Full Text of SB1828 97th General Assembly
SB1828 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1828 Introduced 2/9/2011, by Sen. Dan Kotowski SYNOPSIS AS INTRODUCED: |
| 725 ILCS 5/112A-22 | from Ch. 38, par. 112A-22 | 725 ILCS 5/112A-22.10 | | 730 ILCS 5/3-3-7 | from Ch. 38, par. 1003-3-7 | 750 ILCS 60/222 | from Ch. 40, par. 2312-22 | 750 ILCS 60/222.10 | |
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Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that personnel assigned by the Department of Corrections to investigate the alleged misconduct of committed persons or alleged violations of a parolee's or releasee's conditions of parole or mandatory supervised release may serve respondents with short form notifications of the issuance of orders of protection. Amends the Unified Code of Corrections. Provides that as a condition of parole or mandatory
supervised release, the parolee or releasee must immediately report service or notification of an order of protection, a civil no contact order, or a stalking no contact order to an agent of the Department of Corrections. Provides that as a condition of parole or mandatory supervised release, the parolee or releasee must comply with the terms and conditions of an order of protection issued pursuant to the Illinois Domestic Violence Act of 1986; an order of protection issued by the court of another state, tribe, or United States territory; a no contact order issued pursuant to the Civil No Contact Order Act; or a no contact order issued pursuant to the Stalking No Contact Order Act. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning orders of protection.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended by changing Sections 112A-22 and 112A-22.10 as follows:
| 6 | | (725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22)
| 7 | | Sec. 112A-22. Notice of orders.
| 8 | | (a) Entry and issuance. Upon issuance
of any order of | 9 | | protection, the clerk shall
immediately, or on the next court | 10 | | day if an emergency order is
issued in accordance with | 11 | | subsection (c) of Section 112A-17,
(i) enter the order on the | 12 | | record and file it
in accordance with the circuit court
| 13 | | procedures and (ii) provide a file stamped copy of the order to
| 14 | | respondent, if present, and to petitioner.
| 15 | | (b) Filing with sheriff. The clerk of the issuing judge | 16 | | shall, or
the petitioner may, on the same day that an order of | 17 | | protection is
issued, file a copy of that order with the | 18 | | sheriff or other law enforcement
officials charged with | 19 | | maintaining Department of State Police records or
charged with | 20 | | serving the order upon respondent.
If the order was issued in | 21 | | accordance with subsection (c) of Section 112A-17,
the
clerk | 22 | | shall on the next court day, file a certified copy of the order | 23 | | with the
Sheriff or other law enforcement officials charged |
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| 1 | | with maintaining Department
of State Police records.
| 2 | | (c) Service by sheriff. Unless respondent was present in | 3 | | court when the
order was issued, the sheriff, other law | 4 | | enforcement official or special
process server shall
promptly | 5 | | serve that order upon respondent and file proof of such | 6 | | service,
in the manner provided for service of process in civil | 7 | | proceedings.
Instead of serving the order upon the respondent, | 8 | | however, the sheriff, other
law enforcement official, or | 9 | | special process server , or other persons defined in Section | 10 | | 112A-22.10 may serve the respondent
with a short form | 11 | | notification as provided in Section 112A-22.10.
If
process has | 12 | | not yet been served upon the respondent, it shall be served
| 13 | | with the order or short form notification if such service is | 14 | | made by the sheriff, other law enforcement official, or special | 15 | | process server .
| 16 | | (c-5) If the person against whom the order of protection is | 17 | | issued is
arrested and the written order is issued in | 18 | | accordance with subsection (c) of
Section 112A-17
and received | 19 | | by the custodial law enforcement agency before the respondent | 20 | | or
arrestee is released from custody, the custodial law | 21 | | enforcement agent shall
promptly serve the order upon the | 22 | | respondent or arrestee before the
respondent or arrestee is | 23 | | released from custody. In no event shall detention
of the | 24 | | respondent or arrestee be extended for hearing on the petition | 25 | | for order
of protection or receipt of the order issued under | 26 | | Section 112A-17 of this
Code.
