Full Text of HB2584 97th General Assembly
HB2584ham001 97TH GENERAL ASSEMBLY | Rep. Dennis M. Reboletti Filed: 3/28/2011
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| 1 | | AMENDMENT TO HOUSE BILL 2584
| 2 | | AMENDMENT NO. ______. Amend House Bill 2584 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Unified Code of Corrections is amended by | 5 | | changing Sections 3-3-7 and 3-3-8 as follows: | 6 | | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | 7 | | Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | 8 | | Release.
| 9 | | (a) The conditions of parole or mandatory
supervised | 10 | | release shall be such as the Prisoner Review
Board deems | 11 | | necessary to assist the subject in leading a
law-abiding life. | 12 | | The conditions of every parole and mandatory
supervised release | 13 | | are that the subject:
| 14 | | (1) not violate any criminal statute of any | 15 | | jurisdiction
during the parole or release term;
| 16 | | (2) refrain from possessing a firearm or other |
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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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| 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 January 1, 2007 (the effective | 14 | | date of Public Act 94-988) the effective date of this | 15 | | amendatory Act of the 94th General Assembly , wear an | 16 | | approved electronic monitoring device as defined in | 17 | | Section 5-8A-2 for the duration of the person's parole, | 18 | | mandatory supervised release term, or extended mandatory | 19 | | supervised release term and if convicted for an offense of | 20 | | criminal sexual assault, aggravated criminal sexual | 21 | | assault, predatory criminal sexual assault of a child, | 22 | | criminal sexual abuse, aggravated criminal sexual abuse, | 23 | | or ritualized abuse of a child committed on or after August | 24 | | 11, 2009 (the effective date of Public Act 96-236) when the | 25 | | victim was under 18 years of age at the time of the | 26 | | commission of the offense and the defendant used force or |
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| 1 | | the threat of force in the commission of the offense wear | 2 | | an approved electronic monitoring device as defined in | 3 | | Section 5-8A-2 that has Global Positioning System (GPS) | 4 | | capability for the duration of the person's parole, | 5 | | mandatory supervised release term, or extended mandatory | 6 | | supervised release term;
| 7 | | (7.8) if convicted for an offense committed on or after | 8 | | June 1, 2008 (the effective date of Public Act 95-464) the | 9 | | effective date of this amendatory Act of the 95th General | 10 | | Assembly that would qualify the accused as a child sex | 11 | | offender as defined in Section 11-9.3 or 11-9.4 of the | 12 | | Criminal Code of 1961, refrain from communicating with or | 13 | | contacting, by means of the Internet, a person who is not | 14 | | related to the accused and whom the accused reasonably | 15 | | believes to be under 18 years of age; for purposes of this | 16 | | paragraph (7.8), "Internet" has the meaning ascribed to it | 17 | | in Section 16J-5 of the Criminal Code of 1961; and a person | 18 | | is not related to the accused if the person is not: (i) the | 19 | | spouse, brother, or sister of the accused; (ii) a | 20 | | descendant of the accused; (iii) a first or second cousin | 21 | | of the accused; or (iv) a step-child or adopted child of | 22 | | the accused;
| 23 | | (7.9)
if convicted under Section 11-6, 11-20.1, | 24 | | 11-20.3, or 11-21 of the Criminal Code of 1961, consent to | 25 | | search of computers, PDAs, cellular phones, and other | 26 | | devices under his or her control that are capable of |
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| 1 | | accessing the Internet or storing electronic files, in | 2 | | order to confirm Internet protocol addresses reported in | 3 | | accordance with the Sex Offender Registration Act and | 4 | | compliance with conditions in this Act;
| 5 | | (7.10)
if convicted for an offense that would qualify | 6 | | the accused as a sex offender or sexual predator under the | 7 | | Sex Offender Registration Act on or after June 1, 2008 (the | 8 | | effective date of Public Act 95-640) the effective date of | 9 | | this amendatory Act of the 95th General Assembly , not | 10 | | possess prescription drugs for erectile dysfunction;
| 11 | | (7.11) if convicted for an offense under Section 11-6, | 12 | | 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal | 13 | | Code of 1961, or any attempt to commit any of these | 14 | | offenses, committed on or after June 1, 2009 (the effective | 15 | | date of Public Act 95-983): | 16 | | (i) not access or use a computer or any other | 17 | | device with Internet capability without the prior | 18 | | written approval of the Department; | 19 | | (ii) submit to periodic unannounced examinations | 20 | | of the offender's computer or any other device with | 21 | | Internet capability by the offender's supervising | 22 | | agent, a law enforcement officer, or assigned computer | 23 | | or information technology specialist, including the | 24 | | retrieval and copying of all data from the computer or | 25 | | device and any internal or external peripherals and | 26 | | removal of such information, equipment, or device to |
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| 1 | | conduct a more thorough inspection; | 2 | | (iii) submit to the installation on the offender's | 3 | | computer or device with Internet capability, at the | 4 | | offender's expense, of one or more hardware or software | 5 | | systems to monitor the Internet use; and | 6 | | (iv) submit to any other appropriate restrictions | 7 | | concerning the offender's use of or access to a | 8 | | computer or any other device with Internet capability | 9 | | imposed by the Board, the Department or the offender's | 10 | | supervising agent; | 11 | | (7.12) if convicted of a sex offense as defined in the | 12 | | Sex Offender
Registration Act committed on or after January | 13 | | 1, 2010 (the effective date of Public Act 96-262), refrain | 14 | | from accessing or using a social networking website as | 15 | | defined in Section 16D-2 of the Criminal Code of 1961;
