Full Text of HB3442 99th General Assembly
HB3442 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3442 Introduced , by Rep. Linda Chapa LaVia SYNOPSIS AS INTRODUCED: |
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705 ILCS 405/5-501 |
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725 ILCS 5/110-10 | from Ch. 38, par. 110-10 |
730 ILCS 5/3-3-7 | from Ch. 38, par. 1003-3-7 |
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Amends the Juvenile Court Act of 1987, the Code of Criminal Procedure of 1963, and the Unified Code of Corrections. Provides that as a condition of pretrial release, bail, parole, aftercare release, mandatory supervised release, or extended mandatory supervised release for a robbery or burglary offense the court in cases of pretrial release and bail and the Prisoner Review Board in cases of parole, aftercare release, mandatory supervised release, or extended mandatory supervised release may require the defendant to wear an approved monitoring device that has a Global Positioning System (GPS) for the duration of the defendant's pretrial release, parole, aftercare release, mandatory supervised release, or extended mandatory supervised release. Provides that the data obtained from the GPS device shall not be monitored in real time, but shall be available to law enforcement agencies in automated 24 hour reports.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing Section 5-501 as follows:
| 6 | | (705 ILCS 405/5-501)
| 7 | | Sec. 5-501. Detention or shelter care hearing. At the | 8 | | appearance of the minor before the court at the detention or | 9 | | shelter
care hearing,
the court shall receive all relevant | 10 | | information and evidence, including
affidavits concerning the | 11 | | allegations made in the petition. Evidence used by
the court in | 12 | | its findings or stated in or offered in connection with this
| 13 | | Section may be by way of proffer based on reliable information | 14 | | offered by the
State or minor. All evidence shall be admissible | 15 | | if it is relevant and
reliable regardless of whether it would | 16 | | be admissible under the rules of
evidence applicable at a | 17 | | trial. No hearing may be held unless the minor is
represented | 18 | | by counsel and no hearing shall be held until the minor has had | 19 | | adequate opportunity to consult with counsel.
| 20 | | (1) If the court finds that there is not probable cause to | 21 | | believe that the
minor is a delinquent minor it shall release | 22 | | the minor and dismiss the
petition.
| 23 | | (2) If the court finds that there is probable cause to |
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| 1 | | believe that the
minor is a
delinquent minor, the minor, his or | 2 | | her parent, guardian, custodian and other
persons able to give | 3 | | relevant testimony may be examined before the court. The
court | 4 | | may also consider any evidence by way of proffer based upon | 5 | | reliable
information offered by the State or the minor. All | 6 | | evidence, including
affidavits, shall be admissible if it is | 7 | | relevant and reliable regardless of
whether it would be | 8 | | admissible under the rules of evidence applicable at trial.
| 9 | | After such evidence is presented, the court may enter an order | 10 | | that the minor
shall be released upon the request of a parent, | 11 | | guardian or legal custodian if
the parent, guardian or | 12 | | custodian appears to take custody.
| 13 | | If the court finds that it is a matter of immediate and | 14 | | urgent necessity for
the protection of the minor or of the | 15 | | person or property of another that the
minor be detained or | 16 | | placed in a
shelter care facility or that he or she is likely | 17 | | to flee the jurisdiction of
the court, the court may prescribe | 18 | | detention or shelter care and order that the
minor be kept in a | 19 | | suitable place designated by the court or in a shelter care
| 20 | | facility designated by the Department of Children and Family | 21 | | Services or a
licensed child welfare agency; otherwise it shall | 22 | | release the minor from
custody. If the court prescribes shelter | 23 | | care, then in placing the minor, the
Department or other agency | 24 | | shall, to the extent compatible with the court's
order, comply | 25 | | with Section 7 of the Children and Family Services Act. In
| 26 | | making the determination of the existence of immediate and |
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| 1 | | urgent necessity,
the court shall consider among other matters: | 2 | | (a) the nature and seriousness of
the alleged offense; (b) the | 3 | | minor's record of delinquency offenses,
including whether the | 4 | | minor has delinquency cases pending; (c) the minor's
record of | 5 | | willful failure to appear following the issuance of a summons | 6 | | or
warrant; (d) the availability of non-custodial | 7 | | alternatives, including the
presence of a parent, guardian or | 8 | | other responsible relative able and willing
to provide | 9 | | supervision and care for the minor and to assure his or her
| 10 | | compliance with a summons. If the minor is ordered placed in a | 11 | | shelter care
facility of a licensed child welfare agency, the | 12 | | court shall, upon request of
the agency, appoint the | 13 | | appropriate agency executive temporary custodian of the
minor | 14 | | and the court may enter such other orders related to the | 15 | | temporary
custody of the minor as it deems fit and proper.
| 16 | | The order together with the court's findings of fact in | 17 | | support of the order
shall
be entered
of record in the court.
| 18 | | Once the court finds that it is a matter of immediate and | 19 | | urgent necessity
for the protection of the minor that the minor | 20 | | be placed in a shelter care
facility, the minor shall not be | 21 | | returned to the parent, custodian or guardian
until the court | 22 | | finds that the placement is no longer necessary for the
| 23 | | protection of the minor.
| 24 | | (3) Only when there is reasonable cause to believe that the | 25 | | minor taken
into custody is a delinquent minor may the minor be | 26 | | kept or detained in a
facility authorized for juvenile |
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| 1 | | detention. This Section shall in no way be
construed to limit
| 2 | | subsection (4).
