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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | ||||||||||||||||||||||||||
5 | changing Sections 3-3-7 and 3-7-6 as follows: | ||||||||||||||||||||||||||
6 | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
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7 | Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | ||||||||||||||||||||||||||
8 | Release.
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9 | (a) The conditions of parole or mandatory
supervised | ||||||||||||||||||||||||||
10 | release shall be such as the Prisoner Review
Board deems | ||||||||||||||||||||||||||
11 | necessary to assist the subject in leading a
law-abiding life. | ||||||||||||||||||||||||||
12 | The conditions of every parole and mandatory
supervised release | ||||||||||||||||||||||||||
13 | are that the subject:
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14 | (1) not violate any criminal statute of any | ||||||||||||||||||||||||||
15 | jurisdiction
during the parole or release term;
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16 | (2) refrain from possessing a firearm or other | ||||||||||||||||||||||||||
17 | dangerous
weapon;
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18 | (3) report to an agent of the Department of | ||||||||||||||||||||||||||
19 | Corrections;
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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;
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23 | (5) attend or reside in a facility established for the | ||||||||||||||||||||||||||
24 | instruction or
residence
of persons on
parole or mandatory | ||||||||||||||||||||||||||
25 | supervised release;
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26 | (6) secure permission before visiting or writing a | ||||||||||||||||||||||||||
27 | committed person in an
Illinois Department
of Corrections | ||||||||||||||||||||||||||
28 | facility;
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29 | (7) report all arrests to an agent of the Department of | ||||||||||||||||||||||||||
30 | Corrections as
soon as
permitted by the
arresting authority | ||||||||||||||||||||||||||
31 | but in no event later than 24 hours after release from
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32 | custody;
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1 | (7.5) if convicted of a sex offense as defined in the | ||||||
2 | Sex Offender
Management Board Act, the individual shall | ||||||
3 | undergo and successfully complete
sex offender treatment | ||||||
4 | conducted in conformance with the standards developed by
| ||||||
5 | the Sex
Offender Management Board Act by a treatment | ||||||
6 | provider approved by the Board;
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7 | (8) obtain permission of an agent of the Department of | ||||||
8 | Corrections before
leaving the
State of Illinois;
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9 | (9) obtain permission of an agent of the Department of | ||||||
10 | Corrections before
changing
his or her residence or | ||||||
11 | employment;
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12 | (10) consent to a search of his or her person, | ||||||
13 | property, or residence
under his or her
control;
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14 | (11) refrain from the use or possession of narcotics or | ||||||
15 | other controlled
substances in
any form, or both, or any | ||||||
16 | paraphernalia related to those substances and submit
to a
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17 | urinalysis test as instructed by a parole agent of the | ||||||
18 | Department of
Corrections;
| ||||||
19 | (12) not frequent places where controlled substances | ||||||
20 | are illegally sold,
used,
distributed, or administered;
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21 | (13) not knowingly associate with other persons on | ||||||
22 | parole or mandatory
supervised
release without prior | ||||||
23 | written permission of his or her parole agent and not
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24 | associate with
persons who are members of an organized gang | ||||||
25 | as that term is defined in the
Illinois
Streetgang | ||||||
26 | Terrorism Omnibus Prevention Act;
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27 | (14) provide true and accurate information, as it | ||||||
28 | relates to his or her
adjustment in the
community while on | ||||||
29 | parole or mandatory supervised release or to his or her
| ||||||
30 | conduct
while incarcerated, in response to inquiries by his | ||||||
31 | or her parole agent or of
the
Department of Corrections; | ||||||
32 | and
| ||||||
33 | (15) follow any specific instructions provided by the | ||||||
34 | parole agent that
are consistent
with furthering | ||||||
35 | conditions set and approved by the Prisoner Review Board or | ||||||
36 | by
law,
exclusive of placement on electronic detention, to |
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1 | achieve the goals and
objectives of his
or her parole or | ||||||
2 | mandatory supervised release or to protect the public. | ||||||
3 | These
instructions by the parole agent may be modified at | ||||||
4 | any time, as the agent
deems
appropriate.
