102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5203

 

Introduced 1/31/2022, by Rep. Kelly M. Cassidy

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-3-7  from Ch. 38, par. 1003-3-7
730 ILCS 5/3-3-9  from Ch. 38, par. 1003-3-9
730 ILCS 5/3-14-2  from Ch. 38, par. 1003-14-2

    Amends the Unified Code of Corrections. Restructures the provisions concerning the conditions of parole and mandatory supervised release. Provides that any and all conditions of parole or mandatory supervised release shall be imposed by the Prisoner Review Board, unless the conditions of release are being imposed or modified by a parole agent. Provides that any condition imposed by the Prisoner Review Board shall not be more restrictive than necessary to: (1) comply with the parolee or releasee's gender responsive risks, assets, and needs assessment; (2) achieve public safety; and 3) facilitate successful reintegration back into the community. Provides that parole agents shall not modify an existing condition of release or add additional conditions of release without approval from the Prisoner Review Board unless doing so under a rule adopted by the Department of Corrections. Provides that notwithstanding any other provision of law, a parolee or releasee must comply with specific instructions of a parole agent related to complying with conditions already set and approved by the Prisoner Review Board or otherwise imposed by law, exclusive of placement on electronic monitoring or home detention. Provides that all subjects found to be at a low risk to recidivate shall be subject to low-level or no supervision, except for specified offenses. Provides that parole or mandatory supervised release shall not be revoked solely for failure to comply with a condition of release that requires the parolee or releasee to affirmatively do something, unless there is sufficient evidence the failure was willful. Provides that when considering whether the failure was willful, the parole agent and the Prisoner Review Board must consider the person's ability to pay and the availability of programs or other resources necessary to compliance. Provides that conditions of parole or mandatory supervised release may (rather than shall) include referral to an alcohol or drug abuse treatment program, as appropriate, only when necessary to comply with trauma and gender informed risk, assets, and needs assessment.


LRB102 25491 RLC 34779 b

 

 

A BILL FOR

 

HB5203LRB102 25491 RLC 34779 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Sections 3-3-7, 3-3-9, and 3-14-2 as follows:
 
6    (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
7    Sec. 3-3-7. Conditions of parole or mandatory supervised
8release.
9    (a) Any and all conditions of parole or mandatory
10supervised release shall be imposed by the Prisoner Review
11Board, unless the conditions of release are being imposed or
12modified by a parole agent in accordance with subsection (i).
13    (b) Any condition imposed by the Prisoner Review Board in
14accordance with subsection (a) shall not be more restrictive
15than necessary to:
16        (1) comply with the parolee or releasee's gender
17    responsive risks, assets, and needs assessment;
18        (2) achieve public safety; and
19        (3) facilitate successful reintegration back into the
20    community.
21    (c) The Prisoner Review Board shall only impose conditions
22of parole or mandatory supervised release that derive from and
23respond to the person in custody's risks, assets, and needs,

 

 

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1as identified through a gender responsive assessment tool, in
2accordance with Section 10 of the Illinois Crime Reduction Act
3of 2009 and Section 3-2.5-85 of this Code, except that:
4        (1) the Prisoner Review Board may depart from the
5    assessment tool's recommendations if it reasonably
6    concludes that a condition:
7            (A) is not necessary to achieve public safety; or
8            (B) impedes the person in custody's ability to
9        successfully reintegrate into the person's community.
10        (2) the Board shall impose any mandatory conditions
11    identified in subsection (n).
12    (d) Prior to the Prisoner Review Board imposing any
13discretionary conditions of release under this Section, the
14person in custody must be provided with a reasonable
15opportunity to contest the discretionary conditions before
16they are imposed; and:
17        (1) the Department or the Board, or both, must provide
18    the person in custody or the person's designated
19    representative with the proposed conditions and any
20    relevant underlying materials or information the Board
21    relies on, including the risk, needs, and asset
22    assessment. These materials must be provided 5 days in
23    advance of the first conditions hearing;
24        (2) the Board must consider any information,
25    materials, or evidence provided by the person in custody;
26        (3) the Board must consider any relevant and

 

 

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1    particularized information, materials, or evidence
2    provided by the Department of Corrections.
3    (e) Discretionary conditions must be based on
4particularized information and evidence before the Prisoner
5Review Board. The Board cannot impose conditions that are
6based on abstract or generalized safety issues, biases or
7stereotypes, or that impose additional punishment.
8    (f) When imposing conditions in accordance with subsection
9(a), the Board shall state in a written order:
10        (1) the imposed conditions of release;
11        (2) the reasonable relation the conditions have to the
12    person in custody's assessment tool recommendations and
13    information provided to the Board; and
14        (3) certification that no less restrictive conditions
15    would assure compliance with subsection (b).
16    (g) A copy of the written order prepared in accordance
17with subsection (f) shall be retained by the Board. A copy
18shall be provided to the person subject to supervision prior
19to their release, and the person shall sign the same before
20release. The signed copy of these conditions, including a copy
21of an order of protection for which one had been issued by a
22circuit court, shall be retained by the person and another
23copy forwarded to the officer in charge of his or her
24supervision.
25    (h) The Department of Corrections shall adopt rules
26establishing that parole agents must make every practicable

 

 

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1effort to facilitate successful reentry and only take
2necessary steps to ensure public safety before deciding to
3revoke parole or mandatory supervised release, and provide a
4framework to guide how agents exercise their discretion to
5effectuate this goal, such as a graduated sanction or
6structured decision-making system that takes positive behavior
7account. Any adopted policies shall be based on evidence or
8research, or both. Nothing in this subsection prevents the
9Department from consulting parole agents, persons on
10supervision, advocates, experts, and others while developing
11these policies.
12    (i) Parole agents shall not modify an existing condition
13of release or add additional conditions of release without
14approval from the Prisoner Review Board in accordance with
15subsection (a) unless doing so under a rule adopted in
16accordance with subsection (h). Notwithstanding any other
17provision of this Section, a parolee or releasee must comply
18with specific instructions of a parole agent related to
19complying with conditions already set and approved by the
20Prisoner Review Board or otherwise imposed by law, exclusive
21of placement on electronic monitoring or home detention.
22    (j) If the Board requires as a condition of parole or
23mandatory supervised release that the person enroll in any
24program, even if mandated by law, both the Board and the
25Department shall ensure that the program is available in the
26county or nearby county in which the person will reside. The

 

 

