Rep. LaShawn K. Ford
Filed: 11/12/2008
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1 | AMENDMENT TO HOUSE BILL 2746
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2 | AMENDMENT NO. ______. Amend House Bill 2746 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Department of Commerce and Economic | ||||||
5 | Opportunity Law of the
Civil Administrative Code of Illinois is | ||||||
6 | amended by adding Section 605-416 as follows: | ||||||
7 | (20 ILCS 605/605-416 new) | ||||||
8 | Sec. 605-416. Loans to qualified ex-offenders. | ||||||
9 | (a) The Department of Commerce and Economic Opportunity | ||||||
10 | shall be responsible for the distribution of funds for the | ||||||
11 | ex-offender loan program. Funding for this program shall come | ||||||
12 | solely from the Ex-Offender Fund. The Department, if it so | ||||||
13 | chooses, may contract out or provide sub-grants for the | ||||||
14 | administrative services of the program to any organization who | ||||||
15 | works with ex-offenders and their reentry into society. | ||||||
16 | Organizations wishing to participate in the program must |
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1 | present an application to the Department in order to receive | ||||||
2 | funding. | ||||||
3 | (b)
Funding distributed from the Ex-Offender Fund may only | ||||||
4 | be used for 3 purposes: | ||||||
5 | (1) For the awarding of low-interest loans, not to | ||||||
6 | exceed an interest rate of 3%, to ex-offenders so that | ||||||
7 | these individuals may start and operate their own | ||||||
8 | businesses that have a positive impact on society. The | ||||||
9 | maximum amount of a loan that an ex-offender may receive | ||||||
10 | shall not exceed $5,000. | ||||||
11 | (2) For the awarding of grants to qualified | ||||||
12 | ex-offenders so that the individuals may have a business | ||||||
13 | plan developed in order to receive loans to start up their | ||||||
14 | own businesses. These grants are to be used for the sole | ||||||
15 | purpose of acquiring a business plan developed by a | ||||||
16 | credible source. In order to receive these grants, | ||||||
17 | qualified ex-offenders must submit an application and | ||||||
18 | provide 50% of the cost to develop the business plan. | ||||||
19 | (3) For the administration costs of the program. | ||||||
20 | (c) For purposes of this Section, "qualified ex-offender" | ||||||
21 | means any person who: | ||||||
22 | (1) is an eligible offender, as defined under Section | ||||||
23 | 5-5.5-5 of the Unified Code of Corrections; | ||||||
24 | (2) was sentenced to a period of incarceration in an | ||||||
25 | Illinois adult correctional center; and | ||||||
26 | (3) presents to the Department an application and a |
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1 | professional business plan. | ||||||
2 | (d) Notwithstanding any other rulemaking authority that | ||||||
3 | may exist, neither the Governor nor any agency or agency head | ||||||
4 | under the jurisdiction of the Governor has any authority to | ||||||
5 | make or promulgate rules to implement or enforce the provisions | ||||||
6 | of this amendatory Act of the 95th General Assembly. If, | ||||||
7 | however, the Governor believes that rules are necessary to | ||||||
8 | implement or enforce the provisions of this amendatory Act of | ||||||
9 | the 95th General Assembly, the Governor may suggest rules to | ||||||
10 | the General Assembly by filing them with the Clerk of the House | ||||||
11 | and the Secretary of the Senate and by requesting that the | ||||||
12 | General Assembly authorize such rulemaking by law, enact those | ||||||
13 | suggested rules into law, or take any other appropriate action | ||||||
14 | in the General Assembly's discretion. Nothing contained in this | ||||||
15 | amendatory Act of the 95th General Assembly shall be | ||||||
16 | interpreted to grant rulemaking authority under any other | ||||||
17 | Illinois statute where such authority is not otherwise | ||||||
18 | explicitly given. For the purposes of this Section, "rules" is | ||||||
19 | given the meaning contained in Section 1-70 of the Illinois | ||||||
20 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
21 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
22 | the Illinois Administrative Procedure Act to the extent that | ||||||
23 | such definitions apply to agencies or agency heads under the | ||||||
24 | jurisdiction of the Governor. | ||||||
25 | Section 10. The State Finance Act is amended by adding |
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1 | Section 5.719 as follows: | ||||||
2 | (30 ILCS 105/5.719 new) | ||||||
3 | Sec. 5.719. The Ex-Offender Fund. | ||||||
4 | Section 15. 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 | (Text of Section before amendment by P.A. 95-983 ) | ||||||
8 | Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | ||||||
9 | Release.
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10 | (a) The conditions of parole or mandatory
supervised | ||||||
11 | release shall be such as the Prisoner Review
Board deems | ||||||
12 | necessary to assist the subject in leading a
law-abiding life. | ||||||
13 | The conditions of every parole and mandatory
supervised release | ||||||
14 | are that the subject:
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15 | (1) not violate any criminal statute of any | ||||||
16 | jurisdiction
during the parole or release term;
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17 | (2) refrain from possessing a firearm or other | ||||||
18 | dangerous
weapon;
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19 | (3) report to an agent of the Department of | ||||||
20 | Corrections;
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21 | (4) permit the agent to visit him or her at his or her | ||||||
22 | home, employment,
or
elsewhere to the
extent necessary for | ||||||
23 | the agent to discharge his or her duties;
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1 | (5) attend or reside in a facility established for the | ||||||
2 | instruction or
residence
of persons on
parole or mandatory | ||||||
3 | supervised release;
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4 | (6) secure permission before visiting or writing a | ||||||
5 | committed person in an
Illinois Department
of Corrections | ||||||
6 | facility;
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7 | (7) report all arrests to an agent of the Department of | ||||||
8 | Corrections as
soon as
permitted by the
arresting authority | ||||||
9 | but in no event later than 24 hours after release from
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10 | custody;
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11 | (7.5) if convicted of a sex offense as defined in the | ||||||
12 | Sex Offender
Management Board Act, the individual shall | ||||||
13 | undergo and successfully complete
sex offender treatment | ||||||
14 | conducted in conformance with the standards developed by
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15 | the Sex
Offender Management Board Act by a treatment | ||||||
16 | provider approved by the Board;
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17 | (7.6) if convicted of a sex offense as defined in the | ||||||
18 | Sex Offender
Management Board Act, refrain from residing at | ||||||
19 | the same address or in the same condominium unit or | ||||||
20 | apartment unit or in the same condominium complex or | ||||||
21 | apartment complex with another person he or she knows or | ||||||
22 | reasonably should know is a convicted sex offender or has | ||||||
23 | been placed on supervision for a sex offense; the | ||||||
24 | provisions of this paragraph do not apply to a person | ||||||
25 | convicted of a sex offense who is placed in a Department of | ||||||
26 | Corrections licensed transitional housing facility for sex |
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1 | offenders, or is in any facility operated or licensed by | ||||||
2 | the Department of Children and Family Services or by the | ||||||
3 | Department of Human Services, or is in any licensed medical | ||||||
4 | facility;
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5 | (7.7) if convicted for an offense that would qualify | ||||||
6 | the accused as a sexual predator under the Sex Offender | ||||||
7 | Registration Act on or after the effective date of this | ||||||
8 | amendatory Act of the 94th General Assembly, wear an | ||||||