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| 1 | | (d) Extensions, modifications and revocations. Any order | 2 | | extending,
modifying or revoking any order of protection shall | 3 | | be promptly recorded,
issued and served as provided in this | 4 | | Section.
| 5 | | (e) Notice to health care facilities and health care | 6 | | practitioners. Upon the request of the petitioner, the clerk of | 7 | | the circuit court shall send a certified copy of the order of | 8 | | protection to any specified health care facility or health care | 9 | | practitioner requested by the petitioner at the mailing address | 10 | | provided by the petitioner. | 11 | | (f) Disclosure by health care facilities and health care | 12 | | practitioners. After receiving a certified copy of an order of | 13 | | protection that prohibits a respondent's access to records, no | 14 | | health care facility or health care practitioner shall allow a | 15 | | respondent access to the records of any child who is a | 16 | | protected person under the order of protection, or release | 17 | | information in those records to the respondent, unless the | 18 | | order has expired or the respondent shows a certified copy of | 19 | | the court order vacating the corresponding order of protection | 20 | | that was sent to the health care facility or practitioner. | 21 | | Nothing in this Section shall be construed to require health
| 22 | | care facilities or health care practitioners to alter | 23 | | procedures related to billing and payment. The health care | 24 | | facility or health care practitioner may file the copy of the | 25 | | order of protection in the records of a child who is a | 26 | | protected person under the order of protection, or may employ |
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| 1 | | any other method to identify the records to which a respondent | 2 | | is prohibited access. No health care facility or health care | 3 | | practitioner shall be civilly or professionally liable for
| 4 | | reliance on a copy of an order of protection, except for | 5 | | willful and wanton misconduct. | 6 | | (g) Notice to schools. Upon the request of the petitioner, | 7 | | within 24
hours of the issuance of an order of
protection, the | 8 | | clerk of the issuing judge shall
send a certified copy of
the | 9 | | order of protection to the day-care facility,
pre-school or | 10 | | pre-kindergarten, or private school or the principal
office of | 11 | | the public school district or any college or university in | 12 | | which any child who
is a protected person under the order of | 13 | | protection or any child
of
the
petitioner is enrolled as | 14 | | requested by the petitioner at the mailing address provided by | 15 | | the petitioner.
If the child transfers enrollment to another | 16 | | day-care facility, pre-school,
pre-kindergarten,
private | 17 | | school, public school, college, or university, the petitioner | 18 | | may,
within 24 hours
of the transfer, send to the clerk written | 19 | | notice of the transfer, including
the name and
address of the | 20 | | institution to which the child is transferring.
Within 24 hours | 21 | | of receipt of notice
from the petitioner that a child is | 22 | | transferring to another day-care facility,
pre-school, | 23 | | pre-kindergarten, private school, public school, college, or
| 24 | | university, the clerk shall send a certified copy of the order | 25 | | to the institution to which the child
is
transferring. | 26 | | (h) Disclosure by schools. After receiving a certified copy |
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| 1 | | of an order
of protection that prohibits a respondent's access | 2 | | to records, neither a
day-care facility, pre-school, | 3 | | pre-kindergarten, public
or private school, college, or | 4 | | university nor its employees shall allow a
respondent access to | 5 | | a
protected child's records or release information in those | 6 | | records to the
respondent. The school shall file
the copy of | 7 | | the order of protection in the records of a child who
is a | 8 | | protected person under the order of protection. When a child | 9 | | who is a
protected person under the order of protection | 10 | | transfers to another day-care
facility, pre-school, | 11 | | pre-kindergarten, public or private school, college, or
| 12 | | university, the institution from which the child is | 13 | | transferring may, at the
request of the petitioner, provide,
| 14 | | within 24 hours of the transfer, written notice of the order of | 15 | | protection,
along with a certified copy of the order, to the | 16 | | institution to which the child
is
transferring. | 17 | | (Source: P.A. 96-651, eff. 1-1-10.)
| 18 | | (725 ILCS 5/112A-22.10)
| 19 | | Sec. 112A-22.10. Short form notification.
| 20 | | (a) Instead of personal service of an order of protection | 21 | | under Section
112A-22, a sheriff, other law enforcement | 22 | | official, or special process server , or personnel assigned by | 23 | | the Department of Corrections to investigate the alleged | 24 | | misconduct of committed persons or alleged violations of a | 25 | | parolee's or releasee's conditions of parole or mandatory |
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| 1 | | supervised release
may serve a respondent with a short form | 2 | | notification. The short form
notification must include the | 3 | | following
items:
| 4 | | (1) The respondent's name.
