Sen. Bill Cunningham

Filed: 5/1/2023

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 423

2    AMENDMENT NO. ______. Amend Senate Bill 423 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Unified Code of Corrections is amended by
5changing Sections 3-3-7, 3-3-8, 3-14-2, and 5-6-3 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) The conditions of parole or mandatory supervised
10release shall be such as the Prisoner Review Board deems
11necessary to assist the subject in leading a law-abiding life.
12The conditions of every parole and mandatory supervised
13release are that the subject:
14        (1) not violate any criminal statute of any
15    jurisdiction during the parole or release term;
16        (2) refrain from possessing a firearm or other

 

 

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1    dangerous weapon;
2        (3) report to an agent of the Department of
3    Corrections;
4        (4) permit the agent to visit him or her at his or her
5    home, employment, or elsewhere to the extent necessary for
6    the agent to discharge his or her duties;
7        (5) attend or reside in a facility established for the
8    instruction or residence of persons on parole or mandatory
9    supervised release;
10        (6) secure permission before visiting or writing a
11    committed person in an Illinois Department of Corrections
12    facility;
13        (7) report all arrests to an agent of the Department
14    of Corrections as soon as permitted by the arresting
15    authority but in no event later than 24 hours after
16    release from custody and immediately report service or
17    notification of an order of protection, a civil no contact
18    order, or a stalking no contact order to an agent of the
19    Department of Corrections;
20        (7.5) if convicted of a sex offense as defined in the
21    Sex Offender Management Board Act, the individual shall
22    undergo and successfully complete sex offender treatment
23    conducted in conformance with the standards developed by
24    the Sex Offender Management Board Act by a treatment
25    provider approved by the Board;
26        (7.6) if convicted of a sex offense as defined in the

 

 

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1    Sex Offender Management Board Act, refrain from residing
2    at the same address or in the same condominium unit or
3    apartment unit or in the same condominium complex or
4    apartment complex with another person he or she knows or
5    reasonably should know is a convicted sex offender or has
6    been placed on supervision for a sex offense; the
7    provisions of this paragraph do not apply to a person
8    convicted of a sex offense who is placed in a Department of
9    Corrections licensed transitional housing facility for sex
10    offenders, or is in any facility operated or licensed by
11    the Department of Children and Family Services or by the
12    Department of Human Services, or is in any licensed
13    medical facility;
14        (7.7) if convicted for an offense that would qualify
15    the accused as a sexual predator under the Sex Offender
16    Registration Act on or after January 1, 2007 (the
17    effective date of Public Act 94-988), wear an approved
18    electronic monitoring device as defined in Section 5-8A-2
19    for the duration of the person's parole, mandatory
20    supervised release term, or extended mandatory supervised
21    release term and if convicted for an offense of criminal
22    sexual assault, aggravated criminal sexual assault,
23    predatory criminal sexual assault of a child, criminal
24    sexual abuse, aggravated criminal sexual abuse, or
25    ritualized abuse of a child committed on or after August
26    11, 2009 (the effective date of Public Act 96-236) when

 

 

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1    the victim was under 18 years of age at the time of the
2    commission of the offense and the defendant used force or
3    the threat of force in the commission of the offense wear
4    an approved electronic monitoring device as defined in
5    Section 5-8A-2 that has Global Positioning System (GPS)
6    capability for the duration of the person's parole,
7    mandatory supervised release term, or extended mandatory
8    supervised release term;
9        (7.8) if convicted for an offense committed on or
10    after June 1, 2008 (the effective date of Public Act
11    95-464) that would qualify the accused as a child sex
12    offender as defined in Section 11-9.3 or 11-9.4 of the
13    Criminal Code of 1961 or the Criminal Code of 2012,
14    refrain from communicating with or contacting, by means of
15    the Internet, a person who is not related to the accused
16    and whom the accused reasonably believes to be under 18
17    years of age; for purposes of this paragraph (7.8),
18    "Internet" has the meaning ascribed to it in Section
19    16-0.1 of the Criminal Code of 2012; and a person is not
20    related to the accused if the person is not: (i) the
21    spouse, brother, or sister of the accused; (ii) a
22    descendant of the accused; (iii) a first or second cousin
23    of the accused; or (iv) a step-child or adopted child of
24    the accused;
25        (7.9) if convicted under Section 11-6, 11-20.1,
26    11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961

 

 

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1    or the Criminal Code of 2012, consent to search of
2    computers, PDAs, cellular phones, and other devices under
3    his or her control that are capable of accessing the
4    Internet or storing electronic files, in order to confirm
5    Internet protocol addresses reported in accordance with
6    the Sex Offender Registration Act and compliance with
7    conditions in this Act;
8        (7.10) if convicted for an offense that would qualify
9    the accused as a sex offender or sexual predator under the
10    Sex Offender Registration Act on or after June 1, 2008
11    (the effective date of Public Act 95-640), not possess
12    prescription drugs for erectile dysfunction;
13        (7.11) if convicted for an offense under Section 11-6,
14    11-9.1, 11-14.4 that involves soliciting for a juvenile
15    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
16    of the Criminal Code of 1961 or the Criminal Code of 2012,
17    or any attempt to commit any of these offenses, committed
18    on or after June 1, 2009 (the effective date of Public Act
19    95-983):
20            (i) not access or use a computer or any other
21        device with Internet capability without the prior
22        written approval of the Department;
23            (ii) submit to periodic unannounced examinations
24        of the offender's computer or any other device with
25        Internet capability by the offender's supervising
26        agent, a law enforcement officer, or assigned computer

 

 

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1        or information technology specialist, including the
2        retrieval and copying of all data from the computer or
3        device and any internal or external peripherals and
4        removal of such information, equipment, or device to
5        conduct a more thorough inspection;
6            (iii) submit to the installation on the offender's
7        computer or device with Internet capability, at the
8        offender's expense, of one or more hardware or
9        software systems to monitor the Internet use; and
10            (iv) submit to any other appropriate restrictions
11        concerning the offender's use of or access to a
12        computer or any other device with Internet capability
13        imposed by the Board, the Department or the offender's
14        supervising agent;
15        (7.12) if convicted of a sex offense as defined in the
16    Sex Offender Registration Act committed on or after
17    January 1, 2010 (the effective date of Public Act 96-262),
18    refrain from accessing or using a social networking
19    website as defined in Section 17-0.5 of the Criminal Code
20    of 2012;
21        (7.13) if convicted of a sex offense as defined in
22    Section 2 of the Sex Offender Registration Act committed
23    on or after January 1, 2010 (the effective date of Public
24    Act 96-362) that requires the person to register as a sex
25    offender under that Act, may not knowingly use any
26    computer scrub software on any computer that the sex

 

 

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1    offender uses;
2        (8) obtain permission of an agent of the Department of
3    Corrections before leaving the State of Illinois;
4        (9) obtain permission of an agent of the Department of
5    Corrections before changing his or her residence or
6    employment;
7        (10) consent to a search of his or her person,
8    property, or residence under his or her control;
9        (11) refrain from the use or possession of narcotics
10    or other controlled substances in any form, or both, or
11    any paraphernalia related to those substances and submit
12    to a urinalysis test as instructed by a parole agent of the
13    Department of Corrections if there is reasonable suspicion
14    of illicit drug use and the source of the reasonable
15    suspicion is documented in the Department's case
16    management system;
17        (12) not knowingly frequent places where controlled
18    substances are illegally sold, used, distributed, or
19    administered;
20        (13) except when the association described in either
21    subparagraph (A) or (B) of this paragraph (13) involves
22    activities related to community programs, worship
23    services, volunteering, engaging families, or some other
24    pro-social activity in which there is no evidence of
25    criminal intent:
26            (A) not knowingly associate with other persons on

