Judiciary II - Criminal Law Committee
Adopted in House Comm. on Mar 12, 2009
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1 | AMENDMENT TO HOUSE BILL 327
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2 | AMENDMENT NO. ______. Amend House Bill 327 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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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1 | (2) refrain from possessing a firearm or other | ||||||
2 | dangerous
weapon;
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3 | (3) report to an agent of the Department of | ||||||
4 | Corrections;
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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;
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8 | (5) attend or reside in a facility established for the | ||||||
9 | instruction or
residence
of persons on
parole or mandatory | ||||||
10 | supervised release;
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11 | (6) secure permission before visiting or writing a | ||||||
12 | committed person in an
Illinois Department
of Corrections | ||||||
13 | facility;
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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
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17 | custody;
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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
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22 | the Sex
Offender Management Board Act by a treatment | ||||||
23 | provider approved by the Board;
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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;
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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 and if convicted for an offense of | ||||||
20 | criminal sexual assault, aggravated criminal sexual | ||||||
21 | assault, predatory criminal sexual assault of a child, | ||||||
22 | criminal sexual abuse, aggravated criminal sexual abuse, | ||||||
23 | or ritualized abuse of a child committed on or after the | ||||||
24 | effective date of this amendatory Act of the 96th General | ||||||
25 | Assembly when the victim was under 18 years of age at the | ||||||
26 | time of the commission of the offense and the defendant |
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1 | used force or the threat of force in the commission of the | ||||||
2 | offense wear an approved electronic monitoring device as | ||||||
3 | defined in Section 5-8A-2 that has Global Positioning | ||||||
4 | System (GPS) capability for the duration of the person’s | ||||||
5 | parole, mandatory supervised release term, or extended | ||||||
6 | mandatory supervised release term ;
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7 | (7.8) if convicted for an offense committed on or after | ||||||
8 | the effective date of this amendatory Act of the 95th | ||||||
9 | General Assembly that would qualify the accused as a child | ||||||
10 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
11 | Criminal Code of 1961, refrain from communicating with or | ||||||
12 | contacting, by means of the Internet, a person who is not | ||||||
13 | related to the accused and whom the accused reasonably | ||||||
14 | believes to be under 18 years of age; for purposes of this | ||||||
15 | paragraph (7.8), "Internet" has the meaning ascribed to it | ||||||
16 | in Section 16J-5 of the Criminal Code of 1961; and a person | ||||||
17 | is not related to the accused if the person is not: (i) the | ||||||
18 | spouse, brother, or sister of the accused; (ii) a | ||||||
19 | descendant of the accused; (iii) a first or second cousin | ||||||
20 | of the accused; or (iv) a step-child or adopted child of | ||||||
21 | the accused;
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22 | (7.9)
if convicted under Section 11-6, 11-20.1, | ||||||
23 | 11-20.3, or 11-21 of the Criminal Code of 1961, consent to | ||||||
24 | search of computers, PDAs, cellular phones, and other | ||||||
25 | devices under his or her control that are capable of | ||||||
26 | accessing the Internet or storing electronic files, in |
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1 | order to confirm Internet protocol addresses reported in | ||||||
2 | accordance with the Sex Offender Registration Act and | ||||||
3 | compliance with conditions in this Act;
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4 | (7.10)
if convicted for an offense that would qualify | ||||||
5 | the accused as a sex offender or sexual predator under the | ||||||
6 | Sex Offender Registration Act on or after the effective | ||||||
7 | date of this amendatory Act of the 95th General Assembly, | ||||||
8 | not possess prescription drugs for erectile dysfunction;
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9 | (7.11) if convicted for an offense under Section 11-6, | ||||||
10 | 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal | ||||||
11 | Code of 1961, or any attempt to commit any of these | ||||||
12 | offenses, committed on or after June 1, 2009 ( the effective | ||||||
13 | date of Public Act 95-983) this amendatory Act of the 95th | ||||||
14 | General Assembly : | ||||||
15 | (i) not access or use a computer or any other | ||||||
16 | device with Internet capability without the prior | ||||||
17 | written approval of the Department; | ||||||
18 | (ii) submit to periodic unannounced examinations | ||||||
19 | of the offender's computer or any other device with | ||||||
