Full Text of HB2746 95th General Assembly
HB2746ham002 95TH GENERAL ASSEMBLY
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Rep. LaShawn K. Ford
Filed: 11/12/2008
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09500HB2746ham002 |
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LRB095 01003 RLC 53498 a |
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| AMENDMENT TO HOUSE BILL 2746
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| AMENDMENT NO. ______. Amend House Bill 2746 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Department of Commerce and Economic | 5 |
| Opportunity Law of the
Civil Administrative Code of Illinois is | 6 |
| amended by adding Section 605-416 as follows: | 7 |
| (20 ILCS 605/605-416 new) | 8 |
| Sec. 605-416. Loans to qualified ex-offenders. | 9 |
| (a) The Department of Commerce and Economic Opportunity | 10 |
| shall be responsible for the distribution of funds for the | 11 |
| ex-offender loan program. Funding for this program shall come | 12 |
| solely from the Ex-Offender Fund. The Department, if it so | 13 |
| chooses, may contract out or provide sub-grants for the | 14 |
| administrative services of the program to any organization who | 15 |
| works with ex-offenders and their reentry into society. | 16 |
| Organizations wishing to participate in the program must |
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| present an application to the Department in order to receive | 2 |
| funding. | 3 |
| (b)
Funding distributed from the Ex-Offender Fund may only | 4 |
| be used for 3 purposes: | 5 |
| (1) For the awarding of low-interest loans, not to | 6 |
| exceed an interest rate of 3%, to ex-offenders so that | 7 |
| these individuals may start and operate their own | 8 |
| businesses that have a positive impact on society. The | 9 |
| maximum amount of a loan that an ex-offender may receive | 10 |
| shall not exceed $5,000. | 11 |
| (2) For the awarding of grants to qualified | 12 |
| ex-offenders so that the individuals may have a business | 13 |
| plan developed in order to receive loans to start up their | 14 |
| own businesses. These grants are to be used for the sole | 15 |
| purpose of acquiring a business plan developed by a | 16 |
| credible source. In order to receive these grants, | 17 |
| qualified ex-offenders must submit an application and | 18 |
| provide 50% of the cost to develop the business plan. | 19 |
| (3) For the administration costs of the program. | 20 |
| (c) For purposes of this Section, "qualified ex-offender" | 21 |
| means any person who: | 22 |
| (1) is an eligible offender, as defined under Section | 23 |
| 5-5.5-5 of the Unified Code of Corrections; | 24 |
| (2) was sentenced to a period of incarceration in an | 25 |
| Illinois adult correctional center; and | 26 |
| (3) presents to the Department an application and a |
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| professional business plan. | 2 |
| (d) Notwithstanding any other rulemaking authority that | 3 |
| may exist, neither the Governor nor any agency or agency head | 4 |
| under the jurisdiction of the Governor has any authority to | 5 |
| make or promulgate rules to implement or enforce the provisions | 6 |
| of this amendatory Act of the 95th General Assembly. If, | 7 |
| however, the Governor believes that rules are necessary to | 8 |
| implement or enforce the provisions of this amendatory Act of | 9 |
| the 95th General Assembly, the Governor may suggest rules to | 10 |
| the General Assembly by filing them with the Clerk of the House | 11 |
| and the Secretary of the Senate and by requesting that the | 12 |
| General Assembly authorize such rulemaking by law, enact those | 13 |
| suggested rules into law, or take any other appropriate action | 14 |
| in the General Assembly's discretion. Nothing contained in this | 15 |
| amendatory Act of the 95th General Assembly shall be | 16 |
| interpreted to grant rulemaking authority under any other | 17 |
| Illinois statute where such authority is not otherwise | 18 |
| explicitly given. For the purposes of this Section, "rules" is | 19 |
| given the meaning contained in Section 1-70 of the Illinois | 20 |
| Administrative Procedure Act, and "agency" and "agency head" | 21 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 22 |
| the Illinois Administrative Procedure Act to the extent that | 23 |
| such definitions apply to agencies or agency heads under the | 24 |
| jurisdiction of the Governor. | 25 |
| Section 10. The State Finance Act is amended by adding |
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| Section 5.719 as follows: | 2 |
| (30 ILCS 105/5.719 new) | 3 |
| Sec. 5.719. The Ex-Offender Fund. | 4 |
| Section 15. The Unified Code of Corrections is amended by | 5 |
| changing Section 3-3-7 as follows: | 6 |
| (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | 7 |
| (Text of Section before amendment by P.A. 95-983 ) | 8 |
| Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | 9 |
| Release.
