Illinois General Assembly - Full Text of HB2748
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Full Text of HB2748  95th General Assembly

HB2748eng 95TH 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 Sections 3-3-7 and 3-14-2 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. 95-464, 95-579,
8 and 95-640)
9     Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
10 Release.
11     (a) The conditions of parole or mandatory supervised
12 release shall be such as the Prisoner Review Board deems
13 necessary to assist the subject in leading a law-abiding life.
14 The conditions of every parole and mandatory supervised release
15 are that the subject:
16         (1) not violate any criminal statute of any
17     jurisdiction during the parole or release term;
18         (2) refrain from possessing a firearm or other
19     dangerous weapon;
20         (3) report to an agent of the Department of
21     Corrections;
22         (4) permit the agent to visit him or her at his or her
23     home, employment, or elsewhere to the extent necessary for

 

 

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1     the agent to discharge his or her duties;
2         (5) attend or reside in a facility established for the
3     instruction or residence of persons on parole or mandatory
4     supervised release;
5         (6) secure permission before visiting or writing a
6     committed person in an Illinois Department of Corrections
7     facility;
8         (7) report all arrests to an agent of the Department of
9     Corrections as soon as permitted by the arresting authority
10     but in no event later than 24 hours after release from
11     custody;
12         (7.1) report all orders of protection issued against
13     the parolee or releasee to an agent of the Department of
14     Corrections as soon as possible after service of the order
15     of protection upon the parolee or releasee but in no event
16     later than 24 hours after service of the order of
17     protection;
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 the effective date of this
15     amendatory Act of the 94th General Assembly, wear an
16     approved electronic monitoring device as defined in
17     Section 5-8A-2 for the duration of the person's parole,
18     mandatory supervised release term, or extended mandatory
19     supervised release term;
20         (7.8) if convicted for an offense committed on or after
21     the effective date of this amendatory Act of the 95th
22     General Assembly that would qualify the accused as a child
23     sex offender as defined in Section 11-9.3 or 11-9.4 of the
24     Criminal Code of 1961, refrain from communicating with or
25     contacting, by means of the Internet, a person who is not
26     related to the accused and whom the accused reasonably

 

 

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1     believes to be under 18 years of age; for purposes of this
2     paragraph (7.8), "Internet" has the meaning ascribed to it
3     in Section 16J-5 of the Criminal Code of 1961, as added by
4     Public Act 94-179; and a person is not related to the
5     accused if the person is not: (i) the spouse, brother, or
6     sister of the accused; (ii) a descendant of the accused;
7     (iii) a first or second cousin of the accused; or (iv) a
8     step-child or adopted child of the accused;
9         (7.9) (7.8) if convicted under Section 11-6, 11-20.1,
10     11-20.3, or 11-21 of the Criminal Code of 1961, consent to
11     search of computers, PDAs, cellular phones, and other
12     devices under his or her control that are capable of
13     accessing the Internet or storing electronic files, in
14     order to confirm Internet protocol addresses reported in
15     accordance with the Sex Offender Registration Act and
16     compliance with conditions in this Act;
17         (7.10) (7.8) if convicted for an offense that would
18     qualify the accused as a sex offender or sexual predator
19     under the Sex Offender Registration Act on or after the
20     effective date of this amendatory Act of the 95th General
21     Assembly, not possess prescription drugs for erectile
22     dysfunction;
23         (8) obtain permission of an agent of the Department of
24     Corrections before leaving the State of Illinois;
25         (9) obtain permission of an agent of the Department of
26     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

 

 

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1     mandatory supervised release or to protect the public.
2     These instructions by the parole agent may be modified at
3     any time, as the agent deems appropriate; and
4         (16) if convicted of a sex offense as defined in
5     subsection (a-5) of Section 3-1-2 of this Code, unless the
6     offender is a parent or guardian of the person under 18
7     years of age present in the home and no non-familial minors
8     are present, not participate in a holiday event involving
9     children under 18 years of age, such as distributing candy
10     or other items to children on Halloween, wearing a Santa
11     Claus costume on or preceding Christmas, being employed as
12     a department store Santa Claus, or wearing an Easter Bunny
13     costume on or preceding Easter.
14     (b) The Board may in addition to other conditions require
15 that the subject:
16         (1) work or pursue a course of study or vocational
17     training;
18         (2) undergo medical or psychiatric treatment, or
19     treatment for drug addiction or alcoholism;
20         (3) attend or reside in a facility established for the
21     instruction or residence of persons on probation or parole;
22         (4) support his dependents;
23         (5) (blank);
24         (6) (blank);
25         (7) comply with the terms and conditions of an order of
26     protection issued pursuant to the Illinois Domestic

 

 

