Full Text of HB5492 97th General Assembly
HB5492ham002 97TH GENERAL ASSEMBLY | Rep. Robyn Gabel Filed: 3/27/2012
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| 1 | | AMENDMENT TO HOUSE BILL 5492
| 2 | | AMENDMENT NO. ______. Amend House Bill 5492, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Unified Code of Corrections is amended by | 6 | | changing Sections 3-3-5, 3-3-7, and 3-3-8 as follows:
| 7 | | (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
| 8 | | Sec. 3-3-5. Hearing and Determination.
| 9 | | (a) The Prisoner
Review Board shall meet as often as need | 10 | | requires to consider
the cases of persons eligible for parole. | 11 | | Except as otherwise
provided in paragraph (2) of subsection (a) | 12 | | of Section 3-3-2
of this Act, the Prisoner Review Board may | 13 | | meet and
order its actions in panels of 3 or more members. The | 14 | | action
of a majority of the panel shall be the action of the | 15 | | Board.
In consideration of persons committed to the Department | 16 | | of Juvenile Justice,
the panel shall have at least a majority |
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| 1 | | of members experienced
in juvenile matters.
| 2 | | (b) If the person under consideration for parole is in the
| 3 | | custody of the Department, at least one member of the Board
| 4 | | shall interview him, and a report of that interview shall be
| 5 | | available for the Board's consideration. However, in the
| 6 | | discretion of the Board, the interview need not be conducted
if | 7 | | a psychiatric examination determines that the person could
not | 8 | | meaningfully contribute to the Board's consideration. The
| 9 | | Board may in its discretion parole a person who is then outside
| 10 | | the jurisdiction on his record without an interview. The Board
| 11 | | need not hold a hearing or interview a person who is paroled
| 12 | | under paragraphs (d) or (e) of this Section or released on
| 13 | | Mandatory release under Section 3-3-10.
| 14 | | (c) The Board shall not parole a person convicted of a | 15 | | crime and eligible for
parole if it determines that:
| 16 | | (1) there is a substantial risk that he will not
| 17 | | conform to reasonable conditions of parole; or
| 18 | | (2) his release at that time would deprecate the
| 19 | | seriousness of his offense or promote disrespect for the | 20 | | law; or
| 21 | | (3) his release would have a substantially adverse
| 22 | | effect on institutional discipline.
| 23 | | (d) A person committed under the Juvenile Court Act
or the | 24 | | Juvenile Court Act of 1987
who has not been sooner released | 25 | | shall be paroled on or before
his 20th birthday to begin | 26 | | serving a period of parole under
Section 3-3-8.
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| 1 | | (e) A person who has served the maximum term of
| 2 | | imprisonment imposed at the time of sentencing less time
credit | 3 | | for good behavior shall be released on parole to
serve a period | 4 | | of parole under Section 5-8-1.
| 5 | | (f) The Board shall render its decision within a
reasonable | 6 | | time after hearing and shall state the basis
therefor both in | 7 | | the records of the Board and in written
notice to the person on | 8 | | whose application it has acted.
In its decision, the Board | 9 | | shall set the person's time
for parole, or if it denies parole | 10 | | it shall provide for
a rehearing not less frequently than once | 11 | | every
year, except that the Board may,
after denying parole,
| 12 | | schedule a rehearing no later than 5 years from the date of the | 13 | | parole
denial, if the Board finds that it is not reasonable to | 14 | | expect that parole
would be granted at a hearing prior to the | 15 | | scheduled rehearing date. If the
Board shall parole a person, | 16 | | and, if he is not released within 90 days from
the effective | 17 | | date of the order granting parole, the matter shall be
returned | 18 | | to the Board for review.
| 19 | | (g) The Board shall maintain a registry of decisions in | 20 | | which parole
has been granted, which shall include the name and | 21 | | case number of the
prisoner, the highest charge for which the | 22 | | prisoner was sentenced, the
length of sentence imposed, the | 23 | | date of the sentence, the date of the
parole, and the basis for | 24 | | the decision of the Board to grant parole and the
vote of the | 25 | | Board on any such decisions. The registry shall be made | 26 | | available
for public inspection and copying during business |
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| 1 | | hours and shall be a public
record pursuant to the provisions | 2 | | of the Freedom of Information Act.