 

 

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1        parole or mandatory supervised release without prior
2        written permission of his or her parole agent; or
3            (B) not knowingly associate with persons who are
4        members of an organized gang as that term is defined in
5        the Illinois Streetgang Terrorism Omnibus Prevention
6        Act;
7        (14) provide true and accurate information, as it
8    relates to his or her adjustment in the community while on
9    parole or mandatory supervised release or to his or her
10    conduct while incarcerated, in response to inquiries by
11    his or her parole agent or of the Department of
12    Corrections;
13        (15) follow any specific instructions provided by the
14    parole agent that are consistent with furthering
15    conditions set and approved by the Prisoner Review Board
16    or by law, exclusive of placement on electronic detention,
17    to achieve the goals and objectives of his or her parole or
18    mandatory supervised release or to protect the public.
19    These instructions by the parole agent may be modified at
20    any time, as the agent deems appropriate;
21        (16) if convicted of a sex offense as defined in
22    subsection (a-5) of Section 3-1-2 of this Code, unless the
23    offender is a parent or guardian of the person under 18
24    years of age present in the home and no non-familial
25    minors are present, not participate in a holiday event
26    involving children under 18 years of age, such as

 

 

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1    distributing candy or other items to children on
2    Halloween, wearing a Santa Claus costume on or preceding
3    Christmas, being employed as a department store Santa
4    Claus, or wearing an Easter Bunny costume on or preceding
5    Easter;
6        (17) if convicted of a violation of an order of
7    protection under Section 12-3.4 or Section 12-30 of the
8    Criminal Code of 1961 or the Criminal Code of 2012, be
9    placed under electronic surveillance as provided in
10    Section 5-8A-7 of this Code;
11        (18) comply with the terms and conditions of an order
12    of protection issued pursuant to the Illinois Domestic
13    Violence Act of 1986; an order of protection issued by the
14    court of another state, tribe, or United States territory;
15    a no contact order issued pursuant to the Civil No Contact
16    Order Act; or a no contact order issued pursuant to the
17    Stalking No Contact Order Act;
18        (19) if convicted of a violation of the
19    Methamphetamine Control and Community Protection Act, the
20    Methamphetamine Precursor Control Act, or a
21    methamphetamine related offense, be:
22            (A) prohibited from purchasing, possessing, or
23        having under his or her control any product containing
24        pseudoephedrine unless prescribed by a physician; and
25            (B) prohibited from purchasing, possessing, or
26        having under his or her control any product containing

 

 

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1        ammonium nitrate;
2        (20) if convicted of a hate crime under Section 12-7.1
3    of the Criminal Code of 2012, perform public or community
4    service of no less than 200 hours and enroll in an
5    educational program discouraging hate crimes involving the
6    protected class identified in subsection (a) of Section
7    12-7.1 of the Criminal Code of 2012 that gave rise to the
8    offense the offender committed ordered by the court; and
9        (21) be evaluated by the Department of Corrections
10    prior to release using a validated risk assessment and be
11    subject to a corresponding level of supervision. In
12    accordance with the findings of that evaluation:
13            (A) All subjects found to be at a moderate or high
14        risk to recidivate, or 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, shall be subject
23        to high level supervision. The Department shall define
24        high level supervision based upon evidence-based and
25        research-based practices. Notwithstanding this
26        placement on high level supervision, placement of the

 

 

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

 

 

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1        (2) undergo medical or psychiatric treatment, or
2    treatment for drug addiction or alcoholism;
3        (3) attend or reside in a facility established for the
4    instruction or residence of persons on probation or
5    parole;
6        (4) support his or her dependents;
7        (5) (blank);
8        (6) (blank);
9        (7) (blank);
10        (7.5) if convicted for an offense committed on or
11    after the effective date of this amendatory Act of the
12    95th General Assembly that would qualify the accused as a
13    child sex offender as defined in Section 11-9.3 or 11-9.4
14    of the Criminal Code of 1961 or the Criminal Code of 2012,
15    refrain from communicating with or contacting, by means of
16    the Internet, a person who is related to the accused and
17    whom the accused reasonably believes to be under 18 years
18    of age; for purposes of this paragraph (7.5), "Internet"
19    has the meaning ascribed to it in Section 16-0.1 of the
20    Criminal Code of 2012; and a person is related to the
21    accused if the person is: (i) the spouse, brother, or
22    sister of the accused; (ii) a descendant of the accused;
23    (iii) a first or second cousin of the accused; or (iv) a
24    step-child or adopted child of the accused;
25        (7.6) if convicted for an offense committed on or
26    after June 1, 2009 (the effective date of Public Act

 

 

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1    95-983) that would qualify as a sex offense as defined in
2    the Sex Offender Registration Act:
3            (i) not access or use a computer or any other
4        device with Internet capability without the prior
5        written approval of the Department;
6            (ii) submit to periodic unannounced examinations
7        of the offender's computer or any other device with
8        Internet capability by the offender's supervising
9        agent, a law enforcement officer, or assigned computer
10        or information technology specialist, including the
11        retrieval and copying of all data from the computer or
12        device and any internal or external peripherals and
13        removal of such information, equipment, or device to
14        conduct a more thorough inspection;
15            (iii) submit to the installation on the offender's
16        computer or device with Internet capability, at the
17        offender's expense, of one or more hardware or
18        software systems to monitor the Internet use; and
19            (iv) submit to any other appropriate restrictions
20        concerning the offender's use of or access to a
21        computer or any other device with Internet capability
22        imposed by the Board, the Department or the offender's
23        supervising agent; and
24        (8) (blank). in addition, if a minor:
25            (i) reside with his or her parents or in a foster
26        home;

 

 

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

 

 

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

 

 

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

 

 

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1    officer before driving alone in a motor vehicle.
2    (c) The conditions under which the parole or mandatory
3supervised release is to be served shall be communicated to
4the person in writing prior to his or her release, and he or
5she shall sign the same before release. A signed copy of these
6conditions, including a copy of an order of protection where
7one had been issued by the criminal court, shall be retained by
8the person and another copy forwarded to the officer in charge
9of his or her supervision.
10    (d) After a hearing under Section 3-3-9, the Prisoner
11Review Board may modify or enlarge the conditions of parole or
12mandatory supervised release.
13    (e) The Department shall inform all offenders committed to
14the Department of the optional services available to them upon
15release and shall assist inmates in availing themselves of
16such optional services upon their release on a voluntary
17basis.
18    (f) (Blank).
19(Source: P.A. 100-201, eff. 8-18-17; 100-260, eff. 1-1-18;
20100-575, eff. 1-8-18; 101-382, eff. 8-16-19.)
 
