Full Text of SB0288 95th General Assembly
SB0288sam001 95TH GENERAL ASSEMBLY
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Sen. Bill Brady
Filed: 3/12/2007
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09500SB0288sam001 |
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LRB095 07004 RLC 33272 a |
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| AMENDMENT TO SENATE BILL 288
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| AMENDMENT NO. ______. Amend Senate Bill 288 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Criminal Code of 1961 is amended by | 5 |
| changing Sections 11-19.2, 12-13, and 12-14.1 as follows:
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| (720 ILCS 5/11-19.2) (from Ch. 38, par. 11-19.2)
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| Sec. 11-19.2. Exploitation of a child.
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| (A) A person commits exploitation
of a child when he or she | 9 |
| confines a child under the age of 16 or a severely or | 10 |
| profoundly mentally retarded person against his
or her will by | 11 |
| the infliction or threat of imminent infliction of great
bodily | 12 |
| harm, permanent disability or disfigurement or by | 13 |
| administering to
the child or severely or profoundly mentally
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| retarded person without his or her consent or by threat or | 15 |
| deception and for
other
than medical purposes, any alcoholic | 16 |
| intoxicant or a drug as defined in
the Illinois Controlled |
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| Substances Act or the Cannabis Control Act or methamphetamine | 2 |
| as defined in the Methamphetamine Control and Community | 3 |
| Protection Act and:
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| (1) compels the child or severely or profoundly
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| mentally retarded person to become a prostitute; or
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| (2) arranges a situation in which the child or
severely | 7 |
| or profoundly mentally retarded person may practice | 8 |
| prostitution; or
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| (3) receives any money, property, token, object, or | 10 |
| article or
anything of
value from the child or severely or | 11 |
| profoundly mentally retarded person knowing
it was | 12 |
| obtained
in whole or in part from the practice of | 13 |
| prostitution.
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| (B) For purposes of this Section, administering drugs, as | 15 |
| defined in
subsection
(A), or an alcoholic intoxicant to a | 16 |
| child under the age of 13 or a severely or profoundly mentally | 17 |
| retarded person shall be
deemed to be without consent if such | 18 |
| administering is done without the consent
of the parents or | 19 |
| legal guardian.
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| (C) Exploitation of a child is a Class X felony for which | 21 |
| the person shall be sentenced to a
term of imprisonment of not | 22 |
| less than 30 years and not more than 60 years .
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| (D) Any person convicted under this Section is subject to | 24 |
| the
forfeiture provisions of Section 11-20.1A of this Act.
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| (Source: P.A. 94-556, eff. 9-11-05.)
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| (720 ILCS 5/12-13) (from Ch. 38, par. 12-13)
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| Sec. 12-13. Criminal Sexual Assault.
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| (a) The accused commits criminal sexual assault if he or | 4 |
| she:
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| (1) commits an act of sexual penetration by the use of | 6 |
| force or threat of
force; or
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| (2) commits an act of sexual penetration and the | 8 |
| accused knew that the
victim was unable to understand the | 9 |
| nature of the act or was unable to give
knowing consent; or
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| (3) commits an act of sexual penetration with a victim | 11 |
| who was under 18
years of age when the act was committed | 12 |
| and the accused was a family
member; or
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| (4) commits an act of sexual penetration with a victim | 14 |
| who was at
least 13 years of age but under 18 years of age | 15 |
| when the act was committed
and the accused was 17 years of | 16 |
| age or over and held a position of trust,
authority or | 17 |
| supervision in relation to the victim.
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| (b) Sentence.
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| (1) Criminal sexual assault is a Class 1 felony.
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| (2) Except as otherwise provided in paragraph (3) of | 21 |
| this subsection (b), a
A person who is convicted of the | 22 |
| offense of criminal sexual assault as
defined in paragraph | 23 |
| (a)(1) or (a)(2) after having previously been convicted of
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| a sex offense as defined in Section 2 of the Sex Offender | 25 |
| Registration Act
the offense of criminal sexual assault, or | 26 |
| who is convicted of the offense of
criminal sexual assault |
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| as defined in paragraph (a)(1) or (a)(2) after having
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| previously been convicted under the laws of this State or | 3 |
| any other state of an
offense that is substantially | 4 |
| equivalent to the offense of criminal sexual
assault , | 5 |
| commits a Class X felony for which the person shall be | 6 |
| sentenced to a
term of imprisonment of not less than 30 | 7 |
| years and not more than 60 years. The
commission of the | 8 |
| second or subsequent offense is required to have been after
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| the initial conviction for this paragraph (2) to apply.
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| (3) A person who is convicted of the offense of | 11 |
| criminal sexual assault as
defined in paragraph (a)(1) or | 12 |
| (a)(2) after having previously been convicted of
the | 13 |
| offense of aggravated criminal sexual assault or the | 14 |
| offense of predatory
criminal sexual assault of a child, or | 15 |
| who is convicted of the offense of
criminal sexual assault | 16 |
| as defined in paragraph (a)(1) or (a)(2) after having
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| previously been convicted under the laws of this State or | 18 |
| any other state of an
offense that is substantially | 19 |
| equivalent to the offense of aggravated criminal
sexual | 20 |
| assault or the offense of criminal predatory sexual assault | 21 |
| shall be
sentenced to a term of natural life imprisonment. | 22 |
| The commission of the second
or subsequent offense is | 23 |
| required to have been after the initial conviction for
this | 24 |
| paragraph (3) to apply.
