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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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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 | (Text of Section after amendment by P.A. 95-983 ) | ||||||
8 | Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | ||||||
9 | Release.
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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 life. | ||||||
13 | The conditions of every parole and mandatory
supervised release | ||||||
14 | are that the subject:
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15 | (1) not violate any criminal statute of any | ||||||
16 | jurisdiction
during the parole or release term;
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17 | (2) refrain from possessing a firearm or other | ||||||
18 | dangerous
weapon;
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19 | (3) report to an agent of the Department of | ||||||
20 | Corrections;
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21 | (4) permit the agent to visit him or her at his or her | ||||||
22 | home, employment,
or
elsewhere to the
extent necessary for | ||||||
23 | the agent to discharge his or her duties;
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1 | (5) attend or reside in a facility established for the | ||||||
2 | instruction or
residence
of persons on
parole or mandatory | ||||||
3 | supervised release;
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4 | (6) secure permission before visiting or writing a | ||||||
5 | committed person in an
Illinois Department
of Corrections | ||||||
6 | facility;
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7 | (7) report all arrests to an agent of the Department of | ||||||
8 | Corrections as
soon as
permitted by the
arresting authority | ||||||
9 | but in no event later than 24 hours after release from
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10 | custody;
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11 | (7.5) if convicted of a sex offense as defined in the | ||||||
12 | Sex Offender
Management Board Act, the individual shall | ||||||
13 | undergo and successfully complete
sex offender treatment | ||||||
14 | conducted in conformance with the standards developed by
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15 | the Sex
Offender Management Board Act by a treatment | ||||||
16 | provider approved by the Board;
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17 | (7.6) if convicted of a sex offense as defined in the | ||||||
18 | Sex Offender
Management Board Act, refrain from residing at | ||||||
19 | the same address or in the same condominium unit or | ||||||
20 | apartment unit or in the same condominium complex or | ||||||
21 | apartment complex with another person he or she knows or | ||||||
22 | reasonably should know is a convicted sex offender or has | ||||||
23 | been placed on supervision for a sex offense; the | ||||||
24 | provisions of this paragraph do not apply to a person | ||||||
25 | convicted of a sex offense who is placed in a Department of | ||||||
26 | Corrections licensed transitional housing facility for sex |
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1 | offenders, or is in any facility operated or licensed by | ||||||
2 | the Department of Children and Family Services or by the | ||||||
3 | Department of Human Services, or is in any licensed medical | ||||||
4 | facility;
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5 | (7.7) if convicted for an offense that would qualify | ||||||
6 | the accused as a sexual predator under the Sex Offender | ||||||
7 | Registration Act on or after the effective date of this | ||||||
8 | amendatory Act of the 94th General Assembly, wear an | ||||||
9 | approved electronic monitoring device as defined in | ||||||
10 | Section 5-8A-2 for the duration of the person's parole, | ||||||
11 | mandatory supervised release term, or extended mandatory | ||||||
12 | supervised release term and if convicted for an offense of | ||||||
13 | criminal sexual assault, aggravated criminal sexual | ||||||
14 | assault, predatory criminal sexual assault of a child, | ||||||
15 | criminal sexual abuse, aggravated criminal sexual abuse, | ||||||
16 | or ritualized abuse of a child committed on or after the | ||||||
17 | effective date of this amendatory Act of the 96th General | ||||||
18 | Assembly when the victim was under 18 years of age at the | ||||||
19 | time of the commission of the offense and the defendant | ||||||
20 | used force or the threat of force in the commission of the | ||||||
21 | offense wear an approved electronic monitoring device as | ||||||
22 | defined in Section 5-8A-2 that has Global Positioning | ||||||
23 | System (GPS) capability for the duration of the person’s | ||||||
24 | parole, mandatory supervised release term, or extended | ||||||
25 | mandatory supervised release term ;
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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;
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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;
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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;