| 3 | | (h) The Board shall promulgate rules regarding the exercise
| 4 | | of its discretion under this Section.
| 5 | | (Source: P.A. 96-875, eff. 1-22-10; 97-522, eff. 1-1-12.)
| 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 | 17 | | dangerous
weapon;
| 18 | | (3) report to an agent of the Department of | 19 | | Corrections;
| 20 | | (4) permit the agent to visit him or her at his or her | 21 | | home, employment,
or
elsewhere to the
extent necessary for | 22 | | the agent to discharge his or her duties;
| 23 | | (5) attend or reside in a facility established for the | 24 | | instruction or
residence
of persons on
parole or mandatory | 25 | | supervised release;
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| 1 | | (6) secure permission before visiting or writing a | 2 | | committed person in an
Illinois Department
of Corrections | 3 | | facility;
| 4 | | (7) report all arrests to an agent of the Department of | 5 | | Corrections as
soon as
permitted by the
arresting authority | 6 | | but in no event later than 24 hours after release from
| 7 | | custody and immediately report service or notification of | 8 | | an order of protection, a civil no contact order, or a | 9 | | stalking no contact order to an agent of the Department of | 10 | | Corrections;
| 11 | | (7.5) if convicted of a sex offense as defined in the | 12 | | Sex Offender
Management Board Act, the individual shall | 13 | | undergo and successfully complete
sex offender treatment | 14 | | conducted in conformance with the standards developed by
| 15 | | the Sex
Offender Management Board Act by a treatment | 16 | | provider approved by the Board;
| 17 | | (7.6) if convicted of a sex offense as defined in the | 18 | | Sex Offender
Management Board Act, refrain from residing at | 19 | | the same address or in the same condominium unit or | 20 | | apartment unit or in the same condominium complex or | 21 | | apartment complex with another person he or she knows or | 22 | | reasonably should know is a convicted sex offender or has | 23 | | been placed on supervision for a sex offense; the | 24 | | provisions of this paragraph do not apply to a person | 25 | | convicted of a sex offense who is placed in a Department of | 26 | | Corrections licensed transitional housing facility for sex |
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| 1 | | offenders, or is in any facility operated or licensed by | 2 | | the Department of Children and Family Services or by the | 3 | | Department of Human Services, or is in any licensed medical | 4 | | facility;
| 5 | | (7.7) if convicted for an offense that would qualify | 6 | | the accused as a sexual predator under the Sex Offender | 7 | | Registration Act on or after January 1, 2007 (the effective | 8 | | date of Public Act 94-988), wear an approved electronic | 9 | | monitoring device as defined in Section 5-8A-2 for the | 10 | | duration of the person's parole, mandatory supervised | 11 | | release term, or extended mandatory supervised release | 12 | | term and if convicted for an offense of criminal sexual | 13 | | assault, aggravated criminal sexual assault, predatory | 14 | | criminal sexual assault of a child, criminal sexual abuse, | 15 | | aggravated criminal sexual abuse, or ritualized abuse of a | 16 | | child committed on or after August 11, 2009 (the effective | 17 | | date of Public Act 96-236) when the victim was under 18 | 18 | | years of age at the time of the commission of the offense | 19 | | and the defendant used force or the threat of force in the | 20 | | commission of the offense wear an approved electronic | 21 | | monitoring device as defined in Section 5-8A-2 that has | 22 | | Global Positioning System (GPS) capability for the | 23 | | duration of the person's parole, mandatory supervised | 24 | | release term, or extended mandatory supervised release | 25 | | term;
| 26 | | (7.8) if convicted for an offense committed on or after |
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| 1 | | June 1, 2008 (the effective date of Public Act 95-464) that | 2 | | would qualify the accused as a child sex offender as | 3 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 4 | | 1961, refrain from communicating with or contacting, by | 5 | | means of the Internet, a person who is not related to the | 6 | | accused and whom the accused reasonably believes to be | 7 | | under 18 years of age; for purposes of this paragraph | 8 | | (7.8), "Internet" has the meaning ascribed to it in Section | 9 | | 16-0.1 of the Criminal Code of 1961; and a person is not | 10 | | related to the accused if the person is not: (i) the | 11 | | spouse, brother, or sister of the accused; (ii) a | 12 | | descendant of the accused; (iii) a first or second cousin | 13 | | of the accused; or (iv) a step-child or adopted child of | 14 | | the accused;
| 15 | | (7.9)
