Public Act 099-0698
 
SB2282 EnrolledLRB099 18376 RLC 42751 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    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, Mandatory Supervised 
Release, or Aftercare Release.


    (a) The conditions of parole, aftercare release, 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, aftercare 
release, and mandatory
supervised release are that the subject:


        (1) not violate any criminal statute of any 
    jurisdiction
during the parole, aftercare release, or 
    release term;


        (2) refrain from possessing a firearm or other 
    dangerous
weapon;


        (3) report to an agent of the Department of Corrections 
    or to the Department of Juvenile Justice;


        (4) permit the agent or aftercare specialist to visit 
    him or her at his or her home, employment,
or
elsewhere to 
    the
extent necessary for the agent or aftercare specialist 
    to discharge his or her duties;


        (5) attend or reside in a facility established for the 
    instruction or
residence
of persons on
parole, aftercare 
    release, 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 or to the Department of Juvenile Justice as

    soon as
permitted by the
arresting authority but in no 
    event later than 24 hours after release from
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;

        (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 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, aftercare release, 
    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, 
    aftercare release, mandatory supervised release term, or 
    extended mandatory supervised release term;

        (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;

        (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;

        (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;

        (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, aftercare specialist, 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 or aftercare specialist; 
        (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;

        (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 or the Department of Juvenile Justice before

    leaving the
State of Illinois;


        (9) obtain permission of an agent of the Department of 
    Corrections or the Department of Juvenile Justice 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 or an aftercare specialist of the 
    Department of Juvenile Justice;


        (12) not frequent places where controlled substances 
    are illegally sold,
used,
distributed, or administered;


        (13) not knowingly associate with other persons on 
    parole, aftercare release, or mandatory
supervised
release 
    without prior written permission of his or her parole agent 
    or aftercare specialist, 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
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, aftercare release, 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 or by his or her aftercare specialist or of 
    the Department of Juvenile Justice; 

        (15) follow any specific instructions provided by the 
    parole agent or aftercare specialist 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, aftercare release, or mandatory 
    supervised release or to protect the public. These

    instructions by the parole agent or aftercare specialist 
    may be modified at any time, as the agent or aftercare 
    specialist
deems
appropriate;


        (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; and
        (19)  if convicted of a violation of the Methamphetamine 
    Control and Community Protection Act, the Methamphetamine

    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.
    (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 or her dependents;


        (5) (blank);


        (6) (blank);


        (7) (blank); 

        (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 or aftercare specialist, 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 or aftercare specialist; and

        (8) in addition, if a minor:


            (i) reside with his or her parents or in a foster 
        home;


            (ii) attend school;


            (iii) attend a non-residential program for youth; 
        or


            (iv) contribute to his or her 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 or Department of Juvenile Justice, 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 or the Department of Juvenile Justice 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 or the Department of 
    Juvenile Justice;
        (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 or the Department of Juvenile 
    Justice.  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 or 
    the Department of Juvenile Justice;
        (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 or 
    the Department of Juvenile Justice;
        (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 or the Department of Juvenile 
    Justice 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 or the Department of 
    Juvenile Justice;
        (14) may be required to provide a written daily log of 
    activities
         if directed by an agent of the Department of 
    Corrections or the Department of Juvenile Justice;
        (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 
    or aftercare specialist before driving alone in a motor 
    vehicle.

    (c) The conditions under which the parole, aftercare 
release, or mandatory
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 or aftercare specialist in charge of his or her 
supervision.


    (d) After a hearing under Section 3-3-9, the Prisoner

Review  Board may modify or enlarge the conditions of parole, 
aftercare release,
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.
    (f)  (Blank).


(Source: P.A. 97-50, eff. 6-28-11; 97-531, eff. 1-1-12; 97-560, 
eff. 1-1-12; 97-597, eff. 1-1-12; 97-1109, eff. 1-1-13; 
97-1150, eff. 1-25-13; 98-558, eff. 1-1-14.)
  
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.

Effective Date:  7/29/2016