Full Text of HB5150 96th General Assembly
HB5150 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5150
Introduced 1/29/2010, by Rep. Dennis M. Reboletti SYNOPSIS AS INTRODUCED: |
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730 ILCS 5/3-14-2 |
from Ch. 38, par. 1003-14-2 |
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Amends the Unified Code of Corrections. Provides that if the parolee or releasee
is on parole or mandatory supervised release for a forcible felony and commits an act that constitutes first degree murder, a Class X felony, a Class 1 felony, a Class 2 felony, or a Class 3 felony, the
supervising officer of the parolee or releasee shall request the Department of Corrections to issue a warrant and the Department
shall issue the warrant and the officer or the Department shall file a
violation report with notice of charges with the Prisoner Review Board. Effective immediately.
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A BILL FOR
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HB5150 |
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LRB096 19190 RLC 34581 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Unified Code of Corrections is amended by | 5 |
| changing Section 3-14-2 as follows:
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| (730 ILCS 5/3-14-2) (from Ch. 38, par. 1003-14-2)
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| Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
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| Release and Release by Statute.
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| (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
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| previously been identified as having an alcohol or drug abuse | 17 |
| problem.
Such conditions may include that the person use an | 18 |
| approved electronic
monitoring device subject to Article 8A of | 19 |
| Chapter V.
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| (b) The Department shall assign personnel to assist persons | 21 |
| eligible
for parole in preparing a parole plan. Such Department | 22 |
| personnel shall
make a report of their efforts and findings to | 23 |
| the Prisoner Review
Board prior to its consideration of the |
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HB5150 |
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LRB096 19190 RLC 34581 b |
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| case of such eligible person.
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| (c) A copy of the conditions of his parole or release shall | 3 |
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signed by the parolee or releasee and given to him and to | 4 |
| his
supervising officer who shall report on his progress under | 5 |
| the rules and
regulations of the Prisoner Review Board. The | 6 |
| supervising officer
shall report violations to the Prisoner | 7 |
| Review Board and shall have
the full power of peace officers in | 8 |
| the arrest and retaking of any
parolees or releasees or the | 9 |
| officer may request the Department to issue
a warrant for the | 10 |
| arrest of any parolee or releasee who has allegedly
violated | 11 |
| his parole or release conditions. | 12 |
| (c-1) The supervising officer shall request the Department | 13 |
| to issue a parole violation warrant, and the Department shall | 14 |
| issue a parole violation warrant, under the following | 15 |
| circumstances: | 16 |
| (1) If the parolee or releasee
commits an act that | 17 |
| constitutes a felony using a firearm or knife, | 18 |
| (2) if applicable, fails to comply with the | 19 |
| requirements of the Sex Offender Registration Act, or | 20 |
| (3) if the parolee or releasee is charged with: | 21 |
| (A) domestic battery under Section 12-3.2 of the | 22 |
| Criminal Code of 1961, | 23 |
| (B) aggravated domestic battery under Section | 24 |
| 12-3.3 of the Criminal Code of 1961, | 25 |
| (C) stalking under Section 12-7.3 of the Criminal | 26 |
| Code of 1961, |
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LRB096 19190 RLC 34581 b |
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| (D) aggravated stalking under Section 12-7.4 of | 2 |
| the Criminal Code of 1961, | 3 |
| (E) violation of an order of protection under | 4 |
| Section 12-30 of the Criminal Code of 1961, or | 5 |
| (F) any offense that would require registration as | 6 |
| a sex offender under the Sex Offender Registration Act. | 7 |
| A
sheriff or other peace officer may detain an alleged | 8 |
| parole or release
violator until a warrant for his return | 9 |
| to the Department can be issued.
The parolee or releasee | 10 |
| may be delivered to any secure place until he can
be | 11 |
| transported to the Department. The officer or the | 12 |
| Department shall file a violation report with notice of | 13 |
| charges with the Prisoner Review Board. If the parolee or | 14 |
| releasee
is on parole or mandatory supervised release for a | 15 |
| forcible felony and commits an act that constitutes first | 16 |
| degree murder, a Class X felony, a Class 1 felony, a Class | 17 |
| 2 felony, or a Class 3 felony, the
officer shall request | 18 |
| the Department to issue a warrant and the Department
shall | 19 |
| issue the warrant and the officer or the Department shall | 20 |
| file a
violation report with notice of charges with the | 21 |
| Prisoner Review Board.
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| (d) The supervising officer shall regularly advise and | 23 |
| consult with
the parolee or releasee, assist him in adjusting | 24 |
| to community life,
inform him of the restoration of his rights | 25 |
| on successful completion of
sentence under Section 5-5-5. If | 26 |
| the parolee or releasee has been convicted of a sex offense as |
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LRB096 19190 RLC 34581 b |
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| defined in the Sex Offender
Management Board Act, the | 2 |
| supervising officer shall periodically, but not less than once | 3 |
| a month, verify that the parolee or releasee is in compliance | 4 |
| with paragraph (7.6) of subsection (a) of Section 3-3-7.
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| (e) Supervising officers shall receive specialized | 6 |
| training in the
special needs of female releasees or parolees | 7 |
| including the family
reunification process.
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| (f) The supervising officer shall keep such records as the
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| Prisoner Review Board or Department may require. All records | 10 |
| shall be
entered in the master file of the individual.
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| (Source: P.A. 96-282, eff. 1-1-10.)
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| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.
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