Sen. Mattie Hunter
Filed: 4/23/2007
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1 | AMENDMENT TO HOUSE BILL 1293
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2 | AMENDMENT NO. ______. Amend House Bill 1293 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Unified Code of Corrections is amended by | ||||||
5 | changing 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 | ||||||
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 |
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1 | dangerous
weapon;
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2 | (3) report to an agent of the Department of | ||||||
3 | Corrections;
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4 | (4) permit the agent to visit him or her at his or her | ||||||
5 | home, employment,
or
elsewhere to the
extent necessary for | ||||||
6 | the agent to discharge his or her duties;
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7 | (5) attend or reside in a facility established for the | ||||||
8 | instruction or
residence
of persons on
parole or mandatory | ||||||
9 | supervised release;
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10 | (6) secure permission before visiting or writing a | ||||||
11 | committed person in an
Illinois Department
of Corrections | ||||||
12 | facility;
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13 | (7) report all arrests to an agent of the Department of | ||||||
14 | Corrections as
soon as
permitted by the
arresting authority | ||||||
15 | but in no event later than 24 hours after release from
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16 | custody;
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17 | (7.5) if convicted of a sex offense as defined in the | ||||||
18 | Sex Offender
Management Board Act, the individual shall | ||||||
19 | undergo and successfully complete
sex offender treatment | ||||||
20 | conducted in conformance with the standards developed by
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21 | the Sex
Offender Management Board Act by a treatment | ||||||
22 | provider approved by the Board;
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23 | (7.6) if convicted of a sex offense as defined in the | ||||||
24 | Sex Offender
Management Board Act, refrain from residing at | ||||||
25 | the same address or in the same condominium unit or | ||||||
26 | apartment unit or in the same condominium complex or |
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1 | apartment complex with another person he or she knows or | ||||||
2 | reasonably should know is a convicted sex offender or has | ||||||
3 | been placed on supervision for a sex offense; the | ||||||
4 | provisions of this paragraph do not apply to a person | ||||||
5 | convicted of a sex offense who is placed in a Department of | ||||||
6 | Corrections licensed transitional housing facility for sex | ||||||
7 | offenders, or is in any facility operated or licensed by | ||||||
8 | the Department of Children and Family Services or by the | ||||||
9 | Department of Human Services, or is in any licensed medical | ||||||
10 | facility;
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11 | (7.7) if convicted for an offense that would qualify | ||||||
12 | the accused as a sexual predator under the Sex Offender | ||||||
13 | Registration Act on or after the effective date of this | ||||||
14 | amendatory Act of the 94th General Assembly, wear an | ||||||
15 | approved electronic monitoring device as defined in | ||||||
16 | Section 5-8A-2 for the duration of the person's parole, | ||||||
17 | mandatory supervised release term, or extended mandatory | ||||||
18 | supervised release term, provided funding is appropriated | ||||||
19 | by the General Assembly;
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20 | (8) obtain permission of an agent of the Department of | ||||||
21 | Corrections before
leaving the
State of Illinois;
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22 | (9) obtain permission of an agent of the Department of | ||||||
23 | Corrections before
changing
his or her residence or | ||||||
24 | employment;
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25 | (10) consent to a search of his or her person, | ||||||
26 | property, or residence
under his or her
control;
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1 | (11) refrain from the use or possession of narcotics or | ||||||
2 | other controlled
substances in
any form, or both, or any | ||||||
3 | paraphernalia related to those substances and submit
to a
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4 | urinalysis test as instructed by a parole agent of the | ||||||
5 | Department of
Corrections;
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6 | (12) not frequent places where controlled substances | ||||||
7 | are illegally sold,
used,
distributed, or administered;
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8 | (13) not knowingly associate with other persons on | ||||||
9 | parole or mandatory
supervised
release without prior | ||||||
10 | written permission of his or her parole agent and not
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11 | associate with
persons who are members of an organized gang | ||||||
