98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5764

 

Introduced , by Rep. John M. Cabello

 

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

    Amends the Unified Code of Corrections. Provides that the supervising officer shall request the Department of Corrections to issue a parole violation warrant, and the Department shall issue a parole violation warrant, under the following circumstances: (1) if the parolee or releasee commits an act that constitutes a Class A misdemeanor or a felony, (2) if applicable, fails to comply with the requirements of the Sex Offender Registration Act, or (3) if the parolee or releasee is charged with violation of an order of protection (rather than specified offenses).


LRB098 18938 RLC 54085 b

 

 

A BILL FOR

 

HB5764LRB098 18938 RLC 54085 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 Section 3-14-2 as follows:
 
6    (730 ILCS 5/3-14-2)  (from Ch. 38, par. 1003-14-2)
7    Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
8Release and Release by Statute.
9    (a) The Department shall retain custody of all persons
10placed on parole or mandatory supervised release or released
11pursuant to Section 3-3-10 of this Code and shall supervise
12such persons during their parole or release period in accord
13with the conditions set by the Prisoner Review Board. Such
14conditions shall include referral to an alcohol or drug abuse
15treatment program, as appropriate, if such person has
16previously been identified as having an alcohol or drug abuse
17problem. Such conditions may include that the person use an
18approved electronic monitoring device subject to Article 8A of
19Chapter V.
20    (b) The Department shall assign personnel to assist persons
21eligible for parole in preparing a parole plan. Such Department
22personnel shall make a report of their efforts and findings to
23the Prisoner Review Board prior to its consideration of the

 

 

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

 

 

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

 

 

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1Review Board.
2    (d) The supervising officer shall regularly advise and
3consult with the parolee or releasee, assist him in adjusting
4to community life, inform him of the restoration of his rights
5on successful completion of sentence under Section 5-5-5. If
6the parolee or releasee has been convicted of a sex offense as
7defined in the Sex Offender Management Board Act, the
8supervising officer shall periodically, but not less than once
9a month, verify that the parolee or releasee is in compliance
10with paragraph (7.6) of subsection (a) of Section 3-3-7.
11    (e) Supervising officers shall receive specialized
12training in the special needs of female releasees or parolees
13including the family reunification process.
14    (f) The supervising officer shall keep such records as the
15Prisoner Review Board or Department may require. All records
16shall be entered in the master file of the individual.
17(Source: P.A. 96-282, eff. 1-1-10; 96-1447, eff. 8-20-10;
1897-389, eff. 8-15-11; 97-1150, eff. 1-25-13.)