Full Text of HB5492 97th General Assembly
HB5492 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5492 Introduced 2/15/2012, by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED: |
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730 ILCS 5/3-3-5 | from Ch. 38, par. 1003-3-5 |
730 ILCS 5/3-3-7 | from Ch. 38, par. 1003-3-7 |
730 ILCS 5/3-3-8 | from Ch. 38, par. 1003-3-8 |
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Amends the Unified Code of Corrections. Provides that a person committed under the Juvenile Court Act of 1987 shall be released on parole to serve an initial minimum period of at least 90 days, but no more than 6 months on parole. Provides that the youth's parole officer shall discharge the youth from parole prior to completion of the initial period if the officer determines it is in the youth's best interest. Provides that the Department of Juvenile Justice may discharge a youth from aftercare upon the youth's successful completion of the case plan and cooperation with parole conditions. Provides that the Prisoner Review Board may review and revise successful discharge decisions within 10 business days. Provides that the Prisoner Review Board, at the expiration of the initial mandatory parole period, may, upon a hearing and for good cause shown, extend the supervision up to 6 months. Provides that the Illinois Juvenile Justice Commission shall submit a report by December 30, 2012 to the General Assembly with recommendations regarding youth-specific parole conditions. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning corrections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Sections 3-3-5, 3-3-7, and 3-3-8 as follows:
| 6 | | (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
| 7 | | Sec. 3-3-5. Hearing and Determination.
| 8 | | (a) The Prisoner
Review Board shall meet as often as need | 9 | | requires to consider
the cases of persons eligible for parole. | 10 | | Except as otherwise
provided in paragraph (2) of subsection (a) | 11 | | of Section 3-3-2
of this Act, the Prisoner Review Board may | 12 | | meet and
order its actions in panels of 3 or more members. The | 13 | | action
of a majority of the panel shall be the action of the | 14 | | Board.
In consideration of persons committed to the Department | 15 | | of Juvenile Justice,
the panel shall have at least a majority | 16 | | of members experienced
in juvenile matters.
| 17 | | (b) If the person under consideration for parole is in the
| 18 | | custody of the Department, at least one member of the Board
| 19 | | shall interview him, and a report of that interview shall be
| 20 | | available for the Board's consideration. However, in the
| 21 | | discretion of the Board, the interview need not be conducted
if | 22 | | a psychiatric examination determines that the person could
not | 23 | | meaningfully contribute to the Board's consideration. The
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| 1 | | Board may in its discretion parole a person who is then outside
| 2 | | the jurisdiction on his record without an interview. The Board
| 3 | | need not hold a hearing or interview a person who is paroled
| 4 | | under paragraphs (d) or (e) of this Section or released on
| 5 | | Mandatory release under Section 3-3-10.
| 6 | | (c) The Board shall not parole an adult a person eligible | 7 | | for
parole if it determines that:
| 8 | | (1) there is a substantial risk that he will not
| 9 | | conform to reasonable conditions of parole; or
| 10 | | (2) his release at that time would deprecate the
| 11 | | seriousness of his offense or promote disrespect for the | 12 | | law; or
| 13 | | (3) his release would have a substantially adverse
| 14 | | effect on institutional discipline.
| 15 | | (d) A person committed under the Juvenile Court Act
or the | 16 | | Juvenile Court Act of 1987
who has not been sooner released | 17 | | shall be paroled on or before
his 20th birthday to begin | 18 | | serving a period of parole under
Section 3-3-8. A person | 19 | | committed under the Juvenile Court Act of 1987 shall be | 20 | | released on parole to serve an initial minimum period of at | 21 | | least 90 days, but no more than 6 months on parole. | 22 | | (1) The parole officer may terminate parole prior to | 23 | | the completion of the initial minimum period at his or her | 24 | | discretion, pursuant to clause (e)(1) of Section 3-3-8. | 25 | | (2) The Prisoner Review Board, at the expiration of the | 26 | | initial mandatory parole period, may, upon a hearing and |
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| 1 | | for good cause shown, extend the supervision up to 6 | 2 | | months, pursuant to clause (e)(2) of Section 3-3-8. The | 3 | | Prisoner Review Board shall consult the Department of | 4 | | Juvenile Justice prior to administering the good cause | 5 | | determination.
| 6 | | (e) A person who has served the maximum term of
| 7 | | imprisonment imposed at the time of sentencing less time
credit | 8 | | for good behavior shall be released on parole to
serve a period | 9 | | of parole under Section 5-8-1.
| 10 | | (f) The Board shall render its decision within a
reasonable | 11 | | time after hearing and shall state the basis
therefor both in | 12 | | the records of the Board and in written
notice to the person on | 13 | | whose application it has acted.
