|
|
|
HB1293 Enrolled |
- 2 - |
LRB095 09598 RLC 29798 b |
|
|
1 |
| instruction or
residence
of persons on
parole or mandatory |
2 |
| supervised release;
|
3 |
| (6) secure permission before visiting or writing a |
4 |
| committed person in an
Illinois Department
of Corrections |
5 |
| facility;
|
6 |
| (7) report all arrests to an agent of the Department of |
7 |
| Corrections as
soon as
permitted by the
arresting authority |
8 |
| but in no event later than 24 hours after release from
|
9 |
| custody;
|
10 |
| (7.5) if convicted of a sex offense as defined in the |
11 |
| Sex Offender
Management Board Act, the individual shall |
12 |
| undergo and successfully complete
sex offender treatment |
13 |
| conducted in conformance with the standards developed by
|
14 |
| the Sex
Offender Management Board Act by a treatment |
15 |
| provider approved by the Board;
|
16 |
| (7.6) if convicted of a sex offense as defined in the |
17 |
| Sex Offender
Management Board Act, refrain from residing at |
18 |
| the same address or in the same condominium unit or |
19 |
| apartment unit or in the same condominium complex or |
20 |
| apartment complex with another person he or she knows or |
21 |
| reasonably should know is a convicted sex offender or has |
22 |
| been placed on supervision for a sex offense; the |
23 |
| provisions of this paragraph do not apply to a person |
24 |
| convicted of a sex offense who is placed in a Department of |
25 |
| Corrections licensed transitional housing facility for sex |
26 |
| offenders, or is in any facility operated or licensed by |
|
|
|
HB1293 Enrolled |
- 3 - |
LRB095 09598 RLC 29798 b |
|
|
1 |
| the Department of Children and Family Services or by the |
2 |
| Department of Human Services, or is in any licensed medical |
3 |
| facility;
|
4 |
| (7.7) if convicted for an offense that would qualify |
5 |
| the accused as a sexual predator under the Sex Offender |
6 |
| Registration Act on or after the effective date of this |
7 |
| amendatory Act of the 94th General Assembly, wear an |
8 |
| approved electronic monitoring device as defined in |
9 |
| Section 5-8A-2 for the duration of the person's parole, |
10 |
| mandatory supervised release term, or extended mandatory |
11 |
| supervised release term, provided funding is appropriated |
12 |
| by the General Assembly;
|
13 |
| (8) obtain permission of an agent of the Department of |
14 |
| Corrections before
leaving the
State of Illinois;
|
15 |
| (9) obtain permission of an agent of the Department of |
16 |
| Corrections before
changing
his or her residence or |
17 |
| employment;
|
18 |
| (10) consent to a search of his or her person, |
19 |
| property, or residence
under his or her
control;
|
20 |
| (11) refrain from the use or possession of narcotics or |
21 |
| other controlled
substances in
any form, or both, or any |
22 |
| paraphernalia related to those substances and submit
to a
|
23 |
| urinalysis test as instructed by a parole agent of the |
24 |
| Department of
Corrections;
|
25 |
| (12) not frequent places where controlled substances |
26 |
| are illegally sold,
used,
distributed, or administered;
|
|
|
|
HB1293 Enrolled |
- 4 - |
LRB095 09598 RLC 29798 b |
|
|
1 |
| (13) not knowingly associate with other persons on |
2 |
| parole or mandatory
supervised
release without prior |
3 |
| written permission of his or her parole agent and not
|
4 |
| associate with
persons who are members of an organized gang |
5 |
| as that term is defined in the
Illinois
Streetgang |
6 |
| Terrorism Omnibus Prevention Act;
|
7 |
| (14) provide true and accurate information, as it |
8 |
| relates to his or her
adjustment in the
community while on |
9 |
| parole or mandatory supervised release or to his or her
|
10 |
| conduct
while incarcerated, in response to inquiries by his |
11 |
| or her parole agent or of
the
Department of Corrections;
|
12 |
| (15) follow any specific instructions provided by the |
13 |
| parole agent that
are consistent
with furthering |
14 |
| conditions set and approved by the Prisoner Review Board or |