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| (4) A second or subsequent conviction for a violation | 26 |
| of paragraph
(a)(3) or (a)(4) or under any similar statute |
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| of this State
or any other state for any offense involving | 2 |
| criminal sexual assault that is
substantially equivalent | 3 |
| to or more serious than the sexual assault prohibited
under | 4 |
| paragraph (a)(3) or (a)(4) is a Class X felony.
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| (5) When a person has any such prior conviction, the | 6 |
| information or
indictment charging that person shall state | 7 |
| such prior conviction so as to give
notice of the State's | 8 |
| intention to treat the charge as a Class X felony. The
fact | 9 |
| of such prior conviction is not an element of the offense | 10 |
| and may not be
disclosed to the jury during trial unless | 11 |
| otherwise permitted by issues
properly raised during such | 12 |
| trial.
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| (Source: P.A. 90-396, eff. 1-1-98.)
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| (720 ILCS 5/12-14.1)
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| Sec. 12-14.1. Predatory criminal sexual assault of a child.
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| (a) The accused commits predatory criminal sexual assault | 17 |
| of a
child if:
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| (1) the accused was 17 years of age or over and commits | 19 |
| an act of sexual
penetration with a victim who was under 13 | 20 |
| years of age when the act was
committed; or
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| (1.1) the accused was 17 years of age or over and, | 22 |
| while armed with a
firearm, commits an act of sexual | 23 |
| penetration with a victim who was under 13
years of age | 24 |
| when the act was committed; or
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| (1.2) the accused was 17 years of age or over and |
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| commits an act of sexual
penetration with a victim who was | 2 |
| under 13 years of age when the act was
committed and, | 3 |
| during the commission of the offense, the accused | 4 |
| personally
discharged a firearm; or
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| (2) the accused was 17 years of age or over and commits | 6 |
| an act
of sexual
penetration with a victim who was under 13 | 7 |
| years of age when the act was
committed and the accused | 8 |
| caused great bodily harm to the victim that:
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| (A) resulted in permanent disability; or
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| (B) was life threatening; or
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| (3) the accused was 17 years of age or over and commits | 12 |
| an act of
sexual penetration with a victim who was under 13 | 13 |
| years of age when the act was
committed and the accused | 14 |
| delivered (by injection, inhalation, ingestion,
transfer | 15 |
| of possession, or any other means) to the victim without | 16 |
| his or her
consent, or by threat or deception,
and for | 17 |
| other than medical
purposes, any
controlled substance.
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| (b) Sentence.
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| (1) A person convicted of a violation of subsection | 20 |
| (a)(1)
commits a Class X felony for which the person shall | 21 |
| be sentenced to a
term of imprisonment of not less than 30 | 22 |
| years and not more than 60 years .
A person convicted of a | 23 |
| violation of subsection (a)(1.1) commits a Class X
felony | 24 |
| for which 15 years shall be added to the term of | 25 |
| imprisonment imposed by
the court. A person convicted of a | 26 |
| violation of subsection (a)(1.2) commits a
Class X felony |
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| for which 20 years shall be added to the term of | 2 |
| imprisonment
imposed by the court. A person convicted of a | 3 |
| violation of subsection (a)(2)
commits a Class X felony for | 4 |
| which the person shall be sentenced to a term of
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| imprisonment of not less than 50 years or up to a term of | 6 |
| natural life
imprisonment.
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| (1.1) A person convicted of a violation of subsection | 8 |
| (a)(3) commits a
Class X felony for which the person
shall | 9 |
| be
sentenced to a
term of imprisonment of not less than 50 | 10 |
| years and not more than 60 years.
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| (1.2) A person convicted of predatory criminal sexual | 12 |
| assault of a child
committed
against 2 or more persons | 13 |
| regardless of whether the offenses occurred as the
result | 14 |
| of the same act or of several related or unrelated acts | 15 |
| shall be
sentenced to a term of natural life imprisonment.
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| (2) A person who is convicted of a second or subsequent | 17 |
| offense of
predatory criminal sexual assault of a child, or | 18 |
| who is convicted of the
offense of
predatory criminal | 19 |
| sexual assault of a child after having previously been
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| convicted of the offense of criminal sexual assault or the | 21 |
| offense of
aggravated criminal sexual assault, or who is | 22 |
| convicted of the offense of
predatory criminal sexual | 23 |
| assault of a child after having previously been
convicted | 24 |
| under the laws of this State
or any other state of an | 25 |
| offense that is substantially equivalent to the
offense
of | 26 |
| predatory criminal sexual assault of a child, the offense |
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| of aggravated
criminal sexual assault or the offense of | 2 |
| criminal sexual assault, shall be
sentenced to a term of | 3 |
| natural life imprisonment.
The commission of the second or | 4 |
| subsequent offense is required to have been
after the | 5 |
| initial conviction for this paragraph (2) to apply.
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| (Source: P.A. 91-238, eff. 1-1-00;
91-404, eff. 1-1-00; 92-16, | 7 |
| eff. 6-28-01.)
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| Section 10. The Unified Code of Corrections is amended by | 9 |
| changing Sections 3-3-7, 3-6-3, and 5-8A-6 and by adding | 10 |
| Section 3-19-15 as follows: | 11 |
| (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | 12 |
| Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | 13 |
| Release.