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1     Violence Act of 1986, enacted by the 84th General Assembly,
2     or an order of protection issued by the court of another
3     state, tribe, or United States territory;
4         (7.5) if convicted for an offense committed on or after
5     the effective date of this amendatory Act of the 95th
6     General Assembly that would qualify the accused as a child
7     sex offender as defined in Section 11-9.3 or 11-9.4 of the
8     Criminal Code of 1961, refrain from communicating with or
9     contacting, by means of the Internet, a person who is
10     related to the accused and whom the accused reasonably
11     believes to be under 18 years of age; for purposes of this
12     paragraph (7.5), "Internet" has the meaning ascribed to it
13     in Section 16J-5 of the Criminal Code of 1961, as added by
14     Public Act 94-179; and a person is related to the accused
15     if the person is: (i) the spouse, brother, or sister of the
16     accused; (ii) a descendant of the accused; (iii) a first or
17     second cousin of the accused; or (iv) a step-child or
18     adopted child of the accused; and
19         (8) in addition, if a minor:
20             (i) reside with his parents or in a foster home;
21             (ii) attend school;
22             (iii) attend a non-residential program for youth;
23         or
24             (iv) contribute to his own support at home or in a
25         foster home.
26     (b-1) In addition to the conditions set forth in

 

 

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

 

 

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

 

 

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1     Department of Corrections and immediately report any
2     incidental contact with minor children to the Department;
3         (13) not possess or have under his or her control
4     certain specified items of contraband related to the
5     incidence of sexually offending as determined by an agent
6     of the Department of Corrections;
7         (14) may be required to provide a written daily log of
8     activities if directed by an agent of the Department of
9     Corrections;
10         (15) comply with all other special conditions that the
11     Department may impose that restrict the person from
12     high-risk situations and limit access to potential
13     victims;
14         (16) take an annual polygraph exam;
15         (17) maintain a log of his or her travel; or
16         (18) obtain prior approval of his or her parole officer
17     before driving alone in a motor vehicle.
18     (c) The conditions under which the parole or mandatory
19 supervised release is to be served shall be communicated to the
20 person in writing prior to his release, and he shall sign the
21 same before release. A signed copy of these conditions,
22 including a copy of an order of protection where one had been
23 issued by the criminal court, shall be retained by the person
24 and another copy forwarded to the officer in charge of his
25 supervision.
26     (d) After a hearing under Section 3-3-9, the Prisoner

 

 

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1 Review Board may modify or enlarge the conditions of parole or
2 mandatory supervised release.
3     (e) The Department shall inform all offenders committed to
4 the Department of the optional services available to them upon
5 release and shall assist inmates in availing themselves of such
6 optional services upon their release on a voluntary basis.
7     (f) When the subject is in compliance with all conditions
8 of his or her parole or mandatory supervised release, the
9 subject shall receive a reduction of the period of his or her
10 parole or mandatory supervised release of 90 days upon passage
11 of the high school level Test of General Educational
12 Development during the period of his or her parole or mandatory
13 supervised release. This reduction in the period of a subject's
14 term of parole or mandatory supervised release shall be
15 available only to subjects who have not previously earned a
16 high school diploma or who have not previously passed the high
17 school level Test of General Educational Development.
18     (g) Notwithstanding any other rulemaking authority that
19 may exist, neither the Governor nor any agency or agency head
20 under the jurisdiction of the Governor has any authority to
21 make or promulgate rules to implement or enforce the provisions
22 of this amendatory Act of the 95th General Assembly. If,
23 however, the Governor believes that rules are necessary to
24 implement or enforce the provisions of this amendatory Act of
25 the 95th General Assembly, the Governor may suggest rules to
26 the General Assembly by filing them with the Clerk of the House

 

 

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1 and Secretary of the Senate and by requesting that the General
2 Assembly authorize such rulemaking by law, enact those
3 suggested rules into law, or take any other appropriate action
4 in the General Assembly's discretion. Nothing contained in this
5 amendatory Act of the 95th General Assembly shall be
6 interpreted to grant rulemaking authority under any other
7 Illinois statute where such authority is not otherwise
8 explicitly given. For the purposes of this amendatory Act of
9 the 95th General Assembly, "rules" is given the meaning
10 contained in Section 1-70 of the Illinois Administrative
11 Procedure Act, and "agency" and "agency head" are given the
12 meanings contained in Sections 1-20 and 1-25 of the Illinois
13 Administrative Procedure Act to the extent that such
14 definitions apply to agencies or agency heads under the
15 jurisdiction of the Governor.
16 (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05;
17 94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08;
18 95-579, eff. 6-1-08; 95-640, eff. 6-1-08; revised 12-26-07.)
 