21    (730 ILCS 5/3-3-8)  (from Ch. 38, par. 1003-3-8)
22    Sec. 3-3-8. Length of parole and mandatory supervised
23release; discharge.
24    (a) The length of parole for a person sentenced under the
25law in effect prior to the effective date of this amendatory

 

 

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1Act of 1977 and the length of mandatory supervised release for
2those sentenced under the law in effect on and after such
3effective date shall be as set out in Section 5-8-1 unless
4sooner terminated under paragraph (b) of this Section.
5    (b) The Prisoner Review Board may enter an order releasing
6and discharging one from parole or mandatory supervised
7release, and his or her commitment to the Department, when it
8determines that he or she is likely to remain at liberty
9without committing another offense.
10    (b-1) Provided that the subject is in compliance with the
11terms and conditions of his or her parole or mandatory
12supervised release, the Prisoner Review Board shall may reduce
13the period of a parolee or releasee's parole or mandatory
14supervised release by 90 days upon the parolee or releasee
15receiving a high school diploma, associate's degree,
16bachelor's degree, career certificate, or vocational technical
17certification or upon passage of high school equivalency
18testing during the period of his or her parole or mandatory
19supervised release. A parolee or releasee shall provide
20documentation from the educational institution or the source
21of the qualifying educational or vocational credential to
22their supervising officer for verification. Each This
23reduction in the period of a subject's term of parole or
24mandatory supervised release shall be available only to
25subjects who have not previously earned the relevant
26credential for which they are receiving the reduction a high

 

 

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1school diploma or who have not previously passed high school
2equivalency testing. As used in this Section, "career
3certificate" means a certificate awarded by an institution for
4satisfactory completion of a prescribed curriculum that is
5intended to prepare an individual for employment in a specific
6field.
7    (b-2) The Prisoner Review Board may release a low-risk and
8need subject person from mandatory supervised release as
9determined by an appropriate evidence-based risk and need
10assessment.
11    (c) The order of discharge shall become effective upon
12entry of the order of the Board. The Board shall notify the
13clerk of the committing court of the order. Upon receipt of
14such copy, the clerk shall make an entry on the record judgment
15that the sentence or commitment has been satisfied pursuant to
16the order.
17    (d) Rights of the person discharged under this Section
18shall be restored under Section 5-5-5.
19    (e) Upon a denial of early discharge under this Section,
20the Prisoner Review Board shall provide the person on parole
21or mandatory supervised release a list of steps or
22requirements that the person must complete or meet to be
23granted an early discharge at a subsequent review and share
24the process for seeking a subsequent early discharge review
25under this subsection. Upon the completion of such steps or
26requirements, the person on parole or mandatory supervised

 

 

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1release may petition the Prisoner Review Board to grant them
2an early discharge review. Within no more than 30 days of a
3petition under this subsection, the Prisoner Review Board
4shall review the petition and make a determination.
5(Source: P.A. 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 100-3,
6eff. 1-1-18.)
 
7    (730 ILCS 5/3-14-2)  (from Ch. 38, par. 1003-14-2)
8    Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
9Release and Release by Statute.
10    (a) The Department shall retain custody of all persons
11placed on parole or mandatory supervised release or released
12pursuant to Section 3-3-10 of this Code and shall supervise
13such persons during their parole or release period in accord
14with the conditions set by the Prisoner Review Board. When
15setting conditions, the Prisoner Review Board shall make an
16individualized assessment as to what conditions are
17appropriate based on the risk and needs assessment, program
18participation and completion, assignment history while
19incarcerated, and behavior history during the period of the
20incarceration and involve only such deprivations of liberty or
21property as are reasonably necessary to protect the public
22from the person's conduct in the underlying conviction or
23violation. In determining conditions, the Prisoner Review
24Board shall also consider the reasonableness of imposing
25additional conditions on the person and the extent to which

 

 

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

 

 

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1circumstances:
2        (1) if the parolee or releasee commits an act that
3    constitutes a felony using a firearm or knife,
4        (2) if applicable, fails to comply with the
5    requirements of the Sex Offender Registration Act,
6        (3) if the parolee or releasee is charged with:
7            (A) a felony offense of domestic battery under
8        Section 12-3.2 of the Criminal Code of 1961 or the
9        Criminal Code of 2012,
10            (B) aggravated domestic battery under Section
11        12-3.3 of the Criminal Code of 1961 or the Criminal
12        Code of 2012,
13            (C) stalking under Section 12-7.3 of the Criminal
14        Code of 1961 or the Criminal Code of 2012,
15            (D) aggravated stalking under Section 12-7.4 of
16        the Criminal Code of 1961 or the Criminal Code of 2012,
17            (E) violation of an order of protection under
18        Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
19        the Criminal Code of 2012, or
20            (F) any offense that would require registration as
21        a sex offender under the Sex Offender Registration
22        Act, or
23        (4) if the parolee or releasee is on parole or
24    mandatory supervised release for a murder, a Class X
25    felony or a Class 1 felony violation of the Criminal Code
26    of 1961 or the Criminal Code of 2012, or any felony that

 

 

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1    requires registration as a sex offender under the Sex
2    Offender Registration Act and commits an act that
3    constitutes first degree murder, a Class X felony, a Class
4    1 felony, a Class 2 felony, or a Class 3 felony.
5     A sheriff or other peace officer may detain an alleged
6parole or release violator until a warrant for his return to
7the Department can be issued. The parolee or releasee may be
8delivered to any secure place until he can be transported to
9the Department. The officer or the Department shall file a
10violation report with notice of charges with the Prisoner
11Review Board.
12    (d) The supervising officer shall regularly advise and
13consult with the parolee or releasee, assist him in adjusting
14to community life, inform him of the restoration of his rights
15on successful completion of sentence under Section 5-5-5, and
16provide the parolee or releasee with an electronic copy of the
17Department of Corrections system of graduated responses as set
18forth under subparagraph (D) of paragraph (1) of subsection
19(b) of Section 10 of the Illinois Crime Reduction Act of 2009
20and any sanctions matrix based on that system. If the parolee
21or releasee has been convicted of a sex offense as defined in
22the Sex Offender Management Board Act, the supervising officer
23shall periodically, but not less than once a month, verify
24that the parolee or releasee is in compliance with paragraph
25(7.6) of subsection (a) of Section 3-3-7.
26    (d-1) At least once every 3 months, the supervising

 

 

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1officer of a parolee or releasee shall review the case of the
2parolee or releasee to assess the parolee's or releasee's
3progress and suitability for early discharge under subsection
4(b) of Section 3-3-8 and provide a recommendation for either
5early discharge or the continuation of parole or mandatory
6supervised release as previously ordered. The recommendation
7and the rationale for the recommendation shall be noted in the
8Department's case management system. Within 15 days of
9receiving the supervising officer's recommendation, the
10Department shall provide a copy of the final recommendation,
11in writing or electronically, to the Prisoner Review Board and
12to the parolee or releasee. If an early discharge
13recommendation was not provided, the supervising officer shall
14share the list of steps or requirements that the person must
15complete or meet to be granted an early discharge
16recommendation at a subsequent review under agency guidelines.
17The Department shall develop guidelines and policies to
18support the regular review of parolees and releasees for early
19discharge consideration and the timely notification of the
20Prisoner Review Board when early discharge is recommended.
21    (d-2) Supervising officers shall schedule meetings, which
22are required under paragraph (3) of subsection (a) of Section
233-3-7 as a condition of parole or mandatory supervised
24release, at such times and locations that take into
25consideration the medical needs, caregiving obligations, and
26work schedule of a parolee or releasee.

 

 

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1    (d-3) To comply with the provisions of subsection (d-2),
2in lieu of requiring the parolee or releasee to appear in
3person for the required reporting or meetings, supervising
4officers may utilize technology, including cellular and other
5electronic communication devices or platforms, that allows for
6communication between the supervised individual and the
7supervising officer.
8    (e) Supervising officers shall receive specialized
9training in the special needs of female releasees or parolees
10including the family reunification process.
11    (f) The supervising officer shall keep such records as the
12Prisoner Review Board or Department may require. All records
13shall be entered in the master file of the individual.
14(Source: P.A. 96-282, eff. 1-1-10; 96-1447, eff. 8-20-10;
1597-389, eff. 8-15-11; 97-1150, eff. 1-25-13.)
 