In its decision, the Board | 14 | | shall set the person's time
for parole, or if it denies parole | 15 | | it shall provide for
a rehearing not less frequently than once | 16 | | every
year, except that the Board may,
after denying parole,
| 17 | | schedule a rehearing no later than 5 years from the date of the | 18 | | parole
denial, if the Board finds that it is not reasonable to | 19 | | expect that parole
would be granted at a hearing prior to the | 20 | | scheduled rehearing date. If the
Board shall parole a person, | 21 | | and, if he is not released within 90 days from
the effective | 22 | | date of the order granting parole, the matter shall be
returned | 23 | | to the Board for review.
| 24 | | (g) The Board shall maintain a registry of decisions in | 25 | | which parole
has been granted, which shall include the name and | 26 | | case number of the
prisoner, the highest charge for which the |
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| 1 | | prisoner was sentenced, the
length of sentence imposed, the | 2 | | date of the sentence, the date of the
parole, and the basis for | 3 | | the decision of the Board to grant parole and the
vote of the | 4 | | Board on any such decisions. The registry shall be made | 5 | | available
for public inspection and copying during business | 6 | | hours and shall be a public
record pursuant to the provisions | 7 | | of the Freedom of Information Act.
| 8 | | (h) The Board shall promulgate rules regarding the exercise
| 9 | | of its discretion under this Section.
| 10 | | (Source: P.A. 96-875, eff. 1-22-10; 97-522, eff. 1-1-12.)
| 11 | | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | 12 | | Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | 13 | | Release.
| 14 | | (a) The conditions of parole or mandatory
supervised | 15 | | release shall be such as the Prisoner Review
Board deems | 16 | | necessary to assist the subject in leading a
law-abiding life. | 17 | | The conditions of every parole and mandatory
supervised release | 18 | | are that the subject:
| 19 | | (1) not violate any criminal statute of any | 20 | | jurisdiction
during the parole or release term;
| 21 | | (2) refrain from possessing a firearm or other | 22 | | dangerous
weapon;
| 23 | | (3) report to an agent of the Department of | 24 | | Corrections;
| 25 | | (4) permit the agent to visit him or her at his or her |
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| 1 | | home, employment,
or
elsewhere to the
extent necessary for | 2 | | the agent to discharge his or her duties;
| 3 | | (5) attend or reside in a facility established for the | 4 | | instruction or
residence
of persons on
parole or mandatory | 5 | | supervised release;
| 6 | | (6) secure permission before visiting or writing a | 7 | | committed person in an
Illinois Department
of Corrections | 8 | | facility;
| 9 | | (7) report all arrests to an agent of the Department of | 10 | | Corrections as
soon as
permitted by the
arresting authority | 11 | | but in no event later than 24 hours after release from
| 12 | | custody and immediately report service or notification of | 13 | | an order of protection, a civil no contact order, or a | 14 | | stalking no contact order to an agent of the Department of | 15 | | Corrections;
| 16 | | (7.5) if convicted of a sex offense as defined in the | 17 | | Sex Offender
Management Board Act, the individual shall | 18 | | undergo and successfully complete
sex offender treatment | 19 | | conducted in conformance with the standards developed by
| 20 | | the Sex
Offender Management Board Act by a treatment | 21 | | provider approved by the Board;
| 22 | | (7.6) if convicted of a sex offense as defined in the | 23 | | Sex Offender
Management Board Act, refrain from residing at | 24 | | the same address or in the same condominium unit or | 25 | | apartment unit or in the same condominium complex or | 26 | | apartment complex with another person he or she knows or |
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| 1 | | reasonably should know is a convicted sex offender or has | 2 | | been placed on supervision for a sex offense; the | 3 | | provisions of this paragraph do not apply to a person | 4 | | convicted of a sex offense who is placed in a Department of | 5 | | Corrections licensed transitional housing facility for sex | 6 | | offenders, or is in any facility operated or licensed by | 7 | | the Department of Children and Family Services or by the | 8 | | Department of Human Services, or is in any licensed medical | 9 | | facility;