9 | approved electronic monitoring device as defined in | ||||||
10 | Section 5-8A-2 for the duration of the person's parole, | ||||||
11 | mandatory supervised release term, or extended mandatory | ||||||
12 | supervised release term;
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13 | (7.8) if convicted for an offense committed on or after | ||||||
14 | the effective date of this amendatory Act of the 95th | ||||||
15 | General Assembly that would qualify the accused as a child | ||||||
16 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
17 | Criminal Code of 1961, refrain from communicating with or | ||||||
18 | contacting, by means of the Internet, a person who is not | ||||||
19 | related to the accused and whom the accused reasonably | ||||||
20 | believes to be under 18 years of age; for purposes of this | ||||||
21 | paragraph (7.8), "Internet" has the meaning ascribed to it | ||||||
22 | in Section 16J-5 of the Criminal Code of 1961; and a person | ||||||
23 | is not related to the accused if the person is not: (i) the | ||||||
24 | spouse, brother, or sister of the accused; (ii) a | ||||||
25 | descendant of the accused; (iii) a first or second cousin | ||||||
26 | of the accused; or (iv) a step-child or adopted child of |
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1 | the accused;
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2 | (7.9)
if convicted under Section 11-6, 11-20.1, | ||||||
3 | 11-20.3, or 11-21 of the Criminal Code of 1961, consent to | ||||||
4 | search of computers, PDAs, cellular phones, and other | ||||||
5 | devices under his or her control that are capable of | ||||||
6 | accessing the Internet or storing electronic files, in | ||||||
7 | order to confirm Internet protocol addresses reported in | ||||||
8 | accordance with the Sex Offender Registration Act and | ||||||
9 | compliance with conditions in this Act;
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10 | (7.10)
if convicted for an offense that would qualify | ||||||
11 | the accused as a sex offender or sexual predator under the | ||||||
12 | Sex Offender Registration Act on or after the effective | ||||||
13 | date of this amendatory Act of the 95th General Assembly, | ||||||
14 | not possess prescription drugs for erectile dysfunction;
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15 | (8) obtain permission of an agent of the Department of | ||||||
16 | Corrections before
leaving the
State of Illinois;
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17 | (9) obtain permission of an agent of the Department of | ||||||
18 | Corrections before
changing
his or her residence or | ||||||
19 | employment;
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20 | (10) consent to a search of his or her person, | ||||||
21 | property, or residence
under his or her
control;
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22 | (11) refrain from the use or possession of narcotics or | ||||||
23 | other controlled
substances in
any form, or both, or any | ||||||
24 | paraphernalia related to those substances and submit
to a
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25 | urinalysis test as instructed by a parole agent of the | ||||||
26 | Department of
Corrections;
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1 | (12) not frequent places where controlled substances | ||||||
2 | are illegally sold,
used,
distributed, or administered;
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3 | (13) not knowingly associate with other persons on | ||||||
4 | parole or mandatory
supervised
release without prior | ||||||
5 | written permission of his or her parole agent and not
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6 | associate with
persons who are members of an organized gang | ||||||
7 | as that term is defined in the
Illinois
Streetgang | ||||||
8 | Terrorism Omnibus Prevention Act;
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9 | (14) provide true and accurate information, as it | ||||||
10 | relates to his or her
adjustment in the
community while on | ||||||
11 | parole or mandatory supervised release or to his or her
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12 | conduct
while incarcerated, in response to inquiries by his | ||||||
13 | or her parole agent or of
the
Department of Corrections;
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14 | (15) follow any specific instructions provided by the | ||||||
15 | parole agent that
are consistent
with furthering | ||||||
16 | conditions set and approved by the Prisoner Review Board or | ||||||
17 | by
law,
exclusive of placement on electronic detention, to | ||||||
18 | achieve the goals and
objectives of his
or her parole or | ||||||
19 | mandatory supervised release or to protect the public. | ||||||
20 | These
instructions by the parole agent may be modified at | ||||||
21 | any time, as the agent
deems
appropriate;
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22 | (16) if convicted of a sex offense as defined in | ||||||
23 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
24 | offender is a parent or guardian of the person under 18 | ||||||
25 | years of age present in the home and no non-familial minors | ||||||
26 | are present, not participate in a holiday event involving |
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1 | children under 18 years of age, such as distributing candy | ||||||
2 | or other items to children on Halloween, wearing a Santa | ||||||
3 | Claus costume on or preceding Christmas, being employed as | ||||||
4 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
5 | costume on or preceding Easter; and | ||||||
6 | (17) if convicted of a violation of an order of | ||||||
7 | protection under Section 12-30 of the Criminal Code of | ||||||
8 | 1961, be placed under electronic surveillance as provided | ||||||
9 | in Section 5-8A-7 of this Code. | ||||||
10 | (b) The Board may in addition to other conditions
require | ||||||
11 | that the subject:
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12 | (1) work or pursue a course of study or vocational | ||||||
13 | training;
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14 | (2) undergo medical or psychiatric treatment, or | ||||||
15 | treatment
for drug addiction or alcoholism;
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16 | (3) attend or reside in a facility established for the
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17 | instruction or residence of persons on probation or parole;
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18 | (4) support his dependents;
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19 | (5) (blank);
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20 | (6) (blank);
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21 | (7) comply with the terms and conditions of an order of | ||||||
22 | protection
issued pursuant to the Illinois Domestic | ||||||
23 | Violence Act of 1986, enacted by the
84th General Assembly, | ||||||
24 | or an order of protection issued by the court of another
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25 | state, tribe, or United States territory;
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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, refrain from communicating with or | ||||||
5 | contacting, by means of the Internet, a person who is | ||||||
6 | related to the accused and whom the accused reasonably | ||||||
7 | believes to be under 18 years of age; for purposes of this | ||||||
8 | paragraph (7.5), "Internet" has the meaning ascribed to it | ||||||
9 | in Section 16J-5 of the Criminal Code of 1961; and a person | ||||||
10 | is related to the accused if the person is: (i) the spouse, | ||||||
11 | brother, or sister of the accused; (ii) a descendant of the | ||||||
12 | accused; (iii) a first or second cousin of the accused; or | ||||||
13 | (iv) a step-child or adopted child of the accused; and
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14 | (8) in addition, if a minor:
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15 | (i) reside with his parents or in a foster home;
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16 | (ii) attend school;
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17 | (iii) attend a non-residential program for youth; | ||||||
18 | or
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19 | (iv) contribute to his own support at home or in a | ||||||
20 | foster
home.