16    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
17    Sec. 5-6-3. Conditions of probation and of conditional
18discharge.
19    (a) The conditions of probation and of conditional
20discharge shall be that the person:
21        (1) not violate any criminal statute of any
22    jurisdiction;
23        (2) report to or appear in person before such person
24    or agency as directed by the court. To comply with the
25    provisions of this paragraph (2), in lieu of requiring the

 

 

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1    person on probation or conditional discharge to appear in
2    person for the required reporting or meetings, the officer
3    may utilize technology, including cellular and other
4    electronic communication devices or platforms, that allow
5    for communication between the supervised person and the
6    officer in accordance with standards and guidelines
7    established by the Administrative Office of the Illinois
8    Courts;
9        (3) refrain from possessing a firearm or other
10    dangerous weapon where the offense is a felony or, if a
11    misdemeanor, the offense involved the intentional or
12    knowing infliction of bodily harm or threat of bodily
13    harm;
14        (4) not leave the State without the consent of the
15    court or, in circumstances in which the reason for the
16    absence is of such an emergency nature that prior consent
17    by the court is not possible, without the prior
18    notification and approval of the person's probation
19    officer. Transfer of a person's probation or conditional
20    discharge supervision to another state is subject to
21    acceptance by the other state pursuant to the Interstate
22    Compact for Adult Offender Supervision;
23        (5) permit the probation officer to visit him at his
24    home or elsewhere to the extent necessary to discharge his
25    duties;
26        (6) perform no less than 30 hours of community service

 

 

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1    and not more than 120 hours of community service, if
2    community service is available in the jurisdiction and is
3    funded and approved by the county board where the offense
4    was committed, where the offense was related to or in
5    furtherance of the criminal activities of an organized
6    gang and was motivated by the offender's membership in or
7    allegiance to an organized gang. The community service
8    shall include, but not be limited to, the cleanup and
9    repair of any damage caused by a violation of Section
10    21-1.3 of the Criminal Code of 1961 or the Criminal Code of
11    2012 and similar damage to property located within the
12    municipality or county in which the violation occurred.
13    When possible and reasonable, the community service should
14    be performed in the offender's neighborhood. For purposes
15    of this Section, "organized gang" has the meaning ascribed
16    to it in Section 10 of the Illinois Streetgang Terrorism
17    Omnibus Prevention Act. The court may give credit toward
18    the fulfillment of community service hours for
19    participation in activities and treatment as determined by
20    court services;
21        (7) if he or she is at least 17 years of age and has
22    been sentenced to probation or conditional discharge for a
23    misdemeanor or felony in a county of 3,000,000 or more
24    inhabitants and has not been previously convicted of a
25    misdemeanor or felony, may be required by the sentencing
26    court to attend educational courses designed to prepare

 

 

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1    the defendant for a high school diploma and to work toward
2    a high school diploma or to work toward passing high
3    school equivalency testing or to work toward completing a
4    vocational training program approved by the court. The
5    person on probation or conditional discharge must attend a
6    public institution of education to obtain the educational
7    or vocational training required by this paragraph (7). The
8    court shall revoke the probation or conditional discharge
9    of a person who willfully fails to comply with this
10    paragraph (7). The person on probation or conditional
11    discharge shall be required to pay for the cost of the
12    educational courses or high school equivalency testing if
13    a fee is charged for those courses or testing. The court
14    shall resentence the offender whose probation or
15    conditional discharge has been revoked as provided in
16    Section 5-6-4. This paragraph (7) does not apply to a
17    person who has a high school diploma or has successfully
18    passed high school equivalency testing. This paragraph (7)
19    does not apply to a person who is determined by the court
20    to be a person with a developmental disability or
21    otherwise mentally incapable of completing the educational
22    or vocational program;
23        (8) if convicted of possession of a substance
24    prohibited by the Cannabis Control Act, the Illinois
25    Controlled Substances Act, or the Methamphetamine Control
26    and Community Protection Act after a previous conviction

 

 

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1    or disposition of supervision for possession of a
2    substance prohibited by the Cannabis Control Act or
3    Illinois Controlled Substances Act or after a sentence of
4    probation under Section 10 of the Cannabis Control Act,
5    Section 410 of the Illinois Controlled Substances Act, or
6    Section 70 of the Methamphetamine Control and Community
7    Protection Act and upon a finding by the court that the
8    person is addicted, undergo treatment at a substance abuse
9    program approved by the court;
10        (8.5) if convicted of a felony sex offense as defined
11    in the Sex Offender Management Board Act, the person shall
12    undergo and successfully complete sex offender treatment
13    by a treatment provider approved by the Board and
14    conducted in conformance with the standards developed
15    under the Sex Offender Management Board Act;
16        (8.6) if convicted of a sex offense as defined in the
17    Sex Offender Management Board Act, refrain from residing
18    at the same address or in the same condominium unit or
19    apartment unit or in the same condominium complex or
20    apartment complex with another person he or she knows or
21    reasonably should know is a convicted sex offender or has
22    been placed on supervision for a sex offense; the
23    provisions of this paragraph do not apply to a person
24    convicted of a sex offense who is placed in a Department of
25    Corrections licensed transitional housing facility for sex
26    offenders;

 

 

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1        (8.7) if convicted for an offense committed on or
2    after June 1, 2008 (the effective date of Public Act
3    95-464) that would qualify the accused as a child sex
4    offender as defined in Section 11-9.3 or 11-9.4 of the
5    Criminal Code of 1961 or the Criminal Code of 2012,
6    refrain from communicating with or contacting, by means of
7    the Internet, a person who is not related to the accused
8    and whom the accused reasonably believes to be under 18
9    years of age; for purposes of this paragraph (8.7),
10    "Internet" has the meaning ascribed to it in Section
11    16-0.1 of the Criminal Code of 2012; and a person is not
12    related to the accused if the person is not: (i) the
13    spouse, brother, or sister of the accused; (ii) a
14    descendant of the accused; (iii) a first or second cousin
15    of the accused; or (iv) a step-child or adopted child of
16    the accused;
17        (8.8) if convicted for an offense under Section 11-6,
18    11-9.1, 11-14.4 that involves soliciting for a juvenile
19    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
20    of the Criminal Code of 1961 or the Criminal Code of 2012,
21    or any attempt to commit any of these offenses, committed
22    on or after June 1, 2009 (the effective date of Public Act
23    95-983):
24            (i) not access or use a computer or any other
25        device with Internet capability without the prior
26        written approval of the offender's probation officer,

 

 

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1        except in connection with the offender's employment or
2        search for employment with the prior approval of the
3        offender's probation officer;
4            (ii) submit to periodic unannounced examinations
5        of the offender's computer or any other device with
6        Internet capability by the offender's probation
7        officer, a law enforcement officer, or assigned
8        computer or information technology specialist,
9        including the retrieval and copying of all data from
10        the computer or device and any internal or external
11        peripherals and removal of such information,
12        equipment, or device to conduct a more thorough
13        inspection;
14            (iii) submit to the installation on the offender's
15        computer or device with Internet capability, at the
16        offender's expense, of one or more hardware or
17        software systems to monitor the Internet use; and
18            (iv) submit to any other appropriate restrictions
19        concerning the offender's use of or access to a
20        computer or any other device with Internet capability
21        imposed by the offender's probation officer;
22        (8.9) if convicted of a sex offense as defined in the
23    Sex Offender Registration Act committed on or after
24    January 1, 2010 (the effective date of Public Act 96-262),
25    refrain from accessing or using a social networking
26    website as defined in Section 17-0.5 of the Criminal Code

 

 

