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Public Act 101-0382 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. This Act may be referred to as the Free Meek | ||||
Mill Act. | ||||
Section 5. The Unified Code of Corrections is amended by | ||||
changing Section 3-3-7 as follows: | ||||
(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | ||||
Sec. 3-3-7. Conditions of parole or mandatory supervised | ||||
release.
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(a) The conditions of parole or mandatory
supervised | ||||
release shall be such as the Prisoner Review
Board deems | ||||
necessary to assist the subject in leading a
law-abiding life. | ||||
The conditions of every parole and mandatory
supervised release | ||||
are that the subject:
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(1) not violate any criminal statute of any | ||||
jurisdiction
during the parole or release term;
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(2) refrain from possessing a firearm or other | ||||
dangerous
weapon;
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(3) report to an agent of the Department of | ||||
Corrections;
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(4) permit the agent to visit him or her at his or her |
home, employment,
or
elsewhere to the
extent necessary for | ||
the agent to discharge his or her duties;
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(5) attend or reside in a facility established for the | ||
instruction or
residence
of persons on
parole or mandatory | ||
supervised release;
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(6) secure permission before visiting or writing a | ||
committed person in an
Illinois Department
of Corrections | ||
facility;
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(7) report all arrests to an agent of the Department of | ||
Corrections as
soon as
permitted by the
arresting authority | ||
but in no event later than 24 hours after release from
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custody and 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;
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(7.5) if convicted of a sex offense as defined in the | ||
Sex Offender
Management Board Act, the individual shall | ||
undergo and successfully complete
sex offender treatment | ||
conducted in conformance with the standards developed by
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the Sex
Offender Management Board Act by a treatment | ||
provider approved by the Board;
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(7.6) if convicted of a sex offense as defined in the | ||
Sex Offender
Management Board Act, refrain from residing at | ||
the same address or in the same condominium unit or | ||
apartment unit or in the same condominium complex or | ||
apartment complex with another person he or she knows or |
reasonably should know is a convicted sex offender or has | ||
been placed on supervision for a sex offense; the | ||
provisions of this paragraph do not apply to a person | ||
convicted of a sex offense who is placed in a Department of | ||
Corrections licensed transitional housing facility for sex | ||
offenders, or is in any facility operated or licensed by | ||
the Department of Children and Family Services or by the | ||
Department of Human Services, or is in any licensed medical | ||
facility;
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(7.7) if convicted for an offense that would qualify | ||
the accused as a sexual predator under the Sex Offender | ||
Registration Act on or after January 1, 2007 (the effective | ||
date of Public Act 94-988), wear an approved electronic | ||
monitoring device as defined in Section 5-8A-2 for the | ||
duration of the person's parole, mandatory supervised | ||
release term, or extended mandatory supervised release | ||
term and if convicted for an offense of criminal sexual | ||
assault, aggravated criminal sexual assault, predatory | ||
criminal sexual assault of a child, criminal sexual abuse, | ||
aggravated criminal sexual abuse, or ritualized abuse of a | ||
child committed on or after August 11, 2009 (the effective | ||
date of Public Act 96-236) when the victim was under 18 | ||
years of age at the time of the commission of the offense | ||
and the defendant used force or the threat of force in the | ||
commission of the offense wear an approved electronic | ||
monitoring device as defined in Section 5-8A-2 that has |
Global Positioning System (GPS) capability for the | ||
duration of the person's parole, mandatory supervised | ||
release term, or extended mandatory supervised release | ||
term;
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(7.8) if convicted for an offense committed on or after | ||
June 1, 2008 (the effective date of Public Act 95-464) that | ||
would qualify the accused as a child sex offender as | ||
defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||
1961 or the Criminal Code of 2012, refrain from | ||
communicating with or contacting, by means of the Internet, | ||
a person who is not related to the accused and whom the | ||
accused reasonably believes to be under 18 years of age; | ||
for purposes of this paragraph (7.8), "Internet" has the | ||
meaning ascribed to it in Section 16-0.1 of the Criminal | ||
Code of 2012; and a person is not related to the accused if | ||
the person is not: (i) the spouse, brother, or sister of | ||
the accused; (ii) a descendant of the accused; (iii) a | ||
first or second cousin of the accused; or (iv) a step-child | ||
or adopted child of the accused;
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(7.9)
if convicted under Section 11-6, 11-20.1, | ||
11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012, consent to search of computers, | ||
PDAs, cellular phones, and other devices under his or her | ||
control that are capable of accessing the Internet or | ||
storing electronic files, in order to confirm Internet | ||
protocol addresses reported in accordance with the Sex |
Offender Registration Act and compliance with conditions | ||
in this Act;
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(7.10)
if convicted for an offense that would qualify | ||
the accused as a sex offender or sexual predator under the | ||
Sex Offender Registration Act on or after June 1, 2008 (the | ||
effective date of Public Act 95-640), not possess | ||