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1parolee or releasee shall not be penalized if no program is
2available in the county or nearby county in which the parolee
3or releasee resides.
4    (k) The Department shall inform each person in custody of
5optional services and reentry supports available to the person
6before release, and upon request by the parolee or releasee
7after release, shall assist the parolee or releasee in
8locating volunteer reentry supports. After a hearing under
9Section 3-3-9, the Prisoner Review Board may modify or enlarge
10the conditions of parole or mandatory supervised release. To
11comply with paragraphs (1) through (3) of subsection (b):
12        (1) the Board may rely on an existing assessment
13    unless:
14            (A) the completed assessment is more than 6 months
15        old;
16            (B) an updated assessment is available; or
17            (C) the parolee or releasee requests a new
18        assessment; and
19        (2) detention shall not be prolonged to complete an
20    assessment if the Board has already determined that
21    resuming community supervision is appropriate.
22    Nothing in this subsection (k) prevents the person in
23custody from knowingly and intelligently continuing a hearing
24under Section 3-3-9 so that such an assessment can be
25completed.
26    (l) The Prisoner Review Board may impose discretionary

 

 

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1conditions of release in accordance with subsections (a)
2through (c) on the following subjects:
3        (1) compliance with criminal statutes of any
4    jurisdiction while under parole or mandatory supervised
5    release and any related reporting requirements if accused
6    of violating a criminal statute and reporting requirements
7    if ever subject to an order of protection, no contact
8    order, or a stalking no contact order;
9        (2) restrictions on the possession of firearms or
10    other dangerous weapons;
11        (3) mandates regarding the frequency and manner of
12    when the parolee or releasee must report or contact an
13    agent of the Department of Corrections;
14        (4) as provided in subsections (a) through (c) and (h)
15    the parolee or releasee must be evaluated by the
16    Department of Corrections prior to release using a gender
17    responsive, risks, assets, and needs assessment and be
18    subject to a corresponding level of supervision. When
19    appropriate, the Department may reduce the level of
20    supervision. In accordance with the findings of that
21    evaluation:
22            (A) all subjects found to be at a moderate or high
23        risk to recidivate, or on parole or mandatory
24        supervised release for first degree murder, a forcible
25        felony as defined in Section 2-8 of the Criminal Code
26        of 2012, any felony that requires registration as a

 

 

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1        sex offender under the Sex Offender Registration Act,
2        or a Class X felony or Class 1 felony that is not a
3        violation of the Cannabis Control Act, the Illinois
4        Controlled Substances Act, or the Methamphetamine
5        Control and Community Protection Act, shall be subject
6        to high level supervision. The Department shall define
7        high level supervision based upon evidence-based and
8        research-based practices. Notwithstanding this
9        placement on high level supervision, placement of the
10        subject on electronic monitoring or home detention
11        shall not occur unless it is required by law or
12        expressly ordered or approved by the Prisoner Review
13        Board; and
14            (B) all subjects found to be at a low risk to
15        recidivate shall be subject to low-level or no
16        supervision, except for those subjects on parole or
17        mandatory supervised release for first degree murder,
18        a forcible felony as defined in Section 2-8 of the
19        Criminal Code of 2012, any felony that requires
20        registration as a sex offender under the Sex Offender
21        Registration Act, or a Class X felony or Class 1 felony
22        that is not a violation of the Cannabis Control Act,
23        the Illinois Controlled Substances Act, or the
24        Methamphetamine Control and Community Protection Act.
25        Low level supervision shall require the subject to
26        check in with the supervising officer via phone or

 

 

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1        other electronic means. Notwithstanding this placement
2        on low level supervision, placement of the subject on
3        electronic monitoring or home detention shall not
4        occur unless it is required by law or expressly
5        ordered or approved by the Prisoner Review Board;
6        (5) whether the person must permit the agent to visit
7    him or her at his or her home, employment, or elsewhere to
8    the extent necessary for the parole agent to discharge the
9    agent's duties;
10        (6) restrictions or mandates related to curfews or
11    travel, including, but not limited to, whether and when
12    prior approval is ever required;
13        (7) notify the person's parole agent before changing
14    the person's residence or employment, or within 3 days
15    after changing residence or employment;
16        (8) restrictions or mandates on associating or
17    contacting certain persons or classes of persons;
18        (9) consent-to-search mandates or restrictions;
19        (10) good faith efforts to maintain contact with and
20    cooperate with a parole agent;
21        (11) mandatory participation in the labor market,
22    programs, services, or treatment, unless a disability
23    prevents the parolee or releasee from participating. For
24    purposes of this paragraph (11), disability shall be
25    construed consistent with the federal Americans with
26    Disabilities Act of 1990. Such conditions may include:

 

 

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1            (A) work requirements;
2            (B) educational or vocational training; or
3            (C) medical, psychiatric, behavioral, addiction,
4        or other clinical services.
5    (m) The following conditions of parole or mandatory
6supervised release shall be imposed by the Prisoner Review
7Board or operation of law, as specified:
8        (1) if convicted of a sex offense as defined in the Sex
9    Offender Management Board Act, the individual shall
10    undergo and successfully complete sex offender treatment
11    conducted in conformance with the standards developed by
12    the Sex Offender Management Board Act by a treatment
13    provider approved by the Board;
14        (2) if convicted of a sex offense as defined in the Sex
15    Offender Management Board Act, refrain from residing at
16    the same address or in the same condominium unit or
17    apartment unit or in the same condominium complex or
18    apartment complex with another person he or she knows or
19    reasonably should know is a convicted sex offender or has
20    been placed on supervision for a sex offense; the
21    provisions of this paragraph do not apply to a person
22    convicted of a sex offense who is placed in a Department of
23    Corrections licensed transitional housing facility for sex
24    offenders, or is in any facility operated or licensed by
25    the Department of Children and Family Services or by the
26    Department of Human Services, or is in any licensed

 

 

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1    medical facility;
2        (3) if convicted for an offense that would qualify the
3    accused as a sexual predator under the Sex Offender
4    Registration Act on or after January 1, 2007 (the
5    effective date of Public Act 94-988), wear an approved
6    electronic monitoring device as defined in Section 5-8A-2
7    for the duration of the person's parole, mandatory
8    supervised release term, or extended mandatory supervised
9    release term and if convicted for an offense of criminal
10    sexual assault, aggravated criminal sexual assault,
11    predatory criminal sexual assault of a child, criminal
12    sexual abuse, aggravated criminal sexual abuse, or
13    ritualized abuse of a child committed on or after August
14    11, 2009 (the effective date of Public Act 96-236) when
15    the victim was under 18 years of age at the time of the
16    commission of the offense and the defendant used force or
17    the threat of force in the commission of the offense wear
18    an approved electronic monitoring device as defined in
19    Section 5-8A-2 that has Global Positioning System (GPS)
20    capability for the duration of the person's parole,
21    mandatory supervised release term, or extended mandatory
22    supervised release term;
23        (4) if convicted for an offense committed on or after
24    June 1, 2008 (the effective date of Public Act 95-464)
25    that would qualify the accused as a child sex offender as
26    defined in Section 11-9.3 or 11-9.4 of the Criminal Code