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1    of 2012;
2        (9) if convicted of a felony or of any misdemeanor
3    violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
4    12-3.5 of the Criminal Code of 1961 or the Criminal Code of
5    2012 that was determined, pursuant to Section 112A-11.1 of
6    the Code of Criminal Procedure of 1963, to trigger the
7    prohibitions of 18 U.S.C. 922(g)(9), physically surrender
8    at a time and place designated by the court, his or her
9    Firearm Owner's Identification Card and any and all
10    firearms in his or her possession. The Court shall return
11    to the Illinois State Police Firearm Owner's
12    Identification Card Office the person's Firearm Owner's
13    Identification Card;
14        (10) if convicted of a sex offense as defined in
15    subsection (a-5) of Section 3-1-2 of this Code, unless the
16    offender is a parent or guardian of the person under 18
17    years of age present in the home and no non-familial
18    minors are present, not participate in a holiday event
19    involving children under 18 years of age, such as
20    distributing candy or other items to children on
21    Halloween, wearing a Santa Claus costume on or preceding
22    Christmas, being employed as a department store Santa
23    Claus, or wearing an Easter Bunny costume on or preceding
24    Easter;
25        (11) if convicted of a sex offense as defined in
26    Section 2 of the Sex Offender Registration Act committed

 

 

10300SB0423sam001- 33 -LRB103 02875 RLC 61159 a

1    on or after January 1, 2010 (the effective date of Public
2    Act 96-362) that requires the person to register as a sex
3    offender under that Act, may not knowingly use any
4    computer scrub software on any computer that the sex
5    offender uses;
6        (12) if convicted of a violation of the
7    Methamphetamine Control and Community Protection Act, the
8    Methamphetamine Precursor Control Act, or a
9    methamphetamine related offense:
10            (A) prohibited from purchasing, possessing, or
11        having under his or her control any product containing
12        pseudoephedrine unless prescribed by a physician; and
13            (B) prohibited from purchasing, possessing, or
14        having under his or her control any product containing
15        ammonium nitrate; and
16        (13) if convicted of a hate crime involving the
17    protected class identified in subsection (a) of Section
18    12-7.1 of the Criminal Code of 2012 that gave rise to the
19    offense the offender committed, perform public or
20    community service of no less than 200 hours and enroll in
21    an educational program discouraging hate crimes that
22    includes racial, ethnic, and cultural sensitivity training
23    ordered by the court.
24    (b) The Court may in addition to other reasonable
25conditions relating to the nature of the offense or the
26rehabilitation of the defendant as determined for each

 

 

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1defendant in the proper discretion of the Court require that
2the person:
3        (1) serve a term of periodic imprisonment under
4    Article 7 for a period not to exceed that specified in
5    paragraph (d) of Section 5-7-1;
6        (2) pay a fine and costs;
7        (3) work or pursue a course of study or vocational
8    training;
9        (4) undergo medical, psychological or psychiatric
10    treatment; or treatment for drug addiction or alcoholism;
11        (5) attend or reside in a facility established for the
12    instruction or residence of defendants on probation;
13        (6) support his dependents;
14        (7) and in addition, if a minor:
15            (i) reside with his parents or in a foster home;
16            (ii) attend school;
17            (iii) attend a non-residential program for youth;
18            (iv) contribute to his own support at home or in a
19        foster home;
20            (v) with the consent of the superintendent of the
21        facility, attend an educational program at a facility
22        other than the school in which the offense was
23        committed if he or she is convicted of a crime of
24        violence as defined in Section 2 of the Crime Victims
25        Compensation Act committed in a school, on the real
26        property comprising a school, or within 1,000 feet of

 

 

10300SB0423sam001- 35 -LRB103 02875 RLC 61159 a

1        the real property comprising a school;
2        (8) make restitution as provided in Section 5-5-6 of
3    this Code;
4        (9) perform some reasonable public or community
5    service;
6        (10) serve a term of home confinement. In addition to
7    any other applicable condition of probation or conditional
8    discharge, the conditions of home confinement shall be
9    that the offender:
10            (i) remain within the interior premises of the
11        place designated for his confinement during the hours
12        designated by the court;
13            (ii) admit any person or agent designated by the
14        court into the offender's place of confinement at any
15        time for purposes of verifying the offender's
16        compliance with the conditions of his confinement; and
17            (iii) if further deemed necessary by the court or
18        the Probation or Court Services Department, be placed
19        on an approved electronic monitoring device, subject
20        to Article 8A of Chapter V;
21            (iv) for persons convicted of any alcohol,
22        cannabis or controlled substance violation who are
23        placed on an approved monitoring device as a condition
24        of probation or conditional discharge, the court shall
25        impose a reasonable fee for each day of the use of the
26        device, as established by the county board in

 

 

10300SB0423sam001- 36 -LRB103 02875 RLC 61159 a

1        subsection (g) of this Section, unless after
2        determining the inability of the offender to pay the
3        fee, the court assesses a lesser fee or no fee as the
4        case may be. This fee shall be imposed in addition to
5        the fees imposed under subsections (g) and (i) of this
6        Section. The fee shall be collected by the clerk of the
7        circuit court, except as provided in an administrative
8        order of the Chief Judge of the circuit court. The
9        clerk of the circuit court shall pay all monies
10        collected from this fee to the county treasurer for
11        deposit in the substance abuse services fund under
12        Section 5-1086.1 of the Counties Code, except as
13        provided in an administrative order of the Chief Judge
14        of the circuit court.
15            The Chief Judge of the circuit court of the county
16        may by administrative order establish a program for
17        electronic monitoring of offenders, in which a vendor
18        supplies and monitors the operation of the electronic
19        monitoring device, and collects the fees on behalf of
20        the county. The program shall include provisions for
21        indigent offenders and the collection of unpaid fees.
22        The program shall not unduly burden the offender and
23        shall be subject to review by the Chief Judge.
24            The Chief Judge of the circuit court may suspend
25        any additional charges or fees for late payment,
26        interest, or damage to any device; and

 

 

10300SB0423sam001- 37 -LRB103 02875 RLC 61159 a

1            (v) for persons convicted of offenses other than
2        those referenced in clause (iv) above and who are
3        placed on an approved monitoring device as a condition
4        of probation or conditional discharge, the court shall
5        impose a reasonable fee for each day of the use of the
6        device, as established by the county board in
7        subsection (g) of this Section, unless after
8        determining the inability of the defendant to pay the
9        fee, the court assesses a lesser fee or no fee as the
10        case may be. This fee shall be imposed in addition to
11        the fees imposed under subsections (g) and (i) of this
12        Section. The fee shall be collected by the clerk of the
13        circuit court, except as provided in an administrative
14        order of the Chief Judge of the circuit court. The
15        clerk of the circuit court shall pay all monies
16        collected from this fee to the county treasurer who
17        shall use the monies collected to defray the costs of
18        corrections. The county treasurer shall deposit the
19        fee collected in the probation and court services
20        fund. The Chief Judge of the circuit court of the
21        county may by administrative order establish a program
22        for electronic monitoring of offenders, in which a
23        vendor supplies and monitors the operation of the
24        electronic monitoring device, and collects the fees on
25        behalf of the county. The program shall include
26        provisions for indigent offenders and the collection

 

 

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1        of unpaid fees. The program shall not unduly burden
2        the offender and shall be subject to review by the
3        Chief Judge.
4            The Chief Judge of the circuit court may suspend
5        any additional charges or fees for late payment,
6        interest, or damage to any device.
7        (11) comply with the terms and conditions of an order
8    of protection issued by the court pursuant to the Illinois
9    Domestic Violence Act of 1986, as now or hereafter
10    amended, or an order of protection issued by the court of
11    another state, tribe, or United States territory. A copy
12    of the order of protection shall be transmitted to the
13    probation officer or agency having responsibility for the
14    case;
15        (12) reimburse any "local anti-crime program" as
16    defined in Section 7 of the Anti-Crime Advisory Council
17    Act for any reasonable expenses incurred by the program on
18    the offender's case, not to exceed the maximum amount of
19    the fine authorized for the offense for which the
20    defendant was sentenced;
21        (13) contribute a reasonable sum of money, not to
22    exceed the maximum amount of the fine authorized for the
23    offense for which the defendant was sentenced, (i) to a
24    "local anti-crime program", as defined in Section 7 of the
25    Anti-Crime Advisory Council Act, or (ii) for offenses
26    under the jurisdiction of the Department of Natural