| 16 | | (7.13) if convicted of a sex offense as defined in | 17 | | Section 2 of the Sex Offender Registration Act committed on | 18 | | or after January 1, 2010 (the effective date of Public Act | 19 | | 96-362) that requires the person to register as a sex | 20 | | offender under that Act, may not knowingly use any computer | 21 | | scrub software on any computer that the sex offender uses; | 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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| 1 | | (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. |
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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);
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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) that | 23 | | would qualify as a sex offense as defined in the Sex | 24 | | Offender Registration Act: | 25 | | (i) not access or use a computer or any other | 26 | | device with Internet capability without the prior |
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| 1 | | written approval of the Department; | 2 | | (ii) submit to periodic unannounced examinations | 3 | | of the offender's computer or any other device with | 4 | | Internet capability by the offender's supervising | 5 | | agent, a law enforcement officer, or assigned computer | 6 | | or information technology specialist, including the | 7 | | retrieval and copying of all data from the computer or | 8 | | device and any internal or external peripherals and | 9 | | removal of such information, equipment, or device to | 10 | | conduct a more thorough inspection; | 11 | | (iii) submit to the installation on the offender's | 12 | | computer or device with Internet capability, at the | 13 | | offender's expense, of one or more hardware or software | 14 | | systems to monitor the Internet use; and | 15 | | (iv) submit to any other appropriate restrictions | 16 | | concerning the offender's use of or access to a | 17 | | computer or any other device with Internet capability | 18 | | imposed by the Board, the Department or the offender's | 19 | | supervising agent; and
| 20 | | (8) in addition, if a minor:
| 21 | | (i) reside with his parents or in a foster home;
| 22 | | (ii) attend school;
| 23 | | (iii) attend a non-residential program for youth; | 24 | | or
| 25 | | (iv) contribute to his own support at home or in a | 26 | | foster
home.
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| 1 | | (b-1) In addition to the conditions set forth in | 2 | | subsections (a) and (b), persons required to register as sex | 3 | | offenders pursuant to the Sex Offender Registration Act, upon | 4 | | release from the custody of the Illinois Department of | 5 | | Corrections, may be required by the Board to comply with the | 6 | | following specific conditions of release: | 7 | | (1) reside only at a Department approved location; | 8 | | (2) comply with all requirements of the Sex Offender | 9 | | Registration Act;
| 10 | | (3) notify
third parties of the risks that may be | 11 | | occasioned by his or her criminal record; | 12 | | (4) obtain the approval of an agent of the Department | 13 | | of Corrections prior to accepting employment or pursuing a | 14 | | course of study or vocational training and notify the | 15 | | Department prior to any change in employment, study, or | 16 | | training; | 17 | | (5) not be employed or participate in any
volunteer | 18 | | activity that involves contact with children, except under | 19 | | circumstances approved in advance and in writing by an | 20 | | agent of the Department of Corrections; | 21 | | (6) be electronically monitored for a minimum of 12 | 22 | | months from the date of release as determined by the Board;
| 23 | | (7) refrain from entering into a designated
geographic | 24 | | area except upon terms approved in advance by an agent of | 25 | | the Department of Corrections. The terms may include | 26 | | consideration of the purpose of the entry, the time of day, |
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| 1 | | and others accompanying the person; | 2 | | (8) refrain from having any contact, including
written | 3 | | or oral communications, directly or indirectly, personally | 4 | | or by telephone, letter, or through a third party with | 5 | | certain specified persons including, but not limited to, | 6 | | the victim or the victim's family without the prior written | 7 | | approval of an agent of the Department of Corrections; | 8 | | (9) refrain from all contact, directly or
indirectly, | 9 | | personally, by telephone, letter, or through a third party, | 10 | | with minor children without prior identification and | 11 | | approval of an agent of the Department of Corrections; | 12 | | (10) neither possess or have under his or her
control | 13 | | any material that is sexually oriented, sexually | 14 | | stimulating, or that shows male or female sex organs or any | 15 | | pictures depicting children under 18 years of age nude or | 16 | | any written or audio material describing sexual | 17 | | intercourse or that depicts or alludes to sexual activity, | 18 | | including but not limited to visual, auditory, telephonic, | 19 | | or electronic media, or any matter obtained through access | 20 | | to any computer or material linked to computer access use; | 21 | | (11) not patronize any business providing
sexually | 22 | | stimulating or sexually oriented entertainment nor utilize | 23 | | "900" or adult telephone numbers; | 24 | | (12) not reside near, visit, or be in or about
parks, | 25 | | schools, day care centers, swimming pools, beaches, | 26 | | theaters, or any other places where minor children |
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| 1 | | congregate without advance approval of an agent of the | 2 | | Department of Corrections and immediately report any | 3 | | incidental contact with minor children to the Department; | 4 | | (13) not possess or have under his or her control
| 5 | | certain specified items of contraband related to the | 6 | | incidence of sexually offending as determined by an agent | 7 | | of the Department of Corrections; | 8 | | (14) may be required to provide a written daily log of | 9 | | activities
if directed by an agent of the Department of | 10 | | Corrections; | 11 | | (15) comply with all other special conditions
that the | 12 | | Department may impose that restrict the person from | 13 | | high-risk situations and limit access to potential | 14 | | victims; | 15 | | (16) take an annual polygraph exam; | 16 | | (17) maintain a log of his or her travel; or | 17 | | (18) obtain prior approval of his or her parole officer | 18 | | before driving alone in a motor vehicle.