20 | Internet capability by the offender's supervising | ||||||
21 | agent, a law enforcement officer, or assigned computer | ||||||
22 | or information technology specialist, including the | ||||||
23 | retrieval and copying of all data from the computer or | ||||||
24 | device and any internal or external peripherals and | ||||||
25 | removal of such information, equipment, or device to | ||||||
26 | conduct a more thorough inspection; |
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1 | (iii) submit to the installation on the offender's | ||||||
2 | computer or device with Internet capability, at the | ||||||
3 | offender's expense, of one or more hardware or software | ||||||
4 | systems to monitor the Internet use; and | ||||||
5 | (iv) submit to any other appropriate restrictions | ||||||
6 | concerning the offender's use of or access to a | ||||||
7 | computer or any other device with Internet capability | ||||||
8 | imposed by the Board, the Department or the offender's | ||||||
9 | supervising agent; | ||||||
10 | (8) obtain permission of an agent of the Department of | ||||||
11 | Corrections before
leaving the
State of Illinois;
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12 | (9) obtain permission of an agent of the Department of | ||||||
13 | Corrections before
changing
his or her residence or | ||||||
14 | employment;
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15 | (10) consent to a search of his or her person, | ||||||
16 | property, or residence
under his or her
control;
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17 | (11) refrain from the use or possession of narcotics or | ||||||
18 | other controlled
substances in
any form, or both, or any | ||||||
19 | paraphernalia related to those substances and submit
to a
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20 | urinalysis test as instructed by a parole agent of the | ||||||
21 | Department of
Corrections;
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22 | (12) not frequent places where controlled substances | ||||||
23 | are illegally sold,
used,
distributed, or administered;
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24 | (13) not knowingly associate with other persons on | ||||||
25 | parole or mandatory
supervised
release without prior | ||||||
26 | written permission of his or her parole agent and not
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1 | associate with
persons who are members of an organized gang | ||||||
2 | as that term is defined in the
Illinois
Streetgang | ||||||
3 | Terrorism Omnibus Prevention Act;
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4 | (14) provide true and accurate information, as it | ||||||
5 | relates to his or her
adjustment in the
community while on | ||||||
6 | parole or mandatory supervised release or to his or her
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7 | conduct
while incarcerated, in response to inquiries by his | ||||||
8 | or her parole agent or of
the
Department of Corrections;
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9 | (15) follow any specific instructions provided by the | ||||||
10 | parole agent that
are consistent
with furthering | ||||||
11 | conditions set and approved by the Prisoner Review Board or | ||||||
12 | by
law,
exclusive of placement on electronic detention, to | ||||||
13 | achieve the goals and
objectives of his
or her parole or | ||||||
14 | mandatory supervised release or to protect the public. | ||||||
15 | These
instructions by the parole agent may be modified at | ||||||
16 | any time, as the agent
deems
appropriate;
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17 | (16) if convicted of a sex offense as defined in | ||||||
18 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
19 | offender is a parent or guardian of the person under 18 | ||||||
20 | years of age present in the home and no non-familial minors | ||||||
21 | are present, not participate in a holiday event involving | ||||||
22 | children under 18 years of age, such as distributing candy | ||||||
23 | or other items to children on Halloween, wearing a Santa | ||||||
24 | Claus costume on or preceding Christmas, being employed as | ||||||
25 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
26 | costume on or preceding Easter; and |
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1 | (17) if convicted of a violation of an order of | ||||||
2 | protection under Section 12-30 of the Criminal Code of | ||||||
3 | 1961, be placed under electronic surveillance as provided | ||||||
4 | in Section 5-8A-7 of this Code. | ||||||
5 | (b) The Board may in addition to other conditions
require | ||||||
6 | that the subject:
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7 | (1) work or pursue a course of study or vocational | ||||||
8 | training;
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9 | (2) undergo medical or psychiatric treatment, or | ||||||
10 | treatment
for drug addiction or alcoholism;
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11 | (3) attend or reside in a facility established for the
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12 | instruction or residence of persons on probation or parole;
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13 | (4) support his dependents;
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14 | (5) (blank);
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15 | (6) (blank);
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16 | (7) comply with the terms and conditions of an order of | ||||||
