Full Text of HB2746 95th General Assembly
HB2746ham003 95TH GENERAL ASSEMBLY
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Rep. LaShawn K. Ford
Filed: 11/17/2008
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09500HB2746ham003 |
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LRB095 01003 RLC 53604 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) Rulemaking authority to implement this amendatory Act | 3 |
| of the 95th General Assembly, if any, is conditioned on the | 4 |
| rules being adopted in accordance with all provisions of the | 5 |
| Illinois Administrative Procedure Act and all rules and | 6 |
| procedures of the Joint Committee on Administrative Rules; any | 7 |
| purported rule not so adopted, for whatever reason, is | 8 |
| unauthorized. | 9 |
| Section 10. The State Finance Act is amended by adding | 10 |
| Section 5.719 as follows: | 11 |
| (30 ILCS 105/5.719 new) | 12 |
| Sec. 5.719. The Ex-Offender Fund. | 13 |
| Section 15. The Unified Code of Corrections is amended by | 14 |
| changing Section 3-3-7 as follows: | 15 |
| (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | 16 |
| (Text of Section before amendment by P.A. 95-983 ) | 17 |
| Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | 18 |
| Release.
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| (a) The conditions of parole or mandatory
supervised | 20 |
| release shall be such as the Prisoner Review
Board deems | 21 |
| necessary to assist the subject in leading a
law-abiding life. | 22 |
| The conditions of every parole and mandatory
supervised release |
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| are that the subject:
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| (1) not violate any criminal statute of any | 3 |
| jurisdiction
during the parole or release term;
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| (2) refrain from possessing a firearm or other | 5 |
| dangerous
weapon;
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| (3) report to an agent of the Department of | 7 |
| Corrections;
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| (4) permit the agent to visit him or her at his or her | 9 |
| home, employment,
or
elsewhere to the
extent necessary for | 10 |
| the agent to discharge his or her duties;
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| (5) attend or reside in a facility established for the | 12 |
| instruction or
residence
of persons on
parole or mandatory | 13 |
| supervised release;
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| (6) secure permission before visiting or writing a | 15 |
| committed person in an
Illinois Department
of Corrections | 16 |
| facility;
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| (7) report all arrests to an agent of the Department of | 18 |
| Corrections as
soon as
permitted by the
arresting authority | 19 |
| 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 | 22 |
| Sex Offender
Management Board Act, the individual shall | 23 |
| undergo and successfully complete
sex offender treatment | 24 |
| conducted in conformance with the standards developed by
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| the Sex
Offender Management Board Act by a treatment | 26 |
| provider approved by the Board;
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| (7.6) if convicted of a sex offense as defined in the | 2 |
| Sex Offender
Management Board Act, refrain from residing at | 3 |
| the same address or in the same condominium unit or | 4 |
| apartment unit or in the same condominium complex or | 5 |
| apartment complex with another person he or she knows or | 6 |
| reasonably should know is a convicted sex offender or has | 7 |
| been placed on supervision for a sex offense; the | 8 |
| provisions of this paragraph do not apply to a person | 9 |
| convicted of a sex offense who is placed in a Department of | 10 |
| Corrections licensed transitional housing facility for sex | 11 |
| offenders, or is in any facility operated or licensed by | 12 |
| the Department of Children and Family Services or by the | 13 |
| Department of Human Services, or is in any licensed medical | 14 |
| facility;
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| (7.7) if convicted for an offense that would qualify | 16 |
| the accused as a sexual predator under the Sex Offender | 17 |
| Registration Act on or after the effective date of this | 18 |
| amendatory Act of the 94th General Assembly, wear an | 19 |
| approved electronic monitoring device as defined in | 20 |
| Section 5-8A-2 for the duration of the person's parole, | 21 |
| mandatory supervised release term, or extended mandatory | 22 |
| supervised release term;
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| (7.8) if convicted for an offense committed on or after | 24 |
| the effective date of this amendatory Act of the 95th | 25 |
| General Assembly that would qualify the accused as a child | 26 |
| sex offender as defined in Section 11-9.3 or 11-9.4 of the |
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| Criminal Code of 1961, refrain from communicating with or | 2 |
| contacting, by means of the Internet, a person who is not | 3 |
| related to the accused and whom the accused reasonably | 4 |
| believes to be under 18 years of age; for purposes of this | 5 |
| paragraph (7.8), "Internet" has the meaning ascribed to it | 6 |
| in Section 16J-5 of the Criminal Code of 1961; and a person | 7 |
| is not related to the accused if the person is not: (i) the | 8 |
| spouse, brother, or sister of the accused; (ii) a | 9 |
| descendant of the accused; (iii) a first or second cousin | 10 |
| of the accused; or (iv) a step-child or adopted child of | 11 |
| the accused;
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| (7.9)
if convicted under Section 11-6, 11-20.1, | 13 |
| 11-20.3, or 11-21 of the Criminal Code of 1961, consent to | 14 |
| search of computers, PDAs, cellular phones, and other | 15 |
| devices under his or her control that are capable of | 16 |
| accessing the Internet or storing electronic files, in | 17 |
| order to confirm Internet protocol addresses reported in | 18 |
| accordance with the Sex Offender Registration Act and | 19 |
| compliance with conditions in this Act;
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| (7.10)
if convicted for an offense that would qualify | 21 |
| the accused as a sex offender or sexual predator under the | 22 |
| Sex Offender Registration Act on or after the effective | 23 |
| date of this amendatory Act of the 95th General Assembly, | 24 |
| not possess prescription drugs for erectile dysfunction;
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| (8) obtain permission of an agent of the Department of | 26 |
| Corrections before
leaving the
State of Illinois;
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| (9) obtain permission of an agent of the Department of | 2 |
| Corrections before
changing
his or her residence or | 3 |
| employment;
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| (10) consent to a search of his or her person, | 5 |
| property, or residence
under his or her
control;
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| (11) refrain from the use or possession of narcotics or | 7 |
| other controlled
substances in
any form, or both, or any | 8 |
| paraphernalia related to those substances and submit
to a
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| urinalysis test as instructed by a parole agent of the | 10 |
| Department of
Corrections;
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| (12) not frequent places where controlled substances | 12 |
| are illegally sold,
used,
distributed, or administered;
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| (13) not knowingly associate with other persons on | 14 |
| parole or mandatory
supervised
release without prior | 15 |
| written permission of his or her parole agent and not
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| associate with