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| (a) The conditions of parole or mandatory
supervised | 15 |
| release shall be such as the Prisoner Review
Board deems | 16 |
| necessary to assist the subject in leading a
law-abiding life. | 17 |
| The conditions of every parole and mandatory
supervised release | 18 |
| are that the subject:
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| (1) not violate any criminal statute of any | 20 |
| jurisdiction
during the parole or release term;
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| (2) refrain from possessing a firearm or other | 22 |
| dangerous
weapon;
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| (3) report to an agent of the Department of | 24 |
| Corrections;
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| (4) permit the agent to visit him or her at his or her | 2 |
| home, employment,
or
elsewhere to the
extent necessary for | 3 |
| the agent to discharge his or her duties;
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| (5) attend or reside in a facility established for the | 5 |
| instruction or
residence
of persons on
parole or mandatory | 6 |
| supervised release;
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| (6) secure permission before visiting or writing a | 8 |
| committed person in an
Illinois Department
of Corrections | 9 |
| facility;
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| (7) report all arrests to an agent of the Department of | 11 |
| Corrections as
soon as
permitted by the
arresting authority | 12 |
| but in no event later than 24 hours after release from
| 13 |
| custody;
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| (7.5) if convicted of a sex offense as defined in the | 15 |
| Sex Offender
Management Board Act, the individual shall | 16 |
| undergo and successfully complete
sex offender treatment | 17 |
| conducted in conformance with the standards developed by
| 18 |
| the Sex
Offender Management Board Act by a treatment | 19 |
| provider approved by the Board;
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| (7.6) if convicted of a sex offense as defined in the | 21 |
| Sex Offender
Management Board Act, refrain from residing at | 22 |
| the same address or in the same condominium unit or | 23 |
| apartment unit or in the same condominium complex or | 24 |
| apartment complex with another person he or she knows or | 25 |
| reasonably should know is a convicted sex offender or has | 26 |
| been placed on supervision for a sex offense; the |
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| provisions of this paragraph do not apply to a person | 2 |
| convicted of a sex offense who is placed in a Department of | 3 |
| Corrections licensed transitional housing facility for sex | 4 |
| offenders, or is in any facility operated or licensed by | 5 |
| the Department of Children and Family Services or by the | 6 |
| Department of Human Services, or is in any licensed medical | 7 |
| facility;
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| (7.7) if convicted for an offense that would qualify | 9 |
| the accused as a sexual predator under the Sex Offender | 10 |
| Registration Act on or after the effective date of this | 11 |
| amendatory Act of the 94th General Assembly, wear an | 12 |
| approved electronic monitoring device as defined in | 13 |
| Section 5-8A-2 for the duration of the person's parole, | 14 |
| mandatory supervised release term, or extended mandatory | 15 |
| supervised release term , provided funding is appropriated | 16 |
| by the General Assembly ;
| 17 |
| (8) obtain permission of an agent of the Department of | 18 |
| Corrections before
leaving the
State of Illinois;
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| (9) obtain permission of an agent of the Department of | 20 |
| Corrections before
changing
his or her residence or | 21 |
| employment;
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| (10) consent to a search of his or her person, | 23 |
| property, or residence
under his or her
control;
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| (11) refrain from the use or possession of narcotics or | 25 |
| other controlled
substances in
any form, or both, or any | 26 |
| paraphernalia related to those substances and submit
to a
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| urinalysis test as instructed by a parole agent of the | 2 |
| Department of
Corrections;
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| (12) not frequent places where controlled substances | 4 |
| are illegally sold,
used,
distributed, or administered;
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| (13) not knowingly associate with other persons on | 6 |
| parole or mandatory
supervised
release without prior | 7 |
| written permission of his or her parole agent and not
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| associate with
persons who are members of an organized gang | 9 |
| as that term is defined in the
Illinois
Streetgang | 10 |
| Terrorism Omnibus Prevention Act;
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| (14) provide true and accurate information, as it | 12 |
| relates to his or her
adjustment in the
community while on | 13 |
| parole or mandatory supervised release or to his or her
| 14 |
| conduct
while incarcerated, in response to inquiries by his | 15 |
| or her parole agent or of
the
Department of Corrections;
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| (15) follow any specific instructions provided by the | 17 |
| parole agent that
are consistent
with furthering | 18 |
| conditions set and approved by the Prisoner Review Board or | 19 |
| by
law,
exclusive of placement on electronic detention, to | 20 |
| achieve the goals and
objectives of his
or her parole or | 21 |
| mandatory supervised release or to protect the public. | 22 |
| These
instructions by the parole agent may be modified at | 23 |
| any time, as the agent
deems
appropriate; and
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| (16) if convicted of a sex offense as defined in | 25 |
| subsection (a-5) of Section 3-1-2 of this Code, unless the | 26 |
| offender is a parent or guardian of the person under 18 |
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| years of age present in the home and no non-familial minors | 2 |
| are present, not participate in a holiday event involving | 3 |
| children under 18 years of age, such as distributing candy | 4 |
| or other items to children on Halloween, wearing a Santa | 5 |
| Claus costume on or preceding Christmas, being employed as | 6 |
| a department store Santa Claus, or wearing an Easter Bunny | 7 |
| costume on or preceding Easter. | 8 |
| (b) The Board may in addition to other conditions
require | 9 |
| that the subject:
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| (1) work or pursue a course of study or vocational | 11 |
| training;
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| (2) undergo medical or psychiatric treatment, or | 13 |
| treatment
for drug addiction or alcoholism;
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| (3) attend or reside in a facility established for the
| 15 |
| 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 | 20 |
| protection
issued pursuant to the Illinois Domestic | 21 |
| Violence Act of 1986, enacted by the
84th General Assembly, | 22 |
| or an order of protection issued by the court of another
| 23 |
| state, tribe, or United States territory; and
| 24 |
| (8) in addition, if a minor:
| 25 |
| (i) reside with his parents or in a foster home;
| 26 |
| (ii) attend school;
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| (iii) attend a non-residential program for youth; | 2 |
| or
| 3 |
| (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;
| 14 |
| (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
| 9 |
| 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 |
| (c) The conditions under which the parole or mandatory
| 20 |
| supervised release is to be served shall be communicated to
the | 21 |
| person in writing prior to his release, and he shall
sign the | 22 |
| same before release. A signed copy of these conditions,
| 23 |
| including a copy of an order of protection where one had been | 24 |
| issued by the
criminal court, shall be retained by the person | 25 |
| and another copy forwarded to
the officer in charge of his | 26 |
| supervision.