prescription drugs for erectile dysfunction;
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(7.11) if convicted for an offense under Section 11-6, | ||
11-9.1, 11-14.4 that involves soliciting for a juvenile | ||
prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012, | ||
or any attempt to commit any of these offenses, committed | ||
on or after June 1, 2009 (the effective date of Public Act | ||
95-983): | ||
(i) not access or use a computer or any other | ||
device with Internet capability without the prior | ||
written approval of the Department; | ||
(ii) submit to periodic unannounced examinations | ||
of the offender's computer or any other device with | ||
Internet capability by the offender's supervising | ||
agent, a law enforcement officer, or assigned computer | ||
or information technology specialist, including the | ||
retrieval and copying of all data from the computer or | ||
device and any internal or external peripherals and | ||
removal of such information, equipment, or device to | ||
conduct a more thorough inspection; |
(iii) submit to the installation on the offender's | ||
computer or device with Internet capability, at the | ||
offender's expense, of one or more hardware or software | ||
systems to monitor the Internet use; and | ||
(iv) submit to any other appropriate restrictions | ||
concerning the offender's use of or access to a | ||
computer or any other device with Internet capability | ||
imposed by the Board, the Department or the offender's | ||
supervising agent; | ||
(7.12) if convicted of a sex offense as defined in the | ||
Sex Offender
Registration Act committed on or after January | ||
1, 2010 (the effective date of Public Act 96-262), refrain | ||
from accessing or using a social networking website as | ||
defined in Section 17-0.5 of the Criminal Code of 2012;
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(7.13) if convicted of a sex offense as defined in | ||
Section 2 of the Sex Offender Registration Act committed on | ||
or after January 1, 2010 (the effective date of Public Act | ||
96-362) that requires the person to register as a sex | ||
offender under that Act, may not knowingly use any computer | ||
scrub software on any computer that the sex offender uses; | ||
(8) obtain permission of an agent of the Department of | ||
Corrections before
leaving the
State of Illinois;
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(9) obtain permission of an agent of the Department of | ||
Corrections before
changing
his or her residence or | ||
employment;
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(10) consent to a search of his or her person, |
property, or residence
under his or her
control;
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(11) refrain from the use or possession of narcotics or | ||
other controlled
substances in
any form, or both, or any | ||
paraphernalia related to those substances and submit
to a
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urinalysis test as instructed by a parole agent of the | ||
Department of
Corrections;
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(12) not knowingly frequent places where controlled | ||
substances are illegally sold,
used,
distributed, or | ||
administered;
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(13) except when the association described in either | ||
subparagraph (A) or (B) of this paragraph (13) involves | ||
activities related to community programs, worship | ||
services, volunteering, engaging families, or some other | ||
pro-social activity in which there is no evidence of | ||
criminal intent: | ||
(A) not knowingly associate with other persons on | ||
parole or mandatory
supervised
release without prior | ||
written permission of his or her parole agent ; or | ||
(B) not knowingly , except
when the association | ||
involves activities related to community programs, | ||
worship services, volunteering, and engaging families, | ||
and not
associate with
persons who are members of an | ||
organized gang as that term is defined in the
Illinois
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Streetgang Terrorism Omnibus Prevention Act;
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(14) provide true and accurate information, as it | ||
relates to his or her
adjustment in the
community while on |
parole or mandatory supervised release or to his or her
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conduct
while incarcerated, in response to inquiries by his | ||
or her parole agent or of
the
Department of Corrections;
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(15) follow any specific instructions provided by the | ||
parole agent that
are consistent
with furthering | ||
conditions set and approved by the Prisoner Review Board or | ||
by
law,
exclusive of placement on electronic detention, to | ||
achieve the goals and
objectives of his
or her parole or | ||
mandatory supervised release or to protect the public. | ||
These
instructions by the parole agent may be modified at | ||
any time, as the agent
deems
appropriate;
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(16) if convicted of a sex offense as defined in | ||
subsection (a-5) of Section 3-1-2 of this Code, unless the | ||
offender is a parent or guardian of the person under 18 | ||
years of age present in the home and no non-familial minors | ||
are present, not participate in a holiday event involving | ||
children under 18 years of age, such as distributing candy | ||
or other items to children on Halloween, wearing a Santa | ||
Claus costume on or preceding Christmas, being employed as | ||
a department store Santa Claus, or wearing an Easter Bunny | ||
costume on or preceding Easter; | ||
(17) if convicted of a violation of an order of | ||
protection under Section 12-3.4 or Section 12-30 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, be | ||
placed under electronic surveillance as provided in | ||
Section 5-8A-7 of this Code; |
(18) 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; | ||
(19) if convicted of a violation of the Methamphetamine | ||
Control and Community Protection Act, the Methamphetamine
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Precursor Control Act, or a methamphetamine related | ||
offense, be: | ||
(A) prohibited from purchasing, possessing, or | ||
having under his or her control any product containing | ||