 

 

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1    of 1961 or the Criminal Code of 2012, refrain from
2    communicating with or contacting, by means of the
3    Internet, a person who is not related to the accused and
4    whom the accused reasonably believes to be under 18 years
5    of age; for purposes of this paragraph (4), "Internet" has
6    the meaning ascribed to it in Section 16-0.1 of the
7    Criminal Code of 2012; and a person is not related to the
8    accused if the person is not:
9            (A) the spouse, brother, or sister of the accused;
10            (B) a descendant of the accused;
11            (C) a first or second cousin of the accused; or
12            (D) a step-child or adopted child of the accused;
13        (5) if convicted under Section 11-6, 11-20.1,11-20.1B,
14    11-20.3, or 11-21 of the Criminal Code of 1961 or the
15    Criminal Code of 2012, consent to search of computers,
16    PDAs, cellular phones, and other devices under his or her
17    control that are capable of accessing the Internet or
18    storing electronic files, in order to confirm Internet
19    protocol addresses reported in accordance with the Sex
20    Offender Registration Act and compliance with conditions
21    in this Act;
22        (6) if convicted for an offense that would qualify the
23    accused as a sex offender or sexual predator under the Sex
24    Offender Registration Act on or after June 1, 2008 (the
25    effective date of Public Act 95-640), not possess
26    prescription drugs for erectile dysfunction;

 

 

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1        (7) if convicted for an offense under Section 11-6,
2    11-9.1, 11-14.4 that involves soliciting for a juvenile
3    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
4    of the Criminal Code of 1961 or the Criminal Code of 2012,
5    or any attempt to commit any of these offenses, committed
6    on or after June 1, 2009 (the effective date of Public Act
7    95-983);
8        (8) not access or use a computer or any other device
9    with Internet capability without the prior written
10    approval of the Department;
11        (9) submit to periodic unannounced examinations of the
12    offender's computer or any other device with Internet
13    capability by the offender's supervising agent, a law
14    enforcement officer, or assigned computer or information
15    technology specialist, including the retrieval and copying
16    of all data from the computer or device and any internal or
17    external peripherals and removal of such information,
18    equipment, or device to conduct a more thorough
19    inspection;
20        (10) 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        (11) submit to any other appropriate restrictions
25    concerning the offender's use of or access to a computer
26    or any other device with Internet capability imposed by

 

 

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1    the Board, the Department or the offender's supervising
2    agent;
3        (12) if convicted of a sex offense as defined in the
4    Sex Offender Registration Act committed on or after
5    January 1, 2010 (the effective date of Public Act 96-262),
6    refrain from accessing or using a social networking
7    website as defined in Section 17-0.5 of the Criminal Code
8    of 2012;
9        (13) if convicted of a sex offense as defined in
10    Section 2 of the Sex Offender Registration Act committed
11    on or after January 1, 2010 (the effective date of Public
12    Act 96-362) that requires the person to register as a sex
13    offender under that Act, may not knowingly use any
14    computer scrub software on any computer that the sex
15    offender uses;
16        (14) if convicted of a sex offense as defined in
17    subsection (a-5) of Section 3-1-2 of this Code, unless the
18    offender is a parent or guardian of the person under 18
19    years of age present in the home and no non-familial
20    minors are present, not participate in a holiday event
21    involving children under 18 years of age, such as
22    distributing candy or other items to children on
23    Halloween, wearing a Santa Claus costume on or preceding
24    Christmas, being employed as a department store Santa
25    Claus, or wearing an Easter Bunny costume on or preceding
26    Easter;

 

 

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1        (15) if convicted of a violation of an order of
2    protection under Section 12-3.4 or Section 12-30 of the
3    Criminal Code of 1961 or the Criminal Code of 2012, be
4    placed under electronic surveillance as provided in
5    Section 5-8A-7 of this Code;
6        (16) comply with the terms and conditions of an order
7    of protection issued in accordance with the Illinois
8    Domestic Violence Act of 1986; an order of protection
9    issued by the court of another state, tribe, or United
10    States territory; a no contact order issued in accordance
11    with the Civil No Contact Order Act; or a no contact order
12    issued in accordance with the Stalking No Contact Order
13    Act;
14        (17) if convicted of a violation of the
15    Methamphetamine Control and Community Protection Act, the
16    Methamphetamine Precursor Control Act, or a
17    methamphetamine related offense, be:
18            (A) prohibited from purchasing, possessing, or
19        having under his or her control any product containing
20        pseudoephedrine unless prescribed by a physician; and
21            (B) prohibited from purchasing, possessing, or
22        having under his or her control any product containing
23        ammonium nitrate;
24        (18) if convicted of a hate crime under Section 12-7.1
25    of the Criminal Code of 2012, perform public or community
26    service of no less than 200 hours and enroll in an

 

 

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1    educational program discouraging hate crimes involving the
2    protected class identified in subsection (a) of Section
3    12-7.1 of the Criminal Code of 2012 that gave rise to the
4    offense the offender committed ordered by the court; and
5        (19) if convicted for an offense committed on or after
6    June 1, 2008 (the effective date of Public Act 95-464)
7    that would qualify the accused as a child sex offender as
8    defined in Section 11-9.3 or 11-9.4 of the Criminal Code
9    of 1961 or the Criminal Code of 2012, refrain from
10    communicating with or contacting, by means of the
11    Internet, a person who is related to the accused and whom
12    the accused reasonably believes to be under 18 years of
13    age; for purposes of this paragraph (19) "Internet" has
14    the meaning ascribed to it in Section 16-0.1 of the
15    Criminal Code of 2012; and a person is related to the
16    accused if the person is:
17            (A) the spouse, brother, or sister of the accused;
18            (B) a descendant of the accused;
19            (C) a first or second cousin of the accused;
20            (D) a step-child or adopted child of the accused;
21        or
22            (E) if convicted for an offense committed on or
23        after June 1, 2009 (the effective date of Public Act
24        95-983) that would qualify as a sex offense as defined
25        in the Sex Offender Registration Act:
26                (i) not access or use a computer or any other

 

 

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1            device with Internet capability without the prior
2            written approval of the Department;
3                (ii) submit to periodic unannounced
4            examinations of the offender's computer or any
5            other device with Internet capability by the
6            offender's supervising agent, a law enforcement
7            officer, or assigned computer or information
8            technology specialist, including the retrieval and
9            copying of all data from the computer or device
10            and any internal or external peripherals and
11            removal of such information, equipment, or device
12            to conduct a more thorough inspection;
13                (iii) submit to the installation on the
14            offender's computer or device with Internet
15            capability, at the offender's expense, of one or
16            more hardware or software systems to monitor the
17            Internet use;
18                (iv) submit to any other appropriate
19            restrictions concerning the offender's use of or
20            access to a computer or any other device with
21            Internet capability imposed by the Board, the
22            Department or the offender's supervising agent;
23        (20) in addition, if a minor:
24            (A) reside with his or her parents or in a foster
25        home;
26            (B) attend school;