| 3 | | (4) Minors 12 years of age or older must be kept separate | 4 | | from confined
adults and may not at any time be kept in the | 5 | | same cell, room or yard with
confined adults. This paragraph | 6 | | (4):
| 7 | | (a) shall only apply to confinement pending an | 8 | | adjudicatory hearing
and
shall not exceed 40 hours, | 9 | | excluding Saturdays, Sundays, and court designated
| 10 | | holidays. To accept or hold minors during this time period, | 11 | | county jails shall
comply with all monitoring standards | 12 | | adopted
by the Department of Corrections and training | 13 | | standards approved by the
Illinois Law Enforcement | 14 | | Training Standards Board.
| 15 | | (b) To accept or hold minors, 12 years of age or older, | 16 | | after the time
period prescribed in clause (a) of | 17 | | subsection (4) of this Section but not
exceeding 7
days | 18 | | including Saturdays, Sundays, and holidays, pending an | 19 | | adjudicatory
hearing, county jails shall comply with all | 20 | | temporary detention standards adopted
by
the Department of | 21 | | Corrections and training standards approved by the | 22 | | Illinois
Law Enforcement Training Standards Board.
| 23 | | (c) To accept or hold minors 12 years of age or older, | 24 | | after the time
period prescribed in clause (a) and (b), of | 25 | | this subsection county jails shall
comply with all county | 26 | | juvenile detention standards adopted by the Department of |
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| 1 | | Juvenile Justice.
| 2 | | (5) If the minor is not brought before a judicial officer | 3 | | within the time
period as specified in Section 5-415 the minor | 4 | | must immediately be released
from
custody.
| 5 | | (6) If neither the parent, guardian or legal custodian | 6 | | appears within 24
hours to take custody of a minor released | 7 | | from detention or shelter care, then
the clerk of the court | 8 | | shall set the matter for rehearing not later than 7 days
after | 9 | | the original order and shall issue a summons directed to the | 10 | | parent,
guardian or legal custodian to appear. At the same time | 11 | | the probation
department shall prepare a report on the minor. | 12 | | If a parent, guardian or legal
custodian does not appear at | 13 | | such rehearing, the judge may enter an order
prescribing that | 14 | | the minor be kept in a suitable place designated by the
| 15 | | Department of Human Services or a licensed child welfare | 16 | | agency.
The time during which a minor is in custody after being | 17 | | released upon the
request of a parent, guardian or legal | 18 | | custodian shall be considered as time
spent in detention for | 19 | | purposes of scheduling the trial.
| 20 | | (7) Any party, including the State, the temporary | 21 | | custodian, an agency
providing services to the minor or family | 22 | | under a service plan pursuant to
Section 8.2 of the Abused and | 23 | | Neglected Child Reporting Act, foster parent, or
any of their | 24 | | representatives, may file a
motion to modify or vacate a | 25 | | temporary custody order or vacate a detention or
shelter care | 26 | | order on any of the following grounds:
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| 1 | | (a) It is no longer a matter of immediate and urgent | 2 | | necessity that the
minor remain in detention or shelter | 3 | | care; or
| 4 | | (b) There is a material change in the circumstances of | 5 | | the natural family
from which the minor was removed; or
| 6 | | (c) A person, including a parent, relative or legal | 7 | | guardian, is capable
of assuming temporary custody of the | 8 | | minor; or
| 9 | | (d) Services provided by the Department of Children and | 10 | | Family Services
or a
child welfare agency or other service | 11 | | provider have been successful in
eliminating the need for | 12 | | temporary custody.
| 13 | | The clerk shall set the matter for hearing not later than | 14 | | 14 days after such
motion is filed. In the event that the court | 15 | | modifies or vacates a temporary
order but does not vacate its | 16 | | finding of probable cause, the court may order
that appropriate | 17 | | services be continued or initiated in behalf of the minor and
| 18 | | his or her family.
| 19 | | (8) Whenever a petition has been filed under Section 5-520 | 20 | | the court can,
at
any time prior to trial or sentencing, order | 21 | | that the minor be placed in
detention or a shelter care | 22 | | facility after the court conducts a hearing and
finds that the | 23 | | conduct and behavior of the minor may endanger the health,
| 24 | | person, welfare, or property of himself or others or that the | 25 | | circumstances
of his or her home environment may endanger his | 26 | | or her health, person, welfare
or property.
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| 1 | | (9) If a petition is filed under Section 5-520 of this Act | 2 | | for an act that if committed by an adult would be a violation | 3 | | of any offense in Article 18 or 19 of the Criminal Code of | 4 | | 2012, the court may impose, as a condition of release from | 5 | | detention or shelter care, that the minor be required to wear | 6 | | an approved electronic monitoring device as defined in Section | 7 | | 5-8A-2 of the Unified Code of Corrections that has a Global | 8 | | Positioning System (GPS) for the duration of the minor's | 9 | | release from detention or shelter care. The data obtained from | 10 | | the GPS device shall not be monitored in real time, but shall | 11 | | be available to law enforcement agencies in automated 24 hour | 12 | | reports. | 13 | | (Source: P.A. 98-685, eff. 1-1-15 .)
| 14 | | Section 10. The Code of Criminal Procedure of 1963 is | 15 | | amended by changing Section 110-10 as follows:
| 16 | | (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
| 17 | | Sec. 110-10. Conditions of bail bond.