 

 

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1    Resources, to the fund established by the Department of
2    Natural Resources for the purchase of evidence for
3    investigation purposes and to conduct investigations as
4    outlined in Section 805-105 of the Department of Natural
5    Resources (Conservation) Law;
6        (14) refrain from entering into a designated
7    geographic area except upon such terms as the court finds
8    appropriate. Such terms may include consideration of the
9    purpose of the entry, the time of day, other persons
10    accompanying the defendant, and advance approval by a
11    probation officer, if the defendant has been placed on
12    probation or advance approval by the court, if the
13    defendant was placed on conditional discharge;
14        (15) refrain from having any contact, directly or
15    indirectly, with certain specified persons or particular
16    types of persons, including but not limited to members of
17    street gangs and drug users or dealers;
18        (16) refrain from having in his or her body the
19    presence of any illicit drug prohibited by the Cannabis
20    Control Act, the Illinois Controlled Substances Act, or
21    the Methamphetamine Control and Community Protection Act,
22    unless prescribed by a physician, and submit samples of
23    his or her blood or urine or both for tests to determine
24    the presence of any illicit drug;
25        (17) if convicted for an offense committed on or after
26    June 1, 2008 (the effective date of Public Act 95-464)

 

 

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1    that would qualify the accused as a child sex offender as
2    defined in Section 11-9.3 or 11-9.4 of the Criminal Code
3    of 1961 or the Criminal Code of 2012, refrain from
4    communicating with or contacting, by means of the
5    Internet, a person who is related to the accused and whom
6    the accused reasonably believes to be under 18 years of
7    age; for purposes of this paragraph (17), "Internet" has
8    the meaning ascribed to it in Section 16-0.1 of the
9    Criminal Code of 2012; and a person is related to the
10    accused if the person is: (i) the spouse, brother, or
11    sister of the accused; (ii) a descendant of the accused;
12    (iii) a first or second cousin of the accused; or (iv) a
13    step-child or adopted child of the accused;
14        (18) if convicted for an offense committed on or after
15    June 1, 2009 (the effective date of Public Act 95-983)
16    that would qualify as a sex offense as defined in the Sex
17    Offender Registration Act:
18            (i) not access or use a computer or any other
19        device with Internet capability without the prior
20        written approval of the offender's probation officer,
21        except in connection with the offender's employment or
22        search for employment with the prior approval of the
23        offender's probation officer;
24            (ii) submit to periodic unannounced examinations
25        of the offender's computer or any other device with
26        Internet capability by the offender's probation

 

 

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1        officer, a law enforcement officer, or assigned
2        computer or information technology specialist,
3        including the retrieval and copying of all data from
4        the computer or device and any internal or external
5        peripherals and removal of such information,
6        equipment, or device to conduct a more thorough
7        inspection;
8            (iii) submit to the installation on the offender's
9        computer or device with Internet capability, at the
10        subject's expense, of one or more hardware or software
11        systems to monitor the Internet use; and
12            (iv) submit to any other appropriate restrictions
13        concerning the offender's use of or access to a
14        computer or any other device with Internet capability
15        imposed by the offender's probation officer; and
16        (19) refrain from possessing a firearm or other
17    dangerous weapon where the offense is a misdemeanor that
18    did not involve the intentional or knowing infliction of
19    bodily harm or threat of bodily harm.
20    (c) The court may as a condition of probation or of
21conditional discharge require that a person under 18 years of
22age found guilty of any alcohol, cannabis or controlled
23substance violation, refrain from acquiring a driver's license
24during the period of probation or conditional discharge. If
25such person is in possession of a permit or license, the court
26may require that the minor refrain from driving or operating

 

 

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1any motor vehicle during the period of probation or
2conditional discharge, except as may be necessary in the
3course of the minor's lawful employment.
4    (d) An offender sentenced to probation or to conditional
5discharge shall be given a certificate setting forth the
6conditions thereof.
7    (e) Except where the offender has committed a fourth or
8subsequent violation of subsection (c) of Section 6-303 of the
9Illinois Vehicle Code, the court shall not require as a
10condition of the sentence of probation or conditional
11discharge that the offender be committed to a period of
12imprisonment in excess of 6 months. This 6-month limit shall
13not include periods of confinement given pursuant to a
14sentence of county impact incarceration under Section 5-8-1.2.
15    Persons committed to imprisonment as a condition of
16probation or conditional discharge shall not be committed to
17the Department of Corrections.
18    (f) The court may combine a sentence of periodic
19imprisonment under Article 7 or a sentence to a county impact
20incarceration program under Article 8 with a sentence of
21probation or conditional discharge.
22    (g) An offender sentenced to probation or to conditional
23discharge and who during the term of either undergoes
24mandatory drug or alcohol testing, or both, or is assigned to
25be placed on an approved electronic monitoring device, shall
26be ordered to pay all costs incidental to such mandatory drug

 

 

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1or alcohol testing, or both, and all costs incidental to such
2approved electronic monitoring in accordance with the
3defendant's ability to pay those costs. The county board with
4the concurrence of the Chief Judge of the judicial circuit in
5which the county is located shall establish reasonable fees
6for the cost of maintenance, testing, and incidental expenses
7related to the mandatory drug or alcohol testing, or both, and
8all costs incidental to approved electronic monitoring,
9involved in a successful probation program for the county. The
10concurrence of the Chief Judge shall be in the form of an
11administrative order. The fees shall be collected by the clerk
12of the circuit court, except as provided in an administrative
13order of the Chief Judge of the circuit court. The clerk of the
14circuit court shall pay all moneys collected from these fees
15to the county treasurer who shall use the moneys collected to
16defray the costs of drug testing, alcohol testing, and
17electronic monitoring. The county treasurer shall deposit the
18fees collected in the county working cash fund under Section
196-27001 or Section 6-29002 of the Counties Code, as the case
20may be. The Chief Judge of the circuit court of the county may
21by administrative order establish a program for electronic
22monitoring of offenders, in which a vendor supplies and
23monitors the operation of the electronic monitoring device,
24and collects the fees on behalf of the county. The program
25shall include provisions for indigent offenders and the
26collection of unpaid fees. The program shall not unduly burden

 

 

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1the offender and shall be subject to review by the Chief Judge.
2    The Chief Judge of the circuit court may suspend any
3additional charges or fees for late payment, interest, or
4damage to any device.
5    (h) Jurisdiction over an offender may be transferred from
6the sentencing court to the court of another circuit with the
7concurrence of both courts. Further transfers or retransfers
8of jurisdiction are also authorized in the same manner. The
9court to which jurisdiction has been transferred shall have
10the same powers as the sentencing court. The probation
11department within the circuit to which jurisdiction has been
12transferred, or which has agreed to provide supervision, may
13impose probation fees upon receiving the transferred offender,
14as provided in subsection (i). For all transfer cases, as
15defined in Section 9b of the Probation and Probation Officers
16Act, the probation department from the original sentencing
17court shall retain all probation fees collected prior to the
18transfer. After the transfer, all probation fees shall be paid
19to the probation department within the circuit to which
20jurisdiction has been transferred.
21    (i) The court shall impose upon an offender sentenced to
22probation after January 1, 1989 or to conditional discharge
23after January 1, 1992 or to community service under the
24supervision of a probation or court services department after
25January 1, 2004, as a condition of such probation or
26conditional discharge or supervised community service, a fee