 

 

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1            (C) attend a non-residential program for youth; or
2            (D) contribute to his or her own support at home or
3        in a foster home; and
4        (21) in addition to the conditions set forth in
5    paragraphs (1) through (9) of this subsections (m) persons
6    required to register as sex offenders in accordance with
7    the Sex Offender Registration Act, upon release from the
8    custody of the Illinois Department of Corrections, may be
9    required by the Board to comply with the following
10    specific conditions of release:
11            (A) reside only at a Department approved location;
12            (B) comply with all requirements of the Sex
13        Offender Registration Act;
14            (C) notify third parties of the risks that may be
15        occasioned by his or her criminal record;
16            (D) obtain the approval of an agent of the
17        Department of Corrections prior to accepting
18        employment or pursuing a course of study or vocational
19        training and notify the Department prior to any change
20        in employment, study, or training;
21            (E) not be employed or participate in any
22        volunteer activity that involves contact with
23        children, except under circumstances approved in
24        advance and in writing by an agent of the Department of
25        Corrections;
26            (F) be electronically monitored for a minimum of

 

 

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1        12 months from the date of release as determined by the
2        Board;
3            (G) refrain from entering into a designated
4        geographic area except upon terms approved in advance
5        by an agent of the Department of Corrections. The
6        terms may include consideration of the purpose of the
7        entry, the time of day, and others accompanying the
8        person;
9            (H) refrain from having any contact, including
10        written or oral communications, directly or
11        indirectly, personally or by telephone, letter, or
12        through a third party with certain specified persons
13        including, but not limited to, the victim or the
14        victim's family without the prior written approval of
15        an agent of the Department of Corrections;
16            (I) refrain from all contact, directly or
17        indirectly, personally, by telephone, letter, or
18        through a third party, with minor children without
19        prior identification and approval of an agent of the
20        Department of Corrections;
21            (J) neither possess or have under his or her
22        control any material that is sexually oriented,
23        sexually stimulating, or that shows male or female sex
24        organs or any pictures depicting children under 18
25        years of age nude or any written or audio material
26        describing sexual intercourse or that depicts or

 

 

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1        alludes to sexual activity, including but not limited
2        to visual, auditory, telephonic, or electronic media,
3        or any matter obtained through access to any computer
4        or material linked to computer access use;
5            (K) not patronize any business providing sexually
6        stimulating or sexually oriented entertainment nor
7        utilize "900" or adult telephone numbers;
8            (L) not reside near, visit, or be in or about
9        parks, schools, day care centers, swimming pools,
10        beaches, theaters, or any other places where minor
11        children congregate without advance approval of an
12        agent of the Department of Corrections and immediately
13        report any incidental contact with minor children to
14        the Department;
15            (M) not possess or have under his or her control
16        certain specified items of contraband related to the
17        incidence of sexually offending as determined by an
18        agent of the Department of Corrections;
19            (N) may be required to provide a written daily log
20        of activities if directed by an agent of the
21        Department of Corrections;
22            (O) comply with all other special conditions that
23        the Department may impose that restrict the person
24        from high-risk situations and limit access to
25        potential victims;
26            (P) take an annual polygraph exam;

 

 

HB5203- 20 -LRB102 25491 RLC 34779 b

1            (Q) maintain a log of his or her travel; or
2            (R) obtain prior approval of his or her parole
3        officer before driving alone in a motor vehicle.
4    (a) The conditions of parole or mandatory supervised
5release shall be such as the Prisoner Review Board deems
6necessary to assist the subject in leading a law-abiding life.
7The conditions of every parole and mandatory supervised
8release are that the subject:
9        (1) not violate any criminal statute of any
10    jurisdiction during the parole or release term;
11        (2) refrain from possessing a firearm or other
12    dangerous weapon;
13        (3) report to an agent of the Department of
14    Corrections;
15        (4) permit the agent to visit him or her at his or her
16    home, employment, or elsewhere to the extent necessary for
17    the agent to discharge his or her duties;
18        (5) attend or reside in a facility established for the
19    instruction or residence of persons on parole or mandatory
20    supervised release;
21        (6) secure permission before visiting or writing a
22    committed person in an Illinois Department of Corrections
23    facility;
24        (7) report all arrests to an agent of the Department
25    of Corrections as soon as permitted by the arresting
26    authority but in no event later than 24 hours after

 

 

HB5203- 21 -LRB102 25491 RLC 34779 b

1    release from custody and immediately report service or
2    notification of an order of protection, a civil no contact
3    order, or a stalking no contact order to an agent of the
4    Department of Corrections;
5        (7.5) if convicted of a sex offense as defined in the
6    Sex Offender Management Board Act, the individual shall
7    undergo and successfully complete sex offender treatment
8    conducted in conformance with the standards developed by
9    the Sex Offender Management Board Act by a treatment
10    provider approved by the Board;
11        (7.6) if convicted of a sex offense as defined in the
12    Sex Offender Management Board Act, refrain from residing
13    at the same address or in the same condominium unit or
14    apartment unit or in the same condominium complex or
15    apartment complex with another person he or she knows or
16    reasonably should know is a convicted sex offender or has
17    been placed on supervision for a sex offense; the
18    provisions of this paragraph do not apply to a person
19    convicted of a sex offense who is placed in a Department of
20    Corrections licensed transitional housing facility for sex
21    offenders, or is in any facility operated or licensed by
22    the Department of Children and Family Services or by the
23    Department of Human Services, or is in any licensed
24    medical facility;
25        (7.7) if convicted for an offense that would qualify
26    the accused as a sexual predator under the Sex Offender

 

 

HB5203- 22 -LRB102 25491 RLC 34779 b

1    Registration Act on or after January 1, 2007 (the
2    effective date of Public Act 94-988), wear an approved
3    electronic monitoring device as defined in Section 5-8A-2
4    for the duration of the person's parole, mandatory
5    supervised release term, or extended mandatory supervised
6    release term and if convicted for an offense of criminal
7    sexual assault, aggravated criminal sexual assault,
8    predatory criminal sexual assault of a child, criminal
9    sexual abuse, aggravated criminal sexual abuse, or
10    ritualized abuse of a child committed on or after August
11    11, 2009 (the effective date of Public Act 96-236) when
12    the victim was under 18 years of age at the time of the
13    commission of the offense and the defendant used force or
14    the threat of force in the commission of the offense wear
15    an approved electronic monitoring device as defined in
16    Section 5-8A-2 that has Global Positioning System (GPS)
17    capability 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
21    after June 1, 2008 (the effective date of Public Act
22    95-464) that would qualify the accused as a child sex
23    offender as defined in Section 11-9.3 or 11-9.4 of the
24    Criminal Code of 1961 or the Criminal Code of 2012,
25    refrain from communicating with or contacting, by means of
26    the Internet, a person who is not related to the accused