19     (730 ILCS 5/3-14-2)  (from Ch. 38, par. 1003-14-2)
20     Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
21 Release and Release by Statute.
22     (a) The Department shall retain custody of all persons
23 placed on parole or mandatory supervised release or released
24 pursuant to Section 3-3-10 of this Code and shall supervise
25 such persons during their parole or release period in accord

 

 

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1 with the conditions set by the Prisoner Review Board. Such
2 conditions shall include referral to an alcohol or drug abuse
3 treatment program, as appropriate, if such person has
4 previously been identified as having an alcohol or drug abuse
5 problem. Such conditions may include that the person use an
6 approved electronic monitoring device subject to Article 8A of
7 Chapter V.
8     (b) The Department shall assign personnel to assist persons
9 eligible for parole in preparing a parole plan. Such Department
10 personnel shall make a report of their efforts and findings to
11 the Prisoner Review Board prior to its consideration of the
12 case of such eligible person.
13     (c) A copy of the conditions of his parole or release shall
14 be signed by the parolee or releasee and given to him and to
15 his supervising officer who shall report on his progress under
16 the rules and regulations of the Prisoner Review Board. The
17 supervising officer shall report violations to the Prisoner
18 Review Board and shall have the full power of peace officers in
19 the arrest and retaking of any parolees or releasees or the
20 officer may request the Department to issue a warrant for the
21 arrest of any parolee or releasee who has allegedly violated
22 his parole or release conditions.
23     (c-1) The supervising officer shall request the Department
24 to issue a parole violation warrant, and the Department shall
25 issue a parole violation warrant, under the following
26 circumstances:

 

 

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1         (1) If the parolee or releasee commits an act that
2     constitutes a felony using a firearm or knife, or,
3         (2) if applicable, fails to comply with the
4     requirements of the Sex Offender Registration Act, or
5         (3) if the parolee or releasee is charged with:
6             (A) domestic battery under Section 12-3.2 of the
7         Criminal Code of 1961,
8             (B) aggravated domestic battery under Section
9         12-3.3 of the Criminal Code of 1961,
10             (C) stalking under Section 12-7.3 of the Criminal
11         Code of 1961,
12             (D) aggravated stalking under Section 12-7.4 of
13         the Criminal Code of 1961,
14             (E) violation of an order of protection under
15         Section 12-30 of the Criminal Code of 1961, or
16             (F) any offense that would require registration as
17         a sex offender under the Sex Offender Registration Act.
18         the officer shall request the Department to issue a
19     warrant and the Department shall issue the warrant and the
20     officer or the Department shall file a violation report
21     with notice of charges with the Prisoner Review Board. A
22     sheriff or other peace officer may detain an alleged parole
23     or release violator until a warrant for his return to the
24     Department can be issued. The parolee or releasee may be
25     delivered to any secure place until he can be transported
26     to the Department. The officer or the Department shall file

 

 

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1     a violation report with notice of charges with the Prisoner
2     Review Board.
3     (d) The supervising officer shall regularly advise and
4 consult with the parolee or releasee, assist him in adjusting
5 to community life, inform him of the restoration of his rights
6 on successful completion of sentence under Section 5-5-5. If
7 the parolee or releasee has been convicted of a sex offense as
8 defined in the Sex Offender Management Board Act, the
9 supervising officer shall periodically, but not less than once
10 a month, verify that the parolee or releasee is in compliance
11 with paragraph (7.6) of subsection (a) of Section 3-3-7.
12     (e) Supervising officers shall receive specialized
13 training in the special needs of female releasees or parolees
14 including the family reunification process.
15     (f) The supervising officer shall keep such records as the
16 Prisoner Review Board or Department may require. All records
17 shall be entered in the master file of the individual.
18     (g) Notwithstanding any other rulemaking authority that
19 may exist, neither the Governor nor any agency or agency head
20 under the jurisdiction of the Governor has any authority to
21 make or promulgate rules to implement or enforce the provisions
22 of this amendatory Act of the 95th General Assembly. If,
23 however, the Governor believes that rules are necessary to
24 implement or enforce the provisions of this amendatory Act of
25 the 95th General Assembly, the Governor may suggest rules to
26 the General Assembly by filing them with the Clerk of the House

 

 

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1 and Secretary of the Senate and by requesting that the General
2 Assembly authorize such rulemaking by law, enact those
3 suggested rules into law, or take any other appropriate action
4 in the General Assembly's discretion. Nothing contained in this
5 amendatory Act of the 95th General Assembly shall be
6 interpreted to grant rulemaking authority under any other
7 Illinois statute where such authority is not otherwise
8 explicitly given. For the purposes of this amendatory Act of
9 the 95th General Assembly, "rules" is given the meaning
10 contained in Section 1-70 of the Illinois Administrative
11 Procedure Act, and "agency" and "agency head" are given the
12 meanings contained in Sections 1-20 and 1-25 of the Illinois
13 Administrative Procedure Act to the extent that such
14 definitions apply to agencies or agency heads under the
15 jurisdiction of the Governor.
16 (Source: P.A. 93-979, eff. 8-20-04; 94-161, eff. 7-11-05.)