persons who are members of an organized gang | 17 |
| as that term is defined in the
Illinois
Streetgang | 18 |
| Terrorism Omnibus Prevention Act;
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| (14) provide true and accurate information, as it | 20 |
| relates to his or her
adjustment in the
community while on | 21 |
| parole or mandatory supervised release or to his or her
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| conduct
while incarcerated, in response to inquiries by his | 23 |
| or her parole agent or of
the
Department of Corrections;
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| (15) follow any specific instructions provided by the | 25 |
| parole agent that
are consistent
with furthering | 26 |
| conditions set and approved by the Prisoner Review Board or |
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| by
law,
exclusive of placement on electronic detention, to | 2 |
| achieve the goals and
objectives of his
or her parole or | 3 |
| mandatory supervised release or to protect the public. | 4 |
| These
instructions by the parole agent may be modified at | 5 |
| any time, as the agent
deems
appropriate;
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| (16) if convicted of a sex offense as defined in | 7 |
| subsection (a-5) of Section 3-1-2 of this Code, unless the | 8 |
| offender is a parent or guardian of the person under 18 | 9 |
| years of age present in the home and no non-familial minors | 10 |
| are present, not participate in a holiday event involving | 11 |
| children under 18 years of age, such as distributing candy | 12 |
| or other items to children on Halloween, wearing a Santa | 13 |
| Claus costume on or preceding Christmas, being employed as | 14 |
| a department store Santa Claus, or wearing an Easter Bunny | 15 |
| costume on or preceding Easter; and | 16 |
| (17) if convicted of a violation of an order of | 17 |
| protection under Section 12-30 of the Criminal Code of | 18 |
| 1961, be placed under electronic surveillance as provided | 19 |
| in Section 5-8A-7 of this Code. | 20 |
| (b) The Board may in addition to other conditions
require | 21 |
| that the subject:
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| (1) work or pursue a course of study or vocational | 23 |
| training;
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| (2) undergo medical or psychiatric treatment, or | 25 |
| 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 | 6 |
| protection
issued pursuant to the Illinois Domestic | 7 |
| Violence Act of 1986, enacted by the
84th General Assembly, | 8 |
| 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 | 11 |
| the effective date of this amendatory Act of the 95th | 12 |
| General Assembly that would qualify the accused as a child | 13 |
| sex offender as defined in Section 11-9.3 or 11-9.4 of the | 14 |
| Criminal Code of 1961, refrain from communicating with or | 15 |
| contacting, by means of the Internet, a person who is | 16 |
| related to the accused and whom the accused reasonably | 17 |
| believes to be under 18 years of age; for purposes of this | 18 |
| paragraph (7.5), "Internet" has the meaning ascribed to it | 19 |
| in Section 16J-5 of the Criminal Code of 1961; and a person | 20 |
| is related to the accused if the person is: (i) the spouse, | 21 |
| brother, or sister of the accused; (ii) a descendant of the | 22 |
| accused; (iii) a first or second cousin of the accused; or | 23 |
| (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; | 2 |
| or
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| (iv) contribute to his own support at home or in a | 4 |
| foster
home.
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| (b-1) In addition to the conditions set forth in | 6 |
| subsections (a) and (b), persons required to register as sex | 7 |
| offenders pursuant to the Sex Offender Registration Act, upon | 8 |
| release from the custody of the Illinois Department of | 9 |
| Corrections, may be required by the Board to comply with the | 10 |
| following specific conditions of release: | 11 |
| (1) reside only at a Department approved location; | 12 |
| (2) comply with all requirements of the Sex Offender | 13 |
| Registration Act;
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| (3) notify
third parties of the risks that may be | 15 |
| occasioned by his or her criminal record; | 16 |
| (4) obtain the approval of an agent of the Department | 17 |
| of Corrections prior to accepting employment or pursuing a | 18 |
| course of study or vocational training and notify the | 19 |
| Department prior to any change in employment, study, or | 20 |
| training; | 21 |
| (5) not be employed or participate in any
volunteer | 22 |
| activity that involves contact with children, except under | 23 |
| circumstances approved in advance and in writing by an | 24 |
| agent of the Department of Corrections; | 25 |
| (6) be electronically monitored for a minimum of 12 | 26 |
| months from the date of release as determined by the Board;
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| (7) refrain from entering into a designated
geographic | 2 |
| area except upon terms approved in advance by an agent of | 3 |
| the Department of Corrections. The terms may include | 4 |
| consideration of the purpose of the entry, the time of day, | 5 |
| and others accompanying the person; | 6 |
| (8) refrain from having any contact, including
written | 7 |
| or oral communications, directly or indirectly, personally | 8 |
| or by telephone, letter, or through a third party with | 9 |
| certain specified persons including, but not limited to, | 10 |
| the victim or the victim's family without the prior written | 11 |
| approval of an agent of the Department of Corrections; | 12 |
| (9) refrain from all contact, directly or
indirectly, | 13 |
| personally, by telephone, letter, or through a third party, | 14 |
| with minor children without prior identification and | 15 |
| approval of an agent of the Department of Corrections; | 16 |
| (10) neither possess or have under his or her
control | 17 |
| any material that is sexually oriented, sexually | 18 |
| stimulating, or that shows male or female sex organs or any | 19 |
| pictures depicting children under 18 years of age nude or | 20 |
| any written or audio material describing sexual | 21 |
| intercourse or that depicts or alludes to sexual activity, | 22 |
| including but not limited to visual, auditory, telephonic, | 23 |
| or electronic media, or any matter obtained through access | 24 |
| to any computer or material linked to computer access use; | 25 |
| (11) not patronize any business providing
sexually | 26 |
| stimulating or sexually oriented entertainment nor utilize |
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| "900" or adult telephone numbers; | 2 |
| (12) not reside near, visit, or be in or about
parks, | 3 |
| schools, day care centers, swimming pools, beaches, | 4 |
| theaters, or any other places where minor children | 5 |
| congregate without advance approval of an agent of the | 6 |
| Department of Corrections and immediately report any | 7 |
| incidental contact with minor children to the Department; | 8 |
| (13) not possess or have under his or her control
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| certain specified items of contraband related to the | 10 |
| incidence of sexually offending as determined by an agent | 11 |
| of the Department of Corrections; | 12 |
| (14) may be required to provide a written daily log of | 13 |
| activities
if directed by an agent of the Department of | 14 |
| Corrections; | 15 |
| (15) comply with all other special conditions
that the | 16 |
| Department may impose that restrict the person from | 17 |
| high-risk situations and limit access to potential | 18 |
| victims; | 19 |
| (16) take an annual polygraph exam; | 20 |
| (17) maintain a log of his or her travel; or | 21 |
| (18) obtain prior approval of his or her parole officer | 22 |
| before driving alone in a motor vehicle.