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| (d) After a hearing under Section 3-3-9, the Prisoner
| 2 |
| Review Board may modify or enlarge the conditions of parole
or | 3 |
| mandatory supervised release.
| 4 |
| (e) The Department shall inform all offenders committed to
| 5 |
| the Department of the optional services available to them
upon | 6 |
| release and shall assist inmates in availing themselves
of such | 7 |
| optional services upon their release on a voluntary
basis.
| 8 |
| (Source: P.A. 93-616, eff. 1-1-04; 93-865, eff. 1-1-05; 94-159, | 9 |
| eff. 7-11-05; 94-161, eff. 7-11-05; 94-988, eff. 1-1-07.)
| 10 |
| (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| 11 |
| Sec. 3-6-3. Rules and Regulations for Early Release.
| 12 |
| (a) (1) The Department of Corrections shall prescribe | 13 |
| rules
and regulations for the early release on account of | 14 |
| good
conduct of persons committed to the Department which | 15 |
| shall
be subject to review by the Prisoner Review Board.
| 16 |
| (2) The rules and regulations on early release shall | 17 |
| provide, with
respect to offenses listed in clause (i), | 18 |
| (ii), or (iii) of this paragraph (2) committed on or after | 19 |
| June 19, 1998 or with respect to the offense listed in | 20 |
| clause (iv) of this paragraph (2) committed on or after | 21 |
| June 23, 2005 (the effective date of Public Act 94-71) or | 22 |
| with respect to the offense of being an armed habitual | 23 |
| criminal committed on or after August 2, 2005 (the | 24 |
| effective date of Public Act 94-398), the following:
| 25 |
| (i) that a prisoner who is serving a term of |
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| imprisonment for first
degree murder or for the offense | 2 |
| of terrorism shall receive no good conduct
credit and | 3 |
| shall serve the entire
sentence imposed by the court;
| 4 |
| (ii) that a prisoner serving a sentence for attempt | 5 |
| to commit first
degree murder, solicitation of murder, | 6 |
| solicitation of murder for hire,
intentional homicide | 7 |
| of an unborn child, predatory criminal sexual assault | 8 |
| of a
child, aggravated criminal sexual assault, | 9 |
| criminal sexual assault, aggravated
kidnapping, | 10 |
| aggravated battery with a firearm, heinous battery, | 11 |
| being an armed habitual criminal, aggravated
battery | 12 |
| of a senior citizen, or aggravated battery of a child | 13 |
| shall receive no
more than 4.5 days of good conduct | 14 |
| credit for each month of his or her sentence
of | 15 |
| imprisonment;
| 16 |
| (iii) that a prisoner serving a sentence
for home | 17 |
| invasion, armed robbery, aggravated vehicular | 18 |
| hijacking,
aggravated discharge of a firearm, or armed | 19 |
| violence with a category I weapon
or category II | 20 |
| weapon, when the court
has made and entered a finding, | 21 |
| pursuant to subsection (c-1) of Section 5-4-1
of this | 22 |
| Code, that the conduct leading to conviction for the | 23 |
| enumerated offense
resulted in great bodily harm to a | 24 |
| victim, shall receive no more than 4.5 days
of good | 25 |
| conduct credit for each month of his or her sentence of | 26 |
| imprisonment; and
|
|
|
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| 1 |
| (iv) that a prisoner serving a sentence for | 2 |
| aggravated discharge of a firearm, whether or not the | 3 |
| conduct leading to conviction for the offense resulted | 4 |
| in great bodily harm to the victim, shall receive no | 5 |
| more than 4.5 days of good conduct credit for each | 6 |
| month of his or her sentence of imprisonment.
| 7 |
| (2.1) For all offenses, other than those enumerated in | 8 |
| subdivision (a)(2)(i), (ii), or (iii)
committed on or after | 9 |
| June 19, 1998 or subdivision (a)(2)(iv) committed on or | 10 |
| after June 23, 2005 (the effective date of Public Act | 11 |
| 94-71), and other than the offense of reckless
homicide as | 12 |
| defined in subsection (e) of Section 9-3 of the Criminal | 13 |
| Code of
1961 committed on or after January 1, 1999,
or | 14 |
| aggravated driving under the influence of alcohol, other | 15 |
| drug or drugs, or
intoxicating compound or compounds, or | 16 |
| any combination thereof as defined in
subparagraph (F) of | 17 |
| paragraph (1) of subsection (d) of Section 11-501 of the
| 18 |
| Illinois Vehicle Code,
the rules and regulations shall
| 19 |
| provide that a prisoner who is serving a term of
| 20 |
| imprisonment shall receive one day of good conduct credit | 21 |
| for each day of
his or her sentence of imprisonment or | 22 |
| recommitment under Section 3-3-9.