| 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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| 1 | | (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 | | (f) (Blank). When the subject is in compliance with all | 9 | | conditions of his or her parole or mandatory supervised | 10 | | release, the subject shall receive a reduction of the period of | 11 | | his or her parole or mandatory supervised release of 90 days | 12 | | upon passage of the high school level Test of General | 13 | | Educational Development during the period of his or her parole | 14 | | or mandatory supervised release. This reduction in the period | 15 | | of a subject's term of parole or mandatory supervised release | 16 | | shall be available only to subjects who have not previously | 17 | | earned a high school diploma or who have not previously passed | 18 | | the high school level Test of General Educational Development.
| 19 | | (Source: P.A. 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; 95-579, | 20 | | eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876, | 21 | | eff. 8-21-08; 95-983, eff. 6-1-09; 96-236, eff. 8-11-09; | 22 | | 96-262, eff. 1-1-10; 96-328, eff. 8-11-09; 96-362, eff. 1-1-10; | 23 | | 96-1000, eff. 7-2-10.)
| 24 | | (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
| 25 | | Sec. 3-3-8.
Length of parole and mandatory supervised
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| 1 | | release; discharge.)
| 2 | | (a) The length of parole
for a person sentenced under the | 3 | | law in effect prior to
the effective date of this amendatory | 4 | | Act of 1977 and the
length of mandatory supervised release for | 5 | | those sentenced
under the law in effect on and after such | 6 | | effective date
shall be as set out in Section 5-8-1 unless | 7 | | sooner terminated
under paragraph (b) of this Section. The | 8 | | parole period
of a juvenile committed to the Department under | 9 | | the Juvenile
Court Act or the Juvenile Court Act of 1987 shall | 10 | | extend until he is 21
years of age unless sooner terminated | 11 | | under paragraph (b) of this Section.
| 12 | | (b) The Prisoner Review Board may enter an order
releasing | 13 | | and discharging one from parole or mandatory
supervised | 14 | | release, and his commitment to the Department,
when it | 15 | | determines that he is likely to remain at liberty
without | 16 | | committing another offense.
| 17 | | (b-1) Provided that the subject is in compliance with the | 18 | | terms and conditions of his or her parole or mandatory | 19 | | supervised release, the Prisoner Review Board may reduce the | 20 | | period of a parolee's or releasee's parole or mandatory | 21 | | supervised release by 90 days upon the parolee or releasee | 22 | | receiving a high school diploma or upon passage of the high | 23 | | school level Test of General Educational Development during the | 24 | | period of his or her parole or mandatory supervised release. | 25 | | This reduction in the period of a subject's term of parole or | 26 | | mandatory supervised release shall be available only to |
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| 1 | | subjects who have not previously earned a high school diploma | 2 | | or who have not previously passed the high school level Test of | 3 | | General Educational Development. | 4 | | (c) The order of discharge shall become effective upon | 5 | | entry of the
order of the Board. The Board shall notify the | 6 | | clerk of the committing
court of the order. Upon receipt of | 7 | | such copy, the clerk shall make an
entry on the record judgment | 8 | | that the sentence or commitment has been
satisfied pursuant to | 9 | | the order.
| 10 | | (d) Rights of the person discharged under this
Section | 11 | | shall be restored under Section 5-5-5. This Section is subject | 12 | | to
Section 5-750 of the Juvenile Court Act of 1987.
| 13 | | (Source: P.A. 90-590, eff. 1-1-99.)".
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