| 5 | | (2) The respondent's date of birth, if known.
| 6 | | (3) The petitioner's name.
| 7 | | (4) The names of other protected parties.
| 8 | | (5) The date and county in which the order of | 9 | | protection was filed.
| 10 | | (6) The court file number.
| 11 | | (7) The hearing date and time, if known.
| 12 | | (8) The conditions that apply to the respondent, either | 13 | | in checklist form
or handwritten.
| 14 | | (9) The name of the judge who signed the order.
| 15 | | (b) The short form notification must contain the following | 16 | | notice in bold
print:
| 17 | | "The order of protection is now enforceable. You must | 18 | | report to the office
of the sheriff or the office of the | 19 | | circuit court in (name of county) County to
obtain a copy | 20 | | of the order of protection. You are subject to arrest and | 21 | | may be
charged with a misdemeanor or felony if you violate | 22 | | any of the terms of the
order of protection."
| 23 | | (c) Upon verification of the identity of the respondent and | 24 | | the existence of
an unserved order of protection against the | 25 | | respondent, a sheriff or other law
enforcement official may | 26 | | detain the respondent for a reasonable time necessary
to |
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| 1 | | complete and serve the short form notification.
| 2 | | (d) When service is made by short form notification under | 3 | | this Section, it
may be proved by the affidavit of the person | 4 | | sheriff, other law enforcement official,
or special process | 5 | | server making the service.
| 6 | | (e) The Attorney General shall provide adequate copies of | 7 | | the short form
notification form to law enforcement agencies in | 8 | | this State.
| 9 | | (Source: P.A. 92-162, eff. 1-1-02.)
| 10 | | Section 10. The Unified Code of Corrections is amended by | 11 | | changing Section 3-3-7 as follows: | 12 | | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | 13 | | Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | 14 | | Release.
| 15 | | (a) The conditions of parole or mandatory
supervised | 16 | | release shall be such as the Prisoner Review
Board deems | 17 | | necessary to assist the subject in leading a
law-abiding life. | 18 | | The conditions of every parole and mandatory
supervised release | 19 | | are that the subject:
| 20 | | (1) not violate any criminal statute of any | 21 | | jurisdiction
during the parole or release term;
| 22 | | (2) refrain from possessing a firearm or other | 23 | | dangerous
weapon;
| 24 | | (3) report to an agent of the Department of |
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| 1 | | Corrections;
| 2 | | (4) permit the agent to visit him or her at his or her | 3 | | home, employment,
or
elsewhere to the
extent necessary for | 4 | | the agent to discharge his or her duties;
| 5 | | (5) attend or reside in a facility established for the | 6 | | instruction or
residence
of persons on
parole or mandatory | 7 | | supervised release;
| 8 | | (6) secure permission before visiting or writing a | 9 | | committed person in an
Illinois Department
of Corrections | 10 | | facility;
| 11 | | (7) report all arrests to an agent of the Department of | 12 | | Corrections as
soon as
permitted by the
arresting authority | 13 | | but in no event later than 24 hours after release from
| 14 | | custody and immediately report service or notification of | 15 | | an order of protection, a civil no contact order, or a | 16 | | stalking no contact order to an agent of the Department of | 17 | | Corrections ;
| 18 | | (7.5) if convicted of a sex offense as defined in the | 19 | | Sex Offender
Management Board Act, the individual shall | 20 | | undergo and successfully complete
sex offender treatment | 21 | | conducted in conformance with the standards developed by
| 22 | | the Sex
Offender Management Board Act by a treatment | 23 | | provider approved by the Board;
| 24 | | (7.6) if convicted of a sex offense as defined in the | 25 | | Sex Offender
Management Board Act, refrain from residing at | 26 | | the same address or in the same condominium unit or |
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| 1 | | apartment unit or in the same condominium complex or | 2 | | apartment complex with another person he or she knows or | 3 | | reasonably should know is a convicted sex offender or has | 4 | | been placed on supervision for a sex offense; the | 5 | | provisions of this paragraph do not apply to a person | 6 | | convicted of a sex offense who is placed in a Department of | 7 | | Corrections licensed transitional housing facility for sex | 8 | | offenders, or is in any facility operated or licensed by | 9 | | the Department of Children and Family Services or by the | 10 | | Department of Human Services, or is in any licensed medical | 11 | | facility;
