the duration of the person's parole,
19    mandatory supervised release term, or extended mandatory
20    supervised release term and if convicted for an offense of
21    criminal sexual assault, aggravated criminal sexual
22    assault, predatory criminal sexual assault of a child,
23    criminal sexual abuse, aggravated criminal sexual abuse,
24    or ritualized abuse of a child committed on or after August
25    11, 2009 (the effective date of Public Act 96-236) when the
26    victim was under 18 years of age at the time of the

 

 

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1    commission of the offense and the defendant used force or
2    the threat of force in the commission of the offense wear
3    an approved electronic monitoring device as defined in
4    Section 5-8A-2 that has Global Positioning System (GPS)
5    capability for the duration of the person's parole,
6    mandatory supervised release term, or extended mandatory
7    supervised release term;
8        (7.8) if convicted for an offense committed on or after
9    June 1, 2008 (the effective date of Public Act 95-464) the
10    effective date of this amendatory Act of the 95th General
11    Assembly that would qualify the accused as a child sex
12    offender as defined in Section 11-9.3 or 11-9.4 of the
13    Criminal Code of 1961, refrain from communicating with or
14    contacting, by means of the Internet, a person who is not
15    related to the accused and whom the accused reasonably
16    believes to be under 18 years of age; for purposes of this
17    paragraph (7.8), "Internet" has the meaning ascribed to it
18    in Section 16J-5 of the Criminal Code of 1961; and a person
19    is not related to the accused if the person is not: (i) the
20    spouse, brother, or sister of the accused; (ii) a
21    descendant of the accused; (iii) a first or second cousin
22    of the accused; or (iv) a step-child or adopted child of
23    the accused;
24        (7.9) if convicted under Section 11-6, 11-20.1,
25    11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961,
26    consent to search of computers, PDAs, cellular phones, and

 

 

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1    other devices under his or her control that are capable of
2    accessing the Internet or storing electronic files, in
3    order to confirm Internet protocol addresses reported in
4    accordance with the Sex Offender Registration Act and
5    compliance with conditions in this Act;
6        (7.10) if convicted for an offense that would qualify
7    the accused as a sex offender or sexual predator under the
8    Sex Offender Registration Act on or after June 1, 2008 (the
9    effective date of Public Act 95-640) the effective date of
10    this amendatory Act of the 95th General Assembly, not
11    possess prescription drugs for erectile dysfunction;
12        (7.11) if convicted for an offense under Section 11-6,
13    11-9.1, 11-14.4 that involves soliciting for a juvenile
14    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
15    of the Criminal Code of 1961, or any attempt to commit any
16    of these offenses, committed on or after June 1, 2009 (the
17    effective date of Public Act 95-983):
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;
13        (7.12) if convicted of a sex offense as defined in the
14    Sex Offender Registration Act committed on or after January
15    1, 2010 (the effective date of Public Act 96-262), refrain
16    from accessing or using a social networking website as
17    defined in Section 17-0.5 of the Criminal Code of 1961;
18        (7.13) if convicted of a sex offense as defined in
19    Section 2 of the Sex Offender Registration Act committed on
20    or after January 1, 2010 (the effective date of Public Act
21    96-362) that requires the person to register as a sex
22    offender under that Act, may not knowingly use any computer
23    scrub software on any computer that the sex offender uses;
24        (8) obtain permission of an agent of the Department of
25    Corrections before leaving the State of Illinois;
26        (9) obtain permission of an agent of the Department of

 

 

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1    Corrections before changing his or her residence or
2    employment;
3        (10) consent to a search of his or her person,
4    property, or residence under his or her control;
5        (11) refrain from the use or possession of narcotics or
6    other controlled substances in any form, or both, or any
7    paraphernalia related to those substances and submit to a
8    urinalysis test as instructed by a parole agent of the
9    Department of Corrections;
10        (12) not frequent places where controlled substances
11    are illegally sold, used, distributed, or administered;
12        (13) not knowingly associate with other persons on
13    parole or mandatory supervised release without prior
14    written permission of his or her parole agent and not
15    associate with persons who are members of an organized gang
16    as that term is defined in the Illinois Streetgang
17    Terrorism Omnibus Prevention Act;
18        (14) provide true and accurate information, as it
19    relates to his or her adjustment in the community while on
20    parole or mandatory supervised release or to his or her
21    conduct while incarcerated, in response to inquiries by his
22    or her parole agent or of the Department of Corrections;
23        (15) follow any specific instructions provided by the
24    parole agent that are consistent with furthering
25    conditions set and approved by the Prisoner Review Board or
26    by law, exclusive of placement on electronic detention, to

 

 

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1    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;
5        (16) if convicted of a sex offense as defined in
6    subsection (a-5) of Section 3-1-2 of this Code, unless the
7    offender is a parent or guardian of the person under 18
8    years of age present in the home and no non-familial minors
9    are present, not participate in a holiday event involving
10    children under 18 years of age, such as distributing candy
11    or other items to children on Halloween, wearing a Santa
12    Claus costume on or preceding Christmas, being employed as
13    a department store Santa Claus, or wearing an Easter Bunny
14    costume on or preceding Easter; and
15        (17) if convicted of a violation of an order of
16    protection under Section 12-30 of the Criminal Code of
17    1961, be placed under electronic surveillance as provided
18    in Section 5-8A-7 of this Code.
19    (b) The Board may in addition to other conditions require
20that the subject:
21        (1) work or pursue a course of study or vocational
22    training;
23        (2) undergo medical or psychiatric treatment, or
24    treatment for drug addiction or alcoholism;
25        (3) attend or reside in a facility established for the
26    instruction or residence of persons on probation or parole;

 

 