 

 

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1of $50 for each month of probation or conditional discharge
2supervision or supervised community service ordered by the
3court, unless after determining the inability of the person
4sentenced to probation or conditional discharge or supervised
5community service to pay the fee, the court assesses a lesser
6fee. The court may not impose the fee on a minor who is placed
7in the guardianship or custody of the Department of Children
8and Family Services under the Juvenile Court Act of 1987 while
9the minor is in placement. The fee shall be imposed only upon
10an offender who is actively supervised by the probation and
11court services department. The fee shall be collected by the
12clerk of the circuit court. The clerk of the circuit court
13shall pay all monies collected from this fee to the county
14treasurer for deposit in the probation and court services fund
15under Section 15.1 of the Probation and Probation Officers
16Act.
17    A circuit court may not impose a probation fee under this
18subsection (i) in excess of $25 per month unless the circuit
19court has adopted, by administrative order issued by the chief
20judge, a standard probation fee guide determining an
21offender's ability to pay. Of the amount collected as a
22probation fee, up to $5 of that fee collected per month may be
23used to provide services to crime victims and their families.
24    The Court may only waive probation fees based on an
25offender's ability to pay. The probation department may
26re-evaluate an offender's ability to pay every 6 months, and,

 

 

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1with the approval of the Director of Court Services or the
2Chief Probation Officer, adjust the monthly fee amount. An
3offender may elect to pay probation fees due in a lump sum. Any
4offender that has been assigned to the supervision of a
5probation department, or has been transferred either under
6subsection (h) of this Section or under any interstate
7compact, shall be required to pay probation fees to the
8department supervising the offender, based on the offender's
9ability to pay.
10    Public Act 93-970 deletes the $10 increase in the fee
11under this subsection that was imposed by Public Act 93-616.
12This deletion is intended to control over any other Act of the
1393rd General Assembly that retains or incorporates that fee
14increase.
15    (i-5) In addition to the fees imposed under subsection (i)
16of this Section, in the case of an offender convicted of a
17felony sex offense (as defined in the Sex Offender Management
18Board Act) or an offense that the court or probation
19department has determined to be sexually motivated (as defined
20in the Sex Offender Management Board Act), the court or the
21probation department shall assess additional fees to pay for
22all costs of treatment, assessment, evaluation for risk and
23treatment, and monitoring the offender, based on that
24offender's ability to pay those costs either as they occur or
25under a payment plan.
26    (j) All fines and costs imposed under this Section for any

 

 

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1violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
2Code, or a similar provision of a local ordinance, and any
3violation of the Child Passenger Protection Act, or a similar
4provision of a local ordinance, shall be collected and
5disbursed by the circuit clerk as provided under the Criminal
6and Traffic Assessment Act.
7    (k) Any offender who is sentenced to probation or
8conditional discharge for a felony sex offense as defined in
9the Sex Offender Management Board Act or any offense that the
10court or probation department has determined to be sexually
11motivated as defined in the Sex Offender Management Board Act
12shall be required to refrain from any contact, directly or
13indirectly, with any persons specified by the court and shall
14be available for all evaluations and treatment programs
15required by the court or the probation department.
16    (l) The court may order an offender who is sentenced to
17probation or conditional discharge for a violation of an order
18of protection be placed under electronic surveillance as
19provided in Section 5-8A-7 of this Code.
20(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
 
21    Section 10. The Illinois Crime Reduction Act of 2009 is
22amended by changing Section 10 as follows:
 
23    (730 ILCS 190/10)
24    Sec. 10. Evidence-based programming.

 

 

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1    (a) Purpose. Research and practice have identified new
2strategies and policies that can result in a significant
3reduction in recidivism rates and the successful local
4reintegration of offenders. The purpose of this Section is to
5ensure that State and local agencies direct their resources to
6services and programming that have been demonstrated to be
7effective in reducing recidivism and reintegrating offenders
8into the locality.
9    (b) Evidence-based programming in local supervision.
10        (1) The Parole Division of the Department of
11    Corrections and the Prisoner Review Board shall adopt
12    policies, rules, and regulations that, within the first
13    year of the adoption, validation, and utilization of the
14    statewide, standardized risk assessment tool described in
15    this Act, result in at least 25% of supervised individuals
16    being supervised in accordance with evidence-based
17    practices; within 3 years of the adoption, validation, and
18    utilization of the statewide, standardized risk assessment
19    tool result in at least 50% of supervised individuals
20    being supervised in accordance with evidence-based
21    practices; and within 5 years of the adoption, validation,
22    and utilization of the statewide, standardized risk
23    assessment tool result in at least 75% of supervised
24    individuals being supervised in accordance with
25    evidence-based practices. The policies, rules, and
26    regulations shall:

 

 

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1            (A) Provide for a standardized individual case
2        plan that follows the offender through the criminal
3        justice system (including in-prison if the supervised
4        individual is in prison) that is:
5                (i) Based on the assets of the individual as
6            well as his or her risks and needs identified
7            through the assessment tool as described in this
8            Act.
9                (ii) Comprised of treatment and supervision
10            services appropriate to achieve the purpose of
11            this Act.
12                (iii) Consistently updated, based on program
13            participation by the supervised individual and
14            other behavior modification exhibited by the
15            supervised individual.
16            (B) Concentrate resources and services on
17        high-risk offenders.
18            (C) Provide for the use of evidence-based
19        programming related to education, job training,
20        cognitive behavioral therapy, and other programming
21        designed to reduce criminal behavior.
22            (D) Establish a system of graduated responses.
23                (i) The system shall set forth a menu of
24            presumptive responses for the most common types of
25            supervision violations.
26                (ii) The system shall be guided by the model

 

 

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1            list of intermediate sanctions created by the
2            Probation Services Division of the State of
3            Illinois pursuant to subsection (1) of Section 15
4            of the Probation and Probation Officers Act and
5            the system of intermediate sanctions created by
6            the Chief Judge of each circuit court pursuant to
7            Section 5-6-1 of the Unified Code of Corrections.
8                (iii) The system of responses shall take into
9            account factors such as the severity of the
10            current violation; the supervised individual's
11            risk level as determined by a validated assessment
12            tool described in this Act; the supervised
13            individual's assets; his or her previous criminal
14            record; and the number and severity of any
15            previous supervision violations.
16                (iv) The system shall also define positive
17            reinforcements that supervised individuals may
18            receive for compliance with conditions of
19            supervision.
20                (v) Response to violations should be swift and
21            certain and should be imposed as soon as
22            practicable but no longer than 3 working days of
23            detection of the violation behavior.
24                (vi) The system of graduated responses shall
25            be published on the Department of Corrections
26            website for public view.