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5 | (b) The Board may in addition to other conditions
require | ||||||
6 | that the subject:
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7 | (1) work or pursue a course of study or vocational | ||||||
8 | training;
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9 | (2) undergo medical or psychiatric treatment, or | ||||||
10 | treatment
for drug addiction or alcoholism;
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11 | (3) attend or reside in a facility established for the
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12 | instruction or residence of persons on probation or parole;
| ||||||
13 | (4) support his dependents;
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14 | (5) (blank);
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15 | (6) (blank);
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16 | (7) comply with the terms and conditions of an order of | ||||||
17 | protection
issued pursuant to the Illinois Domestic | ||||||
18 | Violence Act of 1986, enacted by the
84th General Assembly, | ||||||
19 | or an order of protection issued by the court of another
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20 | state, tribe, or United States territory; and
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21 | (8) in addition, if a minor:
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22 | (i) reside with his parents or in a foster home;
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23 | (ii) attend school;
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24 | (iii) attend a non-residential program for youth; | ||||||
25 | or
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26 | (iv) contribute to his own support at home or in a | ||||||
27 | foster
home.
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28 | (c) The conditions under which the parole or mandatory
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29 | supervised release is to be served shall be communicated to
the | ||||||
30 | person in writing prior to his release, and he shall
sign the | ||||||
31 | same before release. A signed copy of these conditions,
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32 | including a copy of an order of protection where one had been | ||||||
33 | issued by the
criminal court, shall be retained by the person | ||||||
34 | and another copy forwarded to
the officer in charge of his | ||||||
35 | supervision.
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36 | (d) After a hearing under Section 3-3-9, the Prisoner
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1 | Review Board may modify or enlarge the conditions of parole
or | ||||||
2 | mandatory supervised release.
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3 | (e) The Department shall inform all offenders committed to
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4 | the Department of the optional services available to them
upon | ||||||
5 | release and shall assist inmates in availing themselves
of such | ||||||
6 | optional services upon their release on a voluntary
basis.
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7 | (f) In determining the conditions of parole or mandatory | ||||||
8 | supervised release, the Prisoner Review Board may not take into | ||||||
9 | consideration the person's assets or the person's ability or | ||||||
10 | inability to pay for the costs of his or her incarceration.
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11 | (Source: P.A. 92-460, eff. 1-1-02; 93-616, eff. 1-1-04.)
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12 | (730 ILCS 5/3-7-6) (from Ch. 38, par. 1003-7-6)
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13 | Sec. 3-7-6. Reimbursement for expenses.
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14 | (a) Responsibility of committed persons. For the purposes | ||||||
15 | of this
Section, "committed persons" mean those persons who | ||||||
16 | through judicial
determination have been placed in the custody | ||||||
17 | of the Department on the basis of
a conviction as an adult. | ||||||
18 | Committed
persons whose assets exceed $200,000 (excluding the | ||||||
19 | value of a residence and a motor vehicle) shall be responsible | ||||||
20 | to reimburse the
Department for the expenses incurred by their | ||||||
21 | incarceration at a rate to be
determined by the Department in | ||||||
22 | accordance with this Section.
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23 | (1) Committed persons subject to this Section shall | ||||||
24 | fully cooperate with the Department by
providing complete
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25 | financial information for the purposes under this Section.
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26 | (2)
The failure of a committed person to fully | ||||||
27 | cooperate as provided for
in
clauses (3)
and (4) of | ||||||
28 | subsection (a-5) shall be considered for purposes of a | ||||||
29 | parole
determination. Any committed person who willfully | ||||||
30 | refuses to cooperate with the
obligations set forth in this | ||||||
31 | Section may be subject to the loss of good
conduct credit
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32 | towards his or her sentence of up to 180 days.
| ||||||
33 | (a-5) Assets information form.
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34 | (1) The Department shall develop a form, which shall be | ||||||
35 | used by the
Department
to
obtain information from all |
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1 | committed persons regarding assets of the persons.