 

 

HB5203- 23 -LRB102 25491 RLC 34779 b

1    and whom the accused reasonably believes to be under 18
2    years of age; for purposes of this paragraph (7.8),
3    "Internet" has the meaning ascribed to it in Section
4    16-0.1 of the Criminal Code of 2012; and a person is not
5    related to the accused if the person is not: (i) the
6    spouse, brother, or sister of the accused; (ii) a
7    descendant of the accused; (iii) a first or second cousin
8    of the accused; or (iv) a step-child or adopted child of
9    the accused;
10        (7.9) if convicted under Section 11-6, 11-20.1,
11    11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961
12    or the Criminal Code of 2012, consent to search of
13    computers, PDAs, cellular phones, and other devices under
14    his or her control that are capable of accessing the
15    Internet or storing electronic files, in order to confirm
16    Internet protocol addresses reported in accordance with
17    the Sex Offender Registration Act and compliance with
18    conditions in this Act;
19        (7.10) if convicted for an offense that would qualify
20    the accused as a sex offender or sexual predator under the
21    Sex Offender Registration Act on or after June 1, 2008
22    (the effective date of Public Act 95-640), not possess
23    prescription drugs for erectile dysfunction;
24        (7.11) if convicted for an offense under Section 11-6,
25    11-9.1, 11-14.4 that involves soliciting for a juvenile
26    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21

 

 

HB5203- 24 -LRB102 25491 RLC 34779 b

1    of the Criminal Code of 1961 or the Criminal Code of 2012,
2    or any attempt to commit any of these offenses, committed
3    on or after June 1, 2009 (the effective date of Public Act
4    95-983):
5            (i) not access or use a computer or any other
6        device with Internet capability without the prior
7        written approval of the Department;
8            (ii) submit to periodic unannounced examinations
9        of the offender's computer or any other device with
10        Internet capability by the offender's supervising
11        agent, a law enforcement officer, or assigned computer
12        or information technology specialist, including the
13        retrieval and copying of all data from the computer or
14        device and any internal or external peripherals and
15        removal of such information, equipment, or device to
16        conduct a more thorough inspection;
17            (iii) submit to the installation on the offender's
18        computer or device with Internet capability, at the
19        offender's expense, of one or more hardware or
20        software systems to monitor the Internet use; and
21            (iv) submit to any other appropriate restrictions
22        concerning the offender's use of or access to a
23        computer or any other device with Internet capability
24        imposed by the Board, the Department or the offender's
25        supervising agent;
26        (7.12) if convicted of a sex offense as defined in the

 

 

HB5203- 25 -LRB102 25491 RLC 34779 b

1    Sex Offender Registration Act committed on or after
2    January 1, 2010 (the effective date of Public Act 96-262),
3    refrain from accessing or using a social networking
4    website as defined in Section 17-0.5 of the Criminal Code
5    of 2012;
6        (7.13) if convicted of a sex offense as defined in
7    Section 2 of the Sex Offender Registration Act committed
8    on or after January 1, 2010 (the effective date of Public
9    Act 96-362) that requires the person to register as a sex
10    offender under that Act, may not knowingly use any
11    computer scrub software on any computer that the sex
12    offender uses;
13        (8) obtain permission of an agent of the Department of
14    Corrections before leaving the State of Illinois;
15        (9) obtain permission of an agent of the Department of
16    Corrections before changing his or her residence or
17    employment;
18        (10) consent to a search of his or her person,
19    property, or residence under his or her control;
20        (11) refrain from the use or possession of narcotics
21    or other controlled substances in any form, or both, or
22    any paraphernalia related to those substances and submit
23    to a urinalysis test as instructed by a parole agent of the
24    Department of Corrections;
25        (12) not knowingly frequent places where controlled
26    substances are illegally sold, used, distributed, or

 

 

HB5203- 26 -LRB102 25491 RLC 34779 b

1    administered;
2        (13) except when the association described in either
3    subparagraph (A) or (B) of this paragraph (13) involves
4    activities related to community programs, worship
5    services, volunteering, engaging families, or some other
6    pro-social activity in which there is no evidence of
7    criminal intent:
8            (A) not knowingly associate with other persons on
9        parole or mandatory supervised release without prior
10        written permission of his or her parole agent; or
11            (B) not knowingly associate with persons who are
12        members of an organized gang as that term is defined in
13        the Illinois Streetgang Terrorism Omnibus Prevention
14        Act;
15        (14) provide true and accurate information, as it
16    relates to his or her adjustment in the community while on
17    parole or mandatory supervised release or to his or her
18    conduct while incarcerated, in response to inquiries by
19    his or her parole agent or of the Department of
20    Corrections;
21        (15) follow any specific instructions provided by the
22    parole agent that are consistent with furthering
23    conditions set and approved by the Prisoner Review Board
24    or by law, exclusive of placement on electronic detention,
25    to achieve the goals and objectives of his or her parole or
26    mandatory supervised release or to protect the public.

 

 

HB5203- 27 -LRB102 25491 RLC 34779 b

1    These instructions by the parole agent may be modified at
2    any time, as the agent deems appropriate;
3        (16) if convicted of a sex offense as defined in
4    subsection (a-5) of Section 3-1-2 of this Code, unless the
5    offender is a parent or guardian of the person under 18
6    years of age present in the home and no non-familial
7    minors are present, not participate in a holiday event
8    involving children under 18 years of age, such as
9    distributing candy or other items to children on
10    Halloween, wearing a Santa Claus costume on or preceding
11    Christmas, being employed as a department store Santa
12    Claus, or wearing an Easter Bunny costume on or preceding
13    Easter;
14        (17) if convicted of a violation of an order of
15    protection under Section 12-3.4 or Section 12-30 of the
16    Criminal Code of 1961 or the Criminal Code of 2012, be
17    placed under electronic surveillance as provided in
18    Section 5-8A-7 of this Code;
19        (18) comply with the terms and conditions of an order
20    of protection issued pursuant to the Illinois Domestic
21    Violence Act of 1986; an order of protection issued by the
22    court of another state, tribe, or United States territory;
23    a no contact order issued pursuant to the Civil No Contact
24    Order Act; or a no contact order issued pursuant to the
25    Stalking No Contact Order Act;
26        (19) if convicted of a violation of the

 

 