15 |
| by
law,
exclusive of placement on electronic detention, to |
16 |
| achieve the goals and
objectives of his
or her parole or |
17 |
| mandatory supervised release or to protect the public. |
18 |
| These
instructions by the parole agent may be modified at |
19 |
| any time, as the agent
deems
appropriate; and
|
20 |
| (16) if convicted of a sex offense as defined in |
21 |
| subsection (a-5) of Section 3-1-2 of this Code, unless the |
22 |
| offender is a parent or guardian of the person under 18 |
23 |
| years of age present in the home and no non-familial minors |
24 |
| are present, not participate in a holiday event involving |
25 |
| children under 18 years of age, such as distributing candy |
26 |
| or other items to children on Halloween, wearing a Santa |
|
|
|
HB1293 Enrolled |
- 5 - |
LRB095 09598 RLC 29798 b |
|
|
1 |
| Claus costume on or preceding Christmas, being employed as |
2 |
| a department store Santa Claus, or wearing an Easter Bunny |
3 |
| costume on or preceding Easter. |
4 |
| (b) The Board may in addition to other conditions
require |
5 |
| that the subject:
|
6 |
| (1) work or pursue a course of study or vocational |
7 |
| training;
|
8 |
| (2) undergo medical or psychiatric treatment, or |
9 |
| treatment
for drug addiction or alcoholism;
|
10 |
| (3) attend or reside in a facility established for the
|
11 |
| instruction or residence of persons on probation or parole;
|
12 |
| (4) support his dependents;
|
13 |
| (5) (blank);
|
14 |
| (6) (blank);
|
15 |
| (7) comply with the terms and conditions of an order of |
16 |
| protection
issued pursuant to the Illinois Domestic |
17 |
| Violence Act of 1986, enacted by the
84th General Assembly, |
18 |
| or an order of protection issued by the court of another
|
19 |
| state, tribe, or United States territory; and
|
20 |
| (8) in addition, if a minor:
|
21 |
| (i) reside with his parents or in a foster home;
|
22 |
| (ii) attend school;
|
23 |
| (iii) attend a non-residential program for youth; |
24 |
| or
|
25 |
| (iv) contribute to his own support at home or in a |
26 |
| foster
home.
|
|
|
|
HB1293 Enrolled |
- 6 - |
LRB095 09598 RLC 29798 b |
|
|
1 |
| (b-1) In addition to the conditions set forth in |
2 |
| subsections (a) and (b), persons required to register as sex |
3 |
| offenders pursuant to the Sex Offender Registration Act, upon |
4 |
| release from the custody of the Illinois Department of |
5 |
| Corrections, may be required by the Board to comply with the |
6 |
| following specific conditions of release: |
7 |
| (1) reside only at a Department approved location; |
8 |
| (2) comply with all requirements of the Sex Offender |
9 |
| Registration Act;
|
10 |
| (3) notify
third parties of the risks that may be |
11 |
| occasioned by his or her criminal record; |
12 |
| (4) obtain the approval of an agent of the Department |
13 |
| of Corrections prior to accepting employment or pursuing a |
14 |
| course of study or vocational training and notify the |
15 |
| Department prior to any change in employment, study, or |
16 |
| training; |
17 |
| (5) not be employed or participate in any
volunteer |
18 |
| activity that involves contact with children, except under |
19 |
| circumstances approved in advance and in writing by an |
20 |
| agent of the Department of Corrections; |
21 |
| (6) be electronically monitored for a minimum of 12 |
22 |
| months from the date of release as determined by the Board;
|
23 |
| (7) refrain from entering into a designated
geographic |
24 |
| area except upon terms approved in advance by an agent of |
25 |
| the Department of Corrections. The terms may include |
26 |
| consideration of the purpose of the entry, the time of day, |
|
|
|
HB1293 Enrolled |
- 7 - |
LRB095 09598 RLC 29798 b |
|
|
1 |
| and others accompanying the person; |
2 |
| (8) refrain from having any contact, including
written |
3 |
| or oral communications, directly or indirectly, personally |
4 |
| or by telephone, letter, or through a third party with |
5 |
| certain specified persons including, but not limited to, |