pseudoephedrine unless prescribed by a physician; and | ||
(B) prohibited from purchasing, possessing, or | ||
having under his or her control any product containing | ||
ammonium nitrate; | ||
(20) if convicted of a hate crime under Section 12-7.1 | ||
of the Criminal Code of 2012, perform public or community | ||
service of no less than 200 hours and enroll in an
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educational program discouraging hate crimes involving the | ||
protected class
identified in subsection (a) of Section | ||
12-7.1 of the Criminal Code of 2012 that gave rise to the | ||
offense the offender committed ordered by the court; and | ||
(21) be evaluated by the Department of Corrections | ||
prior to release using a validated risk assessment and be |
subject to a corresponding level of supervision. In | ||
accordance with the findings of that evaluation: | ||
(A) All subjects found to be at a moderate or high | ||
risk to recidivate, or on parole or mandatory | ||
supervised release for first degree murder, a forcible | ||
felony as defined in Section 2-8 of the Criminal Code | ||
of 2012, any felony that requires registration as a sex | ||
offender under the Sex Offender Registration Act, or a | ||
Class X felony or Class 1 felony that is not a | ||
violation of the Cannabis Control Act, the Illinois | ||
Controlled Substances Act, or the Methamphetamine | ||
Control and Community Protection Act, shall be subject | ||
to high level supervision. The Department shall define | ||
high level supervision based upon evidence-based and | ||
research-based practices. Notwithstanding this | ||
placement on high level supervision, placement of the | ||
subject on electronic monitoring or detention shall | ||
not occur unless it is required by law or expressly | ||
ordered or approved by the Prisoner Review Board. | ||
(B) All subjects found to be at a low risk to | ||
recidivate shall be subject to low-level supervision, | ||
except for those subjects on parole or mandatory | ||
supervised release for first degree murder, a forcible | ||
felony as defined in Section 2-8 of the Criminal Code | ||
of 2012, any felony that requires registration as a sex | ||
offender under the Sex Offender Registration Act, or a |
Class X felony or Class 1 felony that is not a | ||
violation of the Cannabis Control Act, the Illinois | ||
Controlled Substances Act, or the Methamphetamine | ||
Control and Community Protection Act. Low level | ||
supervision shall require the subject to check in with | ||
the supervising officer via phone or other electronic | ||
means. Notwithstanding this placement on low level | ||
supervision, placement of the subject on electronic | ||
monitoring or detention shall not occur unless it is | ||
required by law or expressly ordered or approved by the | ||
Prisoner Review Board. | ||
(b) The Board may in addition to other conditions
require | ||
that the subject:
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(1) work or pursue a course of study or vocational | ||
training;
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(2) undergo medical or psychiatric treatment, or | ||
treatment
for drug addiction or alcoholism;
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(3) attend or reside in a facility established for the
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instruction or residence of persons on probation or parole;
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(4) support his or her dependents;
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(5) (blank);
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(6) (blank);
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(7) (blank);
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(7.5) if convicted for an offense committed on or after | ||
the effective date of this amendatory Act of the 95th | ||
General Assembly that would qualify the accused as a child |
sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, refrain | ||
from communicating with or contacting, by means of the | ||
Internet, a person who is related to the accused and whom | ||
the accused reasonably believes to be under 18 years of | ||
age; for purposes of this paragraph (7.5), "Internet" has | ||
the meaning ascribed to it in Section 16-0.1 of the | ||
Criminal Code of 2012; and a person is related to the | ||
accused if the person is: (i) the spouse, brother, or | ||
sister of the accused; (ii) a descendant of the accused; | ||
(iii) a first or second cousin of the accused; or (iv) a | ||
step-child or adopted child of the accused; | ||
(7.6) if convicted for an offense committed on or after | ||
June 1, 2009 (the effective date of Public Act 95-983) that | ||
would qualify as a sex offense as defined in the Sex | ||
Offender Registration Act: | ||
(i) not access or use a computer or any other | ||
device with Internet capability without the prior | ||
written approval of the Department; | ||
(ii) submit to periodic unannounced examinations | ||
of the offender's computer or any other device with | ||
Internet capability by the offender's supervising | ||
agent, a law enforcement officer, or assigned computer | ||
or information technology specialist, including the | ||
retrieval and copying of all data from the computer or | ||
device and any internal or external peripherals and |
removal of such information, equipment, or device to | ||
conduct a more thorough inspection; | ||
(iii) submit to the installation on the offender's | ||
computer or device with Internet capability, at the | ||
offender's expense, of one or more hardware or software | ||
systems to monitor the Internet use; and | ||
(iv) submit to any other appropriate restrictions | ||
concerning the offender's use of or access to a | ||
computer or any other device with Internet capability | ||
imposed by the Board, the Department or the offender's | ||
supervising agent; and
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(8) in addition, if a minor:
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(i) reside with his or her parents or in a foster | ||
home;
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(ii) attend school;
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(iii) attend a non-residential program for youth; | ||
or
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(iv) contribute to his or her own support at home | ||
or in a foster
home.
