97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2047

 

Introduced , by Rep. Dennis M. Reboletti

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-3-7  from Ch. 38, par. 1003-3-7
730 ILCS 5/3-3-8  from Ch. 38, par. 1003-3-8

    Amends the Unified Code of Corrections clarifying date ambiguities and moving a clause regarding reduction of parole or mandatory supervised release upon passing the GED to another Section in the Code. Also provides that if the subject is in compliance with the terms and conditions of his or her parole or mandatory supervised release, the Prisoner Review Board may reduce the period of a parolee or releasee's parole or mandatory supervised release by 90 days upon the parolee or releasee receiving a high school diploma during the period of his or her parole or mandatory supervised release.


LRB097 10617 RLC 51008 b

 

 

A BILL FOR

 

HB2047LRB097 10617 RLC 51008 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 and 3-3-8 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 release
13are 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
17    dangerous weapon;
18        (3) report to an agent of the Department of
19    Corrections;
20        (4) permit the agent to visit him or her at his or her
21    home, employment, or elsewhere to the extent necessary for
22    the agent to discharge his or her duties;
23        (5) attend or reside in a facility established for the

 

 

HB2047- 2 -LRB097 10617 RLC 51008 b

1    instruction or residence of persons on parole or mandatory
2    supervised release;
3        (6) secure permission before visiting or writing a
4    committed person in an Illinois Department of Corrections
5    facility;
6        (7) report all arrests to an agent of the Department of
7    Corrections as soon as permitted by the arresting authority
8    but in no event later than 24 hours after release from
9    custody;
10        (7.5) if convicted of a sex offense as defined in the
11    Sex Offender Management Board Act, the individual shall
12    undergo and successfully complete sex offender treatment
13    conducted in conformance with the standards developed by
14    the Sex Offender Management Board Act by a treatment
15    provider approved by the Board;
16        (7.6) if convicted of a sex offense as defined in the
17    Sex Offender Management Board Act, refrain from residing at
18    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, or is in any facility operated or licensed by

 

 

HB2047- 3 -LRB097 10617 RLC 51008 b

1    the Department of Children and Family Services or by the
2    Department of Human Services, or is in any licensed medical
3    facility;
4        (7.7) if convicted for an offense that would qualify
5    the accused as a sexual predator under the Sex Offender
6    Registration Act on or after January 1, 2007 (the effective
7    date of Public Act 94-988) the effective date of this
8    amendatory Act of the 94th General Assembly, wear an
9    approved electronic monitoring device as defined in
10    Section 5-8A-2 for the duration of the person's parole,
11    mandatory supervised release term, or extended mandatory
12    supervised release term and if convicted for an offense of
13    criminal sexual assault, aggravated criminal sexual
14    assault, predatory criminal sexual assault of a child,
15    criminal sexual abuse, aggravated criminal sexual abuse,
16    or ritualized abuse of a child committed on or after August
17    11, 2009 (the effective date of Public Act 96-236) when the
18    victim was under 18 years of age at the time of the
19    commission of the offense and the defendant used force or
20    the threat of force in the commission of the offense wear
21    an approved electronic monitoring device as defined in
22    Section 5-8A-2 that has Global Positioning System (GPS)
23    capability for the duration of the person's parole,
24    mandatory supervised release term, or extended mandatory
25    supervised release term;
26        (7.8) if convicted for an offense committed on or after

 

 