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21 | (b-1) In addition to the conditions set forth in | ||||||
22 | subsections (a) and (b), persons required to register as sex | ||||||
23 | offenders pursuant to the Sex Offender Registration Act, upon | ||||||
24 | release from the custody of the Illinois Department of | ||||||
25 | Corrections, may be required by the Board to comply with the | ||||||
26 | following specific conditions of release: |
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1 | (1) reside only at a Department approved location; | ||||||
2 | (2) comply with all requirements of the Sex Offender | ||||||
3 | Registration Act;
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4 | (3) notify
third parties of the risks that may be | ||||||
5 | occasioned by his or her criminal record; | ||||||
6 | (4) obtain the approval of an agent of the Department | ||||||
7 | of Corrections prior to accepting employment or pursuing a | ||||||
8 | course of study or vocational training and notify the | ||||||
9 | Department prior to any change in employment, study, or | ||||||
10 | training; | ||||||
11 | (5) not be employed or participate in any
volunteer | ||||||
12 | activity that involves contact with children, except under | ||||||
13 | circumstances approved in advance and in writing by an | ||||||
14 | agent of the Department of Corrections; | ||||||
15 | (6) be electronically monitored for a minimum of 12 | ||||||
16 | months from the date of release as determined by the Board;
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17 | (7) refrain from entering into a designated
geographic | ||||||
18 | area except upon terms approved in advance by an agent of | ||||||
19 | the Department of Corrections. The terms may include | ||||||
20 | consideration of the purpose of the entry, the time of day, | ||||||
21 | and others accompanying the person; | ||||||
22 | (8) refrain from having any contact, including
written | ||||||
23 | or oral communications, directly or indirectly, personally | ||||||
24 | or by telephone, letter, or through a third party with | ||||||
25 | certain specified persons including, but not limited to, | ||||||
26 | the victim or the victim's family without the prior written |
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1 | approval of an agent of the Department of Corrections; | ||||||
2 | (9) refrain from all contact, directly or
indirectly, | ||||||
3 | personally, by telephone, letter, or through a third party, | ||||||
4 | with minor children without prior identification and | ||||||
5 | approval of an agent of the Department of Corrections; | ||||||
6 | (10) neither possess or have under his or her
control | ||||||
7 | any material that is sexually oriented, sexually | ||||||
8 | stimulating, or that shows male or female sex organs or any | ||||||
9 | pictures depicting children under 18 years of age nude or | ||||||
10 | any written or audio material describing sexual | ||||||
11 | intercourse or that depicts or alludes to sexual activity, | ||||||
12 | including but not limited to visual, auditory, telephonic, | ||||||
13 | or electronic media, or any matter obtained through access | ||||||
14 | to any computer or material linked to computer access use; | ||||||
15 | (11) not patronize any business providing
sexually | ||||||
16 | stimulating or sexually oriented entertainment nor utilize | ||||||
17 | "900" or adult telephone numbers; | ||||||
18 | (12) not reside near, visit, or be in or about
parks, | ||||||
19 | schools, day care centers, swimming pools, beaches, | ||||||
20 | theaters, or any other places where minor children | ||||||
21 | congregate without advance approval of an agent of the | ||||||
22 | Department of Corrections and immediately report any | ||||||
23 | incidental contact with minor children to the Department; | ||||||
24 | (13) not possess or have under his or her control
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25 | certain specified items of contraband related to the | ||||||
26 | incidence of sexually offending as determined by an agent |
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1 | of the Department of Corrections; | ||||||
2 | (14) may be required to provide a written daily log of | ||||||
3 | activities
if directed by an agent of the Department of | ||||||
4 | Corrections; | ||||||
5 | (15) comply with all other special conditions
that the | ||||||
6 | Department may impose that restrict the person from | ||||||
7 | high-risk situations and limit access to potential | ||||||
8 | victims; | ||||||
9 | (16) take an annual polygraph exam; | ||||||
10 | (17) maintain a log of his or her travel; or | ||||||
11 | (18) obtain prior approval of his or her parole officer | ||||||
12 | before driving alone in a motor vehicle.
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13 | (c) The conditions under which the parole or mandatory
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14 | supervised release is to be served shall be communicated to
the | ||||||
15 | person in writing prior to his release, and he shall
sign the | ||||||
16 | same before release. A signed copy of these conditions,
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17 | including a copy of an order of protection where one had been | ||||||
18 | issued by the
criminal court, shall be retained by the person | ||||||
19 | and another copy forwarded to
the officer in charge of his | ||||||
20 | supervision.
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21 | (d) After a hearing under Section 3-3-9, the Prisoner
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22 | Review Board may modify or enlarge the conditions of parole
or | ||||||
23 | mandatory supervised release.
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24 | (e) The Department shall inform all offenders committed to
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25 | the Department of the optional services available to them
upon | ||||||
26 | release and shall assist inmates in availing themselves
of such |
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1 | optional services upon their release on a voluntary
basis. | ||||||
2 | (f) When the subject is in compliance with all conditions | ||||||
3 | of his or her parole or mandatory supervised release, the | ||||||
4 | subject shall receive a reduction of the period of his or her | ||||||
5 | parole or mandatory supervised release of 90 days upon passage | ||||||
6 | of the high school level Test of General Educational | ||||||
7 | Development during the period of his or her parole or mandatory | ||||||
8 | supervised release. This reduction in the period of a subject's | ||||||
9 | term of parole or mandatory supervised release shall be | ||||||
10 | available only to subjects who have not previously earned a | ||||||
11 | high school diploma or who have not previously passed the high | ||||||
12 | school level Test of General Educational Development.
