101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5371

 

Introduced , by Rep. Thomas Morrison

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-3-7  from Ch. 38, par. 1003-3-7

    Amends the Unified Code of Corrections. Provides that each subject found to be at a moderate or high risk to recidivate shall wear an approved electronic monitoring device for the duration of the subject's parole, mandatory supervised release term, or extended mandatory supervised release term.


LRB101 16719 RLC 66108 b

 

 

A BILL FOR

 

HB5371LRB101 16719 RLC 66108 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 3-3-7 as follows:
 
6    (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
7    Sec. 3-3-7. Conditions of parole or mandatory supervised
8release.
9    (a) The conditions of parole or mandatory supervised
10release shall be such as the Prisoner Review Board deems
11necessary to assist the subject in leading a law-abiding life.
12The conditions of every parole and mandatory supervised release
13are that the subject:
14        (1) not violate any criminal statute of any
15    jurisdiction during the parole or release term;
16        (2) refrain from possessing a firearm or other
17    dangerous weapon;
18        (3) report to an agent of the Department of
19    Corrections;
20        (4) permit the agent to visit him or her at his or her
21    home, employment, or elsewhere to the extent necessary for
22    the agent to discharge his or her duties;
23        (5) attend or reside in a facility established for the

 

 

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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 and immediately report service or notification of
10    an order of protection, a civil no contact order, or a
11    stalking no contact order to an agent of the Department of
12    Corrections;
13        (7.5) if convicted of a sex offense as defined in the
14    Sex Offender Management Board Act, the individual shall
15    undergo and successfully complete sex offender treatment
16    conducted in conformance with the standards developed by
17    the Sex Offender Management Board Act by a treatment
18    provider approved by the Board;
19        (7.6) if convicted of a sex offense as defined in the
20    Sex Offender Management Board Act, refrain from residing at
21    the same address or in the same condominium unit or
22    apartment unit or in the same condominium complex or
23    apartment complex with another person he or she knows or
24    reasonably should know is a convicted sex offender or has
25    been placed on supervision for a sex offense; the
26    provisions of this paragraph do not apply to a person

 

 

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1    convicted of a sex offense who is placed in a Department of
2    Corrections licensed transitional housing facility for sex
3    offenders, or is in any facility operated or licensed by
4    the Department of Children and Family Services or by the
5    Department of Human Services, or is in any licensed medical
6    facility;
7        (7.7) if convicted for an offense that would qualify
8    the accused as a sexual predator under the Sex Offender
9    Registration Act on or after January 1, 2007 (the effective
10    date of Public Act 94-988), wear an approved electronic
11    monitoring device as defined in Section 5-8A-2 for the
12    duration of the person's parole, mandatory supervised
13    release term, or extended mandatory supervised release
14    term and if convicted for an offense of criminal sexual
15    assault, aggravated criminal sexual assault, predatory
16    criminal sexual assault of a child, criminal sexual abuse,
17    aggravated criminal sexual abuse, or ritualized abuse of a
18    child committed on or after August 11, 2009 (the effective
19    date of Public Act 96-236) when the victim was under 18
20    years of age at the time of the commission of the offense
21    and the defendant used force or the threat of force in the
22    commission of the offense wear an approved electronic
23    monitoring device as defined in Section 5-8A-2 that has
24    Global Positioning System (GPS) capability for the
25    duration of the person's parole, mandatory supervised
26    release term, or extended mandatory supervised release

 

 

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1    term;
2        (7.8) if convicted for an offense committed on or after
3    June 1, 2008 (the effective date of Public Act 95-464) that
4    would qualify the accused as a child sex offender as
5    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
6    1961 or the Criminal Code of 2012, refrain from
7    communicating with or contacting, by means of the Internet,
8    a person who is not related to the accused and whom the
9    accused reasonably believes to be under 18 years of age;
10    for purposes of this paragraph (7.8), "Internet" has the
11    meaning ascribed to it in Section 16-0.1 of the Criminal
12    Code of 2012; and a person is not related to the accused if
13    the person is not: (i) the spouse, brother, or sister of
14    the accused; (ii) a descendant of the accused; (iii) a
15    first or second cousin of the accused; or (iv) a step-child
16    or adopted child of the accused;
17        (7.9) if convicted under Section 11-6, 11-20.1,
18    11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or
19    the Criminal Code of 2012, consent to search of computers,
20    PDAs, cellular phones, and other devices under his or her
21    control that are capable of accessing the Internet or
22    storing electronic files, in order to confirm Internet
23    protocol addresses reported in accordance with the Sex
24    Offender Registration Act and compliance with conditions
25    in this Act;
26        (7.10) if convicted for an offense that would qualify

 

 