| 12 | | (7.7) if convicted for an offense that would qualify | 13 | | the accused as a sexual predator under the Sex Offender | 14 | | Registration Act on or after January 1, 2007 ( the effective | 15 | | date of Public Act 94-988) this amendatory Act of the 94th | 16 | | General Assembly , wear an approved electronic monitoring | 17 | | device as defined in Section 5-8A-2 for the duration of the | 18 | | person's parole, mandatory supervised release term, or | 19 | | extended mandatory supervised release term and if | 20 | | convicted for an offense of criminal sexual assault, | 21 | | aggravated criminal sexual assault, predatory criminal | 22 | | sexual assault of a child, criminal sexual abuse, | 23 | | aggravated criminal sexual abuse, or ritualized abuse of a | 24 | | child committed on or after August 11, 2009 (the effective | 25 | | date of Public Act 96-236) when the victim was under 18 | 26 | | years of age at the time of the commission of the offense |
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| 1 | | and the defendant used force or the threat of force in the | 2 | | commission of the offense wear an approved electronic | 3 | | monitoring device as defined in Section 5-8A-2 that has | 4 | | Global Positioning System (GPS) capability for the | 5 | | duration of the person's parole, mandatory supervised | 6 | | release term, or extended mandatory supervised release | 7 | | term;
| 8 | | (7.8) if convicted for an offense committed on or after | 9 | | June 1, 2008 ( the effective date of Public Act 95-464) this | 10 | | amendatory Act of the 95th General Assembly that would | 11 | | qualify the accused as a child sex offender as defined in | 12 | | Section 11-9.3 or 11-9.4 of the Criminal Code of 1961, | 13 | | refrain from communicating with or contacting, by means of | 14 | | the Internet, a person who is not related to the accused | 15 | | and whom the accused reasonably believes to be under 18 | 16 | | years of age; for purposes of this paragraph (7.8), | 17 | | "Internet" has the meaning ascribed to it in Section 16J-5 | 18 | | of the Criminal Code of 1961; and a person is not related | 19 | | to the accused if the person is not: (i) the spouse, | 20 | | brother, or sister of the accused; (ii) a descendant of the | 21 | | accused; (iii) a first or second cousin of the accused; or | 22 | | (iv) a step-child or adopted child of 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) this amendatory Act of | 9 | | the 95th General Assembly , not possess prescription drugs | 10 | | 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 ; and . | 17 | | (18) comply with the terms and conditions of an order | 18 | | of protection issued pursuant to the Illinois Domestic | 19 | | Violence Act of 1986; an order of protection issued by the | 20 | | court of another state, tribe, or United States territory; | 21 | | a no contact order issued pursuant to the Civil No Contact | 22 | | Order Act; or a no contact order issued pursuant to the | 23 | | Stalking No Contact Order Act. | 24 | | (b) The Board may in addition to other conditions
require | 25 | | that the subject:
| 26 | | (1) work or pursue a course of study or vocational |
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| 1 | | training;
| 2 | | (2) undergo medical or psychiatric treatment, or | 3 | | treatment
for drug addiction or alcoholism;
| 4 | | (3) attend or reside in a facility established for the
| 5 | | instruction or residence of persons on probation or parole;
| 6 | | (4) support his dependents;
| 7 | | (5) (blank);
| 8 | | (6) (blank);
| 9 | | (7) (blank) comply with the terms and conditions of an | 10 | | order of protection
issued pursuant to the Illinois | 11 | | Domestic Violence Act of 1986, enacted by the
84th General | 12 | | Assembly, or an order of protection issued by the court of | 13 | | another
state, tribe, or United States territory ;
| 14 | | (7.5) if convicted for an offense committed on or after | 15 | | the effective date of this amendatory Act of the 95th | 16 | | General Assembly that would qualify the accused as a child | 17 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the | 18 | | Criminal Code of 1961, refrain from communicating with or | 19 | | contacting, by means of the Internet, a person who is | 20 | | related to the accused and whom the accused reasonably | 21 | | believes to be under 18 years of age; for purposes of this | 22 | | paragraph (7.5), "Internet" has the meaning ascribed to it | 23 | | in Section 16J-5 of the Criminal Code of 1961; and a person | 24 | | is related to the accused if the person is: (i) the spouse, | 25 | | brother, or sister of the accused; (ii) a descendant of the | 26 | | accused; (iii) a first or second cousin of the accused; or |