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| (c) The conditions under which the parole or mandatory
| 24 |
| supervised release is to be served shall be communicated to
the | 25 |
| person in writing prior to his release, and he shall
sign the | 26 |
| 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 | 2 |
| issued by the
criminal court, shall be retained by the person | 3 |
| and another copy forwarded to
the officer in charge of his | 4 |
| 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 | 7 |
| mandatory supervised release.
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| (e) The Department shall inform all offenders committed to
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| the Department of the optional services available to them
upon | 10 |
| release and shall assist inmates in availing themselves
of such | 11 |
| optional services upon their release on a voluntary
basis. | 12 |
| (f) When the subject is in compliance with all conditions | 13 |
| of his or her parole or mandatory supervised release, the | 14 |
| subject shall receive a reduction of the period of his or her | 15 |
| parole or mandatory supervised release of 90 days upon passage | 16 |
| of the high school level Test of General Educational | 17 |
| Development during the period of his or her parole or mandatory | 18 |
| supervised release. This reduction in the period of a subject's | 19 |
| term of parole or mandatory supervised release shall be | 20 |
| available only to subjects who have not previously earned a | 21 |
| high school diploma or who have not previously passed the high | 22 |
| school level Test of General Educational Development.
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| (g) The Board, as a condition of parole or mandatory | 24 |
| supervised release of a person paroled or released on mandatory | 25 |
| supervised release on or after January 1, 2009, shall impose a | 26 |
| fee not to exceed $15 per month of parole or mandatory |
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| supervised release, unless, after determining the inability of | 2 |
| the parolee or releasee to pay the fee, the Board assesses a | 3 |
| lesser amount. The fee shall be imposed only upon an offender | 4 |
| who is actively supervised by the Department of Corrections. | 5 |
| The fee shall be collected by the parolee's or releasee's | 6 |
| supervising agent within one month after receipt and shall be | 7 |
| remitted to the State Treasurer for deposit into the | 8 |
| Ex-Offender Fund which is created in the State Treasury. Moneys | 9 |
| in the fund shall be used to provide low-interest loans for | 10 |
| ex-offenders to start-up their own businesses and to fund the | 11 |
| administrative costs of this program. | 12 |
| (A) Except as provided in clause (D), all offenders | 13 |
| placed under parole or mandatory supervised release | 14 |
| supervision of the Prisoner Review Board are required to | 15 |
| pay a parole maintenance fee not to exceed $15 per month. | 16 |
| (B) Offenders shall be notified of the parole | 17 |
| maintenance fee in the following ways: | 18 |
| (1) offenders assigned to supervision on or after | 19 |
| January 1, 2009, shall sign the revised order of Parole | 20 |
| which includes the condition requiring payment of the | 21 |
| parole maintenance fee; or | 22 |
| (2) offenders under supervision before January 1, | 23 |
| 2009, shall be issued a directive included herein, | 24 |
| requiring payment of the parole maintenance fee. | 25 |
| (C) Fees shall be collected as follows: | 26 |
| (1) offenders shall be provided instructions on |
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| payment methods and procedures; | 2 |
| (2) the parole maintenance fee shall be due on the | 3 |
| first day of the first full month following placement | 4 |
| under Board supervision on parole or mandatory | 5 |
| supervised release. The fee shall be due thereafter on | 6 |
| the first working day of each month until parole is | 7 |
| terminated; | 8 |
| (3) payments shall be deemed delinquent after the | 9 |
| 15th day of the month, including the final month of | 10 |
| supervision; | 11 |
| (4) payment instructions and payment vouchers | 12 |
| shall be provided to the offender that indicate the | 13 |
| following: | 14 |
| (i) how to submit payment; | 15 |
| (ii) the completed payment voucher shall | 16 |
| accompany the payment. | 17 |
| If an offender is declared an absconder, parole | 18 |
| maintenance fees shall continue to accrue until such | 19 |
| time as the case is closed. If the case is active on or | 20 |
| after the first day of the month in which the case is | 21 |
| suspended and closed, the fee shall be assessed for | 22 |
| that month. | 23 |
| (D) An offender shall be exempted from paying parole | 24 |
| maintenance fees and may apply for a waiver under the | 25 |
| following circumstances: | 26 |
| (1) if the offender is paying child support; |
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| (2) if the offender is actively seeking | 2 |
| employment, but remains unemployed. Unemployed | 3 |
| offenders capable of being gainfully employed are not | 4 |
| eligible for a waiver; | 5 |
| (3) if the offender, whose total verified income is | 6 |
| at or below the insufficient criteria, may be | 7 |
| considered for a waiver. An offender's income is | 8 |
| considered insufficient if it is at or below the amount | 9 |
| shown in the Insufficient Income Criteria chart | 10 |
| included in the Request for Waiver of Parole | 11 |
