[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
92_HB3311
LRB9206570RCcdA
1 AN ACT in relation to 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
5 by changing Section 3-3-7 and adding Section 3-14-2.1 as
6 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
13 life. The conditions of every parole and mandatory supervised
14 release are that the subject:
15 (1) not violate any criminal statute of any
16 jurisdiction during the parole or release term; and
17 (2) refrain from possessing a firearm or other
18 dangerous weapon.
19 (a-5) In the case of a violent offender or a sex
20 offender as defined in Section 3-14-2.1 of this Code, failure
21 to have the required in-person contacts shall result in an
22 immediate revocation of parole or mandatory supervised
23 release and loss of earned good time unless it is shown that
24 the failure to have the required visits was not due to the
25 actions of the parolee or releasee. The condition imposed by
26 this subsection (a-5) is in addition to any other conditions
27 imposed by law or by the Board.
28 (b) The Board may in addition to other conditions
29 require that the subject:
30 (1) work or pursue a course of study or vocational
31 training;
-2- LRB9206570RCcdA
1 (2) undergo medical or psychiatric treatment, or
2 treatment for drug addiction or alcoholism;
3 (3) attend or reside in a facility established for
4 the instruction or residence of persons on probation or
5 parole;
6 (4) support his dependents;
7 (5) report to an agent of the Department of
8 Corrections;
9 (6) permit the agent to visit him at his home or
10 elsewhere to the extent necessary to discharge his
11 duties;
12 (7) comply with the terms and conditions of an
13 order of protection issued pursuant to the Illinois
14 Domestic Violence Act of 1986, enacted by the 84th
15 General Assembly, or an order of protection issued by the
16 court of another state, tribe, or United States
17 territory.
18 (8) and, in addition, if a minor:
19 (i) reside with his parents or in a foster
20 home;
21 (ii) attend school;
22 (iii) attend a non-residential program for
23 youth;
24 (iv) contribute to his own support at home or
25 in a foster home.
26 (c) The conditions under which the parole or mandatory
27 supervised release is to be served shall be communicated to
28 the person in writing prior to his release, and he shall sign
29 the same before release. A signed copy of these conditions,
30 including a copy of an order of protection where one had been
31 issued by the criminal court, shall be retained by the person
32 and another copy forwarded to the officer in charge of his
33 supervision.
34 (d) After a hearing under Section 3-3-9, the Prisoner
-3- LRB9206570RCcdA
1 Review Board may modify or enlarge the conditions of parole
2 or mandatory supervised release.
3 (e) The Department shall inform all offenders committed
4 to the Department of the optional services available to them
5 upon release and shall assist inmates in availing themselves
6 of such optional services upon their release on a voluntary
7 basis.
8 (Source: P.A. 91-903, eff. 1-1-01.)
9 (730 ILCS 5/3-14-2.1 new)
10 Sec. 3-14-2.1. Supervision on parole, mandatory
11 supervised release and release for violent offenders and sex
12 offenders.
13 (a) The Department shall retain custody of all persons
14 who are violent offenders and sex offenders as defined by
15 this Section and who are placed on parole or mandatory
16 supervised release or released under Section 3-3-10 of this
17 Code and shall supervise those persons during their parole or
18 release period in accordance with conditions set by the
19 Prisoner Review Board. The conditions shall include those set
20 forth under Section 3-14-2 of this Code and supervision
21 requirements of no less than one in-person contact per week
22 by a parole officer with the assigned parolee or releasee,
23 including unannounced visits at the parolee or releasee's
24 home, place of employment, or educational institution.
25 In this Section:
26 "Violent offense" means a violation of any of the
27 following Sections of the Criminal Code of 1961: Section
28 8-1.1 (solicitation of murder), Section 8-1.2 (solicitation
29 of murder for hire), Section 9-1 (first degree murder if the
30 offense was committed on or after June 30, 2001), Section
31 10-1 (kidnapping), Section 10-2 (aggravated kidnapping),
32 Section 10-3 (unlawful restraint), Section 10-3.1 (aggravated
33 unlawful restraint), Section 10-5 (child abduction), Section
-4- LRB9206570RCcdA
1 12-7.4 (aggravated stalking), Section 12-30 (violation of an
2 order of protection), or Section 12-33 (ritualized abuse of a
3 child). An attempt to commit any of these offenses.
4 "Sex offense" means a violation of any of the following
5 Sections of the Criminal Code of 1961: Section 11-6 (indecent
6 solicitation of a child), Section 11-9 (public indecency when
7 committed in a school or on a conveyance, owned, leased, or
8 contracted by a school to transport students to or from
9 school or a school related activity), Section 11-9.1 (sexual
10 exploitation of a child), Section 11-15.1 (soliciting for a
11 juvenile prostitute), Section 11-17.1 (keeping a place of
12 juvenile prostitution), Section 11-18.1 (patronizing a
13 juvenile prostitute), Section 11-19.1 (juvenile pimping),
14 Section 11-19.2 (exploitation of a child), Section 11-20.1
15 (child pornography), Section 11-21 (harmful material),
16 Section 12-13 (criminal sexual assault), Section 12-14
17 (aggravated criminal sexual assault), Section 12-14.1
18 (predatory criminal sexual assault of a child), Section 12-15
19 (criminal sexual abuse), or Section 12-16 (aggravated
20 criminal sexual abuse). An attempt to commit any of these
21 offenses.
22 (b) A caseload for parole officers or supervisors who
23 are assigned offenders who are released as a result of a
24 violent offense against a person or a sex offense as defined
25 in this Section must accommodate no less than one weekly
26 in-person unannounced visit with the assigned parolee or
27 releasee. The unannounced visits shall include visits to the
28 parolee's or releasee's home, place of employment, or
29 educational institution.
30 Section 99. Effective date. This Act takes effect on
31 July 1, 2003.