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2 | (2) In order to enable the Department to determine the | ||||||
3 | financial status of
the
committed
person, the form shall | ||||||
4 | provide for obtaining the age and marital status of a
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5 | committed
person, the number and ages of children of the | ||||||
6 | person, the number and ages of
other
dependents, the type | ||||||
7 | and value of real estate, the type and value of personal
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8 | property,
cash and bank accounts, the location of any lock | ||||||
9 | boxes, the type and value of
investments, pensions and | ||||||
10 | annuities and any other personalty of significant
cash
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11 | value, including but not limited to jewelry, art work and | ||||||
12 | collectables, and all
medical
or dental insurance policies | ||||||
13 | covering the committed person. The form may also
provide | ||||||
14 | for other information deemed pertinent by the Department in | ||||||
15 | the
investigation of a committed person's assets.
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16 | (3) Upon being developed, the form shall be submitted | ||||||
17 | to each committed
person
as of
the date the form is | ||||||
18 | developed and to every committed person who thereafter is
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19 | sentenced to imprisonment under the jurisdiction of the | ||||||
20 | Department. The form
may
be resubmitted to a committed | ||||||
21 | person by the Department for purpose of
obtaining
current | ||||||
22 | information regarding the assets of the person.
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23 | (4) Every committed person shall complete the form or | ||||||
24 | provide for
completion
of the
form and the committed person | ||||||
25 | shall swear under oath or affirm that to the best
of his
or | ||||||
26 | her knowledge the information provided is complete and | ||||||
27 | accurate.
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28 | (b) Expenses. The rate at which sums to be charged for the | ||||||
29 | expenses
incurred by a committed person subject to this Section
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30 | for his or her confinement
shall be computed by
the Department | ||||||
31 | as the average per capita cost per day for all inmates of that
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32 | institution or facility for that fiscal year. The average per | ||||||
33 | capita cost per
day shall be computed by the Department based | ||||||
34 | on the average per capita cost
per day for the operation of | ||||||
35 | that institution or facility for the fiscal year
immediately | ||||||
36 | preceding the period of incarceration for which the rate is |
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1 | being
calculated. The Department shall establish rules and | ||||||
2 | regulations providing for
the computation of the above costs, | ||||||
3 | and shall determine the average per capita
cost per day for | ||||||
4 | each of its institutions or facilities for each fiscal year.
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5 | The Department shall have the
power to modify its rules and | ||||||
6 | regulations, so as to provide for the most
accurate and most | ||||||
7 | current average per capita cost per day computation. Where
the | ||||||
8 | committed person is placed in a facility outside the
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9 | Department, the
Department may pay the actual cost of services | ||||||
10 | in that facility, and may
collect reimbursement for the entire | ||||||
11 | amount paid from the committed person
receiving those services.
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12 | (c) Records. The records of the Department, including, but | ||||||
13 | not limited to,
those relating to: the average per capita cost | ||||||
14 | per day for a particular
institution or facility for a | ||||||
15 | particular year, and the calculation of the
average per capita | ||||||
16 | cost per day; the average daily population of a particular
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17 | Department correctional institution or facility for a | ||||||
18 | particular year; the
specific placement of a particular | ||||||
19 | committed person in
various Department
correctional | ||||||
20 | institutions or facilities for various periods of time; and the
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21 | record of transactions of a particular committed person's
trust | ||||||
22 | account under
Section 3-4-3 of this Act; may be proved in any | ||||||
23 | legal proceeding, by a
reproduced copy thereof or by a computer | ||||||
24 | printout of Department records, under
the certificate of the | ||||||
25 | Director. If
reproduced copies are used, the Director must | ||||||
26 | certify that those are true and
exact copies of the records on | ||||||
27 | file with the Department. If computer
printouts of records of | ||||||
28 | the Department are offered as proof, the Director must
certify | ||||||
29 | that those computer printouts are true and exact | ||||||
30 | representations of
records properly entered into standard | ||||||
31 | electronic computing equipment, in the
regular course of the | ||||||
32 | Department's business, at or reasonably near the time of
the | ||||||
33 | occurrence of the facts recorded, from trustworthy and reliable
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34 | information. The reproduced copy or computer printout shall, | ||||||
35 | without further
proof, be admitted into evidence in any legal | ||||||
36 | proceeding, and shall be prima
facie correct and prima facie |
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1 | evidence of the accuracy of the information
contained therein.