| 10 | | (7.7) if convicted for an offense that would qualify | 11 | | the accused as a sexual predator under the Sex Offender | 12 | | Registration Act on or after January 1, 2007 (the effective | 13 | | date of Public Act 94-988), wear an approved electronic | 14 | | monitoring device as defined in Section 5-8A-2 for the | 15 | | duration of the person's parole, mandatory supervised | 16 | | release term, or extended mandatory supervised release | 17 | | term and if convicted for an offense of criminal sexual | 18 | | assault, aggravated criminal sexual assault, predatory | 19 | | criminal sexual assault of a child, criminal sexual abuse, | 20 | | aggravated criminal sexual abuse, or ritualized abuse of a | 21 | | child committed on or after August 11, 2009 (the effective | 22 | | date of Public Act 96-236) when the victim was under 18 | 23 | | years of age at the time of the commission of the offense | 24 | | and the defendant used force or the threat of force in the | 25 | | commission of the offense wear an approved electronic | 26 | | monitoring device as defined in Section 5-8A-2 that has |
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| 1 | | Global Positioning System (GPS) capability for the | 2 | | duration of the person's parole, mandatory supervised | 3 | | release term, or extended mandatory supervised release | 4 | | term;
| 5 | | (7.8) if convicted for an offense committed on or after | 6 | | June 1, 2008 (the effective date of Public Act 95-464) that | 7 | | would qualify the accused as a child sex offender as | 8 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 9 | | 1961, refrain from communicating with or contacting, by | 10 | | means of the Internet, a person who is not related to the | 11 | | accused and whom the accused reasonably believes to be | 12 | | under 18 years of age; for purposes of this paragraph | 13 | | (7.8), "Internet" has the meaning ascribed to it in Section | 14 | | 16-0.1 of the Criminal Code of 1961; and a person is not | 15 | | related to the accused if the person is not: (i) the | 16 | | spouse, brother, or sister of the accused; (ii) a | 17 | | descendant of the accused; (iii) a first or second cousin | 18 | | of the accused; or (iv) a step-child or adopted child of | 19 | | the accused;
| 20 | | (7.9)
if convicted under Section 11-6, 11-20.1, | 21 | | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961, | 22 | | consent to search of computers, PDAs, cellular phones, and | 23 | | other devices under his or her control that are capable of | 24 | | accessing the Internet or storing electronic files, in | 25 | | order to confirm Internet protocol addresses reported in | 26 | | accordance with the Sex Offender Registration Act and |
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| 1 | | compliance with conditions in this Act;
| 2 | | (7.10)
if convicted for an offense that would qualify | 3 | | the accused as a sex offender or sexual predator under the | 4 | | Sex Offender Registration Act on or after June 1, 2008 (the | 5 | | effective date of Public Act 95-640), not possess | 6 | | prescription drugs for erectile dysfunction;
| 7 | | (7.11) if convicted for an offense under Section 11-6, | 8 | | 11-9.1, 11-14.4 that involves soliciting for a juvenile | 9 | | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | 10 | | of the Criminal Code of 1961, or any attempt to commit any | 11 | | of these offenses, committed on or after June 1, 2009 (the | 12 | | effective date of Public Act 95-983): | 13 | | (i) not access or use a computer or any other | 14 | | device with Internet capability without the prior | 15 | | written approval of the Department; | 16 | | (ii) submit to periodic unannounced examinations | 17 | | of the offender's computer or any other device with | 18 | | Internet capability by the offender's supervising | 19 | | agent, a law enforcement officer, or assigned computer | 20 | | or information technology specialist, including the | 21 | | retrieval and copying of all data from the computer or | 22 | | device and any internal or external peripherals and | 23 | | removal of such information, equipment, or device to | 24 | | conduct a more thorough inspection; | 25 | | (iii) submit to the installation on the offender's | 26 | | computer or device with Internet capability, at the |
