Illinois General Assembly - Full Text of Public Act 094-0988
Illinois General Assembly

Previous General Assemblies

Public Act 094-0988


 

Public Act 0988 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0988
 
HB4222 Enrolled LRB094 15622 LCT 50827 b

    AN ACT concerning sex offenders.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Identification Act is amended by
changing Section 8 as follows:
 
    (20 ILCS 2630/8)  (from Ch. 38, par. 206-8)
    Sec. 8. Crime statistics; sex offenders.
    (a) The Department shall be a central repository and
custodian of crime statistics for the State and it shall have
all power incident thereto to carry out the purposes of this
Act, including the power to demand and receive cooperation in
the submission of crime statistics from all units of
government. On an annual basis, the Illinois Criminal Justice
Information Authority shall make available compilations
published by the Authority of crime statistics required to be
reported by each policing body of the State, the clerks of the
circuit court of each county, the Illinois Department of
Corrections, the Sheriff of each county, and the State's
Attorney of each county, including, but not limited to,
criminal arrest, charge and disposition information.
    (b) The Department shall develop information relating to
the number of sex offenders and sexual predators as defined in
Section 2 of the Sex Offender Registration Act who are placed
on parole, mandatory supervised release, or extended mandatory
supervised release and who are subject to electronic
monitoring.
(Source: P.A. 86-701.)
 
    Section 10. The Unified Code of Corrections is amended by
changing Section 3-3-7 and by adding Section 5-8A-6 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.
    (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:
        (1) not violate any criminal statute of any
    jurisdiction during the parole or release term;
        (2) refrain from possessing a firearm or other
    dangerous weapon;
        (3) report to an agent of the Department of
    Corrections;
        (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;
        (5) attend or reside in a facility established for the
    instruction or residence of persons on parole or mandatory
    supervised release;
        (6) secure permission before visiting or writing a
    committed person in an Illinois Department of Corrections
    facility;
        (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
    custody;
        (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
    the Sex Offender Management Board Act by a treatment
    provider approved by the Board;
        (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;
        (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 the effective date of this
    amendatory Act of the 94th General Assembly, 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, provided funding is appropriated
    by the General Assembly;
        (8) obtain permission of an agent of the Department of
    Corrections before leaving the State of Illinois;
        (9) obtain permission of an agent of the Department of
    Corrections before changing his or her residence or
    employment;
        (10) consent to a search of his or her person,
    property, or residence under his or her control;
        (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
    urinalysis test as instructed by a parole agent of the
    Department of Corrections;
        (12) not frequent places where controlled substances
    are illegally sold, used, distributed, or administered;
        (13) not knowingly associate with other persons on
    parole or mandatory supervised release without prior
    written permission of his or her parole agent and not
    associate with persons who are members of an organized gang
    as that term is defined in the Illinois Streetgang
    Terrorism Omnibus Prevention Act;
        (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
    conduct while incarcerated, in response to inquiries by his
    or her parole agent or of the Department of Corrections;
        (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; and
        (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.
    (b) The Board may in addition to other conditions require
that the subject:
        (1) work or pursue a course of study or vocational
    training;
        (2) undergo medical or psychiatric treatment, or
    treatment for drug addiction or alcoholism;
        (3) attend or reside in a facility established for the
    instruction or residence of persons on probation or parole;
        (4) support his dependents;
        (5) (blank);
        (6) (blank);
        (7) comply with the terms and conditions of an order of
    protection issued pursuant to the Illinois Domestic
    Violence Act of 1986, enacted by the 84th General Assembly,
    or an order of protection issued by the court of another
    state, tribe, or United States territory; and
        (8) in addition, if a minor:
            (i) reside with his parents or in a foster home;
            (ii) attend school;
            (iii) attend a non-residential program for youth;
        or
            (iv) contribute to his own support at home or in a
        foster home.
    (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;
        (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;
        (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
    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.
    (c) The conditions under which the parole or mandatory
supervised release is to be served shall be communicated to the
person in writing prior to his release, and he 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
supervision.
    (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.
    (e) The Department shall inform all offenders committed to
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.
(Source: P.A. 93-616, eff. 1-1-04; 93-865, eff. 1-1-05; 94-159,
eff. 7-11-05; 94-161, eff. 7-11-05; revised 8-19-05.)
 