| 18 | | (a) If a person is released prior to conviction, either | 19 | | upon payment of
bail security or on his or her own | 20 | | recognizance, the conditions of the bail
bond shall be that he | 21 | | or she will:
| 22 | | (1) Appear to answer the charge in the court having | 23 | | jurisdiction on
a day certain and thereafter as ordered by | 24 | | the court until discharged or
final order of the court;
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| 1 | | (2) Submit himself or herself to the orders and process | 2 | | of the court;
| 3 | | (3) Not depart this State without leave of the court;
| 4 | | (4) Not violate any criminal statute of any | 5 | | jurisdiction;
| 6 | | (5) At a time and place designated by the court, | 7 | | surrender all firearms
in his or her possession to a law | 8 | | enforcement officer designated by the court
to take custody | 9 | | of and impound the firearms
and physically
surrender his or | 10 | | her Firearm Owner's Identification Card to the clerk of the
| 11 | | circuit court
when the offense the person has
been charged | 12 | | with is a forcible felony, stalking, aggravated stalking, | 13 | | domestic
battery, any violation of the Illinois Controlled | 14 | | Substances Act, the Methamphetamine Control and Community | 15 | | Protection Act, or the
Cannabis Control Act that is | 16 | | classified as a Class 2 or greater felony, or any
felony | 17 | | violation of Article 24 of the Criminal Code of 1961 or the | 18 | | Criminal Code of 2012; the court
may,
however, forgo the | 19 | | imposition of this condition when the
circumstances of the
| 20 | | case clearly do not warrant it or when its imposition would | 21 | | be
impractical;
if the Firearm Owner's Identification Card | 22 | | is confiscated, the clerk of the circuit court shall mail | 23 | | the confiscated card to the Illinois State Police; all | 24 | | legally possessed firearms shall be returned to the person | 25 | | upon
the charges being dismissed, or if the person is found | 26 | | not guilty, unless the
finding of not guilty is by reason |
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| 1 | | of insanity; and
| 2 | | (6) At a time and place designated by the court, submit | 3 | | to a
psychological
evaluation when the person has been | 4 | | charged with a violation of item (4) of
subsection
(a) of | 5 | | Section 24-1 of the Criminal Code of 1961 or the Criminal | 6 | | Code of 2012 and that violation occurred in
a school
or in | 7 | | any conveyance owned, leased, or contracted by a school to | 8 | | transport
students to or
from school or a school-related | 9 | | activity, or on any public way within 1,000
feet of real
| 10 | | property comprising any school.
| 11 | | Psychological evaluations ordered pursuant to this Section | 12 | | shall be completed
promptly
and made available to the State, | 13 | | the defendant, and the court. As a further
condition of bail | 14 | | under
these circumstances, the court shall order the defendant | 15 | | to refrain from
entering upon the
property of the school, | 16 | | including any conveyance owned, leased, or contracted
by a | 17 | | school to
transport students to or from school or a | 18 | | school-related activity, or on any public way within
1,000 feet | 19 | | of real property comprising any school. Upon receipt of the | 20 | | psychological evaluation,
either the State or the defendant may | 21 | | request a change in the conditions of bail, pursuant to
Section | 22 | | 110-6 of this Code. The court may change the conditions of bail | 23 | | to include a
requirement that the defendant follow the | 24 | | recommendations of the psychological evaluation,
including | 25 | | undergoing psychiatric treatment. The conclusions of the
| 26 | | psychological evaluation and
any statements elicited from the |
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| 1 | | defendant during its administration are not
admissible as | 2 | | evidence
of guilt during the course of any trial on the charged | 3 | | offense, unless the
defendant places his or her
mental | 4 | | competency in issue.
| 5 | | (b) The court may impose other conditions, such as the | 6 | | following, if the
court finds that such conditions are | 7 | | reasonably necessary to assure the
defendant's appearance in | 8 | | court, protect the public from the defendant, or
prevent the | 9 | | defendant's unlawful interference with the orderly | 10 | | administration
of justice:
| 11 | | (1) Report to or appear in person before such person or | 12 | | agency as the
court may direct;
| 13 | | (2) Refrain from possessing a firearm or other | 14 | | dangerous weapon;
| 15 | | (3) Refrain from approaching or communicating with | 16 | | particular persons or
classes of persons;
| 17 | | (4) Refrain from going to certain described | 18 | | geographical areas or
premises;
| 19 | | (5) Refrain from engaging in certain activities or | 20 | | indulging in
intoxicating liquors or in certain drugs;
| 21 | | (6) Undergo treatment for drug addiction or | 22 | | alcoholism;
| 23 | | (7) Undergo medical or psychiatric treatment;
| 24 | | (8) Work or pursue a course of study or vocational | 25 | | training;
| 26 | | (9) Attend or reside in a facility designated by the |
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| 1 | | court;
| 2 | | (10) Support his or her dependents;
| 3 | | (11) If a minor resides with his or her parents or in a | 4 | | foster home,
attend school, attend a non-residential | 5 | | program for youths, and contribute
to his or her own | 6 | | support at home or in a foster home;
| 7 | | (12) Observe any curfew ordered by the court;
| 8 | | (13) Remain in the custody of such designated person or | 9 | | organization
agreeing to supervise his release. Such third | 10 | | party custodian shall be
responsible for notifying the | 11 | | court if the defendant fails to observe the
conditions of | 12 | | release which the custodian has agreed to monitor, and | 13 | | shall
be subject to contempt of court for failure so to | 14 | | notify the court;
| 15 | | (14) Be placed under direct supervision of the Pretrial | 16 | | Services
Agency, Probation Department or Court Services | 17 | | Department in a pretrial
bond home supervision capacity | 18 | | with or without the use of an approved
electronic | 19 | | monitoring device subject to Article 8A of Chapter V of the