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1    the accused as a sex offender or sexual predator under the
2    Sex Offender Registration Act on or after June 1, 2008 (the
3    effective date of Public Act 95-640), not possess
4    prescription drugs for erectile dysfunction;
5        (7.11) if convicted for an offense under Section 11-6,
6    11-9.1, 11-14.4 that involves soliciting for a juvenile
7    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
8    of the Criminal Code of 1961 or the Criminal Code of 2012,
9    or any attempt to commit any of these offenses, committed
10    on or after June 1, 2009 (the effective date of Public Act
11    95-983):
12            (i) not access or use a computer or any other
13        device with Internet capability without the prior
14        written approval of the Department;
15            (ii) submit to periodic unannounced examinations
16        of the offender's computer or any other device with
17        Internet capability by the offender's supervising
18        agent, a law enforcement officer, or assigned computer
19        or information technology specialist, including the
20        retrieval and copying of all data from the computer or
21        device and any internal or external peripherals and
22        removal of such information, equipment, or device to
23        conduct a more thorough inspection;
24            (iii) submit to the installation on the offender's
25        computer or device with Internet capability, at the
26        offender's expense, of one or more hardware or software

 

 

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1        systems to monitor the Internet use; and
2            (iv) submit to any other appropriate restrictions
3        concerning the offender's use of or access to a
4        computer or any other device with Internet capability
5        imposed by the Board, the Department or the offender's
6        supervising agent;
7        (7.12) if convicted of a sex offense as defined in the
8    Sex Offender Registration Act committed on or after January
9    1, 2010 (the effective date of Public Act 96-262), refrain
10    from accessing or using a social networking website as
11    defined in Section 17-0.5 of the Criminal Code of 2012;
12        (7.13) if convicted of a sex offense as defined in
13    Section 2 of the Sex Offender Registration Act committed on
14    or after January 1, 2010 (the effective date of Public Act
15    96-362) that requires the person to register as a sex
16    offender under that Act, may not knowingly use any computer
17    scrub software on any computer that the sex offender uses;
18        (8) obtain permission of an agent of the Department of
19    Corrections before leaving the State of Illinois;
20        (9) obtain permission of an agent of the Department of
21    Corrections before changing his or her residence or
22    employment;
23        (10) consent to a search of his or her person,
24    property, or residence under his or her control;
25        (11) refrain from the use or possession of narcotics or
26    other controlled substances in any form, or both, or any

 

 

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1    paraphernalia related to those substances and submit to a
2    urinalysis test as instructed by a parole agent of the
3    Department of Corrections;
4        (12) not knowingly frequent places where controlled
5    substances are illegally sold, used, distributed, or
6    administered;
7        (13) except when the association described in either
8    subparagraph (A) or (B) of this paragraph (13) involves
9    activities related to community programs, worship
10    services, volunteering, engaging families, or some other
11    pro-social activity in which there is no evidence of
12    criminal intent:
13            (A) not knowingly associate with other persons on
14        parole or mandatory supervised release without prior
15        written permission of his or her parole agent; or
16            (B) not knowingly associate with persons who are
17        members of an organized gang as that term is defined in
18        the Illinois Streetgang Terrorism Omnibus Prevention
19        Act;
20        (14) provide true and accurate information, as it
21    relates to his or her adjustment in the community while on
22    parole or mandatory supervised release or to his or her
23    conduct while incarcerated, in response to inquiries by his
24    or her parole agent or of the Department of Corrections;
25        (15) follow any specific instructions provided by the
26    parole agent that are consistent with furthering

 

 

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1    conditions set and approved by the Prisoner Review Board or
2    by law, exclusive of placement on electronic detention, to
3    achieve the goals and objectives of his or her parole or
4    mandatory supervised release or to protect the public.
5    These instructions by the parole agent may be modified at
6    any time, as the agent deems appropriate;
7        (16) if convicted of a sex offense as defined in
8    subsection (a-5) of Section 3-1-2 of this Code, unless the
9    offender is a parent or guardian of the person under 18
10    years of age present in the home and no non-familial minors
11    are present, not participate in a holiday event involving
12    children under 18 years of age, such as distributing candy
13    or other items to children on Halloween, wearing a Santa
14    Claus costume on or preceding Christmas, being employed as
15    a department store Santa Claus, or wearing an Easter Bunny
16    costume on or preceding Easter;
17        (17) if convicted of a violation of an order of
18    protection under Section 12-3.4 or Section 12-30 of the
19    Criminal Code of 1961 or the Criminal Code of 2012, be
20    placed under electronic surveillance as provided in
21    Section 5-8A-7 of this Code;
22        (18) comply with the terms and conditions of an order
23    of protection issued pursuant to the Illinois Domestic
24    Violence Act of 1986; an order of protection issued by the
25    court of another state, tribe, or United States territory;
26    a no contact order issued pursuant to the Civil No Contact

 

 