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| 1 | | offender's expense, of one or more hardware or software | 2 | | systems to monitor the Internet use; and | 3 | | (iv) submit to any other appropriate restrictions | 4 | | concerning the offender's use of or access to a | 5 | | computer or any other device with Internet capability | 6 | | imposed by the Board, the Department or the offender's | 7 | | supervising agent; | 8 | | (7.12) if convicted of a sex offense as defined in the | 9 | | Sex Offender
Registration Act committed on or after January | 10 | | 1, 2010 (the effective date of Public Act 96-262), refrain | 11 | | from accessing or using a social networking website as | 12 | | defined in Section 17-0.5 of the Criminal Code of 1961;
| 13 | | (7.13) if convicted of a sex offense as defined in | 14 | | Section 2 of the Sex Offender Registration Act committed on | 15 | | or after January 1, 2010 (the effective date of Public Act | 16 | | 96-362) that requires the person to register as a sex | 17 | | offender under that Act, may not knowingly use any computer | 18 | | scrub software on any computer that the sex offender uses; | 19 | | (8) obtain permission of an agent of the Department of | 20 | | Corrections before
leaving the
State of Illinois;
| 21 | | (9) obtain permission of an agent of the Department of | 22 | | Corrections before
changing
his or her residence or | 23 | | employment;
| 24 | | (10) consent to a search of his or her person, | 25 | | property, or residence
under his or her
control;
| 26 | | (11) refrain from the use or possession of narcotics or |
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| 1 | | other controlled
substances in
any form, or both, or any | 2 | | paraphernalia related to those substances and submit
to a
| 3 | | urinalysis test as instructed by a parole agent of the | 4 | | Department of
Corrections;
| 5 | | (12) not frequent places where controlled substances | 6 | | are illegally sold,
used,
distributed, or administered;
| 7 | | (13) not knowingly associate with other persons on | 8 | | parole or mandatory
supervised
release without prior | 9 | | written permission of his or her parole agent and not
| 10 | | associate with
persons who are members of an organized gang | 11 | | as that term is defined in the
Illinois
Streetgang | 12 | | Terrorism Omnibus Prevention Act;
| 13 | | (14) provide true and accurate information, as it | 14 | | relates to his or her
adjustment in the
community while on | 15 | | parole or mandatory supervised release or to his or her
| 16 | | conduct
while incarcerated, in response to inquiries by his | 17 | | or her parole agent or of
the
Department of Corrections;
| 18 | | (15) follow any specific instructions provided by the | 19 | | parole agent that
are consistent
with furthering | 20 | | conditions set and approved by the Prisoner Review Board or | 21 | | by
law,
exclusive of placement on electronic detention, to | 22 | | achieve the goals and
objectives of his
or her parole or | 23 | | mandatory supervised release or to protect the public. | 24 | | These
instructions by the parole agent may be modified at | 25 | | any time, as the agent
deems
appropriate;
| 26 | | (16) if convicted of a sex offense as defined in |
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| 1 | | subsection (a-5) of Section 3-1-2 of this Code, unless the | 2 | | offender is a parent or guardian of the person under 18 | 3 | | years of age present in the home and no non-familial minors | 4 | | are present, not participate in a holiday event involving | 5 | | children under 18 years of age, such as distributing candy | 6 | | or other items to children on Halloween, wearing a Santa | 7 | | Claus costume on or preceding Christmas, being employed as | 8 | | a department store Santa Claus, or wearing an Easter Bunny | 9 | | costume on or preceding Easter; | 10 | | (17) if convicted of a violation of an order of | 11 | | protection under Section 12-30 of the Criminal Code of | 12 | | 1961, be placed under electronic surveillance as provided | 13 | | in Section 5-8A-7 of this Code; and | 14 | | (18) comply with the terms and conditions of an order | 15 | | of protection issued pursuant to the Illinois Domestic | 16 | | Violence Act of 1986; an order of protection issued by the | 17 | | court of another state, tribe, or United States territory; | 18 | | a no contact order issued pursuant to the Civil No Contact | 19 | | Order Act; or a no contact order issued pursuant to the | 20 | | Stalking No Contact Order Act ; and . | 21 | | (19) (18) if convicted of a violation of the | 22 | | Methamphetamine Control and Community Protection Act, the | 23 | | Methamphetamine