Each day of good conduct | 23 |
| credit shall reduce by one day the prisoner's period
of | 24 |
| imprisonment or recommitment under Section 3-3-9.
| 25 |
| (2.2) A prisoner serving a term of natural life | 26 |
| imprisonment or a
prisoner who has been sentenced to death |
|
|
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| 1 |
| shall receive no good conduct
credit.
| 2 |
| (2.3) The rules and regulations on early release shall | 3 |
| provide that
a prisoner who is serving a sentence for | 4 |
| reckless homicide as defined in
subsection (e) of Section | 5 |
| 9-3 of the Criminal Code of 1961 committed on or
after | 6 |
| January 1, 1999, or aggravated driving under the influence | 7 |
| of alcohol,
other drug or drugs, or intoxicating compound | 8 |
| or compounds, or any combination
thereof as defined in | 9 |
| subparagraph (F) of paragraph (1) of subsection (d) of
| 10 |
| Section 11-501 of the Illinois Vehicle Code, shall receive | 11 |
| no more than 4.5
days of good conduct credit for each month | 12 |
| of his or her sentence of
imprisonment.
| 13 |
| (2.4) The rules and regulations on early release shall | 14 |
| provide with
respect to the offenses of aggravated battery | 15 |
| with a machine gun or a firearm
equipped with any device or | 16 |
| attachment designed or used for silencing the
report of a | 17 |
| firearm or aggravated discharge of a machine gun or a | 18 |
| firearm
equipped with any device or attachment designed or | 19 |
| used for silencing the
report of a firearm, committed on or | 20 |
| after
July 15, 1999 (the effective date of Public Act | 21 |
| 91-121),
that a prisoner serving a sentence for any of | 22 |
| these offenses shall receive no
more than 4.5 days of good | 23 |
| conduct credit for each month of his or her sentence
of | 24 |
| imprisonment.
| 25 |
| (2.5) The rules and regulations on early release shall | 26 |
| provide that a
prisoner who is serving a sentence for |
|
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| 1 |
| aggravated arson committed on or after
July 27, 2001 (the | 2 |
| effective date of Public Act 92-176) shall receive no more | 3 |
| than
4.5 days of good conduct credit for each month of his | 4 |
| or her sentence of
imprisonment.
| 5 |
| (3) The rules and regulations shall also provide that
| 6 |
| the Director may award up to 180 days additional good | 7 |
| conduct
credit for meritorious service in specific | 8 |
| instances as the
Director deems proper; except that no more | 9 |
| than 90 days
of good conduct credit for meritorious service
| 10 |
| shall be awarded to any prisoner who is serving a sentence | 11 |
| for
conviction of first degree murder, reckless homicide | 12 |
| while under the
influence of alcohol or any other drug,
or | 13 |
| aggravated driving under the influence of alcohol, other | 14 |
| drug or drugs, or
intoxicating compound or compounds, or | 15 |
| any combination thereof as defined in
subparagraph (F) of | 16 |
| paragraph (1) of subsection (d) of Section 11-501 of the
| 17 |
| Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| 18 |
| predatory criminal sexual assault of a child,
aggravated | 19 |
| criminal sexual assault, criminal sexual assault, deviate | 20 |
| sexual
assault, aggravated criminal sexual abuse, | 21 |
| aggravated indecent liberties
with a child, indecent | 22 |
| liberties with a child, child pornography, heinous
| 23 |
| battery, aggravated battery of a spouse, aggravated | 24 |
| battery of a spouse
with a firearm, stalking, aggravated | 25 |
| stalking, aggravated battery of a child,
endangering the | 26 |
| life or health of a child, cruelty to a child, or narcotic
|
|
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| racketeering. Notwithstanding the foregoing, good conduct | 2 |
| credit for
meritorious service shall not be awarded on a
| 3 |
| sentence of imprisonment imposed for conviction of: (i) one | 4 |
| of the offenses
enumerated in subdivision (a)(2)(i), (ii), | 5 |
| or (iii) when the offense is committed on or after
June 19, | 6 |
| 1998 or subdivision (a)(2)(iv) when the offense is | 7 |
| committed on or after June 23, 2005 (the effective date of | 8 |
| Public Act 94-71), (ii) reckless homicide as
defined in | 9 |
| subsection (e) of Section 9-3 of the Criminal Code of 1961 | 10 |
| when
the offense is committed on or after January 1, 1999,
| 11 |
| or aggravated driving under the influence of alcohol, other | 12 |
| drug or drugs, or
intoxicating compound or compounds, or | 13 |
| any combination thereof as defined in
subparagraph (F) of | 14 |
| paragraph (1) of subsection (d) of Section 11-501 of the
| 15 |
| Illinois Vehicle Code, (iii) one of the offenses enumerated | 16 |
| in subdivision
(a)(2.4) when the offense is committed on or | 17 |
| after
July 15, 1999 (the effective date of Public Act | 18 |
| 91-121),
or (iv) aggravated arson when the offense is | 19 |
| committed
on or after July 27, 2001 (the effective date of | 20 |
| Public Act 92-176).
| 21 |
| (4) The rules and regulations shall also provide that | 22 |
| the good conduct
credit accumulated and retained under | 23 |
| paragraph (2.1) of subsection (a) of
this Section by any | 24 |
| inmate during specific periods of time in which such
inmate | 25 |
| is engaged full-time in substance abuse programs, | 26 |
| correctional
industry assignments, or educational programs |
|
|
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| 1 |
| provided by the Department
under this paragraph (4) and | 2 |
| satisfactorily completes the assigned program as
| 3 |
| determined by the standards of the Department, shall be | 4 |
| multiplied by a factor
of 1.25 for program participation | 5 |
| before August 11, 1993
and 1.50 for program participation | 6 |
| on or after that date.