| 20 | | Unified Code of Corrections;
| 21 | | (14.1) The court shall impose upon a defendant who is | 22 | | charged with any
alcohol, cannabis, methamphetamine, or | 23 | | controlled substance violation or a violation of any | 24 | | offense in Article 18 or 19 of the Criminal Code of 2012 | 25 | | and is placed under
direct supervision of the Pretrial | 26 | | Services Agency, Probation Department or
Court Services |
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| 1 | | Department in a pretrial bond home supervision capacity | 2 | | with
the use of an approved electronic monitoring device as | 3 | | defined in Section 5-8A-2 of the Unified Code of | 4 | | Corrections that has a Global Positioning System (GPS) , as | 5 | | a condition of such bail bond,
a fee that represents costs | 6 | | incidental to the electronic monitoring for each
day of | 7 | | such bail supervision ordered by the
court, unless after | 8 | | determining the inability of the defendant to pay the
fee, | 9 | | the court assesses a lesser fee or no fee as the case may | 10 | | be. The fee
shall be collected by the clerk of the circuit | 11 | | court. The clerk of the
circuit court shall pay all monies | 12 | | collected from this fee to the county
treasurer for deposit | 13 | | in the substance abuse services fund under Section
5-1086.1 | 14 | | of the Counties Code . The data obtained from the GPS device | 15 | | shall not be monitored in real time, but shall be available | 16 | | to law enforcement agencies in automated 24 hour reports ;
| 17 | | (14.2) The court shall impose upon all defendants, | 18 | | including those
defendants subject to paragraph (14.1) | 19 | | above, placed under direct supervision
of the Pretrial | 20 | | Services Agency, Probation Department or Court Services
| 21 | | Department in a pretrial bond home supervision capacity | 22 | | with the use of an
approved electronic monitoring device as | 23 | | defined in Section 5-8A-2 of the Unified Code of | 24 | | Corrections that has a Global Positioning System (GPS) , as | 25 | | a condition of such bail bond, a fee
which shall represent | 26 | | costs incidental to such
electronic monitoring for each day |
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| 1 | | of such bail supervision ordered by the
court, unless after | 2 | | determining the inability of the defendant to pay the fee,
| 3 | | the court assesses a lesser fee or no fee as the case may | 4 | | be. The fee shall be
collected by the clerk of the circuit | 5 | | court. The clerk of the circuit court
shall pay all monies | 6 | | collected from this fee to the county treasurer who shall
| 7 | | use the monies collected to defray the costs of | 8 | | corrections. The county
treasurer shall deposit the fee | 9 | | collected in the county working cash fund under
Section | 10 | | 6-27001 or Section 6-29002 of the Counties Code, as the | 11 | | case may
be . The data obtained from the GPS device shall | 12 | | not be monitored in real time, but shall be available to | 13 | | law enforcement agencies in automated 24 hour reports ;
| 14 | | (14.3) The Chief Judge of the Judicial Circuit may | 15 | | establish reasonable
fees to be paid by a person receiving | 16 | | pretrial services while under supervision
of a pretrial | 17 | | services agency, probation department, or court services
| 18 | | department. Reasonable fees may be charged for pretrial | 19 | | services
including, but not limited to, pretrial | 20 | | supervision, diversion programs,
electronic monitoring, | 21 | | victim impact services, drug and alcohol testing, DNA | 22 | | testing, GPS electronic monitoring, assessments and | 23 | | evaluations related to domestic violence and other | 24 | | victims, and
victim mediation services. The person | 25 | | receiving pretrial services may be
ordered to pay all costs | 26 | | incidental to pretrial services in accordance with his
or |
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| 1 | | her ability to pay those costs;
| 2 | | (14.4) For persons charged with violating Section | 3 | | 11-501 of the Illinois
Vehicle Code, refrain from operating | 4 | | a motor vehicle not equipped with an
ignition interlock | 5 | | device, as defined in Section 1-129.1 of the Illinois
| 6 | | Vehicle Code,
pursuant to the rules promulgated by the | 7 | | Secretary of State for the
installation of ignition
| 8 | | interlock devices. Under this condition the court may allow | 9 | | a defendant who is
not
self-employed to operate a vehicle | 10 | | owned by the defendant's employer that is
not equipped with | 11 | | an ignition interlock device in the course and scope of the
| 12 | | defendant's employment;
| 13 | | (15) Comply with the terms and conditions of an order | 14 | | of protection
issued by the court under the Illinois | 15 | | Domestic Violence Act of 1986 or an
order of protection | 16 | | issued by the court of another state, tribe, or United
| 17 | | States territory;
| 18 | | (16) Under Section 110-6.5 comply with the conditions | 19 | | of the drug testing
program; and
| 20 | | (17) Such other reasonable conditions as the court may | 21 | | impose.
| 22 | | (c) When a person is charged with an offense under Section | 23 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
| 24 | | 12-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the | 25 | | Criminal Code of 2012, involving a victim who is a
minor under | 26 | | 18 years of age living in the same household with the defendant
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| 1 | | at the time of the offense, in granting bail or releasing the | 2 | | defendant on
his own recognizance, the judge shall impose | 3 | | conditions to restrict the
defendant's access to the victim | 4 | | which may include, but are not limited to
conditions that he | 5 | | will:
| 6 | | 1. Vacate the Household.
| 7 | | 2. Make payment of temporary support to his dependents.
| 8 | | 3. Refrain from contact or communication with the child | 9 | | victim, except
as ordered by the court.
| 10 | | (d) When a person is charged with a criminal offense and | 11 | | the victim is
a family or household member as defined in | 12 | | Article 112A, conditions shall
be imposed at the time of the | 13 | | defendant's release on bond that restrict the
defendant's | 14 | | access to the victim.