Precursor Control Act, or a | 24 | | methamphetamine related offense, be: | 25 | | (A) prohibited from purchasing, possessing, or | 26 | | having under his or her control any product containing |
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| 1 | | pseudoephedrine unless prescribed by a physician; and | 2 | | (B) prohibited from purchasing, possessing, or | 3 | | having under his or her control any product containing | 4 | | ammonium nitrate. | 5 | | (b) The Board may in addition to other conditions
require | 6 | | that the subject:
| 7 | | (1) work or pursue a course of study or vocational | 8 | | training;
| 9 | | (2) undergo medical or psychiatric treatment, or | 10 | | treatment
for drug addiction or alcoholism;
| 11 | | (3) attend or reside in a facility established for the
| 12 | | instruction or residence of persons on probation or parole;
| 13 | | (4) support his dependents;
| 14 | | (5) (blank);
| 15 | | (6) (blank);
| 16 | | (7) (blank);
| 17 | | (7.5) if convicted for an offense committed on or after | 18 | | the effective date of this amendatory Act of the 95th | 19 | | General Assembly that would qualify the accused as a child | 20 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the | 21 | | Criminal Code of 1961, refrain from communicating with or | 22 | | contacting, by means of the Internet, a person who is | 23 | | related to the accused and whom the accused reasonably | 24 | | believes to be under 18 years of age; for purposes of this | 25 | | paragraph (7.5), "Internet" has the meaning ascribed to it | 26 | | in Section 16-0.1 of the Criminal Code of 1961; and a |
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| 1 | | person is related to the accused if the person is: (i) the | 2 | | spouse, brother, or sister of the accused; (ii) a | 3 | | descendant of the accused; (iii) a first or second cousin | 4 | | of the accused; or (iv) a step-child or adopted child of | 5 | | the accused; | 6 | | (7.6) if convicted for an offense committed on or after | 7 | | June 1, 2009 (the effective date of Public Act 95-983) that | 8 | | would qualify as a sex offense as defined in the Sex | 9 | | Offender Registration Act: | 10 | | (i) not access or use a computer or any other | 11 | | device with Internet capability without the prior | 12 | | written approval of the Department; | 13 | | (ii) submit to periodic unannounced examinations | 14 | | of the offender's computer or any other device with | 15 | | Internet capability by the offender's supervising | 16 | | agent, a law enforcement officer, or assigned computer | 17 | | or information technology specialist, including the | 18 | | retrieval and copying of all data from the computer or | 19 | | device and any internal or external peripherals and | 20 | | removal of such information, equipment, or device to | 21 | | conduct a more thorough inspection; | 22 | | (iii) submit to the installation on the offender's | 23 | | computer or device with Internet capability, at the | 24 | | offender's expense, of one or more hardware or software | 25 | | systems to monitor the Internet use; and | 26 | | (iv) submit to any other appropriate restrictions |
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| 1 | | concerning the offender's use of or access to a | 2 | | computer or any other device with Internet capability | 3 | | imposed by the Board, the Department or the offender's | 4 | | supervising agent; and
| 5 | | (8) in addition, if a minor:
| 6 | | (i) reside with his parents or in a foster home;
| 7 | | (ii) attend school;
| 8 | | (iii) attend a non-residential program for youth; | 9 | | or
| 10 | | (iv) contribute to his own support at home or in a | 11 | | foster
home.