if convicted under Section 11-6, 11-20.1, | 16 | | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961, | 17 | | consent to search of computers, PDAs, cellular phones, and | 18 | | other devices under his or her control that are capable of | 19 | | accessing the Internet or storing electronic files, in | 20 | | order to confirm Internet protocol addresses reported in | 21 | | accordance with the Sex Offender Registration Act and | 22 | | compliance with conditions in this Act;
| 23 | | (7.10)
if convicted for an offense that would qualify | 24 | | the accused as a sex offender or sexual predator under the | 25 | | Sex Offender Registration Act on or after June 1, 2008 (the | 26 | | effective date of Public Act 95-640), not possess |
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| 1 | | prescription drugs for erectile dysfunction;
| 2 | | (7.11) if convicted for an offense under Section 11-6, | 3 | | 11-9.1, 11-14.4 that involves soliciting for a juvenile | 4 | | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | 5 | | of the Criminal Code of 1961, or any attempt to commit any | 6 | | of these offenses, committed on or after June 1, 2009 (the | 7 | | effective date of Public Act 95-983): | 8 | | (i) not access or use a computer or any other | 9 | | device with Internet capability without the prior | 10 | | written approval of the Department; | 11 | | (ii) submit to periodic unannounced examinations | 12 | | of the offender's computer or any other device with | 13 | | Internet capability by the offender's supervising | 14 | | agent, a law enforcement officer, or assigned computer | 15 | | or information technology specialist, including the | 16 | | retrieval and copying of all data from the computer or | 17 | | device and any internal or external peripherals and | 18 | | removal of such information, equipment, or device to | 19 | | conduct a more thorough inspection; | 20 | | (iii) submit to the installation on the offender's | 21 | | computer or device with Internet capability, at the | 22 | | offender's expense, of one or more hardware or software | 23 | | systems to monitor the Internet use; and | 24 | | (iv) submit to any other appropriate restrictions | 25 | | concerning the offender's use of or access to a | 26 | | computer or any other device with Internet capability |
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| 1 | | imposed by the Board, the Department or the offender's | 2 | | supervising agent; | 3 | | (7.12) if convicted of a sex offense as defined in the | 4 | | Sex Offender
Registration Act committed on or after January | 5 | | 1, 2010 (the effective date of Public Act 96-262), refrain | 6 | | from accessing or using a social networking website as | 7 | | defined in Section 17-0.5 of the Criminal Code of 1961;
| 8 | | (7.13) if convicted of a sex offense as defined in | 9 | | Section 2 of the Sex Offender Registration Act committed on | 10 | | or after January 1, 2010 (the effective date of Public Act | 11 | | 96-362) that requires the person to register as a sex | 12 | | offender under that Act, may not knowingly use any computer | 13 | | scrub software on any computer that the sex offender uses; | 14 | | (8) obtain permission of an agent of the Department of | 15 | | Corrections before
leaving the
State of Illinois;
| 16 | | (9) obtain permission of an agent of the Department of | 17 | | Corrections before
changing
his or her residence or | 18 | | employment;
| 19 | | (10) consent to a search of his or her person, | 20 | | property, or residence
under his or her
control;
| 21 | | (11) refrain from the use or possession of narcotics or | 22 | | other controlled
substances in
any form, or both, or any | 23 | | paraphernalia related to those substances and submit
to a
| 24 | | urinalysis test as instructed by a parole agent of the | 25 | | Department of
Corrections;
| 26 | | (12) not frequent places where controlled substances |
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| 1 | | are illegally sold,
used,
distributed, or administered;
| 2 | | (13) not knowingly associate with other persons on | 3 | | parole or mandatory
supervised
release without prior | 4 | | written permission of his or her parole agent and not
| 5 | | associate with
persons who are members of an organized gang | 6 | | as that term is defined in the
Illinois
Streetgang | 7 | | Terrorism Omnibus Prevention Act;
| 8 | | (14) provide true and accurate information, as it | 9 | | relates to his or her
adjustment in the
community while on | 10 | | parole or mandatory supervised release or to his or her
| 11 | | conduct
while incarcerated, in response to inquiries by his | 12 | | or her parole agent or of
the
Department of Corrections;
| 13 | | (15) follow any specific instructions provided by the | 14 | | parole agent that
are consistent
with furthering | 15 | | conditions set and approved by the Prisoner Review Board or | 16 | | by