Unless provided otherwise by the court, | 15 | | the
restrictions shall include
requirements that the defendant | 16 | | do the following:
| 17 | | (1) refrain from contact or communication with the | 18 | | victim for a
minimum period of 72 hours following the | 19 | | defendant's release; and
| 20 | | (2) refrain from entering or remaining at the victim's | 21 | | residence for a
minimum period of 72 hours following the | 22 | | defendant's release.
| 23 | | (e) Local law enforcement agencies shall develop | 24 | | standardized bond forms
for use in cases involving family or | 25 | | household members as defined in
Article 112A, including | 26 | | specific conditions of bond as provided in
subsection (d). |
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| 1 | | Failure of any law enforcement department to develop or use
| 2 | | those forms shall in no way limit the applicability and | 3 | | enforcement of
subsections (d) and (f).
| 4 | | (f) If the defendant is admitted to bail after conviction | 5 | | the
conditions of the bail bond shall be that he will, in | 6 | | addition to the
conditions set forth in subsections (a) and (b) | 7 | | hereof:
| 8 | | (1) Duly prosecute his appeal;
| 9 | | (2) Appear at such time and place as the court may | 10 | | direct;
| 11 | | (3) Not depart this State without leave of the court;
| 12 | | (4) Comply with such other reasonable conditions as the | 13 | | court may
impose; and
| 14 | | (5) If the judgment is affirmed or the cause reversed | 15 | | and remanded
for a new trial, forthwith surrender to the | 16 | | officer from whose custody
he was bailed.
| 17 | | (g) Upon a finding of guilty for any felony offense, the | 18 | | defendant shall
physically surrender, at a time and place | 19 | | designated by the court,
any and all firearms in his or her | 20 | | possession and his or her Firearm Owner's
Identification Card | 21 | | as a condition of remaining on bond pending sentencing.
| 22 | | (Source: P.A. 96-340, eff. 8-11-09; 96-1551, eff. 7-1-11; | 23 | | 97-401, eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1150, eff. | 24 | | 1-25-13.)
| 25 | | Section 15. The Unified Code of Corrections is amended by |
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| 1 | | changing Section 3-3-7 as follows: | 2 | | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | 3 | | Sec. 3-3-7. Conditions of Parole, Mandatory Supervised | 4 | | Release, or Aftercare Release.
| 5 | | (a) The conditions of parole, aftercare release, or | 6 | | mandatory
supervised release shall be such as the Prisoner | 7 | | Review
Board deems necessary to assist the subject in leading a
| 8 | | law-abiding life. The conditions of every parole, aftercare | 9 | | release, and mandatory
supervised release are that the subject:
| 10 | | (1) not violate any criminal statute of any | 11 | | jurisdiction
during the parole, aftercare release, or | 12 | | release term;
| 13 | | (2) refrain from possessing a firearm or other | 14 | | dangerous
weapon;
| 15 | | (3) report to an agent of the Department of Corrections | 16 | | or to the Department of Juvenile Justice;
| 17 | | (4) permit the agent or aftercare specialist to visit | 18 | | him or her at his or her home, employment,
or
elsewhere to | 19 | | the
extent necessary for the agent or aftercare specialist | 20 | | to discharge his or her duties;
| 21 | | (5) attend or reside in a facility established for the | 22 | | instruction or
residence
of persons on
parole, aftercare | 23 | | release, or mandatory supervised release;
| 24 | | (6) secure permission before visiting or writing a | 25 | | committed person in an
Illinois Department
of Corrections |
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| 1 | | facility;
| 2 | | (7) report all arrests to an agent of the Department of | 3 | | Corrections or to the Department of Juvenile Justice as
| 4 | | soon as
permitted by the
arresting authority but in no | 5 | | event later than 24 hours after release from
custody and | 6 | | immediately report service or notification of an order of | 7 | | protection, a civil no contact order, or a stalking no | 8 | | contact order to an agent of the Department of Corrections;
| 9 | | (7.5) if convicted of a sex offense as defined in the | 10 | | Sex Offender
Management Board Act, the individual shall | 11 | | undergo and successfully complete
sex offender treatment | 12 | | conducted in conformance with the standards developed by
| 13 | | the Sex
Offender Management Board Act by a treatment | 14 | | provider approved by the Board;
| 15 | | (7.6) if convicted of a sex offense as defined in the | 16 | | Sex Offender
Management Board Act, refrain from residing at | 17 | | the same address or in the same condominium unit or | 18 | | apartment unit or in the same condominium complex or | 19 | | apartment complex with another person he or she knows or | 20 | | reasonably should know is a convicted sex offender or has | 21 | | been placed on supervision for a sex offense; the | 22 | | provisions of this paragraph do not apply to a person | 23 | | convicted of a sex offense who is placed in a Department of | 24 | | Corrections licensed transitional housing facility for sex | 25 | | offenders, or is in any facility operated or licensed by | 26 | | the Department of Children and Family Services or by the |
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| 1 | | Department of Human Services, or is in any licensed medical | 2 | | facility;
| 3 | | (7.7) if convicted for an offense that would qualify | 4 | | the accused as a sexual predator under the Sex Offender | 5 | | Registration Act on or after January 1, 2007 (the effective | 6 | | date of Public Act 94-988), wear an approved electronic | 7 | | monitoring device as defined in Section 5-8A-2 for the | 8 | | duration of the person's parole, aftercare release, | 9 | | mandatory supervised release term, or extended mandatory | 10 | | supervised release term and if convicted for an offense of | 11 | | criminal sexual assault, aggravated criminal sexual | 12 | | assault, predatory criminal sexual assault of a child, | 13 | | criminal sexual abuse, aggravated criminal sexual abuse, | 14 | | or ritualized abuse of a child committed on or after August | 15 | | 11, 2009 (the effective date of Public Act 96-236) when the | 16 | | victim was under 18 years of age at the time of the | 17 | | commission of the offense and the defendant used force or | 18 | | the threat of force in the commission of the offense wear | 19 | | an approved electronic monitoring device as defined in | 20 | | Section 5-8A-2 that has Global Positioning System (GPS) | 21 | | capability for the duration of the person's parole, | 22 | | aftercare release, mandatory supervised release term, or | 23 | | extended mandatory supervised release term;