However, no inmate shall be eligible | 7 |
| for the additional good conduct credit
under this paragraph | 8 |
| (4) or (4.1) of this subsection (a) while assigned to a | 9 |
| boot camp
or electronic detention, or if convicted of an | 10 |
| offense enumerated in
subdivision (a)(2)(i), (ii), or | 11 |
| (iii) of this Section that is committed on or after June | 12 |
| 19,
1998 or subdivision (a)(2)(iv) of this Section that is | 13 |
| committed on or after June 23, 2005 (the effective date of | 14 |
| Public Act 94-71), or if convicted of reckless homicide as | 15 |
| defined in subsection (e) of
Section 9-3 of the Criminal | 16 |
| Code of 1961 if the offense is committed on or
after | 17 |
| January 1, 1999,
or aggravated driving under the influence | 18 |
| of alcohol, other drug or drugs, or
intoxicating compound | 19 |
| or compounds, or any combination thereof as defined in
| 20 |
| subparagraph (F) of paragraph (1) of subsection (d) of | 21 |
| Section 11-501 of the
Illinois Vehicle Code, or if | 22 |
| convicted of an offense enumerated in paragraph
(a)(2.4) of | 23 |
| this Section that is committed on or after
July 15, 1999 | 24 |
| (the effective date of Public Act 91-121),
or first degree | 25 |
| murder, a Class X felony, criminal sexual
assault, felony | 26 |
| criminal sexual abuse, aggravated criminal sexual abuse,
|
|
|
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| 1 |
| aggravated battery with a firearm, or any predecessor or | 2 |
| successor offenses
with the same or substantially the same | 3 |
| elements, or any inchoate offenses
relating to the | 4 |
| foregoing offenses. No inmate shall be eligible for the
| 5 |
| additional good conduct credit under this paragraph (4) who | 6 |
| (i) has previously
received increased good conduct credit | 7 |
| under this paragraph (4) and has
subsequently been | 8 |
| convicted of a
felony, or (ii) has previously served more | 9 |
| than one prior sentence of
imprisonment for a felony in an | 10 |
| adult correctional facility.
| 11 |
| Educational, vocational, substance abuse and | 12 |
| correctional
industry programs under which good conduct | 13 |
| credit may be increased under
this paragraph (4) and | 14 |
| paragraph (4.1) of this subsection (a) shall be evaluated | 15 |
| by the Department on the basis of
documented standards. The | 16 |
| Department shall report the results of these
evaluations to | 17 |
| the Governor and the General Assembly by September 30th of | 18 |
| each
year. The reports shall include data relating to the | 19 |
| recidivism rate among
program participants.
| 20 |
| Availability of these programs shall be subject to the
| 21 |
| limits of fiscal resources appropriated by the General | 22 |
| Assembly for these
purposes. Eligible inmates who are | 23 |
| denied immediate admission shall be
placed on a waiting | 24 |
| list under criteria established by the Department.
The | 25 |
| inability of any inmate to become engaged in any such | 26 |
| programs
by reason of insufficient program resources or for |
|
|
|
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| 1 |
| any other reason
established under the rules and | 2 |
| regulations of the Department shall not be
deemed a cause | 3 |
| of action under which the Department or any employee or
| 4 |
| agent of the Department shall be liable for damages to the | 5 |
| inmate.
| 6 |
| (4.1) The rules and regulations shall also provide that | 7 |
| an additional 60 days of good conduct credit shall be | 8 |
| awarded to any prisoner who passes the high school level | 9 |
| Test of General Educational Development (GED) while the | 10 |
| prisoner is incarcerated. The good conduct credit awarded | 11 |
| under this paragraph (4.1) shall be in addition to, and | 12 |
| shall not affect, the award of good conduct under any other | 13 |
| paragraph of this Section, but shall also be pursuant to | 14 |
| the guidelines and restrictions set forth in paragraph (4) | 15 |
| of subsection (a) of this Section.