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| (a) The conditions of parole or mandatory
supervised | 11 |
| release shall be such as the Prisoner Review
Board deems | 12 |
| necessary to assist the subject in leading a
law-abiding life. | 13 |
| The conditions of every parole and mandatory
supervised release | 14 |
| are that the subject:
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| (1) not violate any criminal statute of any | 16 |
| jurisdiction
during the parole or release term;
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| (2) refrain from possessing a firearm or other | 18 |
| dangerous
weapon;
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| (3) report to an agent of the Department of | 20 |
| Corrections;
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| (4) permit the agent to visit him or her at his or her | 22 |
| home, employment,
or
elsewhere to the
extent necessary for | 23 |
| the agent to discharge his or her duties;
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| (5) attend or reside in a facility established for the | 2 |
| instruction or
residence
of persons on
parole or mandatory | 3 |
| supervised release;
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| (6) secure permission before visiting or writing a | 5 |
| committed person in an
Illinois Department
of Corrections | 6 |
| facility;
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| (7) report all arrests to an agent of the Department of | 8 |
| Corrections as
soon as
permitted by the
arresting authority | 9 |
| but in no event later than 24 hours after release from
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| custody;
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| (7.5) if convicted of a sex offense as defined in the | 12 |
| Sex Offender
Management Board Act, the individual shall | 13 |
| undergo and successfully complete
sex offender treatment | 14 |
| conducted in conformance with the standards developed by
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| the Sex
Offender Management Board Act by a treatment | 16 |
| provider approved by the Board;
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| (7.6) if convicted of a sex offense as defined in the | 18 |
| Sex Offender
Management Board Act, refrain from residing at | 19 |
| the same address or in the same condominium unit or | 20 |
| apartment unit or in the same condominium complex or | 21 |
| apartment complex with another person he or she knows or | 22 |
| reasonably should know is a convicted sex offender or has | 23 |
| been placed on supervision for a sex offense; the | 24 |
| provisions of this paragraph do not apply to a person | 25 |
| convicted of a sex offense who is placed in a Department of | 26 |
| Corrections licensed transitional housing facility for sex |
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| offenders, or is in any facility operated or licensed by | 2 |
| the Department of Children and Family Services or by the | 3 |
| Department of Human Services, or is in any licensed medical | 4 |
| facility;
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| (7.7) if convicted for an offense that would qualify | 6 |
| the accused as a sexual predator under the Sex Offender | 7 |
| Registration Act on or after 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;
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| (7.8) if convicted for an offense committed on or after | 14 |
| the effective date of this amendatory Act of the 95th | 15 |
| General Assembly that would qualify the accused as a child | 16 |
| sex offender as defined in Section 11-9.3 or 11-9.4 of the | 17 |
| Criminal Code of 1961, refrain from communicating with or | 18 |
| contacting, by means of the Internet, a person who is not | 19 |
| related to the accused and whom the accused reasonably | 20 |
| believes to be under 18 years of age; for purposes of this | 21 |
| paragraph (7.8), "Internet" has the meaning ascribed to it | 22 |
| in Section 16J-5 of the Criminal Code of 1961; and a person | 23 |
| is not related to the accused if the person is not: (i) the | 24 |
| spouse, brother, or sister of the accused; (ii) a | 25 |
| descendant of the accused; (iii) a first or second cousin | 26 |
| of the accused; or (iv) a step-child or adopted child of |
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| the accused;
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| (7.9)
if convicted under Section 11-6, 11-20.1, | 3 |
| 11-20.3, or 11-21 of the Criminal Code of 1961, consent to | 4 |
| search of computers, PDAs, cellular phones, and other | 5 |
| devices under his or her control that are capable of | 6 |
| accessing the Internet or storing electronic files, in | 7 |
| order to confirm Internet protocol addresses reported in | 8 |
| accordance with the Sex Offender Registration Act and | 9 |
| compliance with conditions in this Act;
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| (7.10)
if convicted for an offense that would qualify | 11 |
| the accused as a sex offender or sexual predator under the | 12 |
| Sex Offender Registration Act on or after the effective | 13 |
| date of this amendatory Act of the 95th General Assembly, | 14 |
| not possess prescription drugs for erectile dysfunction;
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| (8) obtain permission of an agent of the Department of | 16 |
| Corrections before
leaving the
State of Illinois;
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| (9) obtain permission of an agent of the Department of | 18 |
| Corrections before
changing
his or her residence or | 19 |
| employment;
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| (10) consent to a search of his or her person, | 21 |
| property, or residence
under his or her
control;
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| (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
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| urinalysis test as instructed by a parole agent of the | 26 |
| Department of
Corrections;
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| (12) not frequent places where controlled substances | 2 |
| are illegally sold,
used,
distributed, or administered;
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| (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
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| 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;
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| (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
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| conduct