17 | protection
issued pursuant to the Illinois Domestic | ||||||
18 | Violence Act of 1986, enacted by the
84th General Assembly, | ||||||
19 | or an order of protection issued by the court of another
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20 | state, tribe, or United States territory;
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21 | (7.5) if convicted for an offense committed on or after | ||||||
22 | the effective date of this amendatory Act of the 95th | ||||||
23 | General Assembly that would qualify the accused as a child | ||||||
24 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
25 | Criminal Code of 1961, refrain from communicating with or | ||||||
26 | contacting, by means of the Internet, a person who is |
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1 | related to the accused and whom the accused reasonably | ||||||
2 | believes to be under 18 years of age; for purposes of this | ||||||
3 | paragraph (7.5), "Internet" has the meaning ascribed to it | ||||||
4 | in Section 16J-5 of the Criminal Code of 1961; and a person | ||||||
5 | is related to the accused if the person is: (i) the spouse, | ||||||
6 | brother, or sister of the accused; (ii) a descendant of the | ||||||
7 | accused; (iii) a first or second cousin of the accused; or | ||||||
8 | (iv) a step-child or adopted child of the accused; | ||||||
9 | (7.6) if convicted for an offense committed on or after | ||||||
10 | June 1, 2009 ( the effective date of Public Act 95-983) this | ||||||
11 | amendatory Act of the 95th General Assembly that would | ||||||
12 | qualify as a sex offense as defined in the Sex Offender | ||||||
13 | Registration Act: | ||||||
14 | (i) not access or use a computer or any other | ||||||
15 | device with Internet capability without the prior | ||||||
16 | written approval of the Department; | ||||||
17 | (ii) submit to periodic unannounced examinations | ||||||
18 | of the offender's computer or any other device with | ||||||
19 | Internet capability by the offender's supervising | ||||||
20 | agent, a law enforcement officer, or assigned computer | ||||||
21 | or information technology specialist, including the | ||||||
22 | retrieval and copying of all data from the computer or | ||||||
23 | device and any internal or external peripherals and | ||||||
24 | removal of such information, equipment, or device to | ||||||
25 | conduct a more thorough inspection; | ||||||
26 | (iii) submit to the installation on the offender's |
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1 | computer or device with Internet capability, at the | ||||||
2 | offender's expense, of one or more hardware or software | ||||||
3 | systems to monitor the Internet use; and | ||||||
4 | (iv) submit to any other appropriate restrictions | ||||||
5 | concerning the offender's use of or access to a | ||||||
6 | computer or any other device with Internet capability | ||||||
7 | imposed by the Board, the Department or the offender's | ||||||
8 | supervising agent; and
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9 | (8) in addition, if a minor:
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10 | (i) reside with his parents or in a foster home;
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11 | (ii) attend school;
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12 | (iii) attend a non-residential program for youth; | ||||||
13 | or
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14 | (iv) contribute to his own support at home or in a | ||||||
15 | foster
home.
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16 | (b-1) In addition to the conditions set forth in | ||||||
17 | subsections (a) and (b), persons required to register as sex | ||||||
18 | offenders pursuant to the Sex Offender Registration Act, upon | ||||||
19 | release from the custody of the Illinois Department of | ||||||
20 | Corrections, may be required by the Board to comply with the | ||||||
21 | following specific conditions of release: | ||||||
22 | (1) reside only at a Department approved location; | ||||||
23 | (2) comply with all requirements of the Sex Offender | ||||||
24 | Registration Act;
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25 | (3) notify
third parties of the risks that may be | ||||||
26 | occasioned by his or her criminal record; |
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1 | (4) obtain the approval of an agent of the Department | ||||||
2 | of Corrections prior to accepting employment or pursuing a | ||||||
3 | course of study or vocational training and notify the | ||||||
4 | Department prior to any change in employment, study, or | ||||||
5 | training; | ||||||
6 | (5) not be employed or participate in any
volunteer | ||||||
7 | activity that involves contact with children, except under | ||||||
8 | circumstances approved in advance and in writing by an | ||||||
9 | agent of the Department of Corrections; | ||||||
10 | (6) be electronically monitored for a minimum of 12 | ||||||
11 | months from the date of release as determined by the Board;
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12 | (7) refrain from entering into a designated
geographic | ||||||
13 | area except upon terms approved in advance by an agent of | ||||||
14 | the Department of Corrections. The terms may include | ||||||
15 | consideration of the purpose of the entry, the time of day, | ||||||
16 | and others accompanying the person; | ||||||
17 | (8) refrain from having any contact, including