| 24 | | (7.8) if convicted for an offense committed on or after | 25 | | June 1, 2008 (the effective date of Public Act 95-464) that | 26 | | would qualify the accused as a child sex offender as |
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| 1 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 2 | | 1961 or the Criminal Code of 2012, refrain from | 3 | | communicating with or contacting, by means of the Internet, | 4 | | a person who is not related to the accused and whom the | 5 | | accused reasonably believes to be under 18 years of age; | 6 | | for purposes of this paragraph (7.8), "Internet" has the | 7 | | meaning ascribed to it in Section 16-0.1 of the Criminal | 8 | | Code of 2012; and a person is not related to the accused if | 9 | | the person is not: (i) the spouse, brother, or sister of | 10 | | the accused; (ii) a descendant of the accused; (iii) a | 11 | | first or second cousin of the accused; or (iv) a step-child | 12 | | or adopted child of the accused;
| 13 | | (7.9)
if convicted under Section 11-6, 11-20.1, | 14 | | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or | 15 | | the Criminal Code of 2012, consent to search of computers, | 16 | | PDAs, cellular phones, and other devices under his or her | 17 | | control that are capable of accessing the Internet or | 18 | | storing electronic files, in order to confirm Internet | 19 | | protocol addresses reported in accordance with the Sex | 20 | | Offender Registration Act and compliance with conditions | 21 | | in this Act;
| 22 | | (7.10)
if convicted for an offense that would qualify | 23 | | the accused as a sex offender or sexual predator under the | 24 | | Sex Offender Registration Act on or after June 1, 2008 (the | 25 | | effective date of Public Act 95-640), not possess | 26 | | prescription drugs for erectile dysfunction;
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| 1 | | (7.11) if convicted for an offense under Section 11-6, | 2 | | 11-9.1, 11-14.4 that involves soliciting for a juvenile | 3 | | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | 4 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 5 | | or any attempt to commit any of these offenses, committed | 6 | | on or after June 1, 2009 (the effective date of Public Act | 7 | | 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, aftercare specialist, a law enforcement | 15 | | officer, or assigned computer or information | 16 | | technology specialist, including the retrieval and | 17 | | copying of all data from the computer or device and any | 18 | | internal or external peripherals and removal of such | 19 | | information, equipment, or device to conduct a more | 20 | | thorough inspection; | 21 | | (iii) submit to the installation on the offender's | 22 | | computer or device with Internet capability, at the | 23 | | offender's expense, of one or more hardware or software | 24 | | systems to monitor the Internet use; and | 25 | | (iv) submit to any other appropriate restrictions | 26 | | concerning the offender's use of or access to a |
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| 1 | | computer or any other device with Internet capability | 2 | | imposed by the Board, the Department or the offender's | 3 | | supervising agent or aftercare specialist; | 4 | | (7.12) if convicted of a sex offense as defined in the | 5 | | Sex Offender
Registration Act committed on or after January | 6 | | 1, 2010 (the effective date of Public Act 96-262), refrain | 7 | | from accessing or using a social networking website as | 8 | | defined in Section 17-0.5 of the Criminal Code of 2012;
| 9 | | (7.13) if convicted of a sex offense as defined in | 10 | | Section 2 of the Sex Offender Registration Act committed on | 11 | | or after January 1, 2010 (the effective date of Public Act | 12 | | 96-362) that requires the person to register as a sex | 13 | | offender under that Act, may not knowingly use any computer | 14 | | scrub software on any computer that the sex offender uses; | 15 | | (8) obtain permission of an agent of the Department of | 16 | | Corrections or the Department of Juvenile Justice before
| 17 | | leaving the
State of Illinois;
| 18 | | (9) obtain permission of an agent of the Department of | 19 | | Corrections or the Department of Juvenile Justice before
| 20 | | changing
his or her residence or employment;
| 21 | | (10) consent to a search of his or her person, | 22 | | property, or residence
under his or her
control;
| 23 | | (11) refrain from the use or possession of narcotics or | 24 | | other controlled
substances in
any form, or both, or any | 25 | | paraphernalia related to those substances and submit
to a
| 26 | | urinalysis test as instructed by a parole agent of the |
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| 1 | | Department of
Corrections or an aftercare specialist of the | 2 | | Department of Juvenile Justice;
| 3 | | (12) not frequent places where controlled substances | 4 | | are illegally sold,
used,
distributed, or administered;
| 5 | | (13) not knowingly associate with other persons on | 6 | | parole, aftercare release, or mandatory
supervised
release | 7 | | without prior written permission of his or her parole agent | 8 | | or aftercare specialist and not
associate with
persons who | 9 | | are members of an organized gang as that term is defined in | 10 | | the
Illinois
Streetgang Terrorism Omnibus Prevention Act;
| 11 | | (14) provide true and accurate information, as it | 12 | | relates to his or her