law,
exclusive of placement on electronic detention, to | 17 | | achieve the goals and
objectives of his
or her parole or | 18 | | mandatory supervised release or to protect the public. | 19 | | These
instructions by the parole agent may be modified at | 20 | | any time, as the agent
deems
appropriate;
| 21 | | (16) if convicted of a sex offense as defined in | 22 | | subsection (a-5) of Section 3-1-2 of this Code, unless the | 23 | | offender is a parent or guardian of the person under 18 | 24 | | years of age present in the home and no non-familial minors | 25 | | are present, not participate in a holiday event involving | 26 | | children under 18 years of age, such as distributing candy |
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| 1 | | or other items to children on Halloween, wearing a Santa | 2 | | Claus costume on or preceding Christmas, being employed as | 3 | | a department store Santa Claus, or wearing an Easter Bunny | 4 | | costume on or preceding Easter; | 5 | | (17) if convicted of a violation of an order of | 6 | | protection under Section 12-30 of the Criminal Code of | 7 | | 1961, be placed under electronic surveillance as provided | 8 | | in Section 5-8A-7 of this Code; and | 9 | | (18) comply with the terms and conditions of an order | 10 | | of protection issued pursuant to the Illinois Domestic | 11 | | Violence Act of 1986; an order of protection issued by the | 12 | | court of another state, tribe, or United States territory; | 13 | | a no contact order issued pursuant to the Civil No Contact | 14 | | Order Act; or a no contact order issued pursuant to the | 15 | | Stalking No Contact Order Act ; and . | 16 | | (19) (18) if convicted of a violation of the | 17 | | Methamphetamine Control and Community Protection Act, the | 18 | | Methamphetamine
Precursor Control Act, or a | 19 | | methamphetamine related offense, be: | 20 | | (A) prohibited from purchasing, possessing, or | 21 | | having under his or her control any product containing | 22 | | pseudoephedrine unless prescribed by a physician; and | 23 | | (B) prohibited from purchasing, possessing, or | 24 | | having under his or her control any product containing | 25 | | ammonium nitrate. | 26 | | (b) The Board may in addition to other conditions
require |
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| 1 | | that the subject:
| 2 | | (1) work or pursue a course of study or vocational | 3 | | training;
| 4 | | (2) undergo medical or psychiatric treatment, or | 5 | | treatment
for drug addiction or alcoholism;
| 6 | | (3) attend or reside in a facility established for the
| 7 | | instruction or residence of persons on probation or parole;
| 8 | | (4) support his dependents;
| 9 | | (5) (blank);
| 10 | | (6) (blank);
| 11 | | (7) (blank);
| 12 | | (7.5) if convicted for an offense committed on or after | 13 | | the effective date of this amendatory Act of the 95th | 14 | | General Assembly that would qualify the accused as a child | 15 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the | 16 | | Criminal Code of 1961, refrain from communicating with or | 17 | | contacting, by means of the Internet, a person who is | 18 | | related to the accused and whom the accused reasonably | 19 | | believes to be under 18 years of age; for purposes of this | 20 | | paragraph (7.5), "Internet" has the meaning ascribed to it | 21 | | in Section 16-0.1 of the Criminal Code of 1961; and a | 22 | | person is related to the accused if the person is: (i) the | 23 | | spouse, brother, or sister of the accused; (ii) a | 24 | | descendant of the accused; (iii) a first or second cousin | 25 | | of the accused; or (iv) a step-child or adopted child of | 26 | | the accused; |
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| 1 | | (7.6) if convicted for an offense committed on or after | 2 | | June 1, 2009 (the effective date of Public Act 95-983) that | 3 | | would qualify as a sex offense as defined in the Sex | 4 | | Offender Registration Act: | 5 | | (i) not access or use a computer or any other | 6 | | device with Internet capability without the prior | 7 | | written approval of the Department; | 8 | | (ii) submit to periodic unannounced examinations | 9 | | of the offender's computer or any other device with | 10 | | Internet capability by the offender's supervising | 11 | | agent, a law enforcement officer, or assigned computer | 12 | | or information technology specialist, including the | 13 | | retrieval and copying of all data from the computer or | 14 | | device and any internal or external peripherals and | 15 | | removal of such information, equipment, or device to | 16 | | conduct a more thorough inspection; | 17 | | (iii) submit to the installation on the offender's | 18 | | computer or device with Internet capability, at the | 19 | | offender's expense, of one or more hardware or software | 20 | | systems to monitor the Internet use; and | 21 | | (iv) submit to any other appropriate restrictions | 22 | | concerning the offender's use of or access to a | 23 | | computer or any other device with Internet capability | 24 | | imposed by the Board, the Department or the offender's | 25 | | supervising agent; and