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2 | (d) Authority. The Director, or the Director's designee, | ||||||
3 | may, when he or
she knows or reasonably believes that a | ||||||
4 | committed person whose assets exceed $200,000 (excluding the | ||||||
5 | value of a residence and a motor vehicle) , or the estate of | ||||||
6 | that
person, has assets which may be used to satisfy all or | ||||||
7 | part of a judgment
rendered under this Act,
or when he or she | ||||||
8 | knows or reasonably believes that
a committed person whose | ||||||
9 | assets exceed $200,000 (excluding the value of a residence and | ||||||
10 | a motor vehicle) is engaged in gang-related activity and has a | ||||||
11 | substantial sum of
money or other assets,
provide for the | ||||||
12 | forwarding to the Attorney General of a report on the
committed | ||||||
13 | person and that report shall contain a completed form under
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14 | subsection (a-5) together with all other information available | ||||||
15 | concerning the
assets of
the committed person and an estimate | ||||||
16 | of the total expenses for that committed
person, and
authorize | ||||||
17 | the Attorney General to institute
proceedings to require the
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18 | persons, or the estates of the persons, to reimburse the | ||||||
19 | Department for the
expenses incurred by their incarceration. | ||||||
20 | The Attorney General, upon
authorization of the Director, or | ||||||
21 | the Director's designee, shall institute
actions on behalf of | ||||||
22 | the Department and pursue claims on the Department's
behalf in | ||||||
23 | probate and bankruptcy proceedings, to recover from committed | ||||||
24 | persons whose assets exceed $200,000 (excluding the value of a | ||||||
25 | residence and a motor vehicle) the expenses incurred by
their
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26 | confinement.
For purposes of this subsection (d), | ||||||
27 | "gang-related" activity
has the meaning ascribed to it in | ||||||
28 | Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||||||
29 | Prevention Act.
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30 | (e) Scope and limitations.
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31 | (1) No action under this Section shall be initiated | ||||||
32 | more than 2 years
after the release or death of the | ||||||
33 | committed person in
question.
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34 | (2) The death of a convicted person, by execution or | ||||||
35 | otherwise, while
committed to a Department correctional | ||||||
36 | institution or facility shall not act as
a bar to any |
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1 | action or proceeding under this Section.
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2 | (3) The assets of a committed person, for the purposes
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3 | of this Section,
shall
include any property, tangible or | ||||||
4 | intangible, real or personal, belonging to
or due to a | ||||||
5 | committed or formerly committed person including income or | ||||||
6 | payments
to the person from social security, worker's | ||||||
7 | compensation, veteran's
compensation, pension benefits, or | ||||||
8 | from any other source whatsoever and any
and all assets and | ||||||
9 | property of whatever character held in the name
of the | ||||||
10 | person, held for the benefit of the person, or payable or | ||||||
11 | otherwise
deliverable to the person. Any trust, or portion | ||||||
12 | of a trust, of which a
convicted person is a beneficiary, | ||||||
13 | shall be construed as an asset of the
person, to the extent | ||||||
14 | that benefits thereunder are required to be paid to the
| ||||||
15 | person, or shall in fact be paid to the person.
For the | ||||||
16 | purposes of this Section, "assets of a committed person" do | ||||||
17 | not include a residence or motor vehicle owned by the | ||||||
18 | committed person. At the time of a legal proceeding by the | ||||||
19 | Attorney General under this Section,
if it appears that the | ||||||
20 | committed person has any assets which ought to be
subjected | ||||||
21 | to the claim of the Department under this Section, the | ||||||
22 | court may
issue an order requiring any person, corporation, | ||||||
23 | or other legal entity
possessed or having custody of those | ||||||
24 | assets to appropriate any of the assets
or a portion | ||||||
25 | thereof toward reimbursing the Department as provided for | ||||||
26 | under
this Section.
No provision of this Section
shall be | ||||||
27 | construed in violation of any State or federal limitation | ||||||
28 | on the
collection of money judgments.
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29 | (4) Nothing in this Section shall preclude the | ||||||
30 | Department from applying
federal benefits that are | ||||||
31 | specifically provided for the care and treatment of
a | ||||||
32 | committed person toward the cost of care provided by a
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33 | State facility or
private agency.
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34 | (Source: P.A. 92-564, eff. 1-1-03.)
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