The good conduct credit | 16 |
| provided for in this paragraph shall be available only to | 17 |
| those prisoners who have not previously earned a high | 18 |
| school diploma or a GED. If, after an award of the GED good | 19 |
| conduct credit has been made and the Department determines | 20 |
| that the prisoner was not eligible, then the award shall be | 21 |
| revoked.
| 22 |
| (4.5) The rules and regulations on early release shall | 23 |
| also provide that
when the court's sentencing order | 24 |
| recommends a prisoner for substance abuse treatment and the
| 25 |
| crime was committed on or after September 1, 2003 (the | 26 |
| effective date of
Public Act 93-354), the prisoner shall |
|
|
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LRB095 07004 RLC 33272 a |
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| 1 |
| receive no good conduct credit awarded under clause (3) of | 2 |
| this subsection (a) unless he or she participates in and
| 3 |
| completes a substance abuse treatment program. The | 4 |
| Director may waive the requirement to participate in or | 5 |
| complete a substance abuse treatment program and award the | 6 |
| good conduct credit in specific instances if the prisoner | 7 |
| is not a good candidate for a substance abuse treatment | 8 |
| program for medical, programming, or operational reasons. | 9 |
| Availability of
substance abuse treatment shall be subject | 10 |
| to the limits of fiscal resources
appropriated by the | 11 |
| General Assembly for these purposes. If treatment is not
| 12 |
| available and the requirement to participate and complete | 13 |
| the treatment has not been waived by the Director, the | 14 |
| prisoner shall be placed on a waiting list under criteria
| 15 |
| established by the Department. The Director may allow a | 16 |
| prisoner placed on
a waiting list to participate in and | 17 |
| complete a substance abuse education class or attend | 18 |
| substance
abuse self-help meetings in lieu of a substance | 19 |
| abuse treatment program. A prisoner on a waiting list who | 20 |
| is not placed in a substance abuse program prior to release | 21 |
| may be eligible for a waiver and receive good conduct | 22 |
| credit under clause (3) of this subsection (a) at the | 23 |
| discretion of the Director.
| 24 |
| (4.6) The rules and regulations on early release shall | 25 |
| also provide that a prisoner who has been convicted of a | 26 |
| sex offense as defined in Section 2 of the Sex Offender |
|
|
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LRB095 07004 RLC 33272 a |
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| Registration Act shall receive no good conduct credit until | 2 |
| he or she has successfully completed sex offender | 3 |
| counseling.
| 4 |
| (5) Whenever the Department is to release any inmate | 5 |
| earlier than it
otherwise would because of a grant of good | 6 |
| conduct credit for meritorious
service given at any time | 7 |
| during the term, the Department shall give
reasonable | 8 |
| advance notice of the impending release to the State's
| 9 |
| Attorney of the county where the prosecution of the inmate | 10 |
| took place.
| 11 |
| (b) Whenever a person is or has been committed under
| 12 |
| several convictions, with separate sentences, the sentences
| 13 |
| shall be construed under Section 5-8-4 in granting and
| 14 |
| forfeiting of good time.
| 15 |
| (c) The Department shall prescribe rules and regulations
| 16 |
| for revoking good conduct credit, or suspending or reducing
the | 17 |
| rate of accumulation of good conduct credit for specific
rule | 18 |
| violations, during imprisonment. These rules and regulations
| 19 |
| shall provide that no inmate may be penalized more than one
| 20 |
| year of good conduct credit for any one infraction.
| 21 |
| When the Department seeks to revoke, suspend or reduce
the | 22 |
| rate of accumulation of any good conduct credits for
an alleged | 23 |
| infraction of its rules, it shall bring charges
therefor | 24 |
| against the prisoner sought to be so deprived of
good conduct | 25 |
| credits before the Prisoner Review Board as
provided in | 26 |
| subparagraph (a)(4) of Section 3-3-2 of this
Code, if the |
|
|
|
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| 1 |
| amount of credit at issue exceeds 30 days or
when during any 12 | 2 |
| month period, the cumulative amount of
credit revoked exceeds | 3 |
| 30 days except where the infraction is committed
or discovered | 4 |
| within 60 days of scheduled release. In those cases,
the | 5 |
| Department of Corrections may revoke up to 30 days of good | 6 |
| conduct credit.
The Board may subsequently approve the | 7 |
| revocation of additional good
conduct credit, if the Department | 8 |
| seeks to revoke good conduct credit in
excess of 30 days. | 9 |
| However, the Board shall not be empowered to review the
| 10 |
| Department's decision with respect to the loss of 30 days of | 11 |
| good conduct
credit within any calendar year for any prisoner | 12 |
| or to increase any penalty
beyond the length requested by the | 13 |
| Department.
| 14 |
| The Director of the Department of Corrections, in | 15 |
| appropriate cases, may
restore up to 30 days good conduct | 16 |
| credits which have been revoked, suspended
or reduced. Any | 17 |
| restoration of good conduct credits in excess of 30 days shall
| 18 |
| be subject to review by the Prisoner Review Board. However, the | 19 |
| Board may not
restore good conduct credit in excess of the | 20 |
| amount requested by the Director.
| 21 |
| Nothing contained in this Section shall prohibit the | 22 |
| Prisoner Review Board
from ordering, pursuant to Section | 23 |
| 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | 24 |
| sentence imposed by the court that was not served due to the
| 25 |
| accumulation of good conduct credit.
| 26 |
| (d) If a lawsuit is filed by a prisoner in an Illinois or |
|
|
|
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|
| 1 |
| federal court
against the State, the Department of Corrections, | 2 |
| or the Prisoner Review Board,
or against any of
their officers | 3 |
| or employees, and the court makes a specific finding that a
| 4 |
| pleading, motion, or other paper filed by the prisoner is | 5 |
| frivolous, the
Department of Corrections shall conduct a | 6 |
| hearing to revoke up to
180 days of good conduct credit by | 7 |
| bringing charges against the prisoner
sought to be deprived of | 8 |
| the good conduct credits before the Prisoner Review
Board as | 9 |
| provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
| 10 |
| If the prisoner has not accumulated 180 days of good conduct | 11 |
| credit at the
time of the finding, then the Prisoner Review | 12 |
| Board may revoke all
good conduct credit accumulated by the | 13 |
| prisoner.