HB5203- 28 -LRB102 25491 RLC 34779 b

1    Methamphetamine Control and Community Protection Act, the
2    Methamphetamine Precursor Control Act, or a
3    methamphetamine related offense, be:
4            (A) prohibited from purchasing, possessing, or
5        having under his or her control any product containing
6        pseudoephedrine unless prescribed by a physician; and
7            (B) prohibited from purchasing, possessing, or
8        having under his or her control any product containing
9        ammonium nitrate;
10        (20) if convicted of a hate crime under Section 12-7.1
11    of the Criminal Code of 2012, perform public or community
12    service of no less than 200 hours and enroll in an
13    educational program discouraging hate crimes involving the
14    protected class identified in subsection (a) of Section
15    12-7.1 of the Criminal Code of 2012 that gave rise to the
16    offense the offender committed ordered by the court; and
17        (21) be evaluated by the Department of Corrections
18    prior to release using a validated risk assessment and be
19    subject to a corresponding level of supervision. In
20    accordance with the findings of that evaluation:
21            (A) All subjects found to be at a moderate or high
22        risk to recidivate, or on parole or mandatory
23        supervised release for first degree murder, a forcible
24        felony as defined in Section 2-8 of the Criminal Code
25        of 2012, any felony that requires registration as a
26        sex offender under the Sex Offender Registration Act,

 

 

HB5203- 29 -LRB102 25491 RLC 34779 b

1        or a Class X felony or Class 1 felony that is not a
2        violation of the Cannabis Control Act, the Illinois
3        Controlled Substances Act, or the Methamphetamine
4        Control and Community Protection Act, shall be subject
5        to high level supervision. The Department shall define
6        high level supervision based upon evidence-based and
7        research-based practices. Notwithstanding this
8        placement on high level supervision, placement of the
9        subject on electronic monitoring or detention shall
10        not occur unless it is required by law or expressly
11        ordered or approved by the Prisoner Review Board.
12            (B) All subjects found to be at a low risk to
13        recidivate shall be subject to low-level supervision,
14        except for those subjects on parole or mandatory
15        supervised release for first degree murder, a forcible
16        felony as defined in Section 2-8 of the Criminal Code
17        of 2012, any felony that requires registration as a
18        sex offender under the Sex Offender Registration Act,
19        or a Class X felony or Class 1 felony that is not a
20        violation of the Cannabis Control Act, the Illinois
21        Controlled Substances Act, or the Methamphetamine
22        Control and Community Protection Act. Low level
23        supervision shall require the subject to check in with
24        the supervising officer via phone or other electronic
25        means. Notwithstanding this placement on low level
26        supervision, placement of the subject on electronic

 

 

HB5203- 30 -LRB102 25491 RLC 34779 b

1        monitoring or detention shall not occur unless it is
2        required by law or expressly ordered or approved by
3        the Prisoner Review Board.
4    (b) The Board may in addition to other conditions require
5that the subject:
6        (1) work or pursue a course of study or vocational
7    training;
8        (2) undergo medical or psychiatric treatment, or
9    treatment for drug addiction or alcoholism;
10        (3) attend or reside in a facility established for the
11    instruction or residence of persons on probation or
12    parole;
13        (4) support his or her dependents;
14        (5) (blank);
15        (6) (blank);
16        (7) (blank);
17        (7.5) if convicted for an offense committed on or
18    after the effective date of this amendatory Act of the
19    95th General Assembly that would qualify the accused as a
20    child sex offender as defined in Section 11-9.3 or 11-9.4
21    of the Criminal Code of 1961 or the Criminal Code of 2012,
22    refrain from communicating with or contacting, by means of
23    the Internet, a person who is related to the accused and
24    whom the accused reasonably believes to be under 18 years
25    of age; for purposes of this paragraph (7.5), "Internet"
26    has the meaning ascribed to it in Section 16-0.1 of the

 

 

HB5203- 31 -LRB102 25491 RLC 34779 b

1    Criminal Code of 2012; and a person is related to the
2    accused if the person is: (i) the spouse, brother, or
3    sister of the accused; (ii) a descendant of the accused;
4    (iii) a first or second cousin of the accused; or (iv) a
5    step-child or adopted child of the accused;
6        (7.6) if convicted for an offense committed on or
7    after June 1, 2009 (the effective date of Public Act
8    95-983) that would qualify as a sex offense as defined in
9    the Sex Offender Registration Act:
10            (i) not access or use a computer or any other
11        device with Internet capability without the prior
12        written approval of the Department;
13            (ii) submit to periodic unannounced examinations
14        of the offender's computer or any other device with
15        Internet capability by the offender's supervising
16        agent, a law enforcement officer, or assigned computer
17        or information technology specialist, including the
18        retrieval and copying of all data from the computer or
19        device and any internal or external peripherals and
20        removal of such information, equipment, or device to
21        conduct a more thorough inspection;
22            (iii) submit to the installation on the offender's
23        computer or device with Internet capability, at the
24        offender's expense, of one or more hardware or
25        software systems to monitor the Internet use; and
26            (iv) submit to any other appropriate restrictions

 

 

HB5203- 32 -LRB102 25491 RLC 34779 b

1        concerning the offender's use of or access to a
2        computer or any other device with Internet capability
3        imposed by the Board, the Department or the offender's
4        supervising agent; and
5        (8) in addition, if a minor:
6            (i) reside with his or her parents or in a foster
7        home;
8            (ii) attend school;
9            (iii) attend a non-residential program for youth;
10        or
11            (iv) contribute to his or her own support at home
12        or in a foster home.
13    (b-1) In addition to the conditions set forth in
14subsections (a) and (b), persons required to register as sex
15offenders pursuant to the Sex Offender Registration Act, upon
16release from the custody of the Illinois Department of
17Corrections, may be required by the Board to comply with the
18following specific conditions of release:
19        (1) reside only at a Department approved location;
20        (2) comply with all requirements of the Sex Offender
21    Registration Act;
22        (3) notify third parties of the risks that may be
23    occasioned by his or her criminal record;
24        (4) obtain the approval of an agent of the Department
25    of Corrections prior to accepting employment or pursuing a
26    course of study or vocational training and notify the

 

 

HB5203- 33 -LRB102 25491 RLC 34779 b

1    Department prior to any change in employment, study, or
2    training;
3        (5) not be employed or participate in any volunteer
4    activity that involves contact with children, except under
5    circumstances approved in advance and in writing by an
6    agent of the Department of Corrections;
7        (6) be electronically monitored for a minimum of 12
8    months from the date of release as determined by the
9    Board;
10        (7) refrain from entering into a designated geographic
11    area except upon terms approved in advance by an agent of
12    the Department of Corrections. The terms may include
13    consideration of the purpose of the entry, the time of
14    day, and others accompanying the person;
15        (8) refrain from having any contact, including written
16    or oral communications, directly or indirectly, personally
17    or by telephone, letter, or through a third party with
18    certain specified persons including, but not limited to,
19    the victim or the victim's family without the prior
20    written approval of an agent of the Department of
21    Corrections;
22        (9) refrain from all contact, directly or indirectly,
23    personally, by telephone, letter, or through a third
24    party, with minor children without prior identification
25    and approval of an agent of the Department of Corrections;
26        (10) neither possess or have under his or her control