| 26 | | (8) in addition, if a minor:
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| 1 | | (i) reside with his parents or in a foster home;
| 2 | | (ii) attend school;
| 3 | | (iii) attend a non-residential program for youth; | 4 | | or
| 5 | | (iv) contribute to his own support at home or in a | 6 | | foster
home.
| 7 | | (b-1) In addition to the conditions set forth in | 8 | | subsections (a) and (b), persons required to register as sex | 9 | | offenders pursuant to the Sex Offender Registration Act, upon | 10 | | release from the custody of the Illinois Department of | 11 | | Corrections, may be required by the Board to comply with the | 12 | | following specific conditions of release: | 13 | | (1) reside only at a Department approved location; | 14 | | (2) comply with all requirements of the Sex Offender | 15 | | Registration Act;
| 16 | | (3) notify
third parties of the risks that may be | 17 | | occasioned by his or her criminal record; | 18 | | (4) obtain the approval of an agent of the Department | 19 | | of Corrections prior to accepting employment or pursuing a | 20 | | course of study or vocational training and notify the | 21 | | Department prior to any change in employment, study, or | 22 | | training; | 23 | | (5) not be employed or participate in any
volunteer | 24 | | activity that involves contact with children, except under | 25 | | circumstances approved in advance and in writing by an | 26 | | agent of the Department of Corrections; |
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| 1 | | (6) be electronically monitored for a minimum of 12 | 2 | | months from the date of release as determined by the Board;
| 3 | | (7) refrain from entering into a designated
geographic | 4 | | area except upon terms approved in advance by an agent of | 5 | | the Department of Corrections. The terms may include | 6 | | consideration of the purpose of the entry, the time of day, | 7 | | and others accompanying the person; | 8 | | (8) refrain from having any contact, including
written | 9 | | or oral communications, directly or indirectly, personally | 10 | | or by telephone, letter, or through a third party with | 11 | | certain specified persons including, but not limited to, | 12 | | the victim or the victim's family without the prior written | 13 | | approval of an agent of the Department of Corrections; | 14 | | (9) refrain from all contact, directly or
indirectly, | 15 | | personally, by telephone, letter, or through a third party, | 16 | | with minor children without prior identification and | 17 | | approval of an agent of the Department of Corrections; | 18 | | (10) neither possess or have under his or her
control | 19 | | any material that is sexually oriented, sexually | 20 | | stimulating, or that shows male or female sex organs or any | 21 | | pictures depicting children under 18 years of age nude or | 22 | | any written or audio material describing sexual | 23 | | intercourse or that depicts or alludes to sexual activity, | 24 | | including but not limited to visual, auditory, telephonic, | 25 | | or electronic media, or any matter obtained through access | 26 | | to any computer or material linked to computer access use; |
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| 1 | | (11) not patronize any business providing
sexually | 2 | | stimulating or sexually oriented entertainment nor utilize | 3 | | "900" or adult telephone numbers; | 4 | | (12) not reside near, visit, or be in or about
parks, | 5 | | schools, day care centers, swimming pools, beaches, | 6 | | theaters, or any other places where minor children | 7 | | congregate without advance approval of an agent of the | 8 | | Department of Corrections and immediately report any | 9 | | incidental contact with minor children to the Department; | 10 | | (13) not possess or have under his or her control
| 11 | | certain specified items of contraband related to the | 12 | | incidence of sexually offending as determined by an agent | 13 | | of the Department of Corrections; | 14 | | (14) may be required to provide a written daily log of | 15 | | activities
if directed by an agent of the Department of | 16 | | Corrections; | 17 | | (15) comply with all other special conditions
that the | 18 | | Department may impose that restrict the person from | 19 | | high-risk situations and limit access to potential | 20 | | victims; | 21 | | (16) take an annual polygraph exam; | 22 | | (17) maintain a log of his or her travel; or | 23 | | (18) obtain prior approval of his or her parole officer | 24 | | before driving alone in a motor vehicle.