HB2047- 4 -LRB097 10617 RLC 51008 b

1    June 1, 2008 (the effective date of Public Act 95-464) the
2    effective date of this amendatory Act of the 95th General
3    Assembly 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, refrain from communicating with or
6    contacting, by means of the Internet, a person who is not
7    related to the accused and whom the accused reasonably
8    believes to be under 18 years of age; for purposes of this
9    paragraph (7.8), "Internet" has the meaning ascribed to it
10    in Section 16J-5 of the Criminal Code of 1961; and a person
11    is not related to the accused if the person is not: (i) the
12    spouse, brother, or sister of the accused; (ii) a
13    descendant of the accused; (iii) a first or second cousin
14    of the accused; or (iv) a step-child or adopted child of
15    the accused;
16        (7.9) if convicted under Section 11-6, 11-20.1,
17    11-20.3, or 11-21 of the Criminal Code of 1961, consent to
18    search of computers, PDAs, cellular phones, and other
19    devices under his or her control that are capable of
20    accessing the Internet or storing electronic files, in
21    order to confirm Internet protocol addresses reported in
22    accordance with the Sex Offender Registration Act and
23    compliance with conditions in this Act;
24        (7.10) if convicted for an offense that would qualify
25    the accused as a sex offender or sexual predator under the
26    Sex Offender Registration Act on or after June 1, 2008 (the

 

 

HB2047- 5 -LRB097 10617 RLC 51008 b

1    effective date of Public Act 95-640) the effective date of
2    this amendatory Act of the 95th General Assembly, not
3    possess prescription drugs for erectile dysfunction;
4        (7.11) if convicted for an offense under Section 11-6,
5    11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal
6    Code of 1961, or any attempt to commit any of these
7    offenses, committed on or after June 1, 2009 (the effective
8    date of Public Act 95-983):
9            (i) not access or use a computer or any other
10        device with Internet capability without the prior
11        written approval of the Department;
12            (ii) submit to periodic unannounced examinations
13        of the offender's computer or any other device with
14        Internet capability by the offender's supervising
15        agent, a law enforcement officer, or assigned computer
16        or information technology specialist, including the
17        retrieval and copying of all data from the computer or
18        device and any internal or external peripherals and
19        removal of such information, equipment, or device to
20        conduct a more thorough inspection;
21            (iii) submit to the installation on the offender's
22        computer or device with Internet capability, at the
23        offender's expense, of one or more hardware or software
24        systems to monitor the Internet use; and
25            (iv) submit to any other appropriate restrictions
26        concerning the offender's use of or access to a

 

 

HB2047- 6 -LRB097 10617 RLC 51008 b

1        computer or any other device with Internet capability
2        imposed by the Board, the Department or the offender's
3        supervising agent;
4        (7.12) if convicted of a sex offense as defined in the
5    Sex Offender Registration Act committed on or after January
6    1, 2010 (the effective date of Public Act 96-262), refrain
7    from accessing or using a social networking website as
8    defined in Section 16D-2 of the Criminal Code of 1961;
9        (7.13) if convicted of a sex offense as defined in
10    Section 2 of the Sex Offender Registration Act committed on
11    or after January 1, 2010 (the effective date of Public Act
12    96-362) that requires the person to register as a sex
13    offender under that Act, may not knowingly use any computer
14    scrub software on any computer that the sex offender uses;
15        (8) obtain permission of an agent of the Department of
16    Corrections before leaving the State of Illinois;
17        (9) obtain permission of an agent of the Department of
18    Corrections before changing his or her residence or
19    employment;
20        (10) consent to a search of his or her person,
21    property, or residence under his or her control;
22        (11) refrain from the use or possession of narcotics or
23    other controlled substances in any form, or both, or any
24    paraphernalia related to those substances and submit to a
25    urinalysis test as instructed by a parole agent of the
26    Department of Corrections;

 

 

HB2047- 7 -LRB097 10617 RLC 51008 b

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

 

 

HB2047- 8 -LRB097 10617 RLC 51008 b

1    children under 18 years of age, such as distributing candy
2    or other items to children on Halloween, wearing a Santa
3    Claus costume on or preceding Christmas, being employed as
4    a department store Santa Claus, or wearing an Easter Bunny
5    costume on or preceding Easter; and
6        (17) if convicted of a violation of an order of
7    protection under Section 12-30 of the Criminal Code of
8    1961, be placed under electronic surveillance as provided
9    in Section 5-8A-7 of this Code.
10    (b) The Board may in addition to other conditions require
11that the subject:
12        (1) work or pursue a course of study or vocational
13    training;
14        (2) undergo medical or psychiatric treatment, or
15    treatment for drug addiction or alcoholism;
16        (3) attend or reside in a facility established for the
17    instruction or residence of persons on probation or parole;
18        (4) support his dependents;
19        (5) (blank);
20        (6) (blank);
21        (7) comply with the terms and conditions of an order of
22    protection issued pursuant to the Illinois Domestic
23    Violence Act of 1986, enacted by the 84th General Assembly,
24    or an order of protection issued by the court of another
25    state, tribe, or United States territory;
26        (7.5) if convicted for an offense committed on or after