while incarcerated, in response to inquiries by his | 13 |
| or her parole agent or of
the
Department of Corrections;
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| (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;
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| (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 |
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| 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 | 11 |
| that the subject:
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| (1) work or pursue a course of study or vocational | 13 |
| training;
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| (2) undergo medical or psychiatric treatment, or | 15 |
| treatment
for drug addiction or alcoholism;
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| (3) attend or reside in a facility established for the
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| instruction or residence of persons on probation or parole;
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| (4) support his dependents;
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| (5) (blank);
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| (6) (blank);
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| (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
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| state, tribe, or United States territory;
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| (7.5) if convicted for an offense committed on or after |
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| 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; and
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| (8) in addition, if a minor:
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| (i) reside with his parents or in a foster home;
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| (ii) attend school;
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| (iii) attend a non-residential program for youth; | 18 |
| or
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| (iv) contribute to his own support at home or in a | 20 |
| foster
home.
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| (b-1) In addition to the conditions set forth in | 22 |
| subsections (a) and (b), persons required to register as sex | 23 |
| offenders pursuant to the Sex Offender Registration Act, upon | 24 |
| release from the custody of the Illinois Department of | 25 |
| Corrections, may be required by the Board to comply with the | 26 |
| following specific conditions of release: |
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| (1) reside only at a Department approved location; | 2 |
| (2) comply with all requirements of the Sex Offender | 3 |
| Registration Act;
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| (3) notify
third parties of the risks that may be | 5 |
| occasioned by his or her criminal record; | 6 |
| (4) obtain the approval of an agent of the Department | 7 |
| of Corrections prior to accepting employment or pursuing a | 8 |
| course of study or vocational training and notify the | 9 |
| Department prior to any change in employment, study, or | 10 |
| training; | 11 |
| (5) not be employed or participate in any
volunteer | 12 |
| activity that involves contact with children, except under | 13 |
| circumstances approved in advance and in writing by an | 14 |
| agent of the Department of Corrections; | 15 |
| (6) be electronically monitored for a minimum of 12 | 16 |
| months from the date of release as determined by the Board;
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| (7) refrain from entering into a designated
geographic | 18 |
| area except upon terms approved in advance by an agent of | 19 |
| the Department of Corrections. The terms may include | 20 |
| consideration of the purpose of the entry, the time of day, | 21 |
| and others accompanying the person; | 22 |
| (8) refrain from having any contact, including
written | 23 |
| or oral communications, directly or indirectly, personally | 24 |
| or by telephone, letter, or through a third party with | 25 |
| certain specified persons including, but not limited to, | 26 |
| the victim or the victim's family without the prior written |
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| approval of an agent of the Department of Corrections; | 2 |
| (9) refrain from all contact, directly or
indirectly, | 3 |
| personally, by telephone, letter, or through a third party, | 4 |
| with minor children without prior identification and | 5 |
| approval of an agent of the Department of Corrections; | 6 |
| (10) neither possess or have under his or her
control | 7 |
| any material that is sexually oriented, sexually | 8 |
| stimulating, or that shows male or female sex organs or any | 9 |
| pictures depicting children under 18 years of age nude or | 10 |
| any written or audio material describing sexual | 11 |
| intercourse or that depicts or alludes to sexual activity, | 12 |
| including but not limited to visual, auditory, telephonic, | 13 |
| or electronic media, or any matter obtained through access | 14 |
| to any computer or material linked to computer access use; | 15 |
| (11) not patronize any business providing
sexually | 16 |
| stimulating or sexually oriented entertainment nor utilize | 17 |
| "900" or adult telephone numbers; | 18 |
| (12) not reside near, visit, or be in or about
parks, | 19 |
| schools, day care centers, swimming pools, beaches, | 20 |
| theaters, or any other places where minor children | 21 |
| congregate without advance approval of an agent of the | 22 |
| Department of Corrections and immediately report any | 23 |
| incidental contact with minor children to the Department; | 24 |
| (13) not possess or have under his or her control
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| certain specified items of contraband related to the | 26 |
| incidence of sexually offending as determined by an agent |
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| of the Department of Corrections; | 2 |
| (14) may be required to provide a written daily log of | 3 |
| activities
if directed by an agent of the Department of | 4 |
| Corrections; | 5 |
| (15) comply with all other special conditions
that the | 6 |
| Department may impose that restrict the person from | 7 |
| high-risk situations and limit access to potential | 8 |
| victims; | 9 |
| (16) take an annual polygraph exam; | 10 |
| (17) maintain a log of his or her travel; or | 11 |
| (18) obtain prior approval of his or her parole officer | 12 |
| before driving alone in a motor vehicle.