| Maintenance Fees. Income from all family members in the | 12 |
| household shall be used to calculate whether the waiver | 13 |
| is appropriate. If a person lives with his or her | 14 |
| family, the combined income of all family members shall | 15 |
| be used (non-relatives, such as housemates, shall be | 16 |
| excluded). For a waiver to be considered, the offender | 17 |
| must provide appropriate records to document household | 18 |
| income. Once the officer verifies the offender meets | 19 |
| one of the waiver criteria above, the officer shall | 20 |
| complete the Request for Waiver of Intervention Fees | 21 |
| form and submit it to the district administrator for | 22 |
| approval. If approved, waivers are valid for a maximum | 23 |
| of 90 days. The district administrator shall make the | 24 |
| waiver entry into the computer system. If the officer | 25 |
| determines the waiver should be renewed beyond that | 26 |
| point, a new request for Waiver of Parole Maintenance |
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| fees form must be submitted for approval. However, at | 2 |
| any point the officer determines that the offender is | 3 |
| again capable of paying monthly intervention fees, | 4 |
| supervisory approval is not necessary to rescind the | 5 |
| waiver. | 6 |
| (E) The following process for sanctions regarding | 7 |
| nonpayment shall be applied: | 8 |
| (1) within 10 working day of becoming aware that an | 9 |
| offender has failed to submit the parole maintenance | 10 |
| fee, the supervising officer shall contact the | 11 |
| offender in writing, by phone, or in person to remind | 12 |
| them of the payment obligation; | 13 |
| (2) the supervising officer should direct the | 14 |
| offender to specific programs or services that will | 15 |
| assist him or her in addressing his or her inability to | 16 |
| pay (i.e. financial management program, employment | 17 |
| counseling or job seeking classes, substance abuse | 18 |
| counseling, mental health counseling, etc., or a | 19 |
| combination of these); | 20 |
| (3) the supervising officer shall establish a | 21 |
| payment plan, via a written directive, with the | 22 |
| offender, to address any arrearage within a reasonable | 23 |
| time, given the offender's individual circumstances; | 24 |
| (4) should the offender become 3 months late in | 25 |
| parole maintenance fee payments, the Illinois Attorney | 26 |
| General or the State's Attorney of the county in which |
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| the offender is paroled, may bring a civil action to | 2 |
| recover unpaid fees that the offender was required to | 3 |
| pay. Any amount recovered in the civil action shall be | 4 |
| paid into the Ex-Offender Fund. | 5 |
| Rulemaking authority to implement this amendatory Act of | 6 |
| the 95th General Assembly, if any, is conditioned on the rules | 7 |
| being adopted in accordance with all provisions of the Illinois | 8 |
| Administrative Procedure Act and all rules and procedures of | 9 |
| the Joint Committee on Administrative Rules; any purported rule | 10 |
| not so adopted, for whatever reason, is unauthorized. | 11 |
| (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | 12 |
| 94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; | 13 |
| 95-579, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; | 14 |
| 95-876, eff. 8-21-08.) | 15 |
| (Text of Section after amendment by P.A. 95-983 ) | 16 |
| Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | 17 |
| Release.
| 18 |
| (a) The conditions of parole or mandatory
supervised | 19 |
| release shall be such as the Prisoner Review
Board deems | 20 |
| necessary to assist the subject in leading a
law-abiding life. | 21 |
| The conditions of every parole and mandatory
supervised release | 22 |
| are that the subject:
| 23 |
| (1) not violate any criminal statute of any | 24 |
| jurisdiction
during the parole or release term;
| 25 |
| (2) refrain from possessing a firearm or other |
|
|
|
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LRB095 01003 RLC 53604 a |
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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 of | 14 |
| Corrections as
soon as
permitted by the
arresting authority | 15 |
| but in no event later than 24 hours after release from
| 16 |
| custody;
| 17 |
| (7.5) if convicted of a sex offense as defined in the | 18 |
| Sex Offender
Management Board Act, the individual shall | 19 |
| undergo and successfully complete
sex offender treatment | 20 |
| conducted in conformance with the standards developed by
| 21 |
| the Sex
Offender Management Board Act by a treatment | 22 |
| provider approved by the Board;
| 23 |
| (7.6) if convicted of a sex offense as defined in the | 24 |
| Sex Offender
Management Board Act, refrain from residing at | 25 |
| the same address or in the same condominium unit or | 26 |
| apartment unit or in the same condominium complex or |
|
|
|
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LRB095 01003 RLC 53604 a |
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| 1 |
| apartment complex with another person he or she knows or | 2 |
| reasonably should know is a convicted sex offender or has | 3 |
| been placed on supervision for a sex offense; the | 4 |
| provisions of this paragraph do not apply to a person | 5 |
| convicted of a sex offense who is placed in a Department of | 6 |
| Corrections licensed transitional housing facility for sex | 7 |
| offenders, or is in any facility operated or licensed by | 8 |