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1    Order Act; or a no contact order issued pursuant to the
2    Stalking No Contact Order Act;
3        (19) if convicted of a violation of the Methamphetamine
4    Control and Community Protection Act, the Methamphetamine
5    Precursor Control Act, or a methamphetamine related
6    offense, be:
7            (A) prohibited from purchasing, possessing, or
8        having under his or her control any product containing
9        pseudoephedrine unless prescribed by a physician; and
10            (B) prohibited from purchasing, possessing, or
11        having under his or her control any product containing
12        ammonium nitrate;
13        (20) if convicted of a hate crime under Section 12-7.1
14    of the Criminal Code of 2012, perform public or community
15    service of no less than 200 hours and enroll in an
16    educational program discouraging hate crimes involving the
17    protected class identified in subsection (a) of Section
18    12-7.1 of the Criminal Code of 2012 that gave rise to the
19    offense the offender committed ordered by the court; and
20        (21) be evaluated by the Department of Corrections
21    prior to release using a validated risk assessment and be
22    subject to a corresponding level of supervision. In
23    accordance with the findings of that evaluation:
24            (A) All subjects found to be at a moderate or high
25        risk to recidivate, or on parole or mandatory
26        supervised release for first degree murder, a forcible

 

 

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1        felony as defined in Section 2-8 of the Criminal Code
2        of 2012, any felony that requires registration as a sex
3        offender under the Sex Offender Registration Act, or a
4        Class X felony or Class 1 felony that is not a
5        violation of the Cannabis Control Act, the Illinois
6        Controlled Substances Act, or the Methamphetamine
7        Control and Community Protection Act, shall be subject
8        to high level supervision. The Department shall define
9        high level supervision based upon evidence-based and
10        research-based practices. Except as otherwise provided
11        in this subparagraph (A), notwithstanding
12        Notwithstanding this placement on high level
13        supervision, placement of the subject on electronic
14        monitoring or detention shall not occur unless it is
15        required by law or expressly ordered or approved by the
16        Prisoner Review Board. Each subject found to be at a
17        moderate or high risk to recidivate shall wear an
18        approved electronic monitoring device as defined in
19        Section 5-8A-2 for the duration of the subject's
20        parole, mandatory supervised release term, or extended
21        mandatory supervised release term.
22            (B) All subjects found to be at a low risk to
23        recidivate shall be subject to low-level supervision,
24        except for those subjects on parole or mandatory
25        supervised release for first degree murder, a forcible
26        felony as defined in Section 2-8 of the Criminal Code

 

 

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1        of 2012, any felony that requires registration as a sex
2        offender under the Sex Offender Registration Act, or a
3        Class X felony or Class 1 felony that is not a
4        violation of the Cannabis Control Act, the Illinois
5        Controlled Substances Act, or the Methamphetamine
6        Control and Community Protection Act. Low level
7        supervision shall require the subject to check in with
8        the supervising officer via phone or other electronic
9        means. Notwithstanding this placement on low level
10        supervision, placement of the subject on electronic
11        monitoring or detention shall not occur unless it is
12        required by law or expressly ordered or approved by the
13        Prisoner Review Board.
14    (b) The Board may in addition to other conditions require
15that the subject:
16        (1) work or pursue a course of study or vocational
17    training;
18        (2) undergo medical or psychiatric treatment, or
19    treatment for drug addiction or alcoholism;
20        (3) attend or reside in a facility established for the
21    instruction or residence of persons on probation or parole;
22        (4) support his or her dependents;
23        (5) (blank);
24        (6) (blank);
25        (7) (blank);
26        (7.5) if convicted for an offense committed on or after

 

 

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1    the effective date of this amendatory Act of the 95th
2    General Assembly that would qualify the accused as a child
3    sex offender as defined in Section 11-9.3 or 11-9.4 of the
4    Criminal Code of 1961 or the Criminal Code of 2012, refrain
5    from communicating with or contacting, by means of the
6    Internet, a person who is related to the accused and whom
7    the accused reasonably believes to be under 18 years of
8    age; for purposes of this paragraph (7.5), "Internet" has
9    the meaning ascribed to it in Section 16-0.1 of the
10    Criminal Code of 2012; and a person is related to the
11    accused if the person is: (i) the spouse, brother, or
12    sister of the accused; (ii) a descendant of the accused;
13    (iii) a first or second cousin of the accused; or (iv) a
14    step-child or adopted child of the accused;
15        (7.6) if convicted for an offense committed on or after
16    June 1, 2009 (the effective date of Public Act 95-983) that
17    would qualify as a sex offense as defined in the Sex
18    Offender Registration Act:
19            (i) not access or use a computer or any other
20        device with Internet capability without the prior
21        written approval of the Department;
22            (ii) submit to periodic unannounced examinations
23        of the offender's computer or any other device with
24        Internet capability by the offender's supervising
25        agent, a law enforcement officer, or assigned computer
26        or information technology specialist, including the