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| (c) The conditions under which the parole or mandatory
| 14 |
| supervised release is to be served shall be communicated to
the | 15 |
| person in writing prior to his release, and he shall
sign the | 16 |
| same before release. A signed copy of these conditions,
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| including a copy of an order of protection where one had been | 18 |
| issued by the
criminal court, shall be retained by the person | 19 |
| and another copy forwarded to
the officer in charge of his | 20 |
| supervision.
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| (d) After a hearing under Section 3-3-9, the Prisoner
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| Review Board may modify or enlarge the conditions of parole
or | 23 |
| mandatory supervised release.
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| (e) The Department shall inform all offenders committed to
| 25 |
| the Department of the optional services available to them
upon | 26 |
| release and shall assist inmates in availing themselves
of such |
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| optional services upon their release on a voluntary
basis. | 2 |
| (f) When the subject is in compliance with all conditions | 3 |
| of his or her parole or mandatory supervised release, the | 4 |
| subject shall receive a reduction of the period of his or her | 5 |
| parole or mandatory supervised release of 90 days upon passage | 6 |
| of the high school level Test of General Educational | 7 |
| Development during the period of his or her parole or mandatory | 8 |
| supervised release. This reduction in the period of a subject's | 9 |
| term of parole or mandatory supervised release shall be | 10 |
| available only to subjects who have not previously earned a | 11 |
| high school diploma or who have not previously passed the high | 12 |
| school level Test of General Educational Development.
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| (g) The Board, as a condition of parole or mandatory | 14 |
| supervised release of a person paroled or released on mandatory | 15 |
| supervised release on or after January 1, 2009, shall impose a | 16 |
| fee not to exceed $15 per month of parole or mandatory | 17 |
| supervised release, unless, after determining the inability of | 18 |
| the parolee or releasee to pay the fee, the Board assesses a | 19 |
| lesser amount. The fee shall be imposed only upon an offender | 20 |
| who is actively supervised by the Department of Corrections. | 21 |
| The fee shall be collected by the parolee's or releasee's | 22 |
| supervising agent within one month after receipt and shall be | 23 |
| remitted to the State Treasurer for deposit into the | 24 |
| Ex-Offender Fund which is created in the State Treasury. Moneys | 25 |
| in the fund shall be used to provide low-interest loans for | 26 |
| ex-offenders to start-up their own businesses and to fund the |
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| administrative costs of this program. | 2 |
| (A) Except as provided in clause (D), all offenders | 3 |
| placed under parole or mandatory supervised release | 4 |
| supervision of the Prisoner Review Board are required to | 5 |
| pay a parole maintenance fee not to exceed $15 per month. | 6 |
| (B) Offenders shall be notified of the parole | 7 |
| maintenance fee in the following ways: | 8 |
| (1) offenders assigned to supervision on or after | 9 |
| January 1, 2009, shall sign the revised order of Parole | 10 |
| which includes the condition requiring payment of the | 11 |
| parole maintenance fee; or | 12 |
| (2) offenders under supervision before January 1, | 13 |
| 2009, shall be issued a directive included herein, | 14 |
| requiring payment of the parole maintenance fee. | 15 |
| (C) Fees shall be collected as follows: | 16 |
| (1) offenders shall be provided instructions on | 17 |
| payment methods and procedures; | 18 |
| (2) the parole maintenance fee shall be due on the | 19 |
| first day of the first full month following placement | 20 |
| under Board supervision on parole or mandatory | 21 |
| supervised release. The fee shall be due thereafter on | 22 |
| the first working day of each month until parole is | 23 |
| terminated; | 24 |
| (3) payments shall be deemed delinquent after the | 25 |
| 15th day of the month, including the final month of | 26 |
| supervision; |
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| (4) payment instructions and payment vouchers | 2 |
| shall be provided to the offender that indicate the | 3 |
| following: | 4 |
| (i) how to submit payment; | 5 |
| (ii) the completed payment voucher shall | 6 |
| accompany the payment. | 7 |
| If an offender is declared an absconder, parole | 8 |
| maintenance fees shall continue to accrue until such | 9 |
| time as the case is closed. If the case is active on or | 10 |
| after the first day of the month in which the case is | 11 |
| suspended and closed, the fee shall be assessed for | 12 |
| that month. | 13 |
| (D) An offender shall be exempted from paying parole | 14 |
| maintenance fees and may apply for a waiver under the | 15 |
| following circumstances: | 16 |
| (1) if the offender is paying child support; | 17 |
| (2) if the offender is actively seeking | 18 |
| employment, but remains unemployed. Unemployed | 19 |
| offenders capable of being gainfully employed are not | 20 |
| eligible for a waiver; | 21 |
| (3) if the offender, whose total verified income is | 22 |
| at or below the insufficient criteria, may be | 23 |
| considered for a waiver. An offender's income is | 24 |
| considered insufficient if it is at or below the amount | 25 |
| shown in the Insufficient Income Criteria chart | 26 |
| included in the Request for Waiver of Parole |
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| Maintenance Fees. Income from all family members in the | 2 |
| household shall be used to calculate whether the waiver | 3 |
| is appropriate. If a person lives with his or her | 4 |
| family, the combined income of all family members shall | 5 |
| be used (non-relatives, such as housemates, shall be | 6 |
| excluded). For a waiver to be considered, the offender | 7 |
| must provide appropriate records to document household | 8 |
| income. Once the officer verifies the offender meets | 9 |
| one of the waiver criteria above, the officer shall | 10 |
| complete the Request for Waiver of Intervention Fees | 11 |
| form and submit it to the district administrator for | 12 |
| approval. If approved, waivers are valid for a maximum | 13 |
| of 90 days. The district administrator shall make the | 14 |
| waiver entry into the computer system. If the officer | 15 |
| determines the waiver should be renewed beyond that | 16 |
| point, a new request for Waiver of Parole Maintenance | 17 |
| fees form must be submitted for approval. However, at | 18 |
| any point the officer determines that the offender is | 19 |
| again capable of paying monthly intervention fees, | 20 |
| supervisory approval is not necessary to rescind the | 21 |
| waiver. | 22 |
| (E) The following process for sanctions regarding | 23 |
| nonpayment shall be applied: | 24 |
| (1) within 10 working day of becoming aware that an | 25 |
| offender has failed to submit the parole maintenance | 26 |
| fee, the supervising officer shall contact the |
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| offender in writing, by phone, or in person to remind | 2 |
| them of the payment obligation; | 3 |
| (2) the supervising officer should direct the | 4 |
| offender to specific programs or services that will | 5 |
| assist him or her in addressing his or her inability to | 6 |
| pay (i.e. financial management program, employment | 7 |
| counseling or job seeking classes, substance abuse | 8 |
| counseling, mental health counseling, etc., or a | 9 |
| combination of these); | 10 |
| (3) the supervising officer shall establish a | 11 |
| payment plan, via a written directive, with the | 12 |
| offender, to address any arrearage within a reasonable | 13 |
| time, given the offender's individual circumstances; | 14 |
| (4) should the offender become 3 months late in | 15 |
| parole maintenance fee payments, the Illinois Attorney | 16 |
| General or the State's Attorney of the county in which | 17 |
| the offender is paroled, may bring a civil action to | 18 |
| recover unpaid fees that the offender was required to | 19 |
| pay. Any amount recovered in the civil action shall be | 20 |
| paid into the Ex-Offender Fund. | 21 |
| Notwithstanding any other rulemaking authority that may | 22 |
| exist, neither the Governor nor any agency or agency head under | 23 |
| the jurisdiction of the Governor has any authority to make or | 24 |
| promulgate rules to implement or enforce the provisions of this | 25 |
| amendatory Act of the 95th General Assembly. If, however, the | 26 |
| Governor believes that rules are necessary to implement or |
|
|
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LRB095 01003 RLC 53498 a |
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| 1 |
| enforce the provisions of this amendatory Act of the 95th | 2 |
| General Assembly, the Governor may suggest rules to the General | 3 |
| Assembly by filing them with the Clerk of the House and the | 4 |
| Secretary of the Senate and by requesting that the General | 5 |
| Assembly authorize such rulemaking by law, enact those | 6 |
| suggested rules into law, or take any other appropriate action | 7 |
| in the General Assembly's discretion. Nothing contained in this | 8 |
| amendatory Act of the 95th General Assembly shall be | 9 |
| interpreted to grant rulemaking authority under any other | 10 |
| Illinois statute where such authority is not otherwise | 11 |
| explicitly given. For the purposes of this subsection (g), | 12 |
| "rules" is given the meaning contained in Section 1-70 of the | 13 |
| Illinois Administrative Procedure Act, and "agency" and | 14 |
| "agency head" are given the meanings contained in Sections 1-20 | 15 |
| and 1-25 of the Illinois Administrative Procedure Act to the | 16 |
| extent that such definitions apply to agencies or agency heads | 17 |
| under the jurisdiction of the Governor. | 18 |
| (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | 19 |
| 94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; | 20 |
| 95-579, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; | 21 |
| 95-876, eff. 8-21-08.) | 22 |
| (Text of Section after amendment by P.A. 95-983 ) | 23 |
| Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | 24 |
| Release.