| 25 | | (c) The conditions under which the parole or mandatory
| 26 | | supervised release is to be served shall be communicated to
the |
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| 1 | | person in writing prior to his release, and he shall
sign the | 2 | | same before release. A signed copy of these conditions,
| 3 | | including a copy of an order of protection where one had been | 4 | | issued by the
criminal court, shall be retained by the person | 5 | | and another copy forwarded to
the officer in charge of his | 6 | | supervision.
| 7 | | (d) After a hearing under Section 3-3-9, the Prisoner
| 8 | | Review Board may modify or enlarge the conditions of parole
or | 9 | | mandatory supervised release.
| 10 | | (e) The Department shall inform all offenders committed to
| 11 | | the Department of the optional services available to them
upon | 12 | | release and shall assist inmates in availing themselves
of such | 13 | | optional services upon their release on a voluntary
basis. | 14 | | (e-5) The Illinois Juvenile Justice Commission, as created | 15 | | in Section 17a-9 of the Children and Family Services Act, shall | 16 | | submit a report by December 30, 2012 to the General Assembly | 17 | | with recommendations regarding youth-specific parole | 18 | | conditions. | 19 | | (f) (Blank).
| 20 | | (Source: P.A. 96-236, eff. 8-11-09; 96-262, eff. 1-1-10; | 21 | | 96-328, eff. 8-11-09; 96-362, eff. 1-1-10; 96-1000, eff. | 22 | | 7-2-10; 96-1539, eff. 3-4-11; 96-1551, Article 2, Section 1065, | 23 | | eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; | 24 | | 97-50, eff. 6-28-11; 97-531, eff. 1-1-12; 97-560, eff. 1-1-12; | 25 | | 97-597, eff. 1-1-12; revised 9-14-11.)
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| 1 | | (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
| 2 | | Sec. 3-3-8. Length of parole and mandatory supervised
| 3 | | release; discharge.) | 4 | | (a) The length of parole
for a person sentenced under the | 5 | | law in effect prior to
the effective date of this amendatory | 6 | | Act of 1977 and the
length of mandatory supervised release for | 7 | | those sentenced
under the law in effect on and after such | 8 | | effective date
shall be as set out in Section 5-8-1 unless | 9 | | sooner terminated
under paragraph (b) of this Section. The | 10 | | parole period
of a juvenile committed to the Department under | 11 | | the Juvenile
Court Act or the Juvenile Court Act of 1987 shall | 12 | | extend until he is 21
years of age unless sooner terminated | 13 | | under paragraph (b) of this Section.