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13 | (g) The Board, as a condition of parole or mandatory | ||||||
14 | supervised release of a person paroled or released on mandatory | ||||||
15 | supervised release on or after January 1, 2009, shall impose a | ||||||
16 | fee not to exceed $15 per month of parole or mandatory | ||||||
17 | supervised release, unless, after determining the inability of | ||||||
18 | the parolee or releasee to pay the fee, the Board assesses a | ||||||
19 | lesser amount. The fee shall be imposed only upon an offender | ||||||
20 | who is actively supervised by the Department of Corrections. | ||||||
21 | The fee shall be collected by the parolee's or releasee's | ||||||
22 | supervising agent within one month after receipt and shall be | ||||||
23 | remitted to the State Treasurer for deposit into the | ||||||
24 | Ex-Offender Fund which is created in the State Treasury. Moneys | ||||||
25 | in the fund shall be used to provide low-interest loans for | ||||||
26 | ex-offenders to start-up their own businesses and to fund the |
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1 | administrative costs of this program. | ||||||
2 | (A) Except as provided in clause (D), all offenders | ||||||
3 | placed under parole or mandatory supervised release | ||||||
4 | supervision of the Prisoner Review Board are required to | ||||||
5 | pay a parole maintenance fee not to exceed $15 per month. | ||||||
6 | (B) Offenders shall be notified of the parole | ||||||
7 | maintenance fee in the following ways: | ||||||
8 | (1) offenders assigned to supervision on or after | ||||||
9 | January 1, 2009, shall sign the revised order of Parole | ||||||
10 | which includes the condition requiring payment of the | ||||||
11 | parole maintenance fee; or | ||||||
12 | (2) offenders under supervision before January 1, | ||||||
13 | 2009, shall be issued a directive included herein, | ||||||
14 | requiring payment of the parole maintenance fee. | ||||||
15 | (C) Fees shall be collected as follows: | ||||||
16 | (1) offenders shall be provided instructions on | ||||||
17 | payment methods and procedures; | ||||||
18 | (2) the parole maintenance fee shall be due on the | ||||||
19 | first day of the first full month following placement | ||||||
20 | under Board supervision on parole or mandatory | ||||||
21 | supervised release. The fee shall be due thereafter on | ||||||
22 | the first working day of each month until parole is | ||||||
23 | terminated; | ||||||
24 | (3) payments shall be deemed delinquent after the | ||||||
25 | 15th day of the month, including the final month of | ||||||
26 | supervision; |
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1 | (4) payment instructions and payment vouchers | ||||||
2 | shall be provided to the offender that indicate the | ||||||
3 | following: | ||||||
4 | (i) how to submit payment; | ||||||
5 | (ii) the completed payment voucher shall | ||||||
6 | accompany the payment. | ||||||
7 | If an offender is declared an absconder, parole | ||||||
8 | maintenance fees shall continue to accrue until such | ||||||
9 | time as the case is closed. If the case is active on or | ||||||
10 | after the first day of the month in which the case is | ||||||
11 | suspended and closed, the fee shall be assessed for | ||||||
12 | that month. | ||||||
13 | (D) An offender shall be exempted from paying parole | ||||||
14 | maintenance fees and may apply for a waiver under the | ||||||
15 | following circumstances: | ||||||
16 | (1) if the offender is paying child support; | ||||||
17 | (2) if the offender is actively seeking | ||||||
18 | employment, but remains unemployed. Unemployed | ||||||
19 | offenders capable of being gainfully employed are not | ||||||
20 | eligible for a waiver; | ||||||
21 | (3) if the offender, whose total verified income is | ||||||
22 | at or below the insufficient criteria, may be | ||||||
23 | considered for a waiver. An offender's income is | ||||||
24 | considered insufficient if it is at or below the amount | ||||||
25 | shown in the Insufficient Income Criteria chart | ||||||
26 | included in the Request for Waiver of Parole |
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1 | Maintenance Fees. Income from all family members in the | ||||||
2 | household shall be used to calculate whether the waiver | ||||||
3 | is appropriate. If a person lives with his or her | ||||||
4 | family, the combined income of all family members shall | ||||||
5 | be used (non-relatives, such as housemates, shall be | ||||||
6 | excluded). For a waiver to be considered, the offender | ||||||
7 | must provide appropriate records to document household | ||||||
8 | income. Once the officer verifies the offender meets | ||||||
9 | one of the waiver criteria above, the officer shall | ||||||
10 | complete the Request for Waiver of Intervention Fees | ||||||
11 | form and submit it to the district administrator for | ||||||
12 | approval. If approved, waivers are valid for a maximum | ||||||
13 | of 90 days. The district administrator shall make the | ||||||
14 | waiver entry into the computer system. If the officer | ||||||
15 | determines the waiver should be renewed beyond that | ||||||
16 | point, a new request for Waiver of Parole Maintenance | ||||||
17 | fees form must be submitted for approval. However, at | ||||||
18 | any point the officer determines that the offender is | ||||||
19 | again capable of paying monthly intervention fees, | ||||||
20 | supervisory approval is not necessary to rescind the | ||||||
21 | waiver. | ||||||
22 | (E) The following process for sanctions regarding | ||||||
23 | nonpayment shall be applied: | ||||||
24 | (1) within 10 working day of becoming aware that an | ||||||
25 | offender has failed to submit the parole maintenance | ||||||
26 | fee, the supervising officer shall contact the |
| |||||||
| |||||||
1 | offender in writing, by phone, or in person to remind | ||||||
2 | them of the payment obligation; | ||||||
3 | (2) the supervising officer should direct the | ||||||
4 | offender to specific programs or services that will | ||||||
5 | assist him or her in addressing his or her inability to | ||||||
6 | pay (i.e. financial management program, employment | ||||||
7 | counseling or job seeking classes, substance abuse | ||||||
8 | counseling, mental health counseling, etc., or a | ||||||
9 | combination of these); | ||||||
10 | (3) the supervising officer shall establish a | ||||||
11 | payment plan, via a written directive, with the | ||||||
12 | offender, to address any arrearage within a reasonable | ||||||
13 | time, given the offender's individual circumstances; | ||||||
14 | (4) should the offender become 3 months late in | ||||||
15 | parole maintenance fee payments, the Illinois Attorney | ||||||
16 | General or the State's Attorney of the county in which | ||||||
17 | the offender is paroled, may bring a civil action to | ||||||
18 | recover unpaid fees that the offender was required to | ||||||
19 | pay. Any amount recovered in the civil action shall be | ||||||
20 | paid into the Ex-Offender Fund. | ||||||
21 | Notwithstanding any other rulemaking authority that may | ||||||
22 | exist, neither the Governor nor any agency or agency head under | ||||||
23 | the jurisdiction of the Governor has any authority to make or | ||||||
24 | promulgate rules to implement or enforce the provisions of this | ||||||
25 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
26 | Governor believes that rules are necessary to implement or |
| |||||||
| |||||||
1 | enforce the provisions of this amendatory Act of the 95th | ||||||
2 | General Assembly, the Governor may suggest rules to the General | ||||||
3 | Assembly by filing them with the Clerk of the House and the | ||||||
4 | Secretary of the Senate and by requesting that the General | ||||||
5 | Assembly authorize such rulemaking by law, enact those | ||||||
6 | suggested rules into law, or take any other appropriate action | ||||||
7 | in the General Assembly's discretion. Nothing contained in this | ||||||
8 | amendatory Act of the 95th General Assembly shall be | ||||||
9 | interpreted to grant rulemaking authority under any other | ||||||
10 | Illinois statute where such authority is not otherwise | ||||||
11 | explicitly given. For the purposes of this subsection (g), | ||||||
12 | "rules" is given the meaning contained in Section 1-70 of the | ||||||
13 | Illinois Administrative Procedure Act, and "agency" and | ||||||
14 | "agency head" are given the meanings contained in Sections 1-20 | ||||||
15 | and 1-25 of the Illinois Administrative Procedure Act to the | ||||||
16 | extent that such definitions apply to agencies or agency heads | ||||||
17 | under the jurisdiction of the Governor. | ||||||
18 | (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | ||||||
19 | 94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; | ||||||
20 | 95-579, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; | ||||||
21 | 95-876, eff. 8-21-08.) | ||||||
22 | (Text of Section after amendment by P.A. 95-983 ) | ||||||
23 | Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | ||||||
24 | Release.