| the Department of Children and Family Services or by the | 9 |
| Department of Human Services, or is in any licensed medical | 10 |
| facility;
| 11 |
| (7.7) if convicted for an offense that would qualify | 12 |
| the accused as a sexual predator under the Sex Offender | 13 |
| Registration Act on or after the effective date of this | 14 |
| amendatory Act of the 94th General Assembly, wear an | 15 |
| approved electronic monitoring device as defined in | 16 |
| Section 5-8A-2 for the duration of the person's parole, | 17 |
| mandatory supervised release term, or extended mandatory | 18 |
| supervised release term;
| 19 |
| (7.8) if convicted for an offense committed on or after | 20 |
| the effective date of this amendatory Act of the 95th | 21 |
| General Assembly that would qualify the accused as a child | 22 |
| sex offender as defined in Section 11-9.3 or 11-9.4 of the | 23 |
| Criminal Code of 1961, refrain from communicating with or | 24 |
| contacting, by means of the Internet, a person who is not | 25 |
| related to the accused and whom the accused reasonably | 26 |
| believes to be under 18 years of age; for purposes of this |
|
|
|
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LRB095 01003 RLC 53604 a |
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| 1 |
| paragraph (7.8), "Internet" has the meaning ascribed to it | 2 |
| in Section 16J-5 of the Criminal Code of 1961; and a person | 3 |
| is not related to the accused if the person is not: (i) the | 4 |
| spouse, brother, or sister of the accused; (ii) a | 5 |
| descendant of the accused; (iii) a first or second cousin | 6 |
| of the accused; or (iv) a step-child or adopted child of | 7 |
| the accused;
| 8 |
| (7.9)
if convicted under Section 11-6, 11-20.1, | 9 |
| 11-20.3, or 11-21 of the Criminal Code of 1961, consent to | 10 |
| search of computers, PDAs, cellular phones, and other | 11 |
| devices under his or her control that are capable of | 12 |
| accessing the Internet or storing electronic files, in | 13 |
| order to confirm Internet protocol addresses reported in | 14 |
| accordance with the Sex Offender Registration Act and | 15 |
| compliance with conditions in this Act;
| 16 |
| (7.10)
if convicted for an offense that would qualify | 17 |
| the accused as a sex offender or sexual predator under the | 18 |
| Sex Offender Registration Act on or after the effective | 19 |
| date of this amendatory Act of the 95th General Assembly, | 20 |
| not possess prescription drugs for erectile dysfunction;
| 21 |
| (7.11) if convicted for an offense under Section 11-6, | 22 |
| 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal | 23 |
| Code of 1961, or any attempt to commit any of these | 24 |
| offenses, committed on or after June 1, 2009 ( the effective | 25 |
| date of Public Act 95-983)
this amendatory Act of the 95th | 26 |
| General Assembly : |
|
|
|
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LRB095 01003 RLC 53604 a |
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| 1 |
| (i) not access or use a computer or any other | 2 |
| device with Internet capability without the prior | 3 |
| written approval of the Department; | 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 supervising | 7 |
| agent, a law enforcement officer, or assigned computer | 8 |
| or information technology specialist, including the | 9 |
| retrieval and copying of all data from the computer or | 10 |
| device and any internal or external peripherals and | 11 |
| removal of such information, equipment, or device to | 12 |
| conduct a more thorough inspection; | 13 |
| (iii) submit to the installation on the offender's | 14 |
| computer or device with Internet capability, at the | 15 |
| offender's expense, of one or more hardware or software | 16 |
| systems to monitor the Internet use; and | 17 |
| (iv) submit to any other appropriate restrictions | 18 |
| concerning the offender's use of or access to a | 19 |
| computer or any other device with Internet capability | 20 |
| imposed by the Board, the Department or the offender's | 21 |
| supervising agent; | 22 |
| (8) obtain permission of an agent of the Department of | 23 |
| Corrections before
leaving the
State of Illinois;
| 24 |
| (9) obtain permission of an agent of the Department of | 25 |
| Corrections before
changing
his or her residence or | 26 |
| employment;
|
|
|
|
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LRB095 01003 RLC 53604 a |
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| (10) consent to a search of his or her person, | 2 |
| property, or residence
under his or her
control;
| 3 |
| (11) refrain from the use or possession of narcotics or | 4 |
| other controlled
substances in
any form, or both, or any | 5 |
| paraphernalia related to those substances and submit
to a
| 6 |
| urinalysis test as instructed by a parole agent of the | 7 |
| Department of
Corrections;
| 8 |
| (12) not frequent places where controlled substances | 9 |
| are illegally sold,
used,
distributed, or administered;
| 10 |
| (13) not knowingly associate with other persons on | 11 |
| parole or mandatory
supervised
release without prior | 12 |
| written permission of his or her parole agent and not
| 13 |
| associate with
persons who are members of an organized gang | 14 |
| as that term is defined in the
Illinois
Streetgang | 15 |
| Terrorism Omnibus Prevention Act;
| 16 |
| (14) provide true and accurate information, as it | 17 |
| relates to his or her
adjustment in the
community while on | 18 |
| parole or mandatory supervised release or to his or her
| 19 |
| conduct