 

 

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1        (2) Conditions of local supervision (probation and
2    mandatory supervised release). Conditions of local
3    supervision whether imposed by a sentencing judge or the
4    Prisoner Review Board shall be imposed in accordance with
5    the offender's risks, assets, and needs as identified
6    through the assessment tool described in this Act.
7        (3) The Department of Corrections and the Prisoner
8    Review Board shall annually publish an exemplar copy of
9    any evidence-based assessments, questionnaires, or other
10    instruments used to set conditions of release.
11    (c) Evidence-based in-prison programming.
12        (1) The Department of Corrections shall adopt
13    policies, rules, and regulations that, within the first
14    year of the adoption, validation, and utilization of the
15    statewide, standardized risk assessment tool described in
16    this Act, result in at least 25% of incarcerated
17    individuals receiving services and programming in
18    accordance with evidence-based practices; within 3 years
19    of the adoption, validation, and utilization of the
20    statewide, standardized risk assessment tool result in at
21    least 50% of incarcerated individuals receiving services
22    and programming in accordance with evidence-based
23    practices; and within 5 years of the adoption, validation,
24    and utilization of the statewide, standardized risk
25    assessment tool result in at least 75% of incarcerated
26    individuals receiving services and programming in

 

 

10300SB0423sam001- 52 -LRB103 02875 RLC 61159 a

1    accordance with evidence-based practices. The policies,
2    rules, and regulations shall:
3            (A) Provide for the use and development of a case
4        plan based on the risks, assets, and needs identified
5        through the assessment tool as described in this Act.
6        The case plan should be used to determine in-prison
7        programming; should be continuously updated based on
8        program participation by the prisoner and other
9        behavior modification exhibited by the prisoner; and
10        should be used when creating the case plan described
11        in subsection (b).
12            (B) Provide for the use of evidence-based
13        programming related to education, job training,
14        cognitive behavioral therapy and other evidence-based
15        programming.
16            (C) Establish education programs based on a
17        teacher to student ratio of no more than 1:30.
18            (D) Expand the use of drug prisons, modeled after
19        the Sheridan Correctional Center, to provide
20        sufficient drug treatment and other support services
21        to non-violent inmates with a history of substance
22        abuse.
23        (2) Participation and completion of programming by
24    prisoners can impact earned time credit as determined
25    under Section 3-6-3 of the Unified Code of Corrections.
26        (3) The Department of Corrections shall provide its

 

 

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1    employees with intensive and ongoing training and
2    professional development services to support the
3    implementation of evidence-based practices. The training
4    and professional development services shall include
5    assessment techniques, case planning, cognitive behavioral
6    training, risk reduction and intervention strategies,
7    effective communication skills, substance abuse treatment
8    education and other topics identified by the Department or
9    its employees.
10    (d) The Parole Division of the Department of Corrections
11and the Prisoner Review Board shall provide their employees
12with intensive and ongoing training and professional
13development services to support the implementation of
14evidence-based practices. The training and professional
15development services shall include assessment techniques, case
16planning, cognitive behavioral training, risk reduction and
17intervention strategies, effective communication skills,
18substance abuse treatment education, and other topics
19identified by the agencies or their employees.
20    (e) The Department of Corrections, the Prisoner Review
21Board, and other correctional entities referenced in the
22policies, rules, and regulations of this Act shall design,
23implement, and make public a system to evaluate the
24effectiveness of evidence-based practices in increasing public
25safety and in successful reintegration of those under
26supervision into the locality. Annually, each agency shall

 

 

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1submit to the Sentencing Policy Advisory Council a
2comprehensive report on the success of implementing
3evidence-based practices. The data compiled and analyzed by
4the Council shall be delivered annually to the Governor and
5the General Assembly.
6    (f) The Department of Corrections and the Prisoner Review
7Board shall release a report annually published on their
8websites that reports the following information about the
9usage of electronic monitoring and GPS monitoring as a
10condition of parole and mandatory supervised release during
11the prior calendar year:
12        (1) demographic data of individuals on electronic
13    monitoring and GPS monitoring, separated by the following
14    categories:
15            (A) race or ethnicity;
16            (B) gender; and
17            (C) age;
18        (2) incarceration data of individuals subject to
19    conditions of electronic or GPS monitoring, separated by
20    the following categories:
21            (A) highest class of offense for which the
22        individuals are currently serving a term of release;
23        and
24            (B) length of imprisonment served prior to the
25        current release period;
26        (3) the number of individuals subject to conditions of

 

 

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1    electronic or GPS monitoring, separated by the following
2    categories:
3            (A) the number of individuals subject to
4        monitoring under Section 5-8A-6 of the Unified Code of
5        Corrections;
6            (B) the number of individuals subject monitoring
7        under Section 5-8A-7 of the Unified Code of
8        Corrections;
9            (C) the number of individuals subject to
10        monitoring under a discretionary order of the Prisoner
11        Review Board at the time of their release; and
12            (D) the number of individuals subject to
13        monitoring as a sanction for violations of parole or
14        mandatory supervised release, separated by the
15        following categories:
16                (i) the number of individuals subject to
17            monitoring as part of a graduated sanctions
18            program; and
19                (ii) the number of individuals subject to
20            monitoring as a new condition of re-release after
21            a revocation hearing before the Prisoner Review
22            Board;
23        (4) the number of discretionary monitoring orders
24    issued by the Prisoner Review Board, separated by the
25    following categories:
26            (A) less than 30 days;

 

 

10300SB0423sam001- 56 -LRB103 02875 RLC 61159 a

1            (B) 31 to 60 days;
2            (C) 61 to 90 days;
3            (D) 91 to 120 days;
4            (E) 121 to 150 days;
5            (F) 151 to 180 days;
6            (G) 181 to 364 days;
7            (H) 365 days or more; and
8            (I) duration of release term;
9        (5) the number of discretionary monitoring orders by
10    the Board which removed or terminated monitoring prior to
11    the completion of the original period ordered;
12        (6) the number and severity category for sanctions
13    imposed on individuals on electronic or GPS monitoring,
14    separated by the following categories:
15            (A) absconding from electronic monitoring or GPS;
16            (B) tampering or removing the electronic
17        monitoring or GPS device;
18            (C) unauthorized leaving of the residence;
19            (D) presence of the individual in a prohibited
20        area; or
21            (E) other violations of the terms of the
22        electronic monitoring program;
23        (7) the number of individuals for whom a parole
24    revocation case was filed for failure to comply with the
25    terms of electronic or GPS monitoring, separated by the
26    following categories:

 

 

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1            (A) cases when failure to comply with the terms of
2        monitoring was the sole violation alleged; and
3            (B) cases when failure to comply with the terms of
4        monitoring was alleged in conjunction with other
5        alleged violations;
6        (8) residential data for individuals subject to
7    electronic or GPS monitoring, separated by the following
8    categories:
9            (A) the county of the residence address for
10        individuals subject to electronic or GPS monitoring as
11        a condition of their release; and
12            (B) for counties with a population over 3,000,000,
13        the zip codes of the residence address for individuals
14        subject to electronic or GPS monitoring as a condition
15        of their release;
16        (9) the number of individuals for whom parole
17    revocation cases were filed due to violations of paragraph
18    (1) of subsection (a) of Section 3-3-7 of the Unified Code
19    of Corrections, separated by the following categories:
20            (A) the number of individuals whose violation of
21        paragraph (1) of subsection (a) of Section 3-3-7 of
22        the Unified Code of Corrections allegedly occurred
23        while the individual was subject to conditions of
24        electronic or GPS monitoring;
25            (B) the number of individuals who had violations
26        of paragraph (1) of subsection (a) of Section 3-3-7 of

 

 

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1        the Unified Code of Corrections alleged against them
2        who were never subject to electronic or GPS monitoring
3        during their current term of release; and
4            (C) the number of individuals who had violations
5        of paragraph (1) of subsection (a) of Section 3-3-7 of
6        the Unified Code of Corrections alleged against them
7        who were subject to electronic or GPS monitoring for
8        any period of time during their current term of their
9        release, but who were not subject to such monitoring
10        at the time of the alleged violation of paragraph (1)
11        of subsection (a) of Section 3-3-7 of the Unified Code
12        of Corrections.
13(Source: P.A. 101-231, eff. 1-1-20; 102-558, eff. 8-20-21.)".