 

 

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1        retrieval and copying of all data from the computer or
2        device and any internal or external peripherals and
3        removal of such information, equipment, or device to
4        conduct a more thorough inspection;
5            (iii) submit to the installation on the offender's
6        computer or device with Internet capability, at the
7        offender's expense, of one or more hardware or software
8        systems to monitor the Internet use; and
9            (iv) submit to any other appropriate restrictions
10        concerning the offender's use of or access to a
11        computer or any other device with Internet capability
12        imposed by the Board, the Department or the offender's
13        supervising agent; and
14        (8) in addition, if a minor:
15            (i) reside with his or her parents or in a foster
16        home;
17            (ii) attend school;
18            (iii) attend a non-residential program for youth;
19        or
20            (iv) contribute to his or her own support at home
21        or in a foster home.
22    (b-1) In addition to the conditions set forth in
23subsections (a) and (b), persons required to register as sex
24offenders pursuant to the Sex Offender Registration Act, upon
25release from the custody of the Illinois Department of
26Corrections, may be required by the Board to comply with the

 

 

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1following specific conditions of release:
2        (1) reside only at a Department approved location;
3        (2) comply with all requirements of the Sex Offender
4    Registration Act;
5        (3) notify third parties of the risks that may be
6    occasioned by his or her criminal record;
7        (4) obtain the approval of an agent of the Department
8    of Corrections prior to accepting employment or pursuing a
9    course of study or vocational training and notify the
10    Department prior to any change in employment, study, or
11    training;
12        (5) not be employed or participate in any volunteer
13    activity that involves contact with children, except under
14    circumstances approved in advance and in writing by an
15    agent of the Department of Corrections;
16        (6) be electronically monitored for a minimum of 12
17    months from the date of release as determined by the Board;
18        (7) refrain from entering into a designated geographic
19    area except upon terms approved in advance by an agent of
20    the Department of Corrections. The terms may include
21    consideration of the purpose of the entry, the time of day,
22    and others accompanying the person;
23        (8) refrain from having any contact, including written
24    or oral communications, directly or indirectly, personally
25    or by telephone, letter, or through a third party with
26    certain specified persons including, but not limited to,

 

 

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1    the victim or the victim's family without the prior written
2    approval of an agent of the Department of Corrections;
3        (9) refrain from all contact, directly or indirectly,
4    personally, by telephone, letter, or through a third party,
5    with minor children without prior identification and
6    approval of an agent of the Department of Corrections;
7        (10) neither possess or have under his or her control
8    any material that is sexually oriented, sexually
9    stimulating, or that shows male or female sex organs or any
10    pictures depicting children under 18 years of age nude or
11    any written or audio material describing sexual
12    intercourse or that depicts or alludes to sexual activity,
13    including but not limited to visual, auditory, telephonic,
14    or electronic media, or any matter obtained through access
15    to any computer or material linked to computer access use;
16        (11) not patronize any business providing sexually
17    stimulating or sexually oriented entertainment nor utilize
18    "900" or adult telephone numbers;
19        (12) not reside near, visit, or be in or about parks,
20    schools, day care centers, swimming pools, beaches,
21    theaters, or any other places where minor children
22    congregate without advance approval of an agent of the
23    Department of Corrections and immediately report any
24    incidental contact with minor children to the Department;
25        (13) not possess or have under his or her control
26    certain specified items of contraband related to the

 

 

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1    incidence of sexually offending as determined by an agent
2    of the Department of Corrections;
3        (14) may be required to provide a written daily log of
4    activities if directed by an agent of the Department of
5    Corrections;
6        (15) comply with all other special conditions that the
7    Department may impose that restrict the person from
8    high-risk situations and limit access to potential
9    victims;
10        (16) take an annual polygraph exam;
11        (17) maintain a log of his or her travel; or
12        (18) obtain prior approval of his or her parole officer
13    before driving alone in a motor vehicle.
14    (c) The conditions under which the parole or mandatory
15supervised release is to be served shall be communicated to the
16person in writing prior to his or her release, and he or she
17shall sign the same before release. A signed copy of these
18conditions, including a copy of an order of protection where
19one had been issued by the criminal court, shall be retained by
20the person and another copy forwarded to the officer in charge
21of his or her supervision.
22    (d) After a hearing under Section 3-3-9, the Prisoner
23Review Board may modify or enlarge the conditions of parole or
24mandatory supervised release.
25    (e) The Department shall inform all offenders committed to
26the Department of the optional services available to them upon

 

 

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1release and shall assist inmates in availing themselves of such
2optional services upon their release on a voluntary basis.
3    (f) (Blank).
4(Source: P.A. 100-201, eff. 8-18-17; 100-260, eff. 1-1-18;
5100-575, eff. 1-8-18; 101-382, eff. 8-16-19.)