6 |
| the victim or the victim's family without the prior written |
7 |
| approval of an agent of the Department of Corrections; |
8 |
| (9) refrain from all contact, directly or
indirectly, |
9 |
| personally, by telephone, letter, or through a third party, |
10 |
| with minor children without prior identification and |
11 |
| approval of an agent of the Department of Corrections; |
12 |
| (10) neither possess or have under his or her
control |
13 |
| any material that is sexually oriented, sexually |
14 |
| stimulating, or that shows male or female sex organs or any |
15 |
| pictures depicting children under 18 years of age nude or |
16 |
| any written or audio material describing sexual |
17 |
| intercourse or that depicts or alludes to sexual activity, |
18 |
| including but not limited to visual, auditory, telephonic, |
19 |
| or electronic media, or any matter obtained through access |
20 |
| to any computer or material linked to computer access use; |
21 |
| (11) not patronize any business providing
sexually |
22 |
| stimulating or sexually oriented entertainment nor utilize |
23 |
| "900" or adult telephone numbers; |
24 |
| (12) not reside near, visit, or be in or about
parks, |
25 |
| schools, day care centers, swimming pools, beaches, |
26 |
| theaters, or any other places where minor children |
|
|
|
HB1293 Enrolled |
- 8 - |
LRB095 09598 RLC 29798 b |
|
|
1 |
| congregate without advance approval of an agent of the |
2 |
| Department of Corrections and immediately report any |
3 |
| incidental contact with minor children to the Department; |
4 |
| (13) not possess or have under his or her control
|
5 |
| certain specified items of contraband related to the |
6 |
| incidence of sexually offending as determined by an agent |
7 |
| of the Department of Corrections; |
8 |
| (14) may be required to provide a written daily log of |
9 |
| activities
if directed by an agent of the Department of |
10 |
| Corrections; |
11 |
| (15) comply with all other special conditions
that the |
12 |
| Department may impose that restrict the person from |
13 |
| high-risk situations and limit access to potential |
14 |
| victims. |
15 |
| (c) The conditions under which the parole or mandatory
|
16 |
| supervised release is to be served shall be communicated to
the |
17 |
| person in writing prior to his release, and he shall
sign the |
18 |
| same before release. A signed copy of these conditions,
|
19 |
| including a copy of an order of protection where one had been |
20 |
| issued by the
criminal court, shall be retained by the person |
21 |
| and another copy forwarded to
the officer in charge of his |
22 |
| supervision.
|
23 |
| (d) After a hearing under Section 3-3-9, the Prisoner
|
24 |
| Review Board may modify or enlarge the conditions of parole
or |
25 |
| mandatory supervised release.
|
26 |
| (e) The Department shall inform all offenders committed to
|
|
|
|
HB1293 Enrolled |
- 9 - |
LRB095 09598 RLC 29798 b |
|
|
1 |
| the Department of the optional services available to them
upon |
2 |
| release and shall assist inmates in availing themselves
of such |
3 |
| optional services upon their release on a voluntary
basis. |
4 |
| (f) When the subject is in compliance with all conditions |
5 |
| of his or her parole or mandatory supervised release, the |
6 |
| subject shall receive a reduction of the period of his or her |
7 |
| parole or mandatory supervised release of 90 days upon passage |
8 |
| of the high school level Test of General Educational |
9 |
| Development during the period of his or her parole or mandatory |
10 |
| supervised release. This reduction in the period of a subject's |
11 |
| term of parole or mandatory supervised release shall be |
12 |
| available only to subjects who have not previously earned a |
13 |
| high school diploma or who have not previously passed the high |
14 |
| school level Test of General Educational Development.
|
15 |
| (Source: P.A. 93-616, eff. 1-1-04; 93-865, eff. 1-1-05; 94-159, |
16 |
| eff. 7-11-05; 94-161, eff. 7-11-05; 94-988, eff. 1-1-07.)
|