adjustment in the
community while on | 13 | | parole, aftercare release, or mandatory supervised release | 14 | | or to his or her
conduct
while incarcerated, in response to | 15 | | inquiries by his or her parole agent or of
the
Department | 16 | | of Corrections or by his or her aftercare specialist or of | 17 | | the Department of Juvenile Justice;
| 18 | | (15) follow any specific instructions provided by the | 19 | | parole agent or aftercare specialist that
are consistent
| 20 | | with furthering conditions set and approved by the Prisoner | 21 | | Review Board or by
law,
exclusive of placement on | 22 | | electronic detention, to achieve the goals and
objectives | 23 | | of his
or her parole, aftercare release, or mandatory | 24 | | supervised release or to protect the public. These
| 25 | | instructions by the parole agent or aftercare specialist | 26 | | may be modified at any time, as the agent or aftercare |
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| 1 | | specialist
deems
appropriate;
| 2 | | (16) if convicted of a sex offense as defined in | 3 | | subsection (a-5) of Section 3-1-2 of this Code, unless the | 4 | | offender is a parent or guardian of the person under 18 | 5 | | years of age present in the home and no non-familial minors | 6 | | are present, not participate in a holiday event involving | 7 | | children under 18 years of age, such as distributing candy | 8 | | or other items to children on Halloween, wearing a Santa | 9 | | Claus costume on or preceding Christmas, being employed as | 10 | | a department store Santa Claus, or wearing an Easter Bunny | 11 | | costume on or preceding Easter; | 12 | | (17) if convicted of a violation of an order of | 13 | | protection under Section 12-3.4 or Section 12-30 of the | 14 | | Criminal Code of 1961 or the Criminal Code of 2012, be | 15 | | placed under electronic surveillance as provided in | 16 | | Section 5-8A-7 of this Code; | 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; and | 24 | | (19) if convicted of a violation of the Methamphetamine | 25 | | Control and Community Protection Act, the Methamphetamine
| 26 | | Precursor Control Act, or a methamphetamine related |
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| 1 | | offense, be: | 2 | | (A) prohibited from purchasing, possessing, or | 3 | | having under his or her control any product containing | 4 | | pseudoephedrine unless prescribed by a physician; and | 5 | | (B) prohibited from purchasing, possessing, or | 6 | | having under his or her control any product containing | 7 | | ammonium nitrate ; and | 8 | | (20) if convicted of any offense in Article 18 or 19 of | 9 | | the Criminal Code of 2012, the court may impose, as a | 10 | | condition of parole, aftercare release, mandatory | 11 | | supervised release, or extended mandatory supervised | 12 | | release, that the defendant be required to wear an approved | 13 | | monitoring device as defined in Section 5-8A-2 of this Code | 14 | | that has a Global Positioning System (GPS) for the duration | 15 | | of the defendant's parole, aftercare release, mandatory | 16 | | supervised release, or extended mandatory supervised | 17 | | release. The data obtained from the GPS device shall not be | 18 | | monitored in real time, but shall be available to law | 19 | | enforcement agencies in automated 24 hour reports . | 20 | | (b) The Board may in addition to other conditions
require | 21 | | that the subject:
| 22 | | (1) work or pursue a course of study or vocational | 23 | | training;
| 24 | | (2) undergo medical or psychiatric treatment, or | 25 | | treatment
for drug addiction or alcoholism;
| 26 | | (3) attend or reside in a facility established for the
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| 1 | | instruction or residence of persons on probation or parole;
| 2 | | (4) support his or her dependents;
| 3 | | (5) (blank);
| 4 | | (6) (blank);
| 5 | | (7) (blank);
| 6 | | (7.5) if convicted for an offense committed on or after | 7 | | the effective date of this amendatory Act of the 95th | 8 | | General Assembly that would qualify the accused as a child | 9 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the | 10 | | Criminal Code of 1961 or the Criminal Code of 2012, refrain | 11 | | from communicating with or contacting, by means of the | 12 | | Internet, a person who is related to the accused and whom | 13 | | the accused reasonably believes to be under 18 years of | 14 | | age; for purposes of this paragraph (7.5), "Internet" has | 15 | | the meaning ascribed to it in Section 16-0.1 of the | 16 | | Criminal Code of 2012; and a person is related to the | 17 | | accused if the person is: (i) the spouse, brother, or | 18 | | sister of the accused; (ii) a descendant of the accused; | 19 | | (iii) a first or second cousin of the accused; or (iv) a | 20 | | 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 or aftercare specialist, a law enforcement | 6 | | officer, or assigned computer or information | 7 | | technology specialist, including the retrieval and | 8 | | copying of all data from the computer or device and any | 9 | | internal or external peripherals and removal of such | 10 | | information, equipment, or device to conduct a more | 11 | | thorough inspection; | 12 | | (iii) submit to the installation on the offender's | 13 | | computer or device with Internet capability, at the | 14 | | offender's expense, of one or more hardware or software | 15 | | systems to monitor the Internet use; and | 16 | | (iv) submit to any other appropriate restrictions | 17 | | concerning the offender's use of or access to a | 18 | | computer or any other device with Internet capability | 19 | | imposed by the Board, the Department or the offender's | 20 | | supervising agent or aftercare specialist; and
| 21 | | (8) in addition, if a minor:
| 22 | | (i) reside with his or her parents or in a foster | 23 | | home;
| 24 | | (ii) attend school;
| 25 | | (iii) attend a non-residential program for youth; | 26 | | or
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| 1 | | (iv) contribute to his or her own support at home | 2 | | or in a foster
home.