12 | as that term is defined in the
Illinois
Streetgang | ||||||
13 | Terrorism Omnibus Prevention Act;
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14 | (14) provide true and accurate information, as it | ||||||
15 | relates to his or her
adjustment in the
community while on | ||||||
16 | parole or mandatory supervised release or to his or her
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17 | conduct
while incarcerated, in response to inquiries by his | ||||||
18 | or her parole agent or of
the
Department of Corrections;
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19 | (15) follow any specific instructions provided by the | ||||||
20 | parole agent that
are consistent
with furthering | ||||||
21 | conditions set and approved by the Prisoner Review Board or | ||||||
22 | by
law,
exclusive of placement on electronic detention, to | ||||||
23 | achieve the goals and
objectives of his
or her parole or | ||||||
24 | mandatory supervised release or to protect the public. | ||||||
25 | These
instructions by the parole agent may be modified at | ||||||
26 | any time, as the agent
deems
appropriate; and
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1 | (16) if convicted of a sex offense as defined in | ||||||
2 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
3 | offender is a parent or guardian of the person under 18 | ||||||
4 | years of age present in the home and no non-familial minors | ||||||
5 | are present, not participate in a holiday event involving | ||||||
6 | children under 18 years of age, such as distributing candy | ||||||
7 | or other items to children on Halloween, wearing a Santa | ||||||
8 | Claus costume on or preceding Christmas, being employed as | ||||||
9 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
10 | costume on or preceding Easter. | ||||||
11 | (b) The Board may in addition to other conditions
require | ||||||
12 | that the subject:
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13 | (1) work or pursue a course of study or vocational | ||||||
14 | training;
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15 | (2) undergo medical or psychiatric treatment, or | ||||||
16 | treatment
for drug addiction or alcoholism;
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17 | (3) attend or reside in a facility established for the
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18 | instruction or residence of persons on probation or parole;
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19 | (4) support his dependents;
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20 | (5) (blank);
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21 | (6) (blank);
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22 | (7) comply with the terms and conditions of an order of | ||||||
23 | protection
issued pursuant to the Illinois Domestic | ||||||
24 | Violence Act of 1986, enacted by the
84th General Assembly, | ||||||
25 | or an order of protection issued by the court of another
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26 | state, tribe, or United States territory; and
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1 | (8) in addition, if a minor:
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2 | (i) reside with his parents or in a foster home;
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3 | (ii) attend school;
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4 | (iii) attend a non-residential program for youth; | ||||||
5 | or
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6 | (iv) contribute to his own support at home or in a | ||||||
7 | foster
home.
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8 | (b-1) In addition to the conditions set forth in | ||||||
9 | subsections (a) and (b), persons required to register as sex | ||||||
10 | offenders pursuant to the Sex Offender Registration Act, upon | ||||||
11 | release from the custody of the Illinois Department of | ||||||
12 | Corrections, may be required by the Board to comply with the | ||||||
13 | following specific conditions of release: | ||||||
14 | (1) reside only at a Department approved location; | ||||||
15 | (2) comply with all requirements of the Sex Offender | ||||||
16 | Registration Act;
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17 | (3) notify
third parties of the risks that may be | ||||||
18 | occasioned by his or her criminal record; | ||||||
19 | (4) obtain the approval of an agent of the Department | ||||||
20 | of Corrections prior to accepting employment or pursuing a | ||||||
21 | course of study or vocational training and notify the | ||||||
22 | Department prior to any change in employment, study, or | ||||||
23 | training; | ||||||
24 | (5) not be employed or participate in any
volunteer | ||||||
25 | activity that involves contact with children, except under | ||||||
26 | circumstances approved in advance and in writing by an |
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1 | agent of the Department of Corrections; | ||||||
2 | (6) be electronically monitored for a minimum of 12 | ||||||
3 | months from the date of release as determined by the Board;
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4 | (7) refrain from entering into a designated
geographic | ||||||