while incarcerated, in response to inquiries by his | 20 |
| or her parole agent or of
the
Department of Corrections;
| 21 |
| (15) follow any specific instructions provided by the | 22 |
| parole agent that
are consistent
with furthering | 23 |
| conditions set and approved by the Prisoner Review Board or | 24 |
| by
law,
exclusive of placement on electronic detention, to | 25 |
| achieve the goals and
objectives of his
or her parole or | 26 |
| mandatory supervised release or to protect the public. |
|
|
|
09500HB2746ham003 |
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LRB095 01003 RLC 53604 a |
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| 1 |
| These
instructions by the parole agent may be modified at | 2 |
| any time, as the agent
deems
appropriate;
| 3 |
| (16) if convicted of a sex offense as defined in | 4 |
| subsection (a-5) of Section 3-1-2 of this Code, unless the | 5 |
| offender is a parent or guardian of the person under 18 | 6 |
| years of age present in the home and no non-familial minors | 7 |
| are present, not participate in a holiday event involving | 8 |
| children under 18 years of age, such as distributing candy | 9 |
| or other items to children on Halloween, wearing a Santa | 10 |
| Claus costume on or preceding Christmas, being employed as | 11 |
| a department store Santa Claus, or wearing an Easter Bunny | 12 |
| costume on or preceding Easter; and | 13 |
| (17) if convicted of a violation of an order of | 14 |
| protection under Section 12-30 of the Criminal Code of | 15 |
| 1961, be placed under electronic surveillance as provided | 16 |
| in Section 5-8A-7 of this Code. | 17 |
| (b) The Board may in addition to other conditions
require | 18 |
| that the subject:
| 19 |
| (1) work or pursue a course of study or vocational | 20 |
| training;
| 21 |
| (2) undergo medical or psychiatric treatment, or | 22 |
| treatment
for drug addiction or alcoholism;
| 23 |
| (3) attend or reside in a facility established for the
| 24 |
| instruction or residence of persons on probation or parole;
| 25 |
| (4) support his dependents;
| 26 |
| (5) (blank);
|
|
|
|
09500HB2746ham003 |
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LRB095 01003 RLC 53604 a |
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| 1 |
| (6) (blank);
| 2 |
| (7) comply with the terms and conditions of an order of | 3 |
| protection
issued pursuant to the Illinois Domestic | 4 |
| Violence Act of 1986, enacted by the
84th General Assembly, | 5 |
| or an order of protection issued by the court of another
| 6 |
| state, tribe, or United States territory;
| 7 |
| (7.5) if convicted for an offense committed on or after | 8 |
| the effective date of this amendatory Act of the 95th | 9 |
| General Assembly that would qualify the accused as a child | 10 |
| sex offender as defined in Section 11-9.3 or 11-9.4 of the | 11 |
| Criminal Code of 1961, refrain from communicating with or | 12 |
| contacting, by means of the Internet, a person who is | 13 |
| related to the accused and whom the accused reasonably | 14 |
| believes to be under 18 years of age; for purposes of this | 15 |
| paragraph (7.5), "Internet" has the meaning ascribed to it | 16 |
| in Section 16J-5 of the Criminal Code of 1961; and a person | 17 |
| is related to the accused if the person is: (i) the spouse, | 18 |
| brother, or sister of the accused; (ii) a descendant of the | 19 |
| accused; (iii) a first or second cousin of the accused; or | 20 |
| (iv) a step-child or adopted child of the accused; | 21 |
| (7.6) if convicted for an offense committed on or after | 22 |
| June 1, 2009 ( the effective date of Public Act 95-983)
this | 23 |
| amendatory Act of the 95th General Assembly that would | 24 |
| qualify as a sex offense as defined in the Sex Offender | 25 |
| Registration Act: | 26 |
| (i) not access or use a computer or any other |
|
|
|
09500HB2746ham003 |
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LRB095 01003 RLC 53604 a |
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| 1 |
| device with Internet capability without the prior | 2 |
| written approval of the Department; | 3 |
| (ii) submit to periodic unannounced examinations | 4 |
| of the offender's computer or any other device with | 5 |
| Internet capability by the offender's supervising | 6 |
| agent, a law enforcement officer, or assigned computer | 7 |
| or information technology specialist, including the | 8 |
| retrieval and copying of all data from the computer or | 9 |
| device and any internal or external peripherals and | 10 |
| removal of such information, equipment, or device to | 11 |
| conduct a more thorough inspection; | 12 |
| (iii) submit to the installation on the offender's | 13 |
| computer or device with Internet capability, at the | 14 |
| offender's expense, of one or more hardware or software | 15 |
| systems to monitor the Internet use; and | 16 |
| (iv) submit to any other appropriate restrictions | 17 |
| concerning the offender's use of or access to a | 18 |
| computer or any other device with Internet capability | 19 |
| imposed by the Board, the Department or the offender's | 20 |
| supervising agent; and
| 21 |
| (8) in addition, if a minor:
| 22 |
| (i) reside with his parents or in a foster home;
| 23 |
| (ii) attend school;
| 24 |
| (iii) attend a non-residential program for youth; | 25 |
| or
| 26 |
| (iv) contribute to his own support at home or in a |
|
|
|
09500HB2746ham003 |
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LRB095 01003 RLC 53604 a |
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| 1 |
| foster
home.