| ||||||
25 | (a) The conditions of parole or mandatory
supervised |
| |||||||
| |||||||
1 | release shall be such as the Prisoner Review
Board deems | ||||||
2 | necessary to assist the subject in leading a
law-abiding life. | ||||||
3 | The conditions of every parole and mandatory
supervised release | ||||||
4 | are that the subject:
| ||||||
5 | (1) not violate any criminal statute of any | ||||||
6 | jurisdiction
during the parole or release term;
| ||||||
7 | (2) refrain from possessing a firearm or other | ||||||
8 | dangerous
weapon;
| ||||||
9 | (3) report to an agent of the Department of | ||||||
10 | Corrections;
| ||||||
11 | (4) permit the agent to visit him or her at his or her | ||||||
12 | home, employment,
or
elsewhere to the
extent necessary for | ||||||
13 | the agent to discharge his or her duties;
| ||||||
14 | (5) attend or reside in a facility established for the | ||||||
15 | instruction or
residence
of persons on
parole or mandatory | ||||||
16 | supervised release;
| ||||||
17 | (6) secure permission before visiting or writing a | ||||||
18 | committed person in an
Illinois Department
of Corrections | ||||||
19 | facility;
| ||||||
20 | (7) report all arrests to an agent of the Department of | ||||||
21 | Corrections as
soon as
permitted by the
arresting authority | ||||||
22 | but in no event later than 24 hours after release from
| ||||||
23 | custody;
| ||||||
24 | (7.5) if convicted of a sex offense as defined in the | ||||||
25 | Sex Offender
Management Board Act, the individual shall | ||||||
26 | undergo and successfully complete
sex offender treatment |
| |||||||
| |||||||
1 | conducted in conformance with the standards developed by
| ||||||
2 | the Sex
Offender Management Board Act by a treatment | ||||||
3 | provider approved by the Board;
| ||||||
4 | (7.6) if convicted of a sex offense as defined in the | ||||||
5 | Sex Offender
Management Board Act, refrain from residing at | ||||||
6 | the same address or in the same condominium unit or | ||||||
7 | apartment unit or in the same condominium complex or | ||||||
8 | apartment complex with another person he or she knows or | ||||||
9 | reasonably should know is a convicted sex offender or has | ||||||
10 | been placed on supervision for a sex offense; the | ||||||
11 | provisions of this paragraph do not apply to a person | ||||||
12 | convicted of a sex offense who is placed in a Department of | ||||||
13 | Corrections licensed transitional housing facility for sex | ||||||
14 | offenders, or is in any facility operated or licensed by | ||||||
15 | the Department of Children and Family Services or by the | ||||||
16 | Department of Human Services, or is in any licensed medical | ||||||
17 | facility;
| ||||||
18 | (7.7) if convicted for an offense that would qualify | ||||||
19 | the accused as a sexual predator under the Sex Offender | ||||||
20 | Registration Act on or after the effective date of this | ||||||
21 | amendatory Act of the 94th General Assembly, wear an | ||||||
22 | approved electronic monitoring device as defined in | ||||||
23 | Section 5-8A-2 for the duration of the person's parole, | ||||||
24 | mandatory supervised release term, or extended mandatory | ||||||
25 | supervised release term;
| ||||||
26 | (7.8) if convicted for an offense committed on or after |
| |||||||
| |||||||
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, refrain from communicating with or | ||||||
5 | contacting, by means of the Internet, a person who is not | ||||||
6 | related to the accused and whom the accused reasonably | ||||||
7 | believes to be under 18 years of age; for purposes of this | ||||||
8 | paragraph (7.8), "Internet" has the meaning ascribed to it | ||||||
9 | in Section 16J-5 of the Criminal Code of 1961; and a person | ||||||
10 | is not related to the accused if the person is not: (i) the | ||||||
11 | spouse, brother, or sister of the accused; (ii) a | ||||||
12 | descendant of the accused; (iii) a first or second cousin | ||||||
13 | of the accused; or (iv) a step-child or adopted child of | ||||||
14 | the accused;
| ||||||
15 | (7.9)
if convicted under Section 11-6, 11-20.1, | ||||||
16 | 11-20.3, or 11-21 of the Criminal Code of 1961, consent to | ||||||
17 | search of computers, PDAs, cellular phones, and other | ||||||
18 | devices under his or her control that are capable of | ||||||
19 | accessing the Internet or storing electronic files, in | ||||||
20 | order to confirm Internet protocol addresses reported in | ||||||
21 | accordance with the Sex Offender Registration Act and | ||||||
22 | compliance with conditions in this Act;
| ||||||
23 | (7.10)
if convicted for an offense that would qualify | ||||||
24 | the accused as a sex offender or sexual predator under the | ||||||
25 | Sex Offender Registration Act on or after the effective | ||||||
26 | date of this amendatory Act of the 95th General Assembly, |
| |||||||
| |||||||
1 | not possess prescription drugs for erectile dysfunction;
| ||||||
2 | (7.11) if convicted for an offense under Section 11-6, | ||||||
3 | 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal | ||||||
4 | Code of 1961, or any attempt to commit any of these | ||||||
5 | offenses, committed on or after June 1, 2009 ( the effective | ||||||
6 | date of Public Act 95-983)
this amendatory Act of the 95th | ||||||
7 | General Assembly : | ||||||
8 | (i) not access or use a computer or any other | ||||||
9 | device with Internet capability without the prior | ||||||
10 | written approval of the Department; | ||||||
11 | (ii) submit to periodic unannounced examinations | ||||||
12 | of the offender's computer or any other device with | ||||||
13 | Internet capability by the offender's supervising | ||||||
14 | agent, a law enforcement officer, or assigned computer | ||||||
15 | or information technology specialist, including the | ||||||
16 | retrieval and copying of all data from the computer or | ||||||
17 | device and any internal or external peripherals and | ||||||
18 | removal of such information, equipment, or device to | ||||||
19 | conduct a more thorough inspection; | ||||||
20 | (iii) submit to the installation on the offender's | ||||||
21 | computer or device with Internet capability, at the | ||||||
22 | offender's expense, of one or more hardware or software | ||||||
23 | systems to monitor the Internet use; and | ||||||
24 | (iv) submit to any other appropriate restrictions | ||||||
25 | concerning the offender's use of or access to a | ||||||
26 | computer or any other device with Internet capability |
| |||||||
| |||||||
1 | imposed by the Board, the Department or the offender's | ||||||
2 | supervising agent; | ||||||
3 | (8) obtain permission of an agent of the Department of | ||||||
4 | Corrections before