| 3 | | (b-1) In addition to the conditions set forth in | 4 | | subsections (a) and (b), persons required to register as sex | 5 | | offenders pursuant to the Sex Offender Registration Act, upon | 6 | | release from the custody of the Illinois Department of | 7 | | Corrections or Department of Juvenile Justice, may be required | 8 | | by the Board to comply with the following specific conditions | 9 | | of release: | 10 | | (1) reside only at a Department approved location; | 11 | | (2) comply with all requirements of the Sex Offender | 12 | | Registration Act;
| 13 | | (3) notify
third parties of the risks that may be | 14 | | occasioned by his or her criminal record; | 15 | | (4) obtain the approval of an agent of the Department | 16 | | of Corrections or the Department of Juvenile Justice prior | 17 | | to accepting employment or pursuing a course of study or | 18 | | vocational training and notify the Department prior to any | 19 | | change in employment, study, or training; | 20 | | (5) not be employed or participate in any
volunteer | 21 | | activity that involves contact with children, except under | 22 | | circumstances approved in advance and in writing by an | 23 | | agent of the Department of Corrections or the Department of | 24 | | Juvenile Justice; | 25 | | (6) be electronically monitored for a minimum of 12 | 26 | | months from the date of release as determined by the Board;
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| 1 | | (7) refrain from entering into a designated
geographic | 2 | | area except upon terms approved in advance by an agent of | 3 | | the Department of Corrections or the Department of Juvenile | 4 | | Justice. The terms may include consideration of the purpose | 5 | | of the entry, the time of day, and others accompanying the | 6 | | person; | 7 | | (8) refrain from having any contact, including
written | 8 | | or oral communications, directly or indirectly, personally | 9 | | or by telephone, letter, or through a third party with | 10 | | certain specified persons including, but not limited to, | 11 | | the victim or the victim's family without the prior written | 12 | | approval of an agent of the Department of Corrections or | 13 | | the Department of Juvenile Justice; | 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 or | 18 | | the Department of Juvenile Justice; | 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 or the Department of Juvenile | 10 | | Justice and immediately report any incidental contact with | 11 | | minor children to the Department; | 12 | | (13) not possess or have under his or her control
| 13 | | certain specified items of contraband related to the | 14 | | incidence of sexually offending as determined by an agent | 15 | | of the Department of Corrections or the Department of | 16 | | Juvenile Justice; | 17 | | (14) may be required to provide a written daily log of | 18 | | activities
if directed by an agent of the Department of | 19 | | Corrections or the Department of Juvenile Justice; | 20 | | (15) comply with all other special conditions
that the | 21 | | Department may impose that restrict the person from | 22 | | high-risk situations and limit access to potential | 23 | | victims; | 24 | | (16) take an annual polygraph exam; | 25 | | (17) maintain a log of his or her travel; or | 26 | | (18) obtain prior approval of his or her parole officer |
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| 1 | | or aftercare specialist before driving alone in a motor | 2 | | vehicle.
| 3 | | (c) The conditions under which the parole, aftercare | 4 | | release, or mandatory
supervised release is to be served shall | 5 | | be communicated to
the person in writing prior to his or her | 6 | | release, and he or she shall
sign the same before release. A | 7 | | signed copy of these conditions,
including a copy of an order | 8 | | of protection where one had been issued by the
criminal court, | 9 | | shall be retained by the person and another copy forwarded to
| 10 | | the officer or aftercare specialist in charge of his or her | 11 | | supervision.
| 12 | | (d) After a hearing under Section 3-3-9, the Prisoner
| 13 | | Review Board may modify or enlarge the conditions of parole, | 14 | | aftercare release,
or mandatory supervised release.
| 15 | | (e) The Department shall inform all offenders committed to
| 16 | | the Department of the optional services available to them
upon | 17 | | release and shall assist inmates in availing themselves
of such | 18 | | optional services upon their release on a voluntary
basis. | 19 | | (f) (Blank).
| 20 | | (Source: P.A. 97-50, eff. 6-28-11; 97-531, eff. 1-1-12; 97-560, | 21 | | eff. 1-1-12; 97-597, eff. 1-1-12; 97-1109, eff. 1-1-13; | 22 | | 97-1150, eff. 1-25-13; 98-558, eff. 1-1-14.)
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