 

 

HB2047- 9 -LRB097 10617 RLC 51008 b

1    the effective date of this amendatory Act of the 95th
2    General Assembly that would qualify the accused as a child
3    sex offender as defined in Section 11-9.3 or 11-9.4 of the
4    Criminal Code of 1961, refrain from communicating with or
5    contacting, by means of the Internet, a person who is
6    related to the accused and whom the accused reasonably
7    believes to be under 18 years of age; for purposes of this
8    paragraph (7.5), "Internet" has the meaning ascribed to it
9    in Section 16J-5 of the Criminal Code of 1961; and a person
10    is related to the accused if the person is: (i) the spouse,
11    brother, or sister of the accused; (ii) a descendant of the
12    accused; (iii) a first or second cousin of the accused; or
13    (iv) a step-child or adopted child of the accused;
14        (7.6) if convicted for an offense committed on or after
15    June 1, 2009 (the effective date of Public Act 95-983) that
16    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 Department;
21            (ii) submit to periodic unannounced examinations
22        of the offender's computer or any other device with
23        Internet capability by the offender's supervising
24        agent, a law enforcement officer, or assigned computer
25        or information technology specialist, including the
26        retrieval and copying of all data from the computer or

 

 

HB2047- 10 -LRB097 10617 RLC 51008 b

1        device and any internal or external peripherals and
2        removal of such information, equipment, or device to
3        conduct a more thorough inspection;
4            (iii) submit to the installation on the offender's
5        computer or device with Internet capability, at the
6        offender's expense, of one or more hardware or software
7        systems to monitor the Internet use; and
8            (iv) submit to any other appropriate restrictions
9        concerning the offender's use of or access to a
10        computer or any other device with Internet capability
11        imposed by the Board, the Department or the offender's
12        supervising agent; and
13        (8) in addition, if a minor:
14            (i) reside with his parents or in a foster home;
15            (ii) attend school;
16            (iii) attend a non-residential program for youth;
17        or
18            (iv) contribute to his own support at home or in a
19        foster home.
20    (b-1) In addition to the conditions set forth in
21subsections (a) and (b), persons required to register as sex
22offenders pursuant to the Sex Offender Registration Act, upon
23release from the custody of the Illinois Department of
24Corrections, may be required by the Board to comply with the
25following specific conditions of release:
26        (1) reside only at a Department approved location;

 

 

HB2047- 11 -LRB097 10617 RLC 51008 b

1        (2) comply with all requirements of the Sex Offender
2    Registration Act;
3        (3) notify third parties of the risks that may be
4    occasioned by his or her criminal record;
5        (4) obtain the approval of an agent of the Department
6    of Corrections prior to accepting employment or pursuing a
7    course of study or vocational training and notify the
8    Department prior to any change in employment, study, or
9    training;
10        (5) not be employed or participate in any volunteer
11    activity that involves contact with children, except under
12    circumstances approved in advance and in writing by an
13    agent of the Department of Corrections;
14        (6) be electronically monitored for a minimum of 12
15    months from the date of release as determined by the Board;
16        (7) refrain from entering into a designated geographic
17    area except upon terms approved in advance by an agent of
18    the Department of Corrections. The terms may include
19    consideration of the purpose of the entry, the time of day,
20    and others accompanying the person;
21        (8) refrain from having any contact, including written
22    or oral communications, directly or indirectly, personally
23    or by telephone, letter, or through a third party with
24    certain specified persons including, but not limited to,
25    the victim or the victim's family without the prior written
26    approval of an agent of the Department of Corrections;

 

 