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| 1 | | (iv) a step-child or adopted child of the accused; | 2 | | (7.6) if convicted for an offense committed on or after | 3 | | June 1, 2009 (the effective date of Public Act 95-983) that | 4 | | would qualify as a sex offense as defined in the Sex | 5 | | Offender Registration Act: | 6 | | (i) not access or use a computer or any other | 7 | | device with Internet capability without the prior | 8 | | written approval of the Department; | 9 | | (ii) submit to periodic unannounced examinations | 10 | | of the offender's computer or any other device with | 11 | | Internet capability by the offender's supervising | 12 | | agent, a law enforcement officer, or assigned computer | 13 | | or information technology specialist, including the | 14 | | retrieval and copying of all data from the computer or | 15 | | device and any internal or external peripherals and | 16 | | removal of such information, equipment, or device to | 17 | | conduct a more thorough inspection; | 18 | | (iii) submit to the installation on the offender's | 19 | | computer or device with Internet capability, at the | 20 | | offender's expense, of one or more hardware or software | 21 | | systems to monitor the Internet use; and | 22 | | (iv) submit to any other appropriate restrictions | 23 | | concerning the offender's use of or access to a | 24 | | computer or any other device with Internet capability | 25 | | imposed by the Board, the Department or the offender's | 26 | | supervising agent; and
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| 1 | | (8) in addition, if a minor:
| 2 | | (i) reside with his parents or in a foster home;
| 3 | | (ii) attend school;
| 4 | | (iii) attend a non-residential program for youth; | 5 | | or
| 6 | | (iv) contribute to his own support at home or in a | 7 | | foster
home.
| 8 | | (b-1) In addition to the conditions set forth in | 9 | | subsections (a) and (b), persons required to register as sex | 10 | | offenders pursuant to the Sex Offender Registration Act, upon | 11 | | release from the custody of the Illinois Department of | 12 | | Corrections, may be required by the Board to comply with the | 13 | | following specific conditions of release: | 14 | | (1) reside only at a Department approved location; | 15 | | (2) comply with all requirements of the Sex Offender | 16 | | Registration Act;
| 17 | | (3) notify
third parties of the risks that may be | 18 | | occasioned by his or her criminal record; | 19 | | (4) obtain the approval of an agent of the Department | 20 | | of Corrections prior to accepting employment or pursuing a | 21 | | course of study or vocational training and notify the | 22 | | Department prior to any change in employment, study, or | 23 | | training; | 24 | | (5) not be employed or participate in any
volunteer | 25 | | activity that involves contact with children, except under | 26 | | circumstances approved in advance and in writing by an |
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| 1 | | agent of the Department of Corrections; | 2 | | (6) be electronically monitored for a minimum of 12 | 3 | | months from the date of release as determined by the Board;
| 4 | | (7) refrain from entering into a designated
geographic | 5 | | area except upon terms approved in advance by an agent of | 6 | | the Department of Corrections. The terms may include | 7 | | consideration of the purpose of the entry, the time of day, | 8 | | and others accompanying the person; | 9 | | (8) refrain from having any contact, including
written | 10 | | or oral communications, directly or indirectly, personally | 11 | | or by telephone, letter, or through a third party with | 12 | | certain specified persons including, but not limited to, | 13 | | the victim or the victim's family without the prior written | 14 | | approval of an agent of the Department of Corrections; | 15 | | (9) refrain from all contact, directly or
indirectly, | 16 | | personally, by telephone, letter, or through a third party, | 17 | | with minor children without prior identification and | 18 | | approval of an agent of the Department of Corrections; | 19 | | (10) neither possess or have under his or her
control | 20 | | any material that is sexually oriented, sexually | 21 | | stimulating, or that shows male or female sex organs or any | 22 | | pictures depicting children under 18 years of age nude or | 23 | | any written or audio material describing sexual | 24 | | intercourse or that depicts or alludes to sexual activity, | 25 | | including but not limited to visual, auditory, telephonic, | 26 | | or electronic media, or any matter obtained through access |