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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) this amendatory Act of the 95th | ||||||
7 | General Assembly : | ||||||
8 | (i) not access or use a computer or any other | ||||||
9 | device with Internet capability without the prior | ||||||
10 | written approval of the Department; | ||||||
11 | (ii) submit to periodic unannounced examinations | ||||||
12 | of the offender's computer or any other device with | ||||||
13 | Internet capability by the offender's supervising | ||||||
14 | agent, a law enforcement officer, or assigned computer | ||||||
15 | or information technology specialist, including the | ||||||
16 | retrieval and copying of all data from the computer or | ||||||
17 | device and any internal or external peripherals and | ||||||
18 | removal of such information, equipment, or device to | ||||||
19 | conduct a more thorough inspection; | ||||||
20 | (iii) submit to the installation on the offender's | ||||||
21 | computer or device with Internet capability, at the | ||||||
22 | offender's expense, of one or more hardware or software | ||||||
23 | systems to monitor the Internet use; and | ||||||
24 | (iv) submit to any other appropriate restrictions | ||||||
25 | concerning the offender's use of or access to a | ||||||
26 | computer or any other device with Internet capability |
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1 | imposed by the Board, the Department or the offender's | ||||||
2 | supervising agent; | ||||||
3 | (8) obtain permission of an agent of the Department of | ||||||
4 | Corrections before
leaving the
State of Illinois;
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5 | (9) obtain permission of an agent of the Department of | ||||||
6 | Corrections before
changing
his or her residence or | ||||||
7 | employment;
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8 | (10) consent to a search of his or her person, | ||||||
9 | property, or residence
under his or her
control;
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10 | (11) refrain from the use or possession of narcotics or | ||||||
11 | other controlled
substances in
any form, or both, or any | ||||||
12 | paraphernalia related to those substances and submit
to a
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13 | urinalysis test as instructed by a parole agent of the | ||||||
14 | Department of
Corrections;
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15 | (12) not frequent places where controlled substances | ||||||
16 | are illegally sold,
used,
distributed, or administered;
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17 | (13) not knowingly associate with other persons on | ||||||
18 | parole or mandatory
supervised
release without prior | ||||||
19 | written permission of his or her parole agent and not
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20 | associate with
persons who are members of an organized gang | ||||||
21 | as that term is defined in the
Illinois
Streetgang | ||||||
22 | Terrorism Omnibus Prevention Act;
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23 | (14) provide true and accurate information, as it | ||||||
24 | relates to his or her
adjustment in the
community while on | ||||||
25 | parole or mandatory supervised release or to his or her
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26 | conduct
while incarcerated, in response to inquiries by his |
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1 | or her parole agent or of
the
Department of Corrections;
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2 | (15) follow any specific instructions provided by the | ||||||
3 | parole agent that
are consistent
with furthering | ||||||
4 | conditions set and approved by the Prisoner Review Board or | ||||||
5 | by
law,
exclusive of placement on electronic detention, to | ||||||
6 | achieve the goals and
objectives of his
or her parole or | ||||||
7 | mandatory supervised release or to protect the public. | ||||||
8 | These
instructions by the parole agent may be modified at | ||||||
9 | any time, as the agent
deems
appropriate;
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10 | (16) if convicted of a sex offense as defined in | ||||||
11 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
12 | offender is a parent or guardian of the person under 18 | ||||||
13 | years of age present in the home and no non-familial minors | ||||||
14 | are present, not participate in a holiday event involving | ||||||
15 | children under 18 years of age, such as distributing candy | ||||||
16 | or other items to children on Halloween, wearing a Santa | ||||||
17 | Claus costume on or preceding Christmas, being employed as | ||||||
18 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
19 | costume on or preceding Easter; and | ||||||
20 | (17) if convicted of a violation of an order of | ||||||
21 | protection under Section 12-30 of the Criminal Code of | ||||||
22 | 1961, be placed under electronic surveillance as provided | ||||||
23 | in Section 5-8A-7 of this Code. | ||||||
24 | (b) The Board may in addition to other conditions
require | ||||||
25 | that the subject:
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26 | (1) work or pursue a course of study or vocational |
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1 | training;
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2 | (2) undergo medical or psychiatric treatment, or | ||||||
3 | treatment
for drug addiction or alcoholism;
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4 | (3) attend or reside in a facility established for the
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5 | instruction or residence of persons on probation or parole;
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6 | (4) support his dependents;
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7 | (5) (blank);
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8 | (6) (blank);
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9 | (7) comply with the terms and conditions of an order of | ||||||
10 | protection
issued pursuant to the Illinois Domestic | ||||||
11 | Violence Act of 1986, enacted by the
84th General Assembly, | ||||||
12 | or an order of protection issued by the court of another
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13 | state, tribe, or United States territory;
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14 | (7.5) if convicted for an offense committed on or after | ||||||
15 | the effective date of this amendatory Act of the 95th | ||||||
16 | General Assembly that would qualify the accused as a child | ||||||
17 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
18 | Criminal Code of 1961, refrain from communicating with or | ||||||
19 | contacting, by means of the Internet, a person who is | ||||||
20 | related to the accused and whom the accused reasonably | ||||||
21 | believes to be under 18 years of age; for purposes of this | ||||||
22 | paragraph (7.5), "Internet" has the meaning ascribed to it | ||||||
23 | in Section 16J-5 of the Criminal Code of 1961; and a person | ||||||
24 | is related to the accused if the person is: (i) the spouse, | ||||||
25 | brother, or sister of the accused; (ii) a descendant of the | ||||||
26 | accused; (iii) a first or second cousin of the accused; or |
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1 | (iv) a step-child or adopted child of the accused; | ||||||
2 | (7.6) if convicted for an offense committed on or after | ||||||
3 | June 1, 2009 ( the effective date of Public Act 95-983) this | ||||||
4 | amendatory Act of the 95th General Assembly that would | ||||||
5 | qualify as a sex offense as defined in the Sex Offender | ||||||
6 | Registration Act: | ||||||
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; and
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2 | (8) in addition, if a minor:
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3 | (i) reside with his parents or in a foster home;
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4 | (ii) attend school;
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5 | (iii) attend a non-residential program for youth; | ||||||
6 | or
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7 | (iv) contribute to his own support at home or in a | ||||||
8 | foster
home.
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9 | (b-1) In addition to the conditions set forth in | ||||||
10 | subsections (a) and (b), persons required to register as sex | ||||||
11 | offenders pursuant to the Sex Offender Registration Act, upon | ||||||
12 | release from the custody of the Illinois Department of | ||||||
13 | Corrections, may be required by the Board to comply with the | ||||||
14 | following specific conditions of release: | ||||||
15 | (1) reside only at a Department approved location; | ||||||
16 | (2) comply with all requirements of the Sex Offender | ||||||
17 | Registration Act;
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18 | (3) notify
third parties of the risks that may be | ||||||
19 | occasioned by his or her criminal record; | ||||||
20 | (4) obtain the approval of an agent of the Department | ||||||
21 | of Corrections prior to accepting employment or pursuing a | ||||||
22 | course of study or vocational training and notify the | ||||||
23 | Department prior to any change in employment, study, or | ||||||
24 | training; | ||||||
25 | (5) not be employed or participate in any
volunteer | ||||||
26 | activity that involves contact with children, except under |
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1 | circumstances approved in advance and in writing by an | ||||||
2 | agent of the Department of Corrections; | ||||||
3 | (6) be electronically monitored for a minimum of 12 | ||||||
4 | months from the date of release as determined by the Board;
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5 | (7) refrain from entering into a designated
geographic | ||||||
6 | area except upon terms approved in advance by an agent of | ||||||
7 | the Department of Corrections. The terms may include | ||||||
8 | consideration of the purpose of the entry, the time of day, | ||||||
9 | and others accompanying the person; | ||||||
10 | (8) refrain from having any contact, including
written | ||||||
11 | or oral communications, directly or indirectly, personally | ||||||
12 | or by telephone, letter, or through a third party with | ||||||