leaving the
State of Illinois;
| ||||||
5 | (9) obtain permission of an agent of the Department of | ||||||
6 | Corrections before
changing
his or her residence or | ||||||
7 | employment;
| ||||||
8 | (10) consent to a search of his or her person, | ||||||
9 | property, or residence
under his or her
control;
| ||||||
10 | (11) refrain from the use or possession of narcotics or | ||||||
11 | other controlled
substances in
any form, or both, or any | ||||||
12 | paraphernalia related to those substances and submit
to a
| ||||||
13 | urinalysis test as instructed by a parole agent of the | ||||||
14 | Department of
Corrections;
| ||||||
15 | (12) not frequent places where controlled substances | ||||||
16 | are illegally sold,
used,
distributed, or administered;
| ||||||
17 | (13) not knowingly associate with other persons on | ||||||
18 | parole or mandatory
supervised
release without prior | ||||||
19 | written permission of his or her parole agent and not
| ||||||
20 | associate with
persons who are members of an organized gang | ||||||
21 | as that term is defined in the
Illinois
Streetgang | ||||||
22 | Terrorism Omnibus Prevention Act;
| ||||||
23 | (14) provide true and accurate information, as it | ||||||
24 | relates to his or her
adjustment in the
community while on | ||||||
25 | parole or mandatory supervised release or to his or her
| ||||||
26 | conduct
while incarcerated, in response to inquiries by his |
| |||||||
| |||||||
1 | or her parole agent or of
the
Department of Corrections;
| ||||||
2 | (15) follow any specific instructions provided by the | ||||||
3 | parole agent that
are consistent
with furthering | ||||||
4 | conditions set and approved by the Prisoner Review Board or | ||||||
5 | by
law,
exclusive of placement on electronic detention, to | ||||||
6 | achieve the goals and
objectives of his
or her parole or | ||||||
7 | mandatory supervised release or to protect the public. | ||||||
8 | These
instructions by the parole agent may be modified at | ||||||
9 | any time, as the agent
deems
appropriate;
| ||||||
10 | (16) if convicted of a sex offense as defined in | ||||||
11 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
12 | offender is a parent or guardian of the person under 18 | ||||||
13 | years of age present in the home and no non-familial minors | ||||||
14 | are present, not participate in a holiday event involving | ||||||
15 | children under 18 years of age, such as distributing candy | ||||||
16 | or other items to children on Halloween, wearing a Santa | ||||||
17 | Claus costume on or preceding Christmas, being employed as | ||||||
18 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
19 | costume on or preceding Easter; and | ||||||
20 | (17) if convicted of a violation of an order of | ||||||
21 | protection under Section 12-30 of the Criminal Code of | ||||||
22 | 1961, be placed under electronic surveillance as provided | ||||||
23 | in Section 5-8A-7 of this Code. | ||||||
24 | (b) The Board may in addition to other conditions
require | ||||||
25 | that the subject:
| ||||||
26 | (1) work or pursue a course of study or vocational |
| |||||||
| |||||||
1 | training;
| ||||||
2 | (2) undergo medical or psychiatric treatment, or | ||||||
3 | treatment
for drug addiction or alcoholism;
| ||||||
4 | (3) attend or reside in a facility established for the
| ||||||
5 | instruction or residence of persons on probation or parole;
| ||||||
6 | (4) support his dependents;
| ||||||
7 | (5) (blank);
| ||||||
8 | (6) (blank);
| ||||||
9 | (7) comply with the terms and conditions of an order of | ||||||
10 | protection
issued pursuant to the Illinois Domestic | ||||||
11 | Violence Act of 1986, enacted by the
84th General Assembly, | ||||||
12 | or an order of protection issued by the court of another
| ||||||
13 | state, tribe, or United States territory;
| ||||||
14 | (7.5) if convicted for an offense committed on or after | ||||||
15 | the effective date of this amendatory Act of the 95th | ||||||
16 | General Assembly that would qualify the accused as a child | ||||||
17 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
18 | Criminal Code of 1961, refrain from communicating with or | ||||||
19 | contacting, by means of the Internet, a person who is | ||||||
20 | related to the accused and whom the accused reasonably | ||||||
21 | believes to be under 18 years of age; for purposes of this | ||||||
22 | paragraph (7.5), "Internet" has the meaning ascribed to it | ||||||
23 | in Section 16J-5 of the Criminal Code of 1961; and a person | ||||||
24 | is related to the accused if the person is: (i) the spouse, | ||||||
25 | brother, or sister of the accused; (ii) a descendant of the | ||||||
26 | accused; (iii) a first or second cousin of the accused; or |
| |||||||
| |||||||
1 | (iv) a step-child or adopted child of the accused; | ||||||
2 | (7.6) if convicted for an offense committed on or after | ||||||
3 | June 1, 2009 ( the effective date of Public Act 95-983)
this | ||||||
4 | amendatory Act of the 95th General Assembly that would | ||||||
5 | qualify as a sex offense as defined in the Sex Offender | ||||||
6 | Registration Act: | ||||||
7 | (i) not access or use a computer or any other | ||||||
8 | device with Internet capability without the prior | ||||||
9 | written approval of the Department; | ||||||
10 | (ii) submit to periodic unannounced examinations | ||||||
11 | of the offender's computer or any other device with | ||||||
12 | Internet capability by the offender's supervising | ||||||
13 | agent, a law enforcement officer, or assigned computer | ||||||
14 | or information technology specialist, including the | ||||||
15 | retrieval and copying of all data from the computer or | ||||||
16 | device and any internal or external peripherals and | ||||||
17 | removal of such information, equipment, or device to | ||||||
18 | conduct a more thorough inspection; | ||||||
19 | (iii) submit to the installation on the offender's | ||||||
20 | computer or device with Internet capability, at the | ||||||
21 | offender's expense, of one or more hardware or software | ||||||
22 | systems to monitor the Internet use; and | ||||||
23 | (iv) submit to any other appropriate restrictions | ||||||
24 | concerning the offender's use of or access to a | ||||||
25 | computer or any other device with Internet capability | ||||||
26 | imposed by the Board, the Department or the offender's |
| |||||||
| |||||||
1 | supervising agent; and
| ||||||
2 | (8) in addition, if a minor:
| ||||||
3 | (i) reside with his parents or in a foster home;
| ||||||
4 | (ii) attend school;
| ||||||
5 | (iii) attend a non-residential program for youth; | ||||||
6 | or
| ||||||
7 | (iv) contribute to his own support at home or in a | ||||||
8 | foster
home.