| 25 |
| (a) The conditions of parole or mandatory
supervised |
|
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LRB095 01003 RLC 53498 a |
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| release shall be such as the Prisoner Review
Board deems | 2 |
| necessary to assist the subject in leading a
law-abiding life. | 3 |
| The conditions of every parole and mandatory
supervised release | 4 |
| are that the subject:
| 5 |
| (1) not violate any criminal statute of any | 6 |
| jurisdiction
during the parole or release term;
| 7 |
| (2) refrain from possessing a firearm or other | 8 |
| dangerous
weapon;
| 9 |
| (3) report to an agent of the Department of | 10 |
| Corrections;
| 11 |
| (4) permit the agent to visit him or her at his or her | 12 |
| home, employment,
or
elsewhere to the
extent necessary for | 13 |
| the agent to discharge his or her duties;
| 14 |
| (5) attend or reside in a facility established for the | 15 |
| instruction or
residence
of persons on
parole or mandatory | 16 |
| supervised release;
| 17 |
| (6) secure permission before visiting or writing a | 18 |
| committed person in an
Illinois Department
of Corrections | 19 |
| facility;
| 20 |
| (7) report all arrests to an agent of the Department of | 21 |
| Corrections as
soon as
permitted by the
arresting authority | 22 |
| but in no event later than 24 hours after release from
| 23 |
| custody;
| 24 |
| (7.5) if convicted of a sex offense as defined in the | 25 |
| Sex Offender
Management Board Act, the individual shall | 26 |
| undergo and successfully complete
sex offender treatment |
|
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LRB095 01003 RLC 53498 a |
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| conducted in conformance with the standards developed by
| 2 |
| the Sex
Offender Management Board Act by a treatment | 3 |
| provider approved by the Board;
| 4 |
| (7.6) if convicted of a sex offense as defined in the | 5 |
| Sex Offender
Management Board Act, refrain from residing at | 6 |
| the same address or in the same condominium unit or | 7 |
| apartment unit or in the same condominium complex or | 8 |
| apartment complex with another person he or she knows or | 9 |
| reasonably should know is a convicted sex offender or has | 10 |
| been placed on supervision for a sex offense; the | 11 |
| provisions of this paragraph do not apply to a person | 12 |
| convicted of a sex offense who is placed in a Department of | 13 |
| Corrections licensed transitional housing facility for sex | 14 |
| offenders, or is in any facility operated or licensed by | 15 |
| the Department of Children and Family Services or by the | 16 |
| Department of Human Services, or is in any licensed medical | 17 |
| facility;
| 18 |
| (7.7) if convicted for an offense that would qualify | 19 |
| the accused as a sexual predator under the Sex Offender | 20 |
| Registration Act on or after the effective date of this | 21 |
| amendatory Act of the 94th General Assembly, wear an | 22 |
| approved electronic monitoring device as defined in | 23 |
| Section 5-8A-2 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 |
|
|
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LRB095 01003 RLC 53498 a |
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| 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 not | 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 (7.8), "Internet" has the meaning ascribed to it | 9 |
| in Section 16J-5 of the Criminal Code of 1961; and a person | 10 |
| is not related to the accused if the person is not: (i) the | 11 |
| spouse, brother, or sister of the accused; (ii) a | 12 |
| descendant of the accused; (iii) a first or second cousin | 13 |
| of the accused; or (iv) a step-child or adopted child of | 14 |
| the accused;
| 15 |
| (7.9)
if convicted under Section 11-6, 11-20.1, | 16 |
| 11-20.3, or 11-21 of the Criminal Code of 1961, consent to | 17 |
| search of computers, PDAs, cellular phones, and other | 18 |
| devices under his or her control that are capable of | 19 |
| accessing the Internet or storing electronic files, in | 20 |
| order to confirm Internet protocol addresses reported in | 21 |
| accordance with the Sex Offender Registration Act and | 22 |
| compliance with conditions in this Act;
| 23 |
| (7.10)
if convicted for an offense that would qualify | 24 |
| the accused as a sex offender or sexual predator under the | 25 |
| Sex Offender Registration Act on or after the effective | 26 |
| date of this amendatory Act of the 95th General Assembly, |
|
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LRB095 01003 RLC 53498 a |
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| 1 |
| not possess prescription drugs for erectile dysfunction;
| 2 |
| (7.11) if convicted for an offense under Section 11-6, | 3 |
| 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal | 4 |
| Code of 1961, or any attempt to commit any of these | 5 |
| offenses, committed on or after June 1, 2009 ( the effective | 6 |
| date of Public Act 95-983)
this amendatory Act of the 95th | 7 |
| General Assembly : | 8 |
| (i) not access or use a computer or any other | 9 |
| device with Internet capability without the prior | 10 |
| written approval of the Department; | 11 |
| (ii) submit to periodic unannounced examinations | 12 |
| of the offender's computer or any other device with | 13 |
| Internet capability by the offender's supervising | 14 |
| agent, a law enforcement officer, or assigned computer | 15 |
| or information technology specialist, including the | 16 |
| retrieval and copying of all data from the computer or | 17 |
| device and any internal or external peripherals and | 18 |
| removal of such information, equipment, or device to | 19 |
| conduct a more thorough inspection; | 20 |
| (iii) submit to the installation on the offender's | 21 |
| computer or device with Internet capability, at the | 22 |
| offender's expense, of one or more hardware or software | 23 |
| systems to monitor the Internet use; and | 24 |
| (iv) submit to any other appropriate restrictions | 25 |
| concerning the offender's use of or access to a | 26 |
| computer or any other device with Internet capability |
|
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LRB095 01003 RLC 53498 a |
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| 1 |
| imposed by the Board, the Department or the offender's | 2 |
| supervising agent; | 3 |
| (8) obtain permission of an agent of the Department of | 4 |
| Corrections before
leaving the
State of Illinois;
| 5 |
| (9) obtain permission of an agent of the Department of | 6 |
| Corrections before
changing
his or her residence or | 7 |
| employment;
| 8 |