| 2 |
| (b-1) In addition to the conditions set forth in | 3 |
| subsections (a) and (b), persons required to register as sex | 4 |
| offenders pursuant to the Sex Offender Registration Act, upon | 5 |
| release from the custody of the Illinois Department of | 6 |
| Corrections, may be required by the Board to comply with the | 7 |
| following specific conditions of release: | 8 |
| (1) reside only at a Department approved location; | 9 |
| (2) comply with all requirements of the Sex Offender | 10 |
| Registration Act;
| 11 |
| (3) notify
third parties of the risks that may be | 12 |
| occasioned by his or her criminal record; | 13 |
| (4) obtain the approval of an agent of the Department | 14 |
| of Corrections prior to accepting employment or pursuing a | 15 |
| course of study or vocational training and notify the | 16 |
| Department prior to any change in employment, study, or | 17 |
| training; | 18 |
| (5) not be employed or participate in any
volunteer | 19 |
| activity that involves contact with children, except under | 20 |
| circumstances approved in advance and in writing by an | 21 |
| agent of the Department of Corrections; | 22 |
| (6) be electronically monitored for a minimum of 12 | 23 |
| months from the date of release as determined by the Board;
| 24 |
| (7) refrain from entering into a designated
geographic | 25 |
| area except upon terms approved in advance by an agent of | 26 |
| the Department of Corrections. The terms may include |
|
|
|
09500HB2746ham003 |
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LRB095 01003 RLC 53604 a |
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| 1 |
| consideration of the purpose of the entry, the time of day, | 2 |
| and others accompanying the person; | 3 |
| (8) refrain from having any contact, including
written | 4 |
| or oral communications, directly or indirectly, personally | 5 |
| or by telephone, letter, or through a third party with | 6 |
| certain specified persons including, but not limited to, | 7 |
| the victim or the victim's family without the prior written | 8 |
| approval of an agent of the Department of Corrections; | 9 |
| (9) refrain from all contact, directly or
indirectly, | 10 |
| personally, by telephone, letter, or through a third party, | 11 |
| with minor children without prior identification and | 12 |
| approval of an agent of the Department of Corrections; | 13 |
| (10) neither possess or have under his or her
control | 14 |
| any material that is sexually oriented, sexually | 15 |
| stimulating, or that shows male or female sex organs or any | 16 |
| pictures depicting children under 18 years of age nude or | 17 |
| any written or audio material describing sexual | 18 |
| intercourse or that depicts or alludes to sexual activity, | 19 |
| including but not limited to visual, auditory, telephonic, | 20 |
| or electronic media, or any matter obtained through access | 21 |
| to any computer or material linked to computer access use; | 22 |
| (11) not patronize any business providing
sexually | 23 |
| stimulating or sexually oriented entertainment nor utilize | 24 |
| "900" or adult telephone numbers; | 25 |
| (12) not reside near, visit, or be in or about
parks, | 26 |
| schools, day care centers, swimming pools, beaches, |
|
|
|
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LRB095 01003 RLC 53604 a |
|
| 1 |
| theaters, or any other places where minor children | 2 |
| congregate without advance approval of an agent of the | 3 |
| Department of Corrections and immediately report any | 4 |
| incidental contact with minor children to the Department; | 5 |
| (13) not possess or have under his or her control
| 6 |
| certain specified items of contraband related to the | 7 |
| incidence of sexually offending as determined by an agent | 8 |
| of the Department of Corrections; | 9 |
| (14) may be required to provide a written daily log of | 10 |
| activities
if directed by an agent of the Department of | 11 |
| Corrections; | 12 |
| (15) comply with all other special conditions
that the | 13 |
| Department may impose that restrict the person from | 14 |
| high-risk situations and limit access to potential | 15 |
| victims; | 16 |
| (16) take an annual polygraph exam; | 17 |
| (17) maintain a log of his or her travel; or | 18 |
| (18) obtain prior approval of his or her parole officer | 19 |
| before driving alone in a motor vehicle.
| 20 |
| (c) The conditions under which the parole or mandatory
| 21 |
| supervised release is to be served shall be communicated to
the | 22 |
| person in writing prior to his release, and he shall
sign the | 23 |
| same before release. A signed copy of these conditions,
| 24 |
| including a copy of an order of protection where one had been | 25 |
| issued by the
criminal court, shall be retained by the person | 26 |
| and another copy forwarded to
the officer in charge of his |
|
|
|
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LRB095 01003 RLC 53604 a |
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| 1 |
| supervision.
| 2 |
| (d) After a hearing under Section 3-3-9, the Prisoner
| 3 |
| Review Board may modify or enlarge the conditions of parole
or | 4 |
| mandatory supervised release.
| 5 |
| (e) The Department shall inform all offenders committed to
| 6 |
| the Department of the optional services available to them
upon | 7 |
| release and shall assist inmates in availing themselves
of such | 8 |
| optional services upon their release on a voluntary
basis. | 9 |
| (f) When the subject is in compliance with all conditions | 10 |
| of his or her parole or mandatory supervised release, the | 11 |
| subject shall receive a reduction of the period of his or her | 12 |
| parole or mandatory supervised release of 90 days upon passage | 13 |
| of the high school level Test of General Educational | 14 |
| Development during the period of his or her parole or mandatory | 15 |
| supervised release. This reduction in the period of a subject's | 16 |
| term of parole or mandatory supervised release shall be | 17 |
| available only to subjects who have not previously earned a | 18 |
| high school diploma or who have not previously passed the high | 19 |
| school level Test of General Educational Development.