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1        (4) support his dependents;
2        (5) (blank);
3        (6) (blank);
4        (7) comply with the terms and conditions of an order of
5    protection issued pursuant to the Illinois Domestic
6    Violence Act of 1986, enacted by the 84th General Assembly,
7    or an order of protection issued by the court of another
8    state, tribe, or United States territory;
9        (7.5) if convicted for an offense committed on or after
10    the effective date of this amendatory Act of the 95th
11    General Assembly that would qualify the accused as a child
12    sex offender as defined in Section 11-9.3 or 11-9.4 of the
13    Criminal Code of 1961, refrain from communicating with or
14    contacting, by means of the Internet, a person who is
15    related to the accused and whom the accused reasonably
16    believes to be under 18 years of age; for purposes of this
17    paragraph (7.5), "Internet" has the meaning ascribed to it
18    in Section 16J-5 of the Criminal Code of 1961; and a person
19    is related to the accused if the person is: (i) the spouse,
20    brother, or sister of the accused; (ii) a descendant of the
21    accused; (iii) a first or second cousin of the accused; or
22    (iv) a step-child or adopted child of the accused;
23        (7.6) if convicted for an offense committed on or after
24    June 1, 2009 (the effective date of Public Act 95-983) that
25    would qualify as a sex offense as defined in the Sex
26    Offender Registration Act:

 

 

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1            (i) not access or use a computer or any other
2        device with Internet capability without the prior
3        written approval of the Department;
4            (ii) submit to periodic unannounced examinations
5        of the offender's computer or any other device with
6        Internet capability by the offender's supervising
7        agent, a law enforcement officer, or assigned computer
8        or information technology specialist, including the
9        retrieval and copying of all data from the computer or
10        device and any internal or external peripherals and
11        removal of such information, equipment, or device to
12        conduct a more thorough inspection;
13            (iii) submit to the installation on the offender's
14        computer or device with Internet capability, at the
15        offender's expense, of one or more hardware or software
16        systems to monitor the Internet use; and
17            (iv) submit to any other appropriate restrictions
18        concerning the offender's use of or access to a
19        computer or any other device with Internet capability
20        imposed by the Board, the Department or the offender's
21        supervising agent; 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

 

 

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

 

 

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

 

 

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

 

 

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1and another copy forwarded to the officer in charge of his
2supervision.
3    (d) After a hearing under Section 3-3-9, the Prisoner
4Review Board may modify or enlarge the conditions of parole or
5mandatory supervised release.
6    (e) The Department shall inform all offenders committed to
7the Department of the optional services available to them upon
8release and shall assist inmates in availing themselves of such
9optional services upon their release on a voluntary basis.
10    (f) (Blank). When the subject is in compliance with all
11conditions of his or her parole or mandatory supervised
12release, the subject shall receive a reduction of the period of
13his or her parole or mandatory supervised release of 90 days
14upon receiving a high school diploma or passage of the high
15school level Test of General Educational Development during the
16period of his or her parole or mandatory supervised release.
17This reduction in the period of a subject's term of parole or
18mandatory supervised release shall be available only to
19subjects who have not previously earned a high school diploma
20or who have not previously passed the high school level Test of
21General Educational Development.
22(Source: P.A. 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; 95-579,
23eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876,
24eff. 8-21-08; 95-983, eff. 6-1-09; 96-236, eff. 8-11-09;
2596-262, eff. 1-1-10; 96-328, eff. 8-11-09; 96-362, eff. 1-1-10;
2696-1000, eff. 7-2-10; 96-1539, eff. 3-4-11; 96-1551, Article 2,

 

 

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1Section 1065, eff. 7-1-11; 96-1551, Article 10, Section 10-150,
2eff. 7-1-11; revised 4-18-11.)
 
3    (730 ILCS 5/3-3-8)  (from Ch. 38, par. 1003-3-8)
4    Sec. 3-3-8. Length of parole and mandatory supervised
5release; discharge.)
6    (a) The length of parole for a person sentenced under the
7law in effect prior to the effective date of this amendatory
8Act of 1977 and the length of mandatory supervised release for
9those sentenced under the law in effect on and after such
10effective date shall be as set out in Section 5-8-1 unless
11sooner terminated under paragraph (b) of this Section. The
12parole period of a juvenile committed to the Department under
13the Juvenile Court Act or the Juvenile Court Act of 1987 shall
14extend until he is 21 years of age unless sooner terminated
15under paragraph (b) of this Section.
16    (b) The Prisoner Review Board may enter an order releasing
17and discharging one from parole or mandatory supervised
18release, and his commitment to the Department, when it
19determines that he is likely to remain at liberty without
20committing another offense.
21    (b-1) Provided that the subject is in compliance with the
22terms and conditions of his or her parole or mandatory
23supervised release, the Prisoner Review Board may reduce the
24period of a parolee or releasee's parole or mandatory
25supervised release by 90 days upon the parolee or releasee

 

 

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1receiving a high school diploma or upon passage of the high
2school level Test of General Educational Development during the
3period of his or her parole or mandatory supervised release.
4This reduction in the period of a subject's term of parole or
5mandatory supervised release shall be available only to
6subjects who have not previously earned a high school diploma
7or who have not previously passed the high school level Test of
8General Educational Development.
9    (c) The order of discharge shall become effective upon
10entry of the order of the Board. The Board shall notify the
11clerk of the committing court of the order. Upon receipt of
12such copy, the clerk shall make an entry on the record judgment
13that the sentence or commitment has been satisfied pursuant to
14the order.
15    (d) Rights of the person discharged under this Section
16shall be restored under Section 5-5-5. This Section is subject
17to Section 5-750 of the Juvenile Court Act of 1987.
18(Source: P.A. 90-590, eff. 1-1-99.)".