| (10) consent to a search of his or her person, | 9 |
| property, or residence
under his or her
control;
| 10 |
| (11) refrain from the use or possession of narcotics or | 11 |
| other controlled
substances in
any form, or both, or any | 12 |
| paraphernalia related to those substances and submit
to a
| 13 |
| urinalysis test as instructed by a parole agent of the | 14 |
| Department of
Corrections;
| 15 |
| (12) not frequent places where controlled substances | 16 |
| are illegally sold,
used,
distributed, or administered;
| 17 |
| (13) not knowingly associate with other persons on | 18 |
| parole or mandatory
supervised
release without prior | 19 |
| written permission of his or her parole agent and not
| 20 |
| associate with
persons who are members of an organized gang | 21 |
| as that term is defined in the
Illinois
Streetgang | 22 |
| Terrorism Omnibus Prevention Act;
| 23 |
| (14) provide true and accurate information, as it | 24 |
| relates to his or her
adjustment in the
community while on | 25 |
| parole or mandatory supervised release or to his or her
| 26 |
| conduct
while incarcerated, in response to inquiries by his |
|
|
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09500HB2746ham002 |
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LRB095 01003 RLC 53498 a |
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| 1 |
| or her parole agent or of
the
Department of Corrections;
| 2 |
| (15) follow any specific instructions provided by the | 3 |
| parole agent that
are consistent
with furthering | 4 |
| conditions set and approved by the Prisoner Review Board or | 5 |
| by
law,
exclusive of placement on electronic detention, to | 6 |
| achieve the goals and
objectives of his
or her parole or | 7 |
| mandatory supervised release or to protect the public. | 8 |
| These
instructions by the parole agent may be modified at | 9 |
| any time, as the agent
deems
appropriate;
| 10 |
| (16) if convicted of a sex offense as defined in | 11 |
| subsection (a-5) of Section 3-1-2 of this Code, unless the | 12 |
| offender is a parent or guardian of the person under 18 | 13 |
| years of age present in the home and no non-familial minors | 14 |
| are present, not participate in a holiday event involving | 15 |
| children under 18 years of age, such as distributing candy | 16 |
| or other items to children on Halloween, wearing a Santa | 17 |
| Claus costume on or preceding Christmas, being employed as | 18 |
| a department store Santa Claus, or wearing an Easter Bunny | 19 |
| costume on or preceding Easter; and | 20 |
| (17) if convicted of a violation of an order of | 21 |
| protection under Section 12-30 of the Criminal Code of | 22 |
| 1961, be placed under electronic surveillance as provided | 23 |
| in Section 5-8A-7 of this Code. | 24 |
| (b) The Board may in addition to other conditions
require | 25 |
| that the subject:
| 26 |
| (1) work or pursue a course of study or vocational |
|
|
|
09500HB2746ham002 |
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LRB095 01003 RLC 53498 a |
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| 1 |
| training;
| 2 |
| (2) undergo medical or psychiatric treatment, or | 3 |
| treatment
for drug addiction or alcoholism;
| 4 |
| (3) attend or reside in a facility established for the
| 5 |
| instruction or residence of persons on probation or parole;
| 6 |
| (4) support his dependents;
| 7 |
| (5) (blank);
| 8 |
| (6) (blank);
| 9 |
| (7) comply with the terms and conditions of an order of | 10 |
| protection
issued pursuant to the Illinois Domestic | 11 |
| Violence Act of 1986, enacted by the
84th General Assembly, | 12 |
| or an order of protection issued by the court of another
| 13 |
| state, tribe, or United States territory;
| 14 |
| (7.5) if convicted for an offense committed on or after | 15 |
| the effective date of this amendatory Act of the 95th | 16 |
| General Assembly that would qualify the accused as a child | 17 |
| sex offender as defined in Section 11-9.3 or 11-9.4 of the | 18 |
| Criminal Code of 1961, refrain from communicating with or | 19 |
| contacting, by means of the Internet, a person who is | 20 |
| related to the accused and whom the accused reasonably | 21 |
| believes to be under 18 years of age; for purposes of this | 22 |
| paragraph (7.5), "Internet" has the meaning ascribed to it | 23 |
| in Section 16J-5 of the Criminal Code of 1961; and a person | 24 |
| is related to the accused if the person is: (i) the spouse, | 25 |
| brother, or sister of the accused; (ii) a descendant of the | 26 |
| accused; (iii) a first or second cousin of the accused; or |
|
|
|
09500HB2746ham002 |
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LRB095 01003 RLC 53498 a |
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| 1 |
| (iv) a step-child or adopted child of the accused; | 2 |
| (7.6) if convicted for an offense committed on or after | 3 |
| June 1, 2009 ( the effective date of Public Act 95-983)
this | 4 |
| amendatory Act of the 95th General Assembly that would | 5 |
| qualify as a sex offense as defined in the Sex Offender | 6 |
| Registration Act: | 7 |
| (i) not access or use a computer or any other | 8 |
| device with Internet capability without the prior | 9 |
| written approval of the Department; | 10 |
| (ii) submit to periodic unannounced examinations | 11 |
| of the offender's computer or any other device with | 12 |
| Internet capability by the offender's supervising | 13 |
| agent, a law enforcement officer, or assigned computer | 14 |
| or information technology specialist, including the | 15 |
| retrieval and copying of all data from the computer or | 16 |
| device and any internal or external peripherals and | 17 |
| removal of such information, equipment, or device to | 18 |
| conduct a more thorough inspection; | 19 |
| (iii) submit to the installation on the offender's | 20 |
| computer or device with Internet capability, at the | 21 |
| offender's expense, of one or more hardware or software | 22 |
| systems to monitor the Internet use; and | 23 |
| (iv) submit to any other appropriate restrictions | 24 |
| concerning the offender's use of or access to a | 25 |
| computer or any other device with Internet capability | 26 |
| imposed by the Board, the Department or the offender's |
|
|
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LRB095 01003 RLC 53498 a |
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| 1 |
| supervising agent; and
| 2 |
| (8) in addition, if a minor:
| 3 |
| (i) reside with his parents or in a foster home;
| 4 |
| (ii) attend school;
| 5 |
| (iii) attend a non-residential program for youth; | 6 |
| or
| 7 |
| (iv) contribute to his own support at home or in a | 8 |
| foster
home.