| 14 |
| For purposes of this subsection (d):
| 15 |
| (1) "Frivolous" means that a pleading, motion, or other | 16 |
| filing which
purports to be a legal document filed by a | 17 |
| prisoner in his or her lawsuit meets
any or all of the | 18 |
| following criteria:
| 19 |
| (A) it lacks an arguable basis either in law or in | 20 |
| fact;
| 21 |
| (B) it is being presented for any improper purpose, | 22 |
| such as to harass or
to cause unnecessary delay or | 23 |
| needless increase in the cost of litigation;
| 24 |
| (C) the claims, defenses, and other legal | 25 |
| contentions therein are not
warranted by existing law | 26 |
| or by a nonfrivolous argument for the extension,
|
|
|
|
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LRB095 07004 RLC 33272 a |
|
| 1 |
| modification, or reversal of existing law or the | 2 |
| establishment of new law;
| 3 |
| (D) the allegations and other factual contentions | 4 |
| do not have
evidentiary
support or, if specifically so | 5 |
| identified, are not likely to have evidentiary
support | 6 |
| after a reasonable opportunity for further | 7 |
| investigation or discovery;
or
| 8 |
| (E) the denials of factual contentions are not | 9 |
| warranted on the
evidence, or if specifically so | 10 |
| identified, are not reasonably based on a lack
of | 11 |
| information or belief.
| 12 |
| (2) "Lawsuit" means a petition for post-conviction | 13 |
| relief under Article
122 of the Code of Criminal Procedure | 14 |
| of 1963, a motion pursuant to Section
116-3 of the Code of | 15 |
| Criminal Procedure of 1963, a habeas corpus action under
| 16 |
| Article X of the Code of Civil Procedure or under federal | 17 |
| law (28 U.S.C. 2254),
a petition for claim under the Court | 18 |
| of Claims Act or an action under the
federal Civil Rights | 19 |
| Act (42 U.S.C. 1983).
| 20 |
| (e) Nothing in Public Act 90-592 or 90-593 affects the | 21 |
| validity of Public Act 89-404.
| 22 |
| (Source: P.A. 93-213, eff. 7-18-03; 93-354, eff. 9-1-03; 94-71, | 23 |
| eff. 6-23-05; 94-128, eff. 7-7-05; 94-156, eff. 7-8-05; 94-398, | 24 |
| eff. 8-2-05; 94-491, eff. 8-8-05; 94-744, eff. 5-8-06.)
| 25 |
| (730 ILCS 5/3-19-15 new) |
|
|
|
09500SB0288sam001 |
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|
| 1 |
| Sec. 3-19-15. Task Force on Transitional Housing for Sex | 2 |
| Offenders. | 3 |
| (a) There is created the Task Force on Transitional Housing | 4 |
| Facilities for Sex Offenders. The Task Force shall be composed | 5 |
| of the following members: | 6 |
| (1) Two members from the Department of Corrections | 7 |
| appointed by the Director of Corrections; | 8 |
| (2) Two members from the Prisoner Review Board | 9 |
| appointed by that Board; | 10 |
| (3) Two members of the Senate appointed by the | 11 |
| President of the Senate; | 12 |
| (4) Two members of the Senate appointed by the Minority | 13 |
| Leader of the Senate; | 14 |
| (5) Two members of the House of Representatives | 15 |
| appointed by the Speaker of the House of Representatives; | 16 |
| (6) Two members of the House of Representatives | 17 |
| appointed by the Minority Leader of the House of | 18 |
| Representatives; and | 19 |
| (7) Two members of the Governor's Office appointed by | 20 |
| the Governor.
| 21 |
| (b) The Task Force shall study the implementation, cost, | 22 |
| placement, and effectiveness of transitional housing | 23 |
| facilities for sex offenders released from facilities of the | 24 |
| Department of Corrections. | 25 |
| (c) The members of the Task Force shall receive no | 26 |
| compensation for their services as members of the Task Force |
|
|
|
09500SB0288sam001 |
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|
| 1 |
| but may be reimbursed for their actual expenses incurred in | 2 |
| serving on the Task Force from appropriations made to them for | 3 |
| such purpose.
| 4 |
| (730 ILCS 5/5-8A-6)
| 5 |
| Sec. 5-8A-6. Electronic monitoring of certain sex | 6 |
| offenders. For a sexual predator subject to electronic home | 7 |
| monitoring under paragraph (7.7) of subsection (a) of Section | 8 |
| 3-3-7, the Department of Corrections must use a system that | 9 |
| actively monitors and identifies the offender's current | 10 |
| location and timely reports or records the offender's presence | 11 |
| and that alerts the Department of the offender's presence | 12 |
| within a prohibited area described in Sections 11-9.3 and | 13 |
| 11-9.4 of the Criminal Code of 1961, in a court order, or as a | 14 |
| condition of the offender's parole, mandatory supervised | 15 |
| release, or extended mandatory supervised release and the | 16 |
| offender's departure from specified geographic limitations . | 17 |
| The offender must pay for the cost of the electronic home | 18 |
| monitoring
, provided funding is appropriated by the General | 19 |
| Assembly for this purpose .
| 20 |
| (Source: P.A. 94-988, eff. 1-1-07.)
| 21 |
| Section 99. Effective date. This Act takes effect June 1, | 22 |
| 2008.".
|
|