Illinois General Assembly - Full Text of HB2748
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Full Text of HB2748  95th General Assembly


Rep. Constance A. Howard

Filed: 4/15/2008





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2     AMENDMENT NO. ______. Amend House Bill 2748 by replacing
3 everything after the enacting clause with the following:
4     "Section 5. The Unified Code of Corrections is amended by
5 changing Section 3-14-2 as follows:
6     (730 ILCS 5/3-14-2)  (from Ch. 38, par. 1003-14-2)
7     Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
8 Release and Release by Statute.
9     (a) The Department shall retain custody of all persons
10 placed on parole or mandatory supervised release or released
11 pursuant to Section 3-3-10 of this Code and shall supervise
12 such persons during their parole or release period in accord
13 with the conditions set by the Prisoner Review Board. Such
14 conditions shall include referral to an alcohol or drug abuse
15 treatment program, as appropriate, if such person has
16 previously been identified as having an alcohol or drug abuse



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1 problem. Such conditions may include that the person use an
2 approved electronic monitoring device subject to Article 8A of
3 Chapter V.
4     (b) The Department shall assign personnel to assist persons
5 eligible for parole in preparing a parole plan. Such Department
6 personnel shall make a report of their efforts and findings to
7 the Prisoner Review Board prior to its consideration of the
8 case of such eligible person.
9     (c) A copy of the conditions of his parole or release shall
10 be signed by the parolee or releasee and given to him and to
11 his supervising officer who shall report on his progress under
12 the rules and regulations of the Prisoner Review Board. The
13 supervising officer shall report violations to the Prisoner
14 Review Board and shall have the full power of peace officers in
15 the arrest and retaking of any parolees or releasees or the
16 officer may request the Department to issue a warrant for the
17 arrest of any parolee or releasee who has allegedly violated
18 his parole or release conditions.
19      (c-1) The supervising officer shall request the Department
20 to issue a parole violation warrant, and the Department shall
21 issue a parole violation warrant, under the following
22 circumstances:
23         (1) If the parolee or releasee commits an act that
24     constitutes a felony using a firearm or knife, or,
25         (2) if applicable, fails to comply with the
26     requirements of the Sex Offender Registration Act, or



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1         (3) if the parolee or releasee is charged with:
2             (A) domestic battery under Section 12-3.2 of the
3         Criminal Code of 1961,
4             (B) aggravated domestic battery under Section
5         12-3.3 of the Criminal Code of 1961,
6             (C) stalking under Section 12-7.3 of the Criminal
7         Code of 1961,
8             (D) aggravated stalking under Section 12-7.4 of
9         the Criminal Code of 1961,
10             (E) violation of an order of protection under
11         Section 12-30 of the Criminal Code of 1961, or
12             (F) any offense that would require registration as
13         a sex offender under the Sex Offender Registration Act.
14         the officer shall request the Department to issue a
15     warrant and the Department shall issue the warrant and the
16     officer or the Department shall file a violation report
17     with notice of charges with the Prisoner Review Board. A
18     sheriff or other peace officer may detain an alleged parole
19     or release violator until a warrant for his return to the
20     Department can be issued. The parolee or releasee may be
21     delivered to any secure place until he can be transported
22     to the Department. The officer or the Department shall file
23     a violation report with notice of charges with the Prisoner
24     Review Board.
25     (d) The supervising officer shall regularly advise and
26 consult with the parolee or releasee, assist him in adjusting



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1 to community life, inform him of the restoration of his rights
2 on successful completion of sentence under Section 5-5-5. If
3 the parolee or releasee has been convicted of a sex offense as
4 defined in the Sex Offender Management Board Act, the
5 supervising officer shall periodically, but not less than once
6 a month, verify that the parolee or releasee is in compliance
7 with paragraph (7.6) of subsection (a) of Section 3-3-7.
8     (e) Supervising officers shall receive specialized
9 training in the special needs of female releasees or parolees
10 including the family reunification process.
11     (f) The supervising officer shall keep such records as the
12 Prisoner Review Board or Department may require. All records
13 shall be entered in the master file of the individual.
14 (Source: P.A. 93-979, eff. 8-20-04; 94-161, eff. 7-11-05.)".