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| 1 | | to any computer or material linked to computer access use; | 2 | | (11) not patronize any business providing
sexually | 3 | | stimulating or sexually oriented entertainment nor utilize | 4 | | "900" or adult telephone numbers; | 5 | | (12) not reside near, visit, or be in or about
parks, | 6 | | schools, day care centers, swimming pools, beaches, | 7 | | theaters, or any other places where minor children | 8 | | congregate without advance approval of an agent of the | 9 | | Department of Corrections and immediately report any | 10 | | incidental contact with minor children to the Department; | 11 | | (13) not possess or have under his or her control
| 12 | | certain specified items of contraband related to the | 13 | | incidence of sexually offending as determined by an agent | 14 | | of the Department of Corrections; | 15 | | (14) may be required to provide a written daily log of | 16 | | activities
if directed by an agent of the Department of | 17 | | Corrections; | 18 | | (15) comply with all other special conditions
that the | 19 | | Department may impose that restrict the person from | 20 | | high-risk situations and limit access to potential | 21 | | victims; | 22 | | (16) take an annual polygraph exam; | 23 | | (17) maintain a log of his or her travel; or | 24 | | (18) obtain prior approval of his or her parole officer | 25 | | before driving alone in a motor vehicle.
| 26 | | (c) The conditions under which the parole or mandatory
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| 1 | | supervised release is to be served shall be communicated to
the | 2 | | person in writing prior to his release, and he shall
sign the | 3 | | same before release. A signed copy of these conditions,
| 4 | | including a copy of an order of protection where one had been | 5 | | issued by the
criminal court, shall be retained by the person | 6 | | and another copy forwarded to
the officer in charge of his | 7 | | supervision.
| 8 | | (d) After a hearing under Section 3-3-9, the Prisoner
| 9 | | Review Board may modify or enlarge the conditions of parole
or | 10 | | mandatory supervised release.
| 11 | | (e) The Department shall inform all offenders committed to
| 12 | | the Department of the optional services available to them
upon | 13 | | release and shall assist inmates in availing themselves
of such | 14 | | optional services upon their release on a voluntary
basis. | 15 | | (f) When the subject is in compliance with all conditions | 16 | | of his or her parole or mandatory supervised release, the | 17 | | subject shall receive a reduction of the period of his or her | 18 | | parole or mandatory supervised release of 90 days upon passage | 19 | | of the high school level Test of General Educational | 20 | | Development during the period of his or her parole or mandatory | 21 | | supervised release. This reduction in the period of a subject's | 22 | | term of parole or mandatory supervised release shall be | 23 | | available only to subjects who have not previously earned a | 24 | | high school diploma or who have not previously passed the high | 25 | | school level Test of General Educational Development.
| 26 | | (Source: P.A. 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; 95-579, |
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| 1 | | eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876, | 2 | | eff. 8-21-08; 95-983, eff. 6-1-09; 96-236, eff. 8-11-09; | 3 | | 96-262, eff. 1-1-10; 96-328, eff. 8-11-09; 96-362, eff. 1-1-10; | 4 | | 96-1000, eff. 7-2-10.) | 5 | | Section 15. The Illinois Domestic Violence Act of 1986 is | 6 | | amended by changing Sections 222 and 222.10 as follows:
| 7 | | (750 ILCS 60/222) (from Ch. 40, par. 2312-22)
| 8 | | Sec. 222. Notice of orders.
| 9 | | (a) Entry and issuance. Upon issuance of any order of | 10 | | protection, the
clerk shall immediately, or on the next court | 11 | | day if an emergency order is
issued in accordance with | 12 | | subsection (c) of Section 217,
(i) enter the order on the | 13 | | record and file it
in accordance with the circuit court | 14 | | procedures and (ii) provide a file stamped
copy of the order to | 15 | | respondent, if
present, and to petitioner.
| 16 | | (b) Filing with sheriff. The clerk of the issuing judge | 17 | | shall, or
the petitioner may, on the same day that an order of | 18 | | protection is
issued, file a certified copy of that order with | 19 | | the sheriff or other law
enforcement officials charged with | 20 | | maintaining Department of State Police
records or charged with | 21 | | serving the order upon respondent.