 

 

HB5203- 34 -LRB102 25491 RLC 34779 b

1    any material that is sexually oriented, sexually
2    stimulating, or that shows male or female sex organs or
3    any pictures depicting children under 18 years of age nude
4    or any written or audio material describing sexual
5    intercourse or that depicts or alludes to sexual activity,
6    including but not limited to visual, auditory, telephonic,
7    or electronic media, or any matter obtained through access
8    to any computer or material linked to computer access use;
9        (11) not patronize any business providing sexually
10    stimulating or sexually oriented entertainment nor utilize
11    "900" or adult telephone numbers;
12        (12) not reside near, visit, or be in or about parks,
13    schools, day care centers, swimming pools, beaches,
14    theaters, or any other places where minor children
15    congregate without advance approval of an agent of the
16    Department of Corrections and immediately report any
17    incidental contact with minor children to the Department;
18        (13) not possess or have under his or her control
19    certain specified items of contraband related to the
20    incidence of sexually offending as determined by an agent
21    of the Department of Corrections;
22        (14) may be required to provide a written daily log of
23    activities if directed by an agent of the Department of
24    Corrections;
25        (15) comply with all other special conditions that the
26    Department may impose that restrict the person from

 

 

HB5203- 35 -LRB102 25491 RLC 34779 b

1    high-risk situations and limit access to potential
2    victims;
3        (16) take an annual polygraph exam;
4        (17) maintain a log of his or her travel; or
5        (18) obtain prior approval of his or her parole
6    officer before driving alone in a motor vehicle.
7    (c) The conditions under which the parole or mandatory
8supervised release is to be served shall be communicated to
9the person in writing prior to his or her release, and he or
10she shall sign the same before release. A signed copy of these
11conditions, including a copy of an order of protection where
12one had been issued by the criminal court, shall be retained by
13the person and another copy forwarded to the officer in charge
14of his or her supervision.
15    (d) After a hearing under Section 3-3-9, the Prisoner
16Review Board may modify or enlarge the conditions of parole or
17mandatory supervised release.
18    (e) The Department shall inform all offenders committed to
19the Department of the optional services available to them upon
20release and shall assist inmates in availing themselves of
21such optional services upon their release on a voluntary
22basis.
23    (f) (Blank).
24(Source: P.A. 100-201, eff. 8-18-17; 100-260, eff. 1-1-18;
25100-575, eff. 1-8-18; 101-382, eff. 8-16-19.)
 

 

 

HB5203- 36 -LRB102 25491 RLC 34779 b

1    (730 ILCS 5/3-3-9)  (from Ch. 38, par. 1003-3-9)
2    Sec. 3-3-9. Violations; changes of conditions; preliminary
3hearing; revocation of parole or mandatory supervised release;
4revocation hearing.
5    (a) If prior to expiration or termination of the term of
6parole or mandatory supervised release, a person violates a
7condition set by the Prisoner Review Board or a condition of
8parole or mandatory supervised release under Section 3-3-7 of
9this Code to govern that term, the Board may:
10        (1) continue the existing term, with or without
11    modifying or enlarging the conditions; or
12        (1.5) for those released as a result of youthful
13    offender parole as set forth in Section 5-4.5-115 of this
14    Code, order that the inmate be subsequently rereleased to
15    serve a specified mandatory supervised release term not to
16    exceed the full term permitted under the provisions of
17    Section 5-4.5-115 and subsection (d) of Section 5-8-1 of
18    this Code and may modify or enlarge the conditions of the
19    release as the Board deems proper; or
20        (2) parole or release the person to a half-way house;
21    or
22        (3) revoke the parole or mandatory supervised release
23    and reconfine the person for a term computed in the
24    following manner:
25            (i) (A) For those sentenced under the law in
26        effect prior to this amendatory Act of 1977, the

 

 

HB5203- 37 -LRB102 25491 RLC 34779 b

1        recommitment shall be for any portion of the imposed
2        maximum term of imprisonment or confinement which had
3        not been served at the time of parole and the parole
4        term, less the time elapsed between the parole of the
5        person and the commission of the violation for which
6        parole was revoked;
7            (B) Except as set forth in paragraphs (C) and (D),
8        for those subject to mandatory supervised release
9        under paragraph (d) of Section 5-8-1 of this Code, the
10        recommitment shall be for the total mandatory
11        supervised release term, less the time elapsed between
12        the release of the person and the commission of the
13        violation for which mandatory supervised release is
14        revoked. The Board may also order that a prisoner
15        serve up to one year of the sentence imposed by the
16        court which was not served due to the accumulation of
17        sentence credit;
18            (C) For those subject to sex offender supervision
19        under clause (d)(4) of Section 5-8-1 of this Code, the
20        reconfinement period for violations of clauses (a)(3)
21        through (b-1)(15) of Section 3-3-7 shall not exceed 2
22        years from the date of reconfinement;
23            (D) For those released as a result of youthful
24        offender parole as set forth in Section 5-4.5-115 of
25        this Code, the reconfinement period shall be for the
26        total mandatory supervised release term, less the time

 

 

HB5203- 38 -LRB102 25491 RLC 34779 b

1        elapsed between the release of the person and the
2        commission of the violation for which mandatory
3        supervised release is revoked. The Board may also
4        order that a prisoner serve up to one year of the
5        mandatory supervised release term previously earned.
6        The Board may also order that the inmate be
7        subsequently rereleased to serve a specified mandatory
8        supervised release term not to exceed the full term
9        permitted under the provisions of Section 5-4.5-115
10        and subsection (d) of Section 5-8-1 of this Code and
11        may modify or enlarge the conditions of the release as
12        the Board deems proper;
13             (ii) the person shall be given credit against the
14        term of reimprisonment or reconfinement for time spent
15        in custody since he or she was paroled or released
16        which has not been credited against another sentence
17        or period of confinement;
18             (iii) (blank);
19             (iv) this Section is subject to the release under
20        supervision and the reparole and rerelease provisions
21        of Section 3-3-10.
22    (b) The Board may revoke parole or mandatory supervised
23release for violation of a condition for the duration of the
24term and for any further period which is reasonably necessary
25for the adjudication of matters arising before its expiration.
26The issuance of a warrant of arrest for an alleged violation of

 

 