| ||||||
9 | (b-1) In addition to the conditions set forth in | ||||||
10 | subsections (a) and (b), persons required to register as sex | ||||||
11 | offenders pursuant to the Sex Offender Registration Act, upon | ||||||
12 | release from the custody of the Illinois Department of | ||||||
13 | Corrections, may be required by the Board to comply with the | ||||||
14 | following specific conditions of release: | ||||||
15 | (1) reside only at a Department approved location; | ||||||
16 | (2) comply with all requirements of the Sex Offender | ||||||
17 | Registration Act;
| ||||||
18 | (3) notify
third parties of the risks that may be | ||||||
19 | occasioned by his or her criminal record; | ||||||
20 | (4) obtain the approval of an agent of the Department | ||||||
21 | of Corrections prior to accepting employment or pursuing a | ||||||
22 | course of study or vocational training and notify the | ||||||
23 | Department prior to any change in employment, study, or | ||||||
24 | training; | ||||||
25 | (5) not be employed or participate in any
volunteer | ||||||
26 | activity that involves contact with children, except under |
| |||||||
| |||||||
1 | circumstances approved in advance and in writing by an | ||||||
2 | agent of the Department of Corrections; | ||||||
3 | (6) be electronically monitored for a minimum of 12 | ||||||
4 | months from the date of release as determined by the Board;
| ||||||
5 | (7) refrain from entering into a designated
geographic | ||||||
6 | area except upon terms approved in advance by an agent of | ||||||
7 | the Department of Corrections. The terms may include | ||||||
8 | consideration of the purpose of the entry, the time of day, | ||||||
9 | and others accompanying the person; | ||||||
10 | (8) refrain from having any contact, including
written | ||||||
11 | or oral communications, directly or indirectly, personally | ||||||
12 | or by telephone, letter, or through a third party with | ||||||
13 | certain specified persons including, but not limited to, | ||||||
14 | the victim or the victim's family without the prior written | ||||||
15 | approval of an agent of the Department of Corrections; | ||||||
16 | (9) refrain from all contact, directly or
indirectly, | ||||||
17 | personally, by telephone, letter, or through a third party, | ||||||
18 | with minor children without prior identification and | ||||||
19 | approval of an agent of the Department of Corrections; | ||||||
20 | (10) neither possess or have under his or her
control | ||||||
21 | any material that is sexually oriented, sexually | ||||||
22 | stimulating, or that shows male or female sex organs or any | ||||||
23 | pictures depicting children under 18 years of age nude or | ||||||
24 | any written or audio material describing sexual | ||||||
25 | intercourse or that depicts or alludes to sexual activity, | ||||||
26 | including but not limited to visual, auditory, telephonic, |
| |||||||
| |||||||
1 | or electronic media, or any matter obtained through access | ||||||
2 | to any computer or material linked to computer access use; | ||||||
3 | (11) not patronize any business providing
sexually | ||||||
4 | stimulating or sexually oriented entertainment nor utilize | ||||||
5 | "900" or adult telephone numbers; | ||||||
6 | (12) not reside near, visit, or be in or about
parks, | ||||||
7 | schools, day care centers, swimming pools, beaches, | ||||||
8 | theaters, or any other places where minor children | ||||||
9 | congregate without advance approval of an agent of the | ||||||
10 | Department of Corrections and immediately report any | ||||||
11 | incidental contact with minor children to the Department; | ||||||
12 | (13) not possess or have under his or her control
| ||||||
13 | certain specified items of contraband related to the | ||||||
14 | incidence of sexually offending as determined by an agent | ||||||
15 | of the Department of Corrections; | ||||||
16 | (14) may be required to provide a written daily log of | ||||||
17 | activities
if directed by an agent of the Department of | ||||||
18 | Corrections; | ||||||
19 | (15) comply with all other special conditions
that the | ||||||
20 | Department may impose that restrict the person from | ||||||
21 | high-risk situations and limit access to potential | ||||||
22 | victims; | ||||||
23 | (16) take an annual polygraph exam; | ||||||
24 | (17) maintain a log of his or her travel; or | ||||||
25 | (18) obtain prior approval of his or her parole officer | ||||||
26 | before driving alone in a motor vehicle.
|
| |||||||
| |||||||
1 | (c) The conditions under which the parole or mandatory
| ||||||
2 | supervised release is to be served shall be communicated to
the | ||||||
3 | person in writing prior to his release, and he shall
sign the | ||||||
4 | same before release. A signed copy of these conditions,
| ||||||
5 | including a copy of an order of protection where one had been | ||||||
6 | issued by the
criminal court, shall be retained by the person | ||||||
7 | and another copy forwarded to
the officer in charge of his | ||||||
8 | supervision.
| ||||||
9 | (d) After a hearing under Section 3-3-9, the Prisoner
| ||||||
10 | Review Board may modify or enlarge the conditions of parole
or | ||||||
11 | mandatory supervised release.
| ||||||
12 | (e) The Department shall inform all offenders committed to
| ||||||
13 | the Department of the optional services available to them
upon | ||||||
14 | release and shall assist inmates in availing themselves
of such | ||||||
15 | optional services upon their release on a voluntary
basis. | ||||||
16 | (f) When the subject is in compliance with all conditions | ||||||
17 | of his or her parole or mandatory supervised release, the | ||||||
18 | subject shall receive a reduction of the period of his or her | ||||||
19 | parole or mandatory supervised release of 90 days upon passage | ||||||
20 | of the high school level Test of General Educational | ||||||
21 | Development during the period of his or her parole or mandatory | ||||||
22 | supervised release. This reduction in the period of a subject's | ||||||
23 | term of parole or mandatory supervised release shall be | ||||||
24 | available only to subjects who have not previously earned a | ||||||
25 | high school diploma or who have not previously passed the high | ||||||
26 | school level Test of General Educational Development.