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(b-1) In addition to the conditions set forth in | ||
subsections (a) and (b), persons required to register as sex | ||
offenders pursuant to the Sex Offender Registration Act, upon | ||
release from the custody of the Illinois Department of | ||
Corrections, may be required by the Board to comply with the | ||
following specific conditions of release: | ||
(1) reside only at a Department approved location; |
(2) comply with all requirements of the Sex Offender | ||
Registration Act;
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(3) notify
third parties of the risks that may be | ||
occasioned by his or her criminal record; | ||
(4) obtain the approval of an agent of the Department | ||
of Corrections prior to accepting employment or pursuing a | ||
course of study or vocational training and notify the | ||
Department prior to any change in employment, study, or | ||
training; | ||
(5) not be employed or participate in any
volunteer | ||
activity that involves contact with children, except under | ||
circumstances approved in advance and in writing by an | ||
agent of the Department of Corrections; | ||
(6) be electronically monitored for a minimum of 12 | ||
months from the date of release as determined by the Board;
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(7) refrain from entering into a designated
geographic | ||
area except upon terms approved in advance by an agent of | ||
the Department of Corrections. The terms may include | ||
consideration of the purpose of the entry, the time of day, | ||
and others accompanying the person; | ||
(8) refrain from having any contact, including
written | ||
or oral communications, directly or indirectly, personally | ||
or by telephone, letter, or through a third party with | ||
certain specified persons including, but not limited to, | ||
the victim or the victim's family without the prior written | ||
approval of an agent of the Department of Corrections; |
(9) refrain from all contact, directly or
indirectly, | ||
personally, by telephone, letter, or through a third party, | ||
with minor children without prior identification and | ||
approval of an agent of the Department of Corrections; | ||
(10) neither possess or have under his or her
control | ||
any material that is sexually oriented, sexually | ||
stimulating, or that shows male or female sex organs or any | ||
pictures depicting children under 18 years of age nude or | ||
any written or audio material describing sexual | ||
intercourse or that depicts or alludes to sexual activity, | ||
including but not limited to visual, auditory, telephonic, | ||
or electronic media, or any matter obtained through access | ||
to any computer or material linked to computer access use; | ||
(11) not patronize any business providing
sexually | ||
stimulating or sexually oriented entertainment nor utilize | ||
"900" or adult telephone numbers; | ||
(12) not reside near, visit, or be in or about
parks, | ||
schools, day care centers, swimming pools, beaches, | ||
theaters, or any other places where minor children | ||
congregate without advance approval of an agent of the | ||
Department of Corrections and immediately report any | ||
incidental contact with minor children to the Department; | ||
(13) not possess or have under his or her control
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certain specified items of contraband related to the | ||
incidence of sexually offending as determined by an agent | ||
of the Department of Corrections; |
(14) may be required to provide a written daily log of | ||
activities
if directed by an agent of the Department of | ||
Corrections; | ||
(15) comply with all other special conditions
that the | ||
Department may impose that restrict the person from | ||
high-risk situations and limit access to potential | ||
victims; | ||
(16) take an annual polygraph exam; | ||
(17) maintain a log of his or her travel; or | ||
(18) obtain prior approval of his or her parole officer | ||
before driving alone in a motor vehicle.
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(c) The conditions under which the parole or mandatory
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supervised release is to be served shall be communicated to
the | ||
person in writing prior to his or her release, and he or she | ||
shall
sign the same before release. A signed copy of these | ||
conditions,
including a copy of an order of protection where | ||
one had been issued by the
criminal court, shall be retained by | ||
the person and another copy forwarded to
the officer in charge | ||
of his or her supervision.
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(d) After a hearing under Section 3-3-9, the Prisoner
| ||
Review Board may modify or enlarge the conditions of parole
or | ||
mandatory supervised release.
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(e) The Department shall inform all offenders committed to
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the Department of the optional services available to them
upon | ||
release and shall assist inmates in availing themselves
of such | ||
optional services upon their release on a voluntary
basis. |
(f) (Blank).
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(Source: P.A. 99-628, eff. 1-1-17; 99-698, eff. 7-29-16; | ||
100-201, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff. | ||
1-8-18.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. |