HB2047- 12 -LRB097 10617 RLC 51008 b

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

 

 

HB2047- 13 -LRB097 10617 RLC 51008 b

1        (14) may be required to provide a written daily log of
2    activities if directed by an agent of the Department of
3    Corrections;
4        (15) comply with all other special conditions that the
5    Department may impose that restrict the person from
6    high-risk situations and limit access to potential
7    victims;
8        (16) take an annual polygraph exam;
9        (17) maintain a log of his or her travel; or
10        (18) obtain prior approval of his or her parole officer
11    before driving alone in a motor vehicle.
12    (c) The conditions under which the parole or mandatory
13supervised release is to be served shall be communicated to the
14person in writing prior to his release, and he shall sign the
15same before release. A signed copy of these conditions,
16including a copy of an order of protection where one had been
17issued by the criminal court, shall be retained by the person
18and another copy forwarded to the officer in charge of his
19supervision.
20    (d) After a hearing under Section 3-3-9, the Prisoner
21Review Board may modify or enlarge the conditions of parole or
22mandatory supervised release.
23    (e) The Department shall inform all offenders committed to
24the Department of the optional services available to them upon
25release and shall assist inmates in availing themselves of such
26optional services upon their release on a voluntary basis.

 

 

HB2047- 14 -LRB097 10617 RLC 51008 b

1    (f) (Blank). When the subject is in compliance with all
2conditions of his or her parole or mandatory supervised
3release, the subject shall receive a reduction of the period of
4his or her parole or mandatory supervised release of 90 days
5upon passage of the high school level Test of General
6Educational Development during the period of his or her parole
7or mandatory supervised release. This reduction in the period
8of a subject's term of parole or mandatory supervised release
9shall be available only to subjects who have not previously
10earned a high school diploma or who have not previously passed
11the high school level Test of General Educational Development.
12(Source: P.A. 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; 95-579,
13eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876,
14eff. 8-21-08; 95-983, eff. 6-1-09; 96-236, eff. 8-11-09;
1596-262, eff. 1-1-10; 96-328, eff. 8-11-09; 96-362, eff. 1-1-10;
1696-1000, eff. 7-2-10.)
 
17    (730 ILCS 5/3-3-8)  (from Ch. 38, par. 1003-3-8)
18    Sec. 3-3-8. Length of parole and mandatory supervised
19release; discharge.)
20    (a) The length of parole for a person sentenced under the
21law in effect prior to the effective date of this amendatory
22Act of 1977 and the length of mandatory supervised release for
23those sentenced under the law in effect on and after such
24effective date shall be as set out in Section 5-8-1 unless
25sooner terminated under paragraph (b) of this Section. The

 

 

HB2047- 15 -LRB097 10617 RLC 51008 b

1parole period of a juvenile committed to the Department under
2the Juvenile Court Act or the Juvenile Court Act of 1987 shall
3extend until he is 21 years of age unless sooner terminated
4under 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 commitment to the Department, when it
8determines that he is likely to remain at liberty without
9committing 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 may reduce the
13period of a parolee or releasee's parole or mandatory
14supervised release by 90 days upon the parolee or releasee
15receiving a high school diploma or upon passage of the high
16school level Test of General Educational Development during the
17period of his or her parole or mandatory supervised release.
18This reduction in the period of a subject's term of parole or
19mandatory supervised release shall be available only to
20subjects who have not previously earned a high school diploma
21or who have not previously passed the high school level Test of
22General Educational Development.
23    (c) The order of discharge shall become effective upon
24entry of the order of the Board. The Board shall notify the
25clerk of the committing court of the order. Upon receipt of
26such copy, the clerk shall make an entry on the record judgment

 

 

HB2047- 16 -LRB097 10617 RLC 51008 b

1that the sentence or commitment has been satisfied pursuant to
2the order.
3    (d) Rights of the person discharged under this Section
4shall be restored under Section 5-5-5. This Section is subject
5to Section 5-750 of the Juvenile Court Act of 1987.
6(Source: P.A. 90-590, eff. 1-1-99.)