13 | certain specified persons including, but not limited to, | ||||||
14 | the victim or the victim's family without the prior written | ||||||
15 | approval of an agent of the Department of Corrections; | ||||||
16 | (9) refrain from all contact, directly or
indirectly, | ||||||
17 | personally, by telephone, letter, or through a third party, | ||||||
18 | with minor children without prior identification and | ||||||
19 | approval of an agent of the Department of Corrections; | ||||||
20 | (10) neither possess or have under his or her
control | ||||||
21 | any material that is sexually oriented, sexually | ||||||
22 | stimulating, or that shows male or female sex organs or any | ||||||
23 | pictures depicting children under 18 years of age nude or | ||||||
24 | any written or audio material describing sexual | ||||||
25 | intercourse or that depicts or alludes to sexual activity, | ||||||
26 | including but not limited to visual, auditory, telephonic, |
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1 | or electronic media, or any matter obtained through access | ||||||
2 | to any computer or material linked to computer access use; | ||||||
3 | (11) not patronize any business providing
sexually | ||||||
4 | stimulating or sexually oriented entertainment nor utilize | ||||||
5 | "900" or adult telephone numbers; | ||||||
6 | (12) not reside near, visit, or be in or about
parks, | ||||||
7 | schools, day care centers, swimming pools, beaches, | ||||||
8 | theaters, or any other places where minor children | ||||||
9 | congregate without advance approval of an agent of the | ||||||
10 | Department of Corrections and immediately report any | ||||||
11 | incidental contact with minor children to the Department; | ||||||
12 | (13) not possess or have under his or her control
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13 | certain specified items of contraband related to the | ||||||
14 | incidence of sexually offending as determined by an agent | ||||||
15 | of the Department of Corrections; | ||||||
16 | (14) may be required to provide a written daily log of | ||||||
17 | activities
if directed by an agent of the Department of | ||||||
18 | Corrections; | ||||||
19 | (15) comply with all other special conditions
that the | ||||||
20 | Department may impose that restrict the person from | ||||||
21 | high-risk situations and limit access to potential | ||||||
22 | victims; | ||||||
23 | (16) take an annual polygraph exam; | ||||||
24 | (17) maintain a log of his or her travel; or | ||||||
25 | (18) obtain prior approval of his or her parole officer | ||||||
26 | before driving alone in a motor vehicle.
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1 | (c) The conditions under which the parole or mandatory
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2 | supervised release is to be served shall be communicated to
the | ||||||
3 | person in writing prior to his release, and he shall
sign the | ||||||
4 | same before release. A signed copy of these conditions,
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5 | including a copy of an order of protection where one had been | ||||||
6 | issued by the
criminal court, shall be retained by the person | ||||||
7 | and another copy forwarded to
the officer in charge of his | ||||||
8 | supervision.
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9 | (d) After a hearing under Section 3-3-9, the Prisoner
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10 | Review Board may modify or enlarge the conditions of parole
or | ||||||
11 | mandatory supervised release.
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12 | (e) The Department shall inform all offenders committed to
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13 | the Department of the optional services available to them
upon | ||||||
14 | release and shall assist inmates in availing themselves
of such | ||||||
15 | optional services upon their release on a voluntary
basis. | ||||||
16 | (f) When the subject is in compliance with all conditions | ||||||
17 | of his or her parole or mandatory supervised release, the | ||||||
18 | subject shall receive a reduction of the period of his or her | ||||||
19 | parole or mandatory supervised release of 90 days upon passage | ||||||
20 | of the high school level Test of General Educational | ||||||
21 | Development during the period of his or her parole or mandatory | ||||||
22 | supervised release. This reduction in the period of a subject's | ||||||
23 | term of parole or mandatory supervised release shall be | ||||||
24 | available only to subjects who have not previously earned a | ||||||
25 | high school diploma or who have not previously passed the high | ||||||
26 | school level Test of General Educational Development.
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1 | (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | ||||||
2 | 94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; | ||||||
3 | 95-579, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; | ||||||
4 | 95-876, eff. 8-21-08; 95-983, eff. 6-1-09; revised 10-20-08.)
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5 | Section 99. Effective date. This Act takes effect June 1, | ||||||
6 | 2009. |