5 | area except upon terms approved in advance by an agent of | ||||||
6 | the Department of Corrections. The terms may include | ||||||
7 | consideration of the purpose of the entry, the time of day, | ||||||
8 | and others accompanying the person; | ||||||
9 | (8) refrain from having any contact, including
written | ||||||
10 | or oral communications, directly or indirectly, personally | ||||||
11 | or by telephone, letter, or through a third party with | ||||||
12 | certain specified persons including, but not limited to, | ||||||
13 | the victim or the victim's family without the prior written | ||||||
14 | approval of an agent of the Department of Corrections; | ||||||
15 | (9) refrain from all contact, directly or
indirectly, | ||||||
16 | personally, by telephone, letter, or through a third party, | ||||||
17 | with minor children without prior identification and | ||||||
18 | approval of an agent of the Department of Corrections; | ||||||
19 | (10) neither possess or have under his or her
control | ||||||
20 | any material that is sexually oriented, sexually | ||||||
21 | stimulating, or that shows male or female sex organs or any | ||||||
22 | pictures depicting children under 18 years of age nude or | ||||||
23 | any written or audio material describing sexual | ||||||
24 | intercourse or that depicts or alludes to sexual activity, | ||||||
25 | including but not limited to visual, auditory, telephonic, | ||||||
26 | or electronic media, or any matter obtained through access |
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1 | to any computer or material linked to computer access use; | ||||||
2 | (11) not patronize any business providing
sexually | ||||||
3 | stimulating or sexually oriented entertainment nor utilize | ||||||
4 | "900" or adult telephone numbers; | ||||||
5 | (12) not reside near, visit, or be in or about
parks, | ||||||
6 | schools, day care centers, swimming pools, beaches, | ||||||
7 | theaters, or any other places where minor children | ||||||
8 | congregate without advance approval of an agent of the | ||||||
9 | Department of Corrections and immediately report any | ||||||
10 | incidental contact with minor children to the Department; | ||||||
11 | (13) not possess or have under his or her control
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12 | certain specified items of contraband related to the | ||||||
13 | incidence of sexually offending as determined by an agent | ||||||
14 | of the Department of Corrections; | ||||||
15 | (14) may be required to provide a written daily log of | ||||||
16 | activities
if directed by an agent of the Department of | ||||||
17 | Corrections; | ||||||
18 | (15) comply with all other special conditions
that the | ||||||
19 | Department may impose that restrict the person from | ||||||
20 | high-risk situations and limit access to potential | ||||||
21 | victims. | ||||||
22 | (c) The conditions under which the parole or mandatory
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23 | supervised release is to be served shall be communicated to
the | ||||||
24 | person in writing prior to his release, and he shall
sign the | ||||||
25 | same before release. A signed copy of these conditions,
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26 | including a copy of an order of protection where one had been |
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1 | issued by the
criminal court, shall be retained by the person | ||||||
2 | and another copy forwarded to
the officer in charge of his | ||||||
3 | supervision.
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4 | (d) After a hearing under Section 3-3-9, the Prisoner
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5 | Review Board may modify or enlarge the conditions of parole
or | ||||||
6 | mandatory supervised release.
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7 | (e) The Department shall inform all offenders committed to
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8 | the Department of the optional services available to them
upon | ||||||
9 | release and shall assist inmates in availing themselves
of such | ||||||
10 | optional services upon their release on a voluntary
basis. | ||||||
11 | (f) When the subject is in compliance with all conditions | ||||||
12 | of his or her parole or mandatory supervised release, the | ||||||
13 | subject shall receive a reduction of the period of his or her | ||||||
14 | parole or mandatory supervised release of 90 days upon passage | ||||||
15 | of the high school level Test of General Educational | ||||||
16 | Development during the period of his or her parole or mandatory | ||||||
17 | supervised release. This reduction in the period of a subject's | ||||||
18 | term of parole or mandatory supervised release shall be | ||||||
19 | available only to subjects who have not previously earned a | ||||||
20 | high school diploma or who have not previously passed the high | ||||||
21 | school level Test of General Educational Development.
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22 | (Source: P.A. 93-616, eff. 1-1-04; 93-865, eff. 1-1-05; 94-159, | ||||||
23 | eff. 7-11-05; 94-161, eff. 7-11-05; 94-988, eff. 1-1-07.)".
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