| 9 |
| (b-1) In addition to the conditions set forth in | 10 |
| subsections (a) and (b), persons required to register as sex | 11 |
| offenders pursuant to the Sex Offender Registration Act, upon | 12 |
| release from the custody of the Illinois Department of | 13 |
| Corrections, may be required by the Board to comply with the | 14 |
| following specific conditions of release: | 15 |
| (1) reside only at a Department approved location; | 16 |
| (2) comply with all requirements of the Sex Offender | 17 |
| Registration Act;
| 18 |
| (3) notify
third parties of the risks that may be | 19 |
| occasioned by his or her criminal record; | 20 |
| (4) obtain the approval of an agent of the Department | 21 |
| of Corrections prior to accepting employment or pursuing a | 22 |
| course of study or vocational training and notify the | 23 |
| Department prior to any change in employment, study, or | 24 |
| training; | 25 |
| (5) not be employed or participate in any
volunteer | 26 |
| activity that involves contact with children, except under |
|
|
|
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LRB095 01003 RLC 53498 a |
|
| 1 |
| circumstances approved in advance and in writing by an | 2 |
| agent of the Department of Corrections; | 3 |
| (6) be electronically monitored for a minimum of 12 | 4 |
| months from the date of release as determined by the 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 day, | 9 |
| 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 written | 15 |
| approval of an agent of the Department of Corrections; | 16 |
| (9) refrain from all contact, directly or
indirectly, | 17 |
| personally, by telephone, letter, or through a third party, | 18 |
| with minor children without prior identification and | 19 |
| approval of an agent of the Department of Corrections; | 20 |
| (10) neither possess or have under his or her
control | 21 |
| any material that is sexually oriented, sexually | 22 |
| stimulating, or that shows male or female sex organs or any | 23 |
| pictures depicting children under 18 years of age nude or | 24 |
| any written or audio material describing sexual | 25 |
| intercourse or that depicts or alludes to sexual activity, | 26 |
| including but not limited to visual, auditory, telephonic, |
|
|
|
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LRB095 01003 RLC 53498 a |
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| 1 |
| or electronic media, or any matter obtained through access | 2 |
| to any computer or material linked to computer access use; | 3 |
| (11) not patronize any business providing
sexually | 4 |
| stimulating or sexually oriented entertainment nor utilize | 5 |
| "900" or adult telephone numbers; | 6 |
| (12) not reside near, visit, or be in or about
parks, | 7 |
| schools, day care centers, swimming pools, beaches, | 8 |
| theaters, or any other places where minor children | 9 |
| congregate without advance approval of an agent of the | 10 |
| Department of Corrections and immediately report any | 11 |
| incidental contact with minor children to the Department; | 12 |
| (13) not possess or have under his or her control
| 13 |
| certain specified items of contraband related to the | 14 |
| incidence of sexually offending as determined by an agent | 15 |
| of the Department of Corrections; | 16 |
| (14) may be required to provide a written daily log of | 17 |
| activities
if directed by an agent of the Department of | 18 |
| Corrections; | 19 |
| (15) comply with all other special conditions
that the | 20 |
| Department may impose that restrict the person from | 21 |
| high-risk situations and limit access to potential | 22 |
| victims; | 23 |
| (16) take an annual polygraph exam; | 24 |
| (17) maintain a log of his or her travel; or | 25 |
| (18) obtain prior approval of his or her parole officer | 26 |
| before driving alone in a motor vehicle.
|
|
|
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LRB095 01003 RLC 53498 a |
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| 1 |
| (c) The conditions under which the parole or mandatory
| 2 |
| supervised release is to be served shall be communicated to
the | 3 |
| person in writing prior to his release, and he shall
sign the | 4 |
| same before release. A signed copy of these conditions,
| 5 |
| including a copy of an order of protection where one had been | 6 |
| issued by the
criminal court, shall be retained by the person | 7 |
| and another copy forwarded to
the officer in charge of his | 8 |
| supervision.
| 9 |
| (d) After a hearing under Section 3-3-9, the Prisoner
| 10 |
| Review Board may modify or enlarge the conditions of parole
or | 11 |
| mandatory supervised release.
| 12 |
| (e) The Department shall inform all offenders committed to
| 13 |
| the Department of the optional services available to them
upon | 14 |
| release and shall assist inmates in availing themselves
of such | 15 |
| optional services upon their release on a voluntary
basis. | 16 |
| (f) When the subject is in compliance with all conditions | 17 |
| of his or her parole or mandatory supervised release, the | 18 |
| subject shall receive a reduction of the period of his or her | 19 |
| parole or mandatory supervised release of 90 days upon passage | 20 |
| of the high school level Test of General Educational | 21 |
| Development during the period of his or her parole or mandatory | 22 |
| supervised release. This reduction in the period of a subject's | 23 |
| term of parole or mandatory supervised release shall be | 24 |
| available only to subjects who have not previously earned a | 25 |
| high school diploma or who have not previously passed the high | 26 |
| school level Test of General Educational Development.
|
|
|
|
09500HB2746ham002 |
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LRB095 01003 RLC 53498 a |
|
| 1 |
| (g) The Board, as a condition of parole or mandatory | 2 |
| supervised release of a person paroled or released on mandatory | 3 |
| supervised release on or after January 1, 2009, shall impose a | 4 |
| fee not to exceed $15 per month of parole or mandatory | 5 |
| supervised release, unless, after determining the inability of | 6 |
| the parolee or releasee to pay the fee, the Board assesses a | 7 |
| lesser amount. The fee shall be imposed only upon an offender | 8 |
| who is actively supervised by the Department of Corrections. | 9 |
| The fee shall be collected by the parolee's or releasee's | 10 |
| supervising agent within one month after receipt and shall be | 11 |
| remitted to the State Treasurer for deposit into the | 12 |
| Ex-Offender Fund which is created in the State Treasury. Moneys | 13 |
| in the fund shall be used to provide low-interest loans for | 14 |
| ex-offenders to start-up their own businesses and to fund the | 15 |
| administrative costs of this program. | 16 |
| (A) Except as provided in clause (D), all offenders | 17 |
| placed under parole or mandatory supervised release | 18 |
| supervision of the Prisoner Review Board are required to | 19 |
| pay a parole maintenance fee not to exceed $15 per month. | 20 |
| (B) Offenders shall be notified of the parole | 21 |
| maintenance fee in the following ways: | 22 |
| (1) offenders assigned to supervision on or after | 23 |
| January 1, 2009, shall sign the revised order of Parole | 24 |
| which includes the condition requiring payment of the | 25 |
| parole maintenance fee; or | 26 |
| (2) offenders under supervision before January 1, |
|
|
|