| 14 | | (a-1) A person committed to the Department of Juvenile | 15 | | Justice under the Juvenile Court Act of 1987 shall be released | 16 | | on parole for a period to be fixed by the Prisoner Review Board | 17 | | of not less than 6 months but not more than 12 months unless | 18 | | sooner terminated under paragraph (b) of this Section, except | 19 | | that a minor of the age of at least 13 who is adjudicated | 20 | | delinquent for the crime of first degree murder shall remain | 21 | | committed to the Department of Juvenile Justice under | 22 | | subsection (2) of Section 5-750 of the Juvenile Court Act of | 23 | | 1987. The length of parole shall remain subject to the | 24 | | jurisdiction and sentencing provisions of the Juvenile Court | 25 | | Act of 1987. The parole period shall toll during any period of | 26 | | reincarceration and resume upon release on parole. |
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| 1 | | (a-2) At the conclusion of the parole period, a person | 2 | | committed to the Department of Juvenile Justice under the | 3 | | Juvenile Court Act of 1987 shall be discharged from parole | 4 | | unless the Department Director or designee determines that, | 5 | | despite reasonable efforts to reintegrate the youth into the | 6 | | community, the youth has not substantially complied with or | 7 | | completed the conditions of the initial parole order. Upon such | 8 | | a determination, the Department may request an extension of the | 9 | | youth's parole term. The Board may extend the parole period | 10 | | upon a showing by the Department, by a preponderance of | 11 | | evidence, that: | 12 | | (i) the supervising agency has made reasonable efforts | 13 | | to assist the youth in complying with the conditions set | 14 | | out by the parole release plan; and | 15 | | (ii) despite these efforts, the youth has not | 16 | | substantially complied with the parole release plan; or | 17 | | (iii) the youth has not completed rehabilitative goals | 18 | | or treatment plans essential to the youth's community | 19 | | reintegration, as provided in the parole release plan; and | 20 | | (iv) the Department has presented a case plan which | 21 | | will enable the youth to substantially comply with the | 22 | | parole release plan by the end of the extension period | 23 | | being requested. | 24 | | Upon the requisite showing by the Department, the parole | 25 | | term may be extended for one to 12 months, according to the | 26 | | time required for the youth to comply with or complete the |
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| 1 | | remaining elements of the initial parole order. At the | 2 | | conclusion of the extension period, the youth shall be | 3 | | discharged from parole. Upon a determination of exceptional | 4 | | circumstances arising from significant changes in clinical | 5 | | need, the Department Director may request a transition | 6 | | extension of one to 6 months for the purpose of developing a | 7 | | post-parole services plan, in conjunction with other | 8 | | child-serving or human services agencies under subsection (e) | 9 | | of Section 3-2.5-15. The Board may grant the transition | 10 | | extension if it finds that recommended services are required to | 11 | | address a significant change in clinical need and that the | 12 | | Department has presented a case plan that will adequately | 13 | | transition the youth to post-parole services or support. At the | 14 | | conclusion of the transition extension period, the youth shall | 15 | | be discharged from parole. | 16 | | The Illinois Juvenile Justice Commission, as created in | 17 | | Section 17a-9 of the Children and Family Services Act, shall | 18 | | include information about the frequency of use of the parole | 19 | | extension process in its annual report to the General Assembly. | 20 | | (b) The Prisoner Review Board may enter an order
releasing | 21 | | and discharging one from parole or mandatory
supervised | 22 | | release, and his commitment to the Department,
when it | 23 | | determines that he is likely to remain at liberty
without | 24 | | committing another offense.
| 25 | | (b-1) Provided that the subject is in compliance with the | 26 | | terms and conditions of his or her parole or mandatory |
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| 1 | | supervised release, the Prisoner Review Board may reduce the | 2 | | period of a parolee or releasee's parole or mandatory | 3 | | supervised release by 90 days upon the parolee or releasee | 4 | | receiving a high school diploma or upon passage of the high | 5 | | school level Test of General Educational Development during the | 6 | | period of his or her parole or mandatory supervised release. | 7 | | This reduction in the period of a subject's term of parole or | 8 | | mandatory supervised release shall be available only to | 9 | | subjects who have not previously earned a high school diploma | 10 | | or who have not previously passed the high school level Test of | 11 | | General Educational Development. | 12 | | (c) The order of discharge shall become effective upon | 13 | | entry of the
order of the Board. The Board shall notify the | 14 | | clerk of the committing
court of the order. Upon receipt of | 15 | | such copy, the clerk shall make an
entry on the record judgment | 16 | | that the sentence or commitment has been
satisfied pursuant to | 17 | | the order.
| 18 | | (d) Rights of the person discharged under this
Section | 19 | | shall be restored under Section 5-5-5. This Section is subject | 20 | | to
Section 5-750 of the Juvenile Court Act of 1987.
| 21 | | (Source: P.A. 97-531, eff. 1-1-12.)
| 22 | | Section 99. Effective date. This Act takes effect January | 23 | | 1, 2013, except that this Section and subsection (e-5) of | 24 | | Section 3-3-7 of the Unified Code of Corrections take effect | 25 | | upon becoming law.".
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