| 20 |
| (g) The Board, as a condition of parole or mandatory | 21 |
| supervised release of a person paroled or released on mandatory | 22 |
| supervised release on or after January 1, 2009, shall impose a | 23 |
| fee not to exceed $15 per month of parole or mandatory | 24 |
| supervised release, unless, after determining the inability of | 25 |
| the parolee or releasee to pay the fee, the Board assesses a | 26 |
| lesser amount. The fee shall be imposed only upon an offender |
|
|
|
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LRB095 01003 RLC 53604 a |
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| 1 |
| who is actively supervised by the Department of Corrections. | 2 |
| The fee shall be collected by the parolee's or releasee's | 3 |
| supervising agent within one month after receipt and shall be | 4 |
| remitted to the State Treasurer for deposit into the | 5 |
| Ex-Offender Fund which is created in the State Treasury. Moneys | 6 |
| in the fund shall be used to provide low-interest loans for | 7 |
| ex-offenders to start-up their own businesses and to fund the | 8 |
| administrative costs of this program. | 9 |
| (A) Except as provided in clause (D), all offenders | 10 |
| placed under parole or mandatory supervised release | 11 |
| supervision of the Prisoner Review Board are required to | 12 |
| pay a parole maintenance fee not to exceed $15 per month. | 13 |
| (B) Offenders shall be notified of the parole | 14 |
| maintenance fee in the following ways: | 15 |
| (1) offenders assigned to supervision on or after | 16 |
| January 1, 2009, shall sign the revised order of Parole | 17 |
| which includes the condition requiring payment of the | 18 |
| parole maintenance fee; or | 19 |
| (2) offenders under supervision before January 1, | 20 |
| 2009, shall be issued a directive included herein, | 21 |
| requiring payment of the parole maintenance fee. | 22 |
| (C) Fees shall be collected as follows: | 23 |
| (1) offenders shall be provided instructions on | 24 |
| payment methods and procedures; | 25 |
| (2) the parole maintenance fee shall be due on the | 26 |
| first day of the first full month following placement |
|
|
|
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LRB095 01003 RLC 53604 a |
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| 1 |
| under Board supervision on parole or mandatory | 2 |
| supervised release. The fee shall be due thereafter on | 3 |
| the first working day of each month until parole is | 4 |
| terminated; | 5 |
| (3) payments shall be deemed delinquent after the | 6 |
| 15th day of the month, including the final month of | 7 |
| supervision; | 8 |
| (4) payment instructions and payment vouchers | 9 |
| shall be provided to the offender that indicate the | 10 |
| following: | 11 |
| (i) how to submit payment; | 12 |
| (ii) the completed payment voucher shall | 13 |
| accompany the payment. | 14 |
| If an offender is declared an absconder, parole | 15 |
| maintenance fees shall continue to accrue until such | 16 |
| time as the case is closed. If the case is active on or | 17 |
| after the first day of the month in which the case is | 18 |
| suspended and closed, the fee shall be assessed for | 19 |
| that month. | 20 |
| (D) An offender shall be exempted from paying parole | 21 |
| maintenance fees and may apply for a waiver under the | 22 |
| following circumstances: | 23 |
| (1) if the offender is paying child support; | 24 |
| (2) if the offender is actively seeking | 25 |
| employment, but remains unemployed. Unemployed | 26 |
| offenders capable of being gainfully employed are not |
|
|
|
09500HB2746ham003 |
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LRB095 01003 RLC 53604 a |
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| 1 |
| eligible for a waiver; | 2 |
| (3) if the offender, whose total verified income is | 3 |
| at or below the insufficient criteria, may be | 4 |
| considered for a waiver. An offender's income is | 5 |
| considered insufficient if it is at or below the amount | 6 |
| shown in the Insufficient Income Criteria chart | 7 |
| included in the Request for Waiver of Parole | 8 |
| Maintenance Fees. Income from all family members in the | 9 |
| household shall be used to calculate whether the waiver | 10 |
| is appropriate. If a person lives with his or her | 11 |
| family, the combined income of all family members shall | 12 |
| be used (non-relatives, such as housemates, shall be | 13 |
| excluded). For a waiver to be considered, the offender | 14 |
| must provide appropriate records to document household | 15 |
| income. Once the officer verifies the offender meets | 16 |
| one of the waiver criteria above, the officer shall | 17 |
| complete the Request for Waiver of Intervention Fees | 18 |
| form and submit it to the district administrator for | 19 |
| approval. If approved, waivers are valid for a maximum | 20 |
| of 90 days. The district administrator shall make the | 21 |
| waiver entry into the computer system. If the officer | 22 |
| determines the waiver should be renewed beyond that | 23 |
| point, a new request for Waiver of Parole Maintenance | 24 |
| fees form must be submitted for approval. However, at | 25 |
| any point the officer determines that the offender is | 26 |
| again capable of paying monthly intervention fees, |
|
|
|
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LRB095 01003 RLC 53604 a |
|
| 1 |
| supervisory approval is not necessary to rescind the | 2 |
| waiver. | 3 |
| (E) The following process for sanctions regarding | 4 |
| nonpayment shall be applied: | 5 |
| (1) within 10 working day of becoming aware that an | 6 |
| offender has failed to submit the parole maintenance | 7 |
| fee, the supervising officer shall contact the | 8 |
| offender in writing, by phone, or in person to remind | 9 |
| them of the payment obligation; | 10 |
| (2) the supervising officer should direct the | 11 |
| offender to specific programs or services that will | 12 |
| assist him or her in addressing his or her inability to | 13 |
| pay (i.e. financial management program, employment | 14 |
| counseling or job seeking classes, substance abuse | 15 |
| counseling, mental health counseling, etc., or a | 16 |
| combination of these); | 17 |
| (3) the supervising officer shall establish a | 18 |
| payment plan, via a written directive, with the | 19 |
| offender, to address any arrearage within a reasonable | 20 |
| time, given the offender's individual circumstances; | 21 |
| (4) should the offender become 3 months late in | 22 |
| parole maintenance fee payments, the Illinois Attorney | 23 |
| General or the State's Attorney of the county in which | 24 |
| the offender is paroled, may bring a civil action to | 25 |
| recover unpaid fees that the offender was required to | 26 |
| pay. Any amount recovered in the civil action shall be |
|
|
|
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LRB095 01003 RLC 53604 a |
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| paid into the Ex-Offender Fund. | 2 |
| Rulemaking authority to implement this amendatory Act of | 3 |
| the 95th General Assembly, if any, is conditioned on the rules | 4 |
| being adopted in accordance with all provisions of the Illinois | 5 |
| Administrative Procedure Act and all rules and procedures of | 6 |
| the Joint Committee on Administrative Rules; any purported rule | 7 |
| not so adopted, for whatever reason, is unauthorized. | 8 |
| (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | 9 |
| 94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; | 10 |
| 95-579, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; | 11 |
| 95-876, eff. 8-21-08; 95-983, eff. 6-1-09; revised 10-20-08.) | 12 |
| Section 95. No acceleration or delay. Where this Act makes | 13 |
| changes in a statute that is represented in this Act by text | 14 |
| that is not yet or no longer in effect (for example, a Section | 15 |
| represented by multiple versions), the use of that text does | 16 |
| not accelerate or delay the taking effect of (i) the changes | 17 |
| made by this Act or (ii) provisions derived from any other | 18 |
| Public Act.
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| Section 99. Effective date. This Act takes effect January | 20 |
| 1, 2009.".
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