written | ||||||
18 | or oral communications, directly or indirectly, personally | ||||||
19 | or by telephone, letter, or through a third party with | ||||||
20 | certain specified persons including, but not limited to, | ||||||
21 | the victim or the victim's family without the prior written | ||||||
22 | approval of an agent of the Department of Corrections; | ||||||
23 | (9) refrain from all contact, directly or
indirectly, | ||||||
24 | personally, by telephone, letter, or through a third party, | ||||||
25 | with minor children without prior identification and | ||||||
26 | approval of an agent of the Department of Corrections; |
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1 | (10) neither possess or have under his or her
control | ||||||
2 | any material that is sexually oriented, sexually | ||||||
3 | stimulating, or that shows male or female sex organs or any | ||||||
4 | pictures depicting children under 18 years of age nude or | ||||||
5 | any written or audio material describing sexual | ||||||
6 | intercourse or that depicts or alludes to sexual activity, | ||||||
7 | including but not limited to visual, auditory, telephonic, | ||||||
8 | or electronic media, or any matter obtained through access | ||||||
9 | to any computer or material linked to computer access use; | ||||||
10 | (11) not patronize any business providing
sexually | ||||||
11 | stimulating or sexually oriented entertainment nor utilize | ||||||
12 | "900" or adult telephone numbers; | ||||||
13 | (12) not reside near, visit, or be in or about
parks, | ||||||
14 | schools, day care centers, swimming pools, beaches, | ||||||
15 | theaters, or any other places where minor children | ||||||
16 | congregate without advance approval of an agent of the | ||||||
17 | Department of Corrections and immediately report any | ||||||
18 | incidental contact with minor children to the Department; | ||||||
19 | (13) not possess or have under his or her control
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20 | certain specified items of contraband related to the | ||||||
21 | incidence of sexually offending as determined by an agent | ||||||
22 | of the Department of Corrections; | ||||||
23 | (14) may be required to provide a written daily log of | ||||||
24 | activities
if directed by an agent of the Department of | ||||||
25 | Corrections; | ||||||
26 | (15) comply with all other special conditions
that the |
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1 | Department may impose that restrict the person from | ||||||
2 | high-risk situations and limit access to potential | ||||||
3 | victims; | ||||||
4 | (16) take an annual polygraph exam; | ||||||
5 | (17) maintain a log of his or her travel; or | ||||||
6 | (18) obtain prior approval of his or her parole officer | ||||||
7 | before driving alone in a motor vehicle.
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8 | (c) The conditions under which the parole or mandatory
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9 | supervised release is to be served shall be communicated to
the | ||||||
10 | person in writing prior to his release, and he shall
sign the | ||||||
11 | same before release. A signed copy of these conditions,
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12 | including a copy of an order of protection where one had been | ||||||
13 | issued by the
criminal court, shall be retained by the person | ||||||
14 | and another copy forwarded to
the officer in charge of his | ||||||
15 | supervision.
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16 | (d) After a hearing under Section 3-3-9, the Prisoner
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17 | Review Board may modify or enlarge the conditions of parole
or | ||||||
18 | mandatory supervised release.
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19 | (e) The Department shall inform all offenders committed to
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20 | the Department of the optional services available to them
upon | ||||||
21 | release and shall assist inmates in availing themselves
of such | ||||||
22 | optional services upon their release on a voluntary
basis. | ||||||
23 | (f) When the subject is in compliance with all conditions | ||||||
24 | of his or her parole or mandatory supervised release, the | ||||||
25 | subject shall receive a reduction of the period of his or her | ||||||
26 | parole or mandatory supervised release of 90 days upon passage |
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1 | of the high school level Test of General Educational | ||||||
2 | Development during the period of his or her parole or mandatory | ||||||
3 | supervised release. This reduction in the period of a subject's | ||||||
4 | term of parole or mandatory supervised release shall be | ||||||
5 | available only to subjects who have not previously earned a | ||||||
6 | high school diploma or who have not previously passed the high | ||||||
7 | school level Test of General Educational Development.
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8 | (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | ||||||
9 | 94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; | ||||||
10 | 95-579, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; | ||||||
11 | 95-876, eff. 8-21-08; 95-983, eff. 6-1-09; revised 10-20-08.)
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12 | Section 99. Effective date. This Act takes effect June 1, | ||||||
13 | 2009.".
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