| 12 | | (b-1) In addition to the conditions set forth in | 13 | | subsections (a) and (b), persons required to register as sex | 14 | | offenders pursuant to the Sex Offender Registration Act, upon | 15 | | release from the custody of the Illinois Department of | 16 | | Corrections, may be required by the Board to comply with the | 17 | | following specific conditions of release: | 18 | | (1) reside only at a Department approved location; | 19 | | (2) comply with all requirements of the Sex Offender | 20 | | Registration Act;
| 21 | | (3) notify
third parties of the risks that may be | 22 | | occasioned by his or her criminal record; | 23 | | (4) obtain the approval of an agent of the Department | 24 | | of Corrections prior to accepting employment or pursuing a | 25 | | course of study or vocational training and notify the | 26 | | Department prior to any change in employment, study, or |
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| 1 | | training; | 2 | | (5) not be employed or participate in any
volunteer | 3 | | activity that involves contact with children, except under | 4 | | circumstances approved in advance and in writing by an | 5 | | agent of the Department of Corrections; | 6 | | (6) be electronically monitored for a minimum of 12 | 7 | | months from the date of release as determined by the Board;
| 8 | | (7) refrain from entering into a designated
geographic | 9 | | area except upon terms approved in advance by an agent of | 10 | | the Department of Corrections. The terms may include | 11 | | consideration of the purpose of the entry, the time of day, | 12 | | and others accompanying the person; | 13 | | (8) refrain from having any contact, including
written | 14 | | or oral communications, directly or indirectly, personally | 15 | | or by telephone, letter, or through a third party with | 16 | | certain specified persons including, but not limited to, | 17 | | the victim or the victim's family without the prior written | 18 | | approval of an agent of the Department of Corrections; | 19 | | (9) refrain from all contact, directly or
indirectly, | 20 | | personally, by telephone, letter, or through a third party, | 21 | | with minor children without prior identification and | 22 | | approval of an agent of the Department of Corrections; | 23 | | (10) neither possess or have under his or her
control | 24 | | any material that is sexually oriented, sexually | 25 | | stimulating, or that shows male or female sex organs or any | 26 | | pictures depicting children under 18 years of age nude or |
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| 1 | | any written or audio material describing sexual | 2 | | intercourse or that depicts or alludes to sexual activity, | 3 | | including but not limited to visual, auditory, telephonic, | 4 | | or electronic media, or any matter obtained through access | 5 | | to any computer or material linked to computer access use; | 6 | | (11) not patronize any business providing
sexually | 7 | | stimulating or sexually oriented entertainment nor utilize | 8 | | "900" or adult telephone numbers; | 9 | | (12) not reside near, visit, or be in or about
parks, | 10 | | schools, day care centers, swimming pools, beaches, | 11 | | theaters, or any other places where minor children | 12 | | congregate without advance approval of an agent of the | 13 | | Department of Corrections and immediately report any | 14 | | incidental contact with minor children to the Department; | 15 | | (13) not possess or have under his or her control
| 16 | | certain specified items of contraband related to the | 17 | | incidence of sexually offending as determined by an agent | 18 | | of the Department of Corrections; | 19 | | (14) may be required to provide a written daily log of | 20 | | activities
if directed by an agent of the Department of | 21 | | Corrections; | 22 | | (15) comply with all other special conditions
that the | 23 | | Department may impose that restrict the person from | 24 | | high-risk situations and limit access to potential | 25 | | victims; | 26 | | (16) take an annual polygraph exam; |
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| 1 | | (17) maintain a log of his or her travel; or | 2 | | (18) obtain prior approval of his or her parole officer | 3 | | before driving alone in a motor vehicle.
| 4 | | (c) The conditions under which the parole or mandatory
| 5 | | supervised release is to be served shall be communicated to
the | 6 | | person in writing prior to his release, and he shall
sign the | 7 | | same before release. A signed copy of these conditions,
| 8 | | including a copy of an order of protection where one had been | 9 | | issued by the
criminal court, shall be retained by the person | 10 | | and another copy forwarded to
the officer in charge of his | 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
or | 14 | | 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 | | (e-5) The Illinois Juvenile Justice Commission, created in | 20 | | Section 17a-9 of the Children and Family Services Act, shall | 21 | | submit a report by December 30, 2012 to the General Assembly | 22 | | with recommendations regarding youth-specific parole | 23 | | conditions. | 24 | | (f) (Blank).
| 25 | | (Source: P.A. 96-236, eff. 8-11-09; 96-262, eff. 1-1-10; | 26 | | 96-328, eff. 8-11-09; 96-362, eff. 1-1-10; 96-1000, eff. |
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| 1 | | 7-2-10; 96-1539, eff. 3-4-11; 96-1551, Article 2, Section 1065, | 2 | | eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; | 3 | | 97-50, eff. 6-28-11; 97-531, eff. 1-1-12; 97-560, eff. 1-1-12; | 4 | | 97-597, eff. 1-1-12; revised 9-14-11.)