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LRB095 01003 RLC 53498 a |
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| 1 |
| 2009, shall be issued a directive included herein, | 2 |
| requiring payment of the parole maintenance fee. | 3 |
| (C) Fees shall be collected as follows: | 4 |
| (1) offenders shall be provided instructions on | 5 |
| payment methods and procedures; | 6 |
| (2) the parole maintenance fee shall be due on the | 7 |
| first day of the first full month following placement | 8 |
| under Board supervision on parole or mandatory | 9 |
| supervised release. The fee shall be due thereafter on | 10 |
| the first working day of each month until parole is | 11 |
| terminated; | 12 |
| (3) payments shall be deemed delinquent after the | 13 |
| 15th day of the month, including the final month of | 14 |
| supervision; | 15 |
| (4) payment instructions and payment vouchers | 16 |
| shall be provided to the offender that indicate the | 17 |
| following: | 18 |
| (i) how to submit payment; | 19 |
| (ii) the completed payment voucher shall | 20 |
| accompany the payment. | 21 |
| If an offender is declared an absconder, parole | 22 |
| maintenance fees shall continue to accrue until such | 23 |
| time as the case is closed. If the case is active on or | 24 |
| after the first day of the month in which the case is | 25 |
| suspended and closed, the fee shall be assessed for | 26 |
| that month. |
|
|
|
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LRB095 01003 RLC 53498 a |
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| 1 |
| (D) An offender shall be exempted from paying parole | 2 |
| maintenance fees and may apply for a waiver under the | 3 |
| following circumstances: | 4 |
| (1) if the offender is paying child support; | 5 |
| (2) if the offender is actively seeking | 6 |
| employment, but remains unemployed. Unemployed | 7 |
| offenders capable of being gainfully employed are not | 8 |
| eligible for a waiver; | 9 |
| (3) if the offender, whose total verified income is | 10 |
| at or below the insufficient criteria, may be | 11 |
| considered for a waiver. An offender's income is | 12 |
| considered insufficient if it is at or below the amount | 13 |
| shown in the Insufficient Income Criteria chart | 14 |
| included in the Request for Waiver of Parole | 15 |
| Maintenance Fees. Income from all family members in the | 16 |
| household shall be used to calculate whether the waiver | 17 |
| is appropriate. If a person lives with his or her | 18 |
| family, the combined income of all family members shall | 19 |
| be used (non-relatives, such as housemates, shall be | 20 |
| excluded). For a waiver to be considered, the offender | 21 |
| must provide appropriate records to document household | 22 |
| income. Once the officer verifies the offender meets | 23 |
| one of the waiver criteria above, the officer shall | 24 |
| complete the Request for Waiver of Intervention Fees | 25 |
| form and submit it to the district administrator for | 26 |
| approval. If approved, waivers are valid for a maximum |
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| of 90 days. The district administrator shall make the | 2 |
| waiver entry into the computer system. If the officer | 3 |
| determines the waiver should be renewed beyond that | 4 |
| point, a new request for Waiver of Parole Maintenance | 5 |
| fees form must be submitted for approval. However, at | 6 |
| any point the officer determines that the offender is | 7 |
| again capable of paying monthly intervention fees, | 8 |
| supervisory approval is not necessary to rescind the | 9 |
| waiver. | 10 |
| (E) The following process for sanctions regarding | 11 |
| nonpayment shall be applied: | 12 |
| (1) within 10 working day of becoming aware that an | 13 |
| offender has failed to submit the parole maintenance | 14 |
| fee, the supervising officer shall contact the | 15 |
| offender in writing, by phone, or in person to remind | 16 |
| them of the payment obligation; | 17 |
| (2) the supervising officer should direct the | 18 |
| offender to specific programs or services that will | 19 |
| assist him or her in addressing his or her inability to | 20 |
| pay (i.e. financial management program, employment | 21 |
| counseling or job seeking classes, substance abuse | 22 |
| counseling, mental health counseling, etc., or a | 23 |
| combination of these); | 24 |
| (3) the supervising officer shall establish a | 25 |
| payment plan, via a written directive, with the | 26 |
| offender, to address any arrearage within a reasonable |
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| time, given the offender's individual circumstances; | 2 |
| (4) should the offender become 3 months late in | 3 |
| parole maintenance fee payments, the Illinois Attorney | 4 |
| General or the State's Attorney of the county in which | 5 |
| the offender is paroled, may bring a civil action to | 6 |
| recover unpaid fees that the offender was required to | 7 |
| pay. Any amount recovered in the civil action shall be | 8 |
| paid into the Ex-Offender Fund. | 9 |
| Notwithstanding any other rulemaking authority that may | 10 |
| exist, neither the Governor nor any agency or agency head under | 11 |
| the jurisdiction of the Governor has any authority to make or | 12 |
| promulgate rules to implement or enforce the provisions of this | 13 |
| amendatory Act of the 95th General Assembly. If, however, the | 14 |
| Governor believes that rules are necessary to implement or | 15 |
| enforce the provisions of this amendatory Act of the 95th | 16 |
| General Assembly, the Governor may suggest rules to the General | 17 |
| Assembly by filing them with the Clerk of the House and the | 18 |
| Secretary of the Senate and by requesting that the General | 19 |
| Assembly authorize such rulemaking by law, enact those | 20 |
| suggested rules into law, or take any other appropriate action | 21 |
| in the General Assembly's discretion. Nothing contained in this | 22 |
| amendatory Act of the 95th General Assembly shall be | 23 |
| interpreted to grant rulemaking authority under any other | 24 |
| Illinois statute where such authority is not otherwise | 25 |
| explicitly given. For the purposes of this subsection (g), | 26 |
| "rules" is given the meaning contained in Section 1-70 of the |
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| Illinois Administrative Procedure Act, and "agency" and | 2 |
| "agency head" are given the meanings contained in Sections 1-20 | 3 |
| and 1-25 of the Illinois Administrative Procedure Act to the | 4 |
| extent that such definitions apply to agencies or agency heads | 5 |
| under the jurisdiction of the Governor. | 6 |
| (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | 7 |
| 94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; | 8 |
| 95-579, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; | 9 |
| 95-876, eff. 8-21-08; 95-983, eff. 6-1-09; revised 10-20-08.) | 10 |
| Section 95. No acceleration or delay. Where this Act makes | 11 |
| changes in a statute that is represented in this Act by text | 12 |
| that is not yet or no longer in effect (for example, a Section | 13 |
| represented by multiple versions), the use of that text does | 14 |
| not accelerate or delay the taking effect of (i) the changes | 15 |
| made by this Act or (ii) provisions derived from any other | 16 |
| Public Act.
| 17 |
| Section 99. Effective date. This Act takes effect January | 18 |
| 1, 2009.".
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