Full Text of SB1807 97th General Assembly
SB1807 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1807 Introduced 2/9/2011, by Sen. Michael Noland 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 the supervising officer of a parolee or releasee shall request the Department of Corrections to issue a parole violation warrant, and the Department shall issue a parole violation warrant if the parolee or releasee is charged with a felony offense of domestic battery (rather than domestic battery) or if the parolee or releasee
is on parole or mandatory supervised release for a murder, a Class X felony or a Class 1 felony violation of the Criminal Code of 1961, or any felony that requires registration as a sex offender under the Sex Offender Registration Act (rather than 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. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning corrections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Section 3-14-2 as follows:
| 6 | | (730 ILCS 5/3-14-2) (from Ch. 38, par. 1003-14-2)
| 7 | | Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
| 8 | | Release and Release by Statute.
| 9 | | (a) The Department shall retain custody of all persons | 10 | | placed on
parole or mandatory supervised release or released | 11 | | pursuant to Section
3-3-10 of this Code and shall supervise | 12 | | such persons during
their parole or release period in accord | 13 | | with the conditions set by the
Prisoner Review Board. Such | 14 | | conditions shall include referral to an
alcohol or drug abuse | 15 | | treatment program, as appropriate, if such person has
| 16 | | previously been identified as having an alcohol or drug abuse | 17 | | problem.
Such conditions may include that the person use an | 18 | | approved electronic
monitoring device subject to Article 8A of | 19 | | Chapter V.
| 20 | | (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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| 1 | | case of such eligible person.
| 2 | | (c) A copy of the conditions of his parole or release shall | 3 | | be
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, | 20 | | (3) if the parolee or releasee is charged with: | 21 | | (A) a felony offense of domestic battery under | 22 | | Section 12-3.2 of the 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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| 1 | | (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 | | or | 8 | | (4) if the parolee or releasee
is on parole or | 9 | | mandatory supervised release for a murder, a Class X felony | 10 | | or a Class 1 felony violation of the Criminal Code of 1961, | 11 | | or any felony that requires registration as a sex offender | 12 | | under the Sex Offender Registration Act forcible felony and | 13 | | commits an act that constitutes first degree murder, a | 14 | | Class X felony, a Class 1 felony, a Class 2 felony, or a | 15 | | Class 3 felony. | 16 | | A
sheriff or other peace officer may detain an alleged | 17 | | parole or release
violator until a warrant for his return to | 18 | | the Department can be issued.
The parolee or releasee may be | 19 | | delivered to any secure place until he can
be transported to | 20 | | the Department. The officer or the Department shall file a | 21 | | violation report with notice of charges with the Prisoner | 22 | | Review Board.
| 23 | | (d) The supervising officer shall regularly advise and | 24 | | consult with
the parolee or releasee, assist him in adjusting | 25 | | to community life,
inform him of the restoration of his rights | 26 | | on successful completion of
sentence under Section 5-5-5. If |
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| 1 | | the parolee or releasee has been convicted of a sex offense as | 2 | | defined in the Sex Offender
Management Board Act, the | 3 | | supervising officer shall periodically, but not less than once | 4 | | a month, verify that the parolee or releasee is in compliance | 5 | | with paragraph (7.6) of subsection (a) of Section 3-3-7.
| 6 | | (e) Supervising officers shall receive specialized | 7 | | training in the
special needs of female releasees or parolees | 8 | | including the family
reunification process.
| 9 | | (f) The supervising officer shall keep such records as the
| 10 | | Prisoner Review Board or Department may require. All records | 11 | | shall be
entered in the master file of the individual.
| 12 | | (Source: P.A. 96-282, eff. 1-1-10; 96-1447, eff. 8-20-10.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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