| 5 | | (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
| 6 | | Sec. 3-3-8. Length of parole and mandatory supervised
| 7 | | release; discharge.) | 8 | | (a) The length of parole
for a person sentenced under the | 9 | | law in effect prior to
the effective date of this amendatory | 10 | | Act of 1977 and the
length of mandatory supervised release for | 11 | | those sentenced
under the law in effect on and after such | 12 | | effective date
shall be as set out in Section 5-8-1 unless | 13 | | sooner terminated
under paragraph (b) of this Section. A person | 14 | | The parole period
of a juvenile committed to the Department of | 15 | | Juvenile Justice under the Juvenile
Court Act or the Juvenile | 16 | | Court Act of 1987 shall be released on parole to serve an | 17 | | initial minimum period of at least 90 days, but no more than 6 | 18 | | months on parole unless sooner terminated under subsection (e) | 19 | | of this Section extend until he is 21
years of age unless | 20 | | sooner terminated under paragraph (b) of this Section .
| 21 | | (b) The Prisoner Review Board may enter an order
releasing | 22 | | and discharging one from parole or mandatory
supervised | 23 | | release, and his commitment to the Department,
when it | 24 | | determines that he is likely to remain at liberty
without | 25 | | committing another offense.
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| 1 | | (b-1) Provided that the subject is in compliance with the | 2 | | terms and conditions of his or her parole or mandatory | 3 | | supervised release, the Prisoner Review Board may reduce the | 4 | | period of a parolee or releasee's parole or mandatory | 5 | | supervised release by 90 days upon the parolee or releasee | 6 | | receiving a high school diploma or upon passage of the high | 7 | | school level Test of General Educational Development during the | 8 | | period of his or her parole or mandatory supervised release. | 9 | | This reduction in the period of a subject's term of parole or | 10 | | mandatory supervised release shall be available only to | 11 | | subjects who have not previously earned a high school diploma | 12 | | or who have not previously passed the high school level Test of | 13 | | General Educational Development. | 14 | | (c) The order of discharge shall become effective upon | 15 | | entry of the
order of the Board. The Board shall notify the | 16 | | clerk of the committing
court of the order. Upon receipt of | 17 | | such copy, the clerk shall make an
entry on the record judgment | 18 | | that the sentence or commitment has been
satisfied pursuant to | 19 | | the order.
| 20 | | (d) Rights of the person discharged under this
Section | 21 | | shall be restored under Section 5-5-5. This Section is subject | 22 | | to
Section 5-750 of the Juvenile Court Act of 1987.
| 23 | | (e) For a person committed to the Department of Juvenile | 24 | | Justice under the Juvenile Court Act of 1987: | 25 | | (1) If the youth's parole officer believes the youth's | 26 | | parole should be extended after the initial period, the |
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| 1 | | officer must submit that recommendation in writing to the | 2 | | Prisoner Review Board and the Department of Juvenile | 3 | | Justice. The parole officer must provide the reason the | 4 | | youth's parole should be extended, documented incidents | 5 | | that support his or her recommendation, and explain how | 6 | | extended parole will serve the youth's best interests. The | 7 | | Prisoner Review Board may extend parole for a period of no | 8 | | longer than 6 months. In making a decision concerning | 9 | | extension of a youth's parole, the Prisoner Review Board | 10 | | shall consider the facts and circumstances of the case, | 11 | | focusing on the risk the parolee poses to the public and | 12 | | the benefit he may obtain from further supervision. The | 13 | | Prisoner Review Board shall also consider the parole | 14 | | officer's recommendations. The decision shall be made | 15 | | after an analysis of case-specific factors, including, but | 16 | | not limited to, the number and nature of any incidents | 17 | | while on parole including stability of residence and family | 18 | | relationships, strengths and needs of youth, services | 19 | | provided to youth to address needs, new arrests, alleged | 20 | | parole violations, and criminal investigations. The | 21 | | Prisoner Review Board shall provide, in writing, an | 22 | | explanation of the decision and address each of the factors | 23 | | listed above. The Prisoner Review Board's decision to | 24 | | extend parole shall be reviewable by the Department of | 25 | | Juvenile Justice. | 26 | | (2) The youth's parole officer shall discharge the |
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| 1 | | youth from parole prior to completion of the initial period | 2 | | if the officer determines it is in the youth's best | 3 | | interest. The Department of Juvenile Justice may discharge | 4 | | a youth from aftercare upon the youth's successful | 5 | | completion of the case plan and cooperation with parole | 6 | | conditions. The Prisoner Review Board may review and revise | 7 | | successful discharge decisions within 10 business days. | 8 | | (Source: P.A. 97-531, eff. 1-1-12.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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