    (730 ILCS 5/5-8A-6 new)
    Sec. 5-8A-6. Electronic monitoring of certain sex
offenders. For a sexual predator subject to electronic home
monitoring under paragraph (7.7) of subsection (a) of Section
3-3-7, the Department of Corrections must use a system that
actively monitors and identifies the offender's current
location and timely reports or records the offender's presence
and that alerts the Department of the offender's presence
within a prohibited area described in Sections 11-9.3 and
11-9.4 of the Criminal Code of 1961, in a court order, or as a
condition of the offender's parole, mandatory supervised
release, or extended mandatory supervised release and the
offender's departure from specified geographic limitations,
provided funding is appropriated by the General Assembly for
this purpose.
 
    Section 15. The Sex Offender Registration Act is amended by
changing Sections 8-5 and 10 as follows:
 
    (730 ILCS 150/8-5)
    Sec. 8-5. Verification requirements.
    (a) Address verification. The agency having jurisdiction
shall verify the address of sex offenders, as defined in
Section 2 of this Act, or sexual predators required to register
with their agency at least once per year. The verification must
be documented in LEADS in the form and manner required by the
Department of State Police.
    (b) Registration verification. The supervising officer
shall, within 15 days of sentencing to probation or release
from an Illinois Department of Corrections facility, contact
the law enforcement agency in the jurisdiction in which the sex
offender or sexual predator designated as his or her intended
residence and verify compliance with the requirements of this
Act. Revocation proceedings shall be immediately commenced
against a sex offender or sexual predator on probation, parole,
or mandatory supervised release who fails to comply with the
requirements of this Act.
    (c) In an effort to ensure that sexual predators and sex
offenders who fail to respond to address-verification attempts
or who otherwise abscond from registration are located in a
timely manner, the Department of State Police shall share
information with local law enforcement agencies. The
Department shall use analytical resources to assist local law
enforcement agencies to determine the potential whereabouts of
any sexual predator or sex offender who fails to respond to
address-verification attempts or who otherwise absconds from
registration. The Department shall review and analyze all
available information concerning any such predator or offender
who fails to respond to address-verification attempts or who
otherwise absconds from registration and provide the
information to local law enforcement agencies in order to
assist the agencies in locating and apprehending the sexual
predator or sex offender.
(Source: P.A. 92-828, eff. 8-22-02; 93-979, eff. 8-20-04.)
 
    (730 ILCS 150/10)  (from Ch. 38, par. 230)
    Sec. 10. Penalty.
    (a) Any person who is required to register under this
Article who violates any of the provisions of this Article and
any person who is required to register under this Article who
seeks to change his or her name under Article 21 of the Code of
Civil Procedure is guilty of a Class 3 felony. Any person who
is convicted for a violation of this Act for a second or
subsequent time is guilty of a Class 2 felony. Any person who
is required to register under this Article who knowingly or
wilfully gives material information required by this Article
that is false is guilty of a Class 3 felony. Any person
convicted of a violation of any provision of this Article
shall, in addition to any other penalty required by law, be
required to serve a minimum period of 7 days confinement in the
local county jail. The court shall impose a mandatory minimum
fine of $500 for failure to comply with any provision of this
Article. These fines shall be deposited in the Sex Offender
Registration Fund. Any sex offender, as defined in Section 2 of
this Act, or sexual predator who violates any provision of this
Article may be arrested and tried in any Illinois county where
the sex offender can be located. The local police department or
sheriff's office is not required to determine whether the
person is living within its jurisdiction.
    (b) Any person, not covered by privilege under Part 8 of
Article VIII of the Code of Civil Procedure or the Illinois
Supreme Court's Rules of Professional Conduct, who has reason
to believe that a sexual predator is not complying, or has not
complied, with the requirements of this Article and who, with
the intent to assist the sexual predator in eluding a law
enforcement agency that is seeking to find the sexual predator
to question the sexual predator about, or to arrest the sexual
predator for, his or her noncompliance with the requirements of
this Article is guilty of a Class 3 felony if he or she:
        (1) provides false information to the law enforcement
    agency having jurisdiction about the sexual predator's
    noncompliance with the requirements of this Article, and,
    if known, the whereabouts of the sexual predator;
        (2) harbors, or attempts to harbor, or assists another
    person in harboring or attempting to harbor, the sexual
    predator; or
        (3) conceals or attempts to conceal, or assists another
    person in concealing or attempting to conceal, the sexual
    predator.
    (c) Subsection (b) does not apply if the sexual predator is
incarcerated in or is in the custody of a State correctional
facility, a private correctional facility, a county or
municipal jail, a State mental health facility or a State
treatment and detention facility, or a federal correctional
facility.
(Source: P.A. 93-979, eff. 8-20-04; 94-168, eff. 1-1-06.)

Effective Date: 1/1/2007