If the order was issued in | 22 | | accordance with subsection (c) of Section 217,
the clerk
shall | 23 | | on the next court day, file a certified copy of the order with | 24 | | the
Sheriff or other law enforcement officials charged with |
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| 1 | | maintaining Department
of State Police records.
| 2 | | (c) Service by sheriff. Unless respondent was present in | 3 | | court when the
order was issued, the sheriff, other law | 4 | | enforcement official or special
process server shall
promptly | 5 | | serve that order upon respondent and file proof of such | 6 | | service,
in the manner provided for service of process in civil | 7 | | proceedings.
Instead of serving the order upon the respondent, | 8 | | however, the sheriff, other
law enforcement official, or | 9 | | special process server , or other persons defined in Section | 10 | | 222.10 may serve the respondent
with a short form notification | 11 | | as provided in Section 222.10.
If
process has not yet been | 12 | | served upon the respondent, it shall be served
with the order | 13 | | or short form notification if such service is made by the | 14 | | sheriff, other law enforcement official, or special process | 15 | | server . A single fee may be charged for
service of an order
| 16 | | obtained in civil court, or for service of such an order | 17 | | together with
process, unless waived or deferred under Section | 18 | | 210.
| 19 | | (c-5) If the person against whom the order of protection is | 20 | | issued is
arrested and the written order is issued in | 21 | | accordance with subsection (c) of
Section 217
and received by | 22 | | the custodial law enforcement agency before the respondent or
| 23 | | arrestee is released from custody, the custodial law | 24 | | enforcement agent shall
promptly serve the order upon the | 25 | | respondent or arrestee before the
respondent or arrestee is | 26 | | released from custody. In no event shall detention
of the |
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| 1 | | respondent or arrestee be extended for hearing on the petition | 2 | | for order
of protection or receipt of the order issued under | 3 | | Section 217 of this Act.
| 4 | | (d) Extensions, modifications and revocations. Any order | 5 | | extending,
modifying or revoking any order of protection shall | 6 | | be promptly recorded,
issued and served as provided in this | 7 | | Section.
| 8 | | (e) Notice to schools. Upon the request of the petitioner, | 9 | | within 24
hours of the issuance of an order of
protection, the | 10 | | clerk of the issuing judge shall
send a certified copy of
the | 11 | | order of protection to the day-care facility,
pre-school or | 12 | | pre-kindergarten, or private school or the principal
office of | 13 | | the public school district or any college or university in | 14 | | which any child who
is a protected person under the order of | 15 | | protection or any child
of
the
petitioner is enrolled as | 16 | | requested by the petitioner at the mailing address provided by | 17 | | the petitioner.
If the child transfers enrollment to another | 18 | | day-care facility, pre-school,
pre-kindergarten,
private | 19 | | school, public school, college, or university, the petitioner | 20 | | may,
within 24 hours
of the transfer, send to the clerk written | 21 | | notice of the transfer, including
the name and
address of the | 22 | | institution to which the child is transferring.
Within 24 hours | 23 | | of receipt of notice
from the petitioner that a child is | 24 | | transferring to another day-care facility,
pre-school, | 25 | | pre-kindergarten, private school, public school, college, or
| 26 | | university, the clerk shall send a certified copy of the order |
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| 1 | | to the institution to which the child
is
transferring.
| 2 | | (f) Disclosure by schools. After receiving a certified copy | 3 | | of an order
of protection that prohibits a respondent's access | 4 | | to records, neither a
day-care facility, pre-school, | 5 | | pre-kindergarten, public
or private school, college, or | 6 | | university nor its employees shall allow a
respondent access to | 7 | | a
protected child's records or release information in those | 8 | | records to the
respondent. The school shall file
the copy of | 9 | | the order of protection in the records of a child who
is a | 10 | | protected person under the order of protection. When a child | 11 | | who is a
protected person under the order of protection | 12 | | transfers to another day-care
facility, pre-school, | 13 | | pre-kindergarten, public or private school, college, or
| 14 | | university, the institution from which the child is | 15 | | transferring may, at the
request of the petitioner, provide,
| 16 | | within 24 hours of the transfer, written notice of the order of | 17 | | protection,
along with a certified copy of the order, to the | 18 | | institution to which the child
is
transferring.
