Full Text of HB3786 99th General Assembly
HB3786 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3786 Introduced , by Rep. Ann Williams SYNOPSIS AS INTRODUCED: |
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730 ILCS 5/3-14-2 | from Ch. 38, par. 1003-14-2 |
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Amends the Unified Code of Corrections. Provides that when a parolee or releasee is charged with the commission of a felony offense, the supervising officer shall request the Department of Corrections to issue a parole violation warrant, and the Department shall issue a parole violation warrant. Eliminates the various circumstances that must occur before the Department issues the warrant. Provides that these requirements do not apply if the parolee or releasee will be discharged from his or her term of parole or mandatory supervised release within 7 days of the arrest or at the request of a law enforcement agency if the issuance of the warrant would interfere with an ongoing criminal investigation.
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| | A BILL FOR |
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| | | HB3786 | | LRB099 09549 RLC 29758 b |
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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 3-14-2 as follows:
| 6 | | (730 ILCS 5/3-14-2) (from Ch. 38, par. 1003-14-2)
| 7 | | Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
| 8 | | Release and Release by Statute.
| 9 | | (a) The Department shall retain custody of all persons | 10 | | placed on
parole or mandatory supervised release or released | 11 | | pursuant to Section
3-3-10 of this Code and shall supervise | 12 | | such persons during
their parole or release period in accord | 13 | | with the conditions set by the
Prisoner Review Board. Such | 14 | | conditions shall include referral to an
alcohol or drug abuse | 15 | | treatment program, as appropriate, if such person has
| 16 | | previously been identified as having an alcohol or drug abuse | 17 | | problem.
Such conditions may include that the person use an | 18 | | approved electronic
monitoring device subject to Article 8A of | 19 | | Chapter V.
| 20 | | (b) The Department shall assign personnel to assist persons | 21 | | eligible
for parole in preparing a parole plan. Such Department | 22 | | personnel shall
make a report of their efforts and findings to | 23 | | the Prisoner Review
Board prior to its consideration of the |
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| 1 | | case of such eligible person.
| 2 | | (c) A copy of the conditions of his parole or release shall | 3 | | be
signed by the parolee or releasee and given to him and to | 4 | | his
supervising officer who shall report on his progress under | 5 | | the rules and
regulations of the Prisoner Review Board. The | 6 | | supervising officer
shall report violations to the Prisoner | 7 | | Review Board and shall have
the full power of peace officers in | 8 | | the arrest and retaking of any
parolees or releasees or the | 9 | | officer may request the Department to issue
a warrant for the | 10 | | arrest of any parolee or releasee who has allegedly
violated | 11 | | his parole or release conditions. | 12 | | (c-1) Except as provided in subsection (c-2), if a parolee | 13 | | or releasee is charged with the commission of a felony offense, | 14 | | the The supervising officer shall request the Department to | 15 | | issue a parole violation warrant, and the Department shall | 16 | | issue a parole violation warrant , under the following | 17 | | circumstances: | 18 | | (1) if the parolee or releasee
commits an act that | 19 | | constitutes a felony using a firearm or knife, | 20 | | (2) if applicable, fails to comply with the | 21 | | requirements of the Sex Offender Registration Act, | 22 | | (3) if the parolee or releasee is charged with: | 23 | | (A) a felony offense of domestic battery under | 24 | | Section 12-3.2 of the Criminal Code of 1961 or the | 25 | | Criminal Code of 2012, | 26 | | (B) aggravated domestic battery under Section |
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| 1 | | 12-3.3 of the Criminal Code of 1961 or the Criminal | 2 | | Code of 2012, | 3 | | (C) stalking under Section 12-7.3 of the Criminal | 4 | | Code of 1961 or the Criminal Code of 2012, | 5 | | (D) aggravated stalking under Section 12-7.4 of | 6 | | the Criminal Code of 1961 or the Criminal Code of 2012, | 7 | | (E) violation of an order of protection under | 8 | | Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | 9 | | the Criminal Code of 2012, or | 10 | | (F) any offense that would require registration as | 11 | | a sex offender under the Sex Offender Registration Act, | 12 | | or | 13 | | (4) if the parolee or releasee
is on parole or | 14 | | mandatory supervised release for a murder, a Class X felony | 15 | | or a Class 1 felony violation of the Criminal Code of 1961 | 16 | | or the Criminal Code of 2012, or any felony that requires | 17 | | registration as a sex offender under the Sex Offender | 18 | | Registration Act and commits an act that constitutes first | 19 | | degree murder, a Class X felony, a Class 1 felony, a Class | 20 | | 2 felony, or a Class 3 felony . | 21 | | A
sheriff or other peace officer may detain an alleged | 22 | | parole or release
violator until a warrant for his return to | 23 | | the Department can be issued.
The parolee or releasee may be | 24 | | delivered to any secure place until he can
be transported to | 25 | | the Department. The officer or the Department shall file a | 26 | | violation report with notice of charges with the Prisoner |
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| 1 | | Review Board.
| 2 | | (c-2) The requirements of subsection (c-1) of this Section | 3 | | do not apply if the parolee or releasee will be discharged from | 4 | | his or her term of parole or mandatory supervised release | 5 | | within 7 days of the arrest or at the request of a law | 6 | | enforcement agency if the issuance of the warrant would | 7 | | interfere with an ongoing criminal investigation. | 8 | | (d) The supervising officer shall regularly advise and | 9 | | consult with
the parolee or releasee, assist him in adjusting | 10 | | to community life,
inform him of the restoration of his rights | 11 | | on successful completion of
sentence under Section 5-5-5. If | 12 | | the parolee or releasee has been convicted of a sex offense as | 13 | | defined in the Sex Offender
Management Board Act, the | 14 | | supervising officer shall periodically, but not less than once | 15 | | a month, verify that the parolee or releasee is in compliance | 16 | | with paragraph (7.6) of subsection (a) of Section 3-3-7.
| 17 | | (e) Supervising officers shall receive specialized | 18 | | training in the
special needs of female releasees or parolees | 19 | | including the family
reunification process.
| 20 | | (f) The supervising officer shall keep such records as the
| 21 | | Prisoner Review Board or Department may require. All records | 22 | | shall be
entered in the master file of the individual.
| 23 | | (Source: P.A. 96-282, eff. 1-1-10; 96-1447, eff. 8-20-10; | 24 | | 97-389, eff. 8-15-11; 97-1150, eff. 1-25-13.)
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