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1the conditions of parole or mandatory supervised release shall
2toll the running of the term until the final determination of
3the charge. When parole or mandatory supervised release is not
4revoked that period shall be credited to the term, unless a
5community-based sanction is imposed as an alternative to
6revocation and reincarceration, including a diversion
7established by the Illinois Department of Corrections Parole
8Services Unit prior to the holding of a preliminary parole
9revocation hearing. Parolees who are diverted to a
10community-based sanction shall serve the entire term of parole
11or mandatory supervised release, if otherwise appropriate.
12    (b-5) The Board shall revoke parole or mandatory
13supervised release for violation of the conditions prescribed
14in paragraph (7.6) of subsection (a) of Section 3-3-7.
15    (c) A person charged with violating a condition of parole
16or mandatory supervised release shall have a preliminary
17hearing before a hearing officer designated by the Board to
18determine if there is cause to hold the person for a revocation
19hearing. However, no preliminary hearing need be held when
20revocation is based upon new criminal charges and a court
21finds probable cause on the new criminal charges or when the
22revocation is based upon a new criminal conviction and a
23certified copy of that conviction is available.
24    (d) Parole or mandatory supervised release shall not be
25revoked without written notice to the offender setting forth
26the violation of parole or mandatory supervised release

 

 

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1charged against him or her.
2    (e) A hearing on revocation shall be conducted before at
3least one member of the Prisoner Review Board. The Board may
4meet and order its actions in panels of 3 or more members. The
5action of a majority of the panel shall be the action of the
6Board. A record of the hearing shall be made. At the hearing
7the offender shall be permitted to:
8        (1) appear and answer the charge; and
9        (2) bring witnesses on his or her behalf.
10    (f) The Board shall either revoke parole or mandatory
11supervised release or order the person's term continued with
12or without modification or enlargement of the conditions.
13    
14    (g) Parole or mandatory supervised release shall not be
15revoked solely for failure to comply with a condition of
16release that requires the parolee or releasee to affirmatively
17do something, unless there is sufficient evidence the failure
18was willful. When considering whether the failure was willful,
19the parole agent and the Prisoner Review Board must consider
20the person's ability to pay and the availability of programs
21or other resources necessary to compliance, consistent with
22subsection (j) of Section 3-3-7. A good-faith effort to
23participate in mandated programs, services, or treatment by
24the Board or the Department shall be a defense to revocation.
25Parole agents shall not initiate revocation proceedings
26against a parolee or releasee for failure to participate in

 

 

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1programming absent compliance with subsections (d) and (e).
2This paragraph does not impact the authority of the Board or a
3parole agent to initiate revocation proceedings for felonious
4misbehavior for failure to make payments under the conditions
5of parole or release unless the Board determines that such
6failure is due to the offender's willful refusal to pay.
7(Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.)
 
8    (730 ILCS 5/3-14-2)  (from Ch. 38, par. 1003-14-2)
9    Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
10Release and Release by Statute.
11    (a) The Department shall retain custody of all persons
12placed on parole or mandatory supervised release or released
13pursuant to Section 3-3-10 of this Code and shall supervise
14such persons during their parole or release period in accord
15with the conditions set by the Prisoner Review Board. Such
16conditions may shall include referral to an alcohol or drug
17abuse treatment program, as appropriate, only when necessary
18to comply with trauma and gender informed risk, assets, and
19needs assessment if such person has previously been identified
20as having an alcohol or drug abuse problem. Such conditions
21may include that the person use an approved electronic
22monitoring device subject to Article 8A of Chapter V.
23    (b) The Department shall assign personnel to assist
24persons eligible for parole in preparing a parole plan. Such
25Department personnel shall make a report of their efforts and

 

 

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1findings to the Prisoner Review Board prior to its
2consideration of the case of such eligible person.
3    (c) A copy of the conditions of his parole or release shall
4be signed by the parolee or releasee and given to him and to
5his supervising officer who shall report on his progress under
6the rules and regulations of the Prisoner Review Board. The
7supervising officer shall report violations to the Prisoner
8Review Board and shall have the full power of peace officers in
9the arrest and retaking of any parolees or releasees or the
10officer may request the Department to issue a warrant for the
11arrest of any parolee or releasee who has allegedly violated
12his parole or release conditions.
13    (c-1) The supervising officer shall request the Department
14to issue a parole violation warrant, and the Department shall
15issue a parole violation warrant, under the following
16circumstances:
17        (1) if the parolee or releasee commits an act that
18    constitutes a felony using a firearm or knife,
19        (2) if applicable, fails to comply with the
20    requirements of the Sex Offender Registration Act,
21        (3) if the parolee or releasee is charged with:
22            (A) a felony offense of domestic battery under
23        Section 12-3.2 of the Criminal Code of 1961 or the
24        Criminal Code of 2012,
25            (B) aggravated domestic battery under Section
26        12-3.3 of the Criminal Code of 1961 or the Criminal

 

 

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1        Code of 2012,
2            (C) stalking under Section 12-7.3 of the Criminal
3        Code of 1961 or the Criminal Code of 2012,
4            (D) aggravated stalking under Section 12-7.4 of
5        the Criminal Code of 1961 or the Criminal Code of 2012,
6            (E) violation of an order of protection under
7        Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
8        the Criminal Code of 2012, or
9            (F) any offense that would require registration as
10        a sex offender under the Sex Offender Registration
11        Act, or
12        (4) if the parolee or releasee is on parole or
13    mandatory supervised release for a murder, a Class X
14    felony or a Class 1 felony violation of the Criminal Code
15    of 1961 or the Criminal Code of 2012, or any felony that
16    requires registration as a sex offender under the Sex
17    Offender Registration Act and commits an act that
18    constitutes first degree murder, a Class X felony, a Class
19    1 felony, a Class 2 felony, or a Class 3 felony.
20     A sheriff or other peace officer may detain an alleged
21parole or release violator until a warrant for his return to
22the Department can be issued. The parolee or releasee may be
23delivered to any secure place until he can be transported to
24the Department. The officer or the Department shall file a
25violation report with notice of charges with the Prisoner
26Review Board.

 

 

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1    (d) The supervising officer shall regularly advise and
2consult with the parolee or releasee, assist him in adjusting
3to community life, inform him of the restoration of his rights
4on successful completion of sentence under Section 5-5-5. If
5the parolee or releasee has been convicted of a sex offense as
6defined in the Sex Offender Management Board Act, the
7supervising officer shall periodically, but not less than once
8a month, verify that the parolee or releasee is in compliance
9with paragraph (7.6) of subsection (a) of Section 3-3-7.
10    (e) Supervising officers shall receive specialized
11training in the special needs of female releasees or parolees
12including the family reunification process.
13    (f) The supervising officer shall keep such records as the
14Prisoner Review Board or Department may require. All records
15shall be entered in the master file of the individual.
16(Source: P.A. 96-282, eff. 1-1-10; 96-1447, eff. 8-20-10;
1797-389, eff. 8-15-11; 97-1150, eff. 1-25-13.)