| 19 | | (g) Notice to health care facilities and health care | 20 | | practitioners. Upon the request of the petitioner, the clerk of | 21 | | the circuit court shall send a certified copy of the order of | 22 | | protection to any specified health care facility or health care | 23 | | practitioner requested by the petitioner at the mailing address | 24 | | provided by the petitioner. | 25 | | (h) Disclosure by health care facilities and health care | 26 | | practitioners. After receiving a certified copy of an order of |
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| 1 | | protection that prohibits a respondent's access to records, no | 2 | | health care facility or health care practitioner shall allow a | 3 | | respondent access to the records of any child who is a | 4 | | protected person under the order of protection, or release | 5 | | information in those records to the respondent, unless the | 6 | | order has expired or the respondent shows a certified copy of | 7 | | the court order vacating the corresponding order of protection | 8 | | that was sent to the health care facility or practitioner. | 9 | | Nothing in this Section shall be construed to require health | 10 | | care facilities or health care practitioners to alter | 11 | | procedures related to billing and payment. The health care | 12 | | facility or health care practitioner may file the copy of the | 13 | | order of protection in the records of a child who is a | 14 | | protected person under the order of protection, or may employ | 15 | | any other method to identify the records to which a respondent | 16 | | is prohibited access. No health care facility or health care | 17 | | practitioner shall be civilly or professionally liable for | 18 | | reliance on a copy of an order of protection, except for | 19 | | willful and wanton misconduct. | 20 | | (Source: P.A. 95-912, eff. 1-1-09; 96-651, eff. 1-1-10.)
| 21 | | (750 ILCS 60/222.10)
| 22 | | Sec. 222.10. Short form notification.
| 23 | | (a) Instead of personal service of an order of protection | 24 | | under Section 222,
a sheriff, other law enforcement official, | 25 | | or special process server , or personnel assigned by the |
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| 1 | | Department of Corrections to investigate the alleged | 2 | | misconduct of committed persons or alleged violations of a | 3 | | parolee's or releasee's conditions of parole or mandatory | 4 | | supervised release may serve
a respondent with a short form | 5 | | notification. The short form notification must
include the | 6 | | following items:
| 7 | | (1) The respondent's name.
| 8 | | (2) The respondent's date of birth, if known.
| 9 | | (3) The petitioner's name.
| 10 | | (4) The names of other protected parties.
| 11 | | (5) The date and county in which the order of | 12 | | protection was filed.
| 13 | | (6) The court file number.
| 14 | | (7) The hearing date and time, if known.
| 15 | | (8) The conditions that apply to the respondent, either | 16 | | in checklist form
or handwritten.
| 17 | | (9) The name of the judge who signed the order.
| 18 | | (b) The short form notification must contain the following | 19 | | notice in bold
print:
| 20 | | "The order of protection is now enforceable. You must | 21 | | report to the office of
the sheriff or the office of the | 22 | | circuit court in (name of county) County to
obtain a copy | 23 | | of the order of protection. You are subject to arrest and | 24 | | may be
charged with a misdemeanor or felony if you violate | 25 | | any of the terms of the
order of protection."
| 26 | | (c) Upon verification of the identity of the respondent and |
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| 1 | | the existence of
an unserved order of protection against the | 2 | | respondent, a sheriff or other law
enforcement official may | 3 | | detain the respondent for a reasonable time necessary
to | 4 | | complete and serve the short form notification.
| 5 | | (d) When service is made by short form notification under | 6 | | this Section, it
may be proved by the affidavit of the person | 7 | | sheriff, other law enforcement official,
or special process
| 8 | | server making the service.
| 9 | | (e) The Attorney General shall provide adequate copies of | 10 | | the short form
notification form to law enforcement agencies in | 11 | | this State.
| 12 | | (Source: P.A. 92-162, eff. 1-1-02.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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