|
| |||||||
| |||||||
1 | (g) The Board, as a condition of parole or mandatory | ||||||
2 | supervised release of a person paroled or released on mandatory | ||||||
3 | supervised release on or after January 1, 2009, shall impose a | ||||||
4 | fee not to exceed $15 per month of parole or mandatory | ||||||
5 | supervised release, unless, after determining the inability of | ||||||
6 | the parolee or releasee to pay the fee, the Board assesses a | ||||||
7 | lesser amount. The fee shall be imposed only upon an offender | ||||||
8 | who is actively supervised by the Department of Corrections. | ||||||
9 | The fee shall be collected by the parolee's or releasee's | ||||||
10 | supervising agent within one month after receipt and shall be | ||||||
11 | remitted to the State Treasurer for deposit into the | ||||||
12 | Ex-Offender Fund which is created in the State Treasury. Moneys | ||||||
13 | in the fund shall be used to provide low-interest loans for | ||||||
14 | ex-offenders to start-up their own businesses and to fund the | ||||||
15 | administrative costs of this program. | ||||||
16 | (A) Except as provided in clause (D), all offenders | ||||||
17 | placed under parole or mandatory supervised release | ||||||
18 | supervision of the Prisoner Review Board are required to | ||||||
19 | pay a parole maintenance fee not to exceed $15 per month. | ||||||
20 | (B) Offenders shall be notified of the parole | ||||||
21 | maintenance fee in the following ways: | ||||||
22 | (1) offenders assigned to supervision on or after | ||||||
23 | January 1, 2009, shall sign the revised order of Parole | ||||||
24 | which includes the condition requiring payment of the | ||||||
25 | parole maintenance fee; or | ||||||
26 | (2) offenders under supervision before January 1, |
| |||||||
| |||||||
1 | 2009, shall be issued a directive included herein, | ||||||
2 | requiring payment of the parole maintenance fee. | ||||||
3 | (C) Fees shall be collected as follows: | ||||||
4 | (1) offenders shall be provided instructions on | ||||||
5 | payment methods and procedures; | ||||||
6 | (2) the parole maintenance fee shall be due on the | ||||||
7 | first day of the first full month following placement | ||||||
8 | under Board supervision on parole or mandatory | ||||||
9 | supervised release. The fee shall be due thereafter on | ||||||
10 | the first working day of each month until parole is | ||||||
11 | terminated; | ||||||
12 | (3) payments shall be deemed delinquent after the | ||||||
13 | 15th day of the month, including the final month of | ||||||
14 | supervision; | ||||||
15 | (4) payment instructions and payment vouchers | ||||||
16 | shall be provided to the offender that indicate the | ||||||
17 | following: | ||||||
18 | (i) how to submit payment; | ||||||
19 | (ii) the completed payment voucher shall | ||||||
20 | accompany the payment. | ||||||
21 | If an offender is declared an absconder, parole | ||||||
22 | maintenance fees shall continue to accrue until such | ||||||
23 | time as the case is closed. If the case is active on or | ||||||
24 | after the first day of the month in which the case is | ||||||
25 | suspended and closed, the fee shall be assessed for | ||||||
26 | that month. |
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1 | (D) An offender shall be exempted from paying parole | ||||||
2 | maintenance fees and may apply for a waiver under the | ||||||
3 | following circumstances: | ||||||
4 | (1) if the offender is paying child support; | ||||||
5 | (2) if the offender is actively seeking | ||||||
6 | employment, but remains unemployed. Unemployed | ||||||
7 | offenders capable of being gainfully employed are not | ||||||
8 | eligible for a waiver; | ||||||
9 | (3) if the offender, whose total verified income is | ||||||
10 | at or below the insufficient criteria, may be | ||||||
11 | considered for a waiver. An offender's income is | ||||||
12 | considered insufficient if it is at or below the amount | ||||||
13 | shown in the Insufficient Income Criteria chart | ||||||
14 | included in the Request for Waiver of Parole | ||||||
15 | Maintenance Fees. Income from all family members in the | ||||||
16 | household shall be used to calculate whether the waiver | ||||||
17 | is appropriate. If a person lives with his or her | ||||||
18 | family, the combined income of all family members shall | ||||||
19 | be used (non-relatives, such as housemates, shall be | ||||||
20 | excluded). For a waiver to be considered, the offender | ||||||
21 | must provide appropriate records to document household | ||||||
22 | income. Once the officer verifies the offender meets | ||||||
23 | one of the waiver criteria above, the officer shall | ||||||
24 | complete the Request for Waiver of Intervention Fees | ||||||
25 | form and submit it to the district administrator for | ||||||
26 | approval. If approved, waivers are valid for a maximum |
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1 | of 90 days. The district administrator shall make the | ||||||
2 | waiver entry into the computer system. If the officer | ||||||
3 | determines the waiver should be renewed beyond that | ||||||
4 | point, a new request for Waiver of Parole Maintenance | ||||||
5 | fees form must be submitted for approval. However, at | ||||||
6 | any point the officer determines that the offender is | ||||||
7 | again capable of paying monthly intervention fees, | ||||||
8 | supervisory approval is not necessary to rescind the | ||||||
9 | waiver. | ||||||
10 | (E) The following process for sanctions regarding | ||||||
11 | nonpayment shall be applied: | ||||||
12 | (1) within 10 working day of becoming aware that an | ||||||
13 | offender has failed to submit the parole maintenance | ||||||
14 | fee, the supervising officer shall contact the | ||||||
15 | offender in writing, by phone, or in person to remind | ||||||
16 | them of the payment obligation; | ||||||
17 | (2) the supervising officer should direct the | ||||||
18 | offender to specific programs or services that will | ||||||
19 | assist him or her in addressing his or her inability to | ||||||
20 | pay (i.e. financial management program, employment | ||||||
21 | counseling or job seeking classes, substance abuse | ||||||
22 | counseling, mental health counseling, etc., or a | ||||||
23 | combination of these); | ||||||
24 | (3) the supervising officer shall establish a | ||||||
25 | payment plan, via a written directive, with the | ||||||
26 | offender, to address any arrearage within a reasonable |
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1 | time, given the offender's individual circumstances; | ||||||
2 | (4) should the offender become 3 months late in | ||||||
3 | parole maintenance fee payments, the Illinois Attorney | ||||||
4 | General or the State's Attorney of the county in which | ||||||
5 | the offender is paroled, may bring a civil action to | ||||||
6 | recover unpaid fees that the offender was required to | ||||||
7 | pay. Any amount recovered in the civil action shall be | ||||||
8 | paid into the Ex-Offender Fund. | ||||||
9 | Notwithstanding any other rulemaking authority that may | ||||||
10 | exist, neither the Governor nor any agency or agency head under | ||||||
11 | the jurisdiction of the Governor has any authority to make or | ||||||
12 | promulgate rules to implement or enforce the provisions of this | ||||||
13 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
14 | Governor believes that rules are necessary to implement or | ||||||
15 | enforce the provisions of this amendatory Act of the 95th | ||||||
16 | General Assembly, the Governor may suggest rules to the General | ||||||
17 | Assembly by filing them with the Clerk of the House and the | ||||||
18 | Secretary of the Senate and by requesting that the General | ||||||
19 | Assembly authorize such rulemaking by law, enact those | ||||||
20 | suggested rules into law, or take any other appropriate action | ||||||
21 | in the General Assembly's discretion. Nothing contained in this | ||||||
22 | amendatory Act of the 95th General Assembly shall be | ||||||
23 | interpreted to grant rulemaking authority under any other | ||||||
24 | Illinois statute where such authority is not otherwise | ||||||
25 | explicitly given. For the purposes of this subsection (g), | ||||||
26 | "rules" is given the meaning contained in Section 1-70 of the |
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1 | Illinois Administrative Procedure Act, and "agency" and | ||||||
2 | "agency head" are given the meanings contained in Sections 1-20 | ||||||
3 | and 1-25 of the Illinois Administrative Procedure Act to the | ||||||
4 | extent that such definitions apply to agencies or agency heads | ||||||
5 | under the jurisdiction of the Governor. | ||||||
6 | (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | ||||||
7 | 94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; | ||||||
8 | 95-579, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; | ||||||
9 | 95-876, eff. 8-21-08; 95-983, eff. 6-1-09; revised 10-20-08.) | ||||||
10 | Section 95. No acceleration or delay. Where this Act makes | ||||||
11 | changes in a statute that is represented in this Act by text | ||||||
12 | that is not yet or no longer in effect (for example, a Section | ||||||
13 | represented by multiple versions), the use of that text does | ||||||
14 | not accelerate or delay the taking effect of (i) the changes | ||||||
15 | made by this Act or (ii) provisions derived from any other | ||||||
16 | Public Act.
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17 | Section 99. Effective date. This Act takes effect January | ||||||
18 | 1, 2009.".
|