Rep. LaShawn K. Ford
Filed: 11/17/2008
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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) Rulemaking authority to implement this amendatory Act | ||||||
3 | of the 95th General Assembly, if any, is conditioned on the | ||||||
4 | rules being adopted in accordance with all provisions of the | ||||||
5 | Illinois Administrative Procedure Act and all rules and | ||||||
6 | procedures of the Joint Committee on Administrative Rules; any | ||||||
7 | purported rule not so adopted, for whatever reason, is | ||||||
8 | unauthorized. | ||||||
9 | Section 10. The State Finance Act is amended by adding | ||||||
10 | Section 5.719 as follows: | ||||||
11 | (30 ILCS 105/5.719 new) | ||||||
12 | Sec. 5.719. The Ex-Offender Fund. | ||||||
13 | Section 15. The Unified Code of Corrections is amended by | ||||||
14 | changing Section 3-3-7 as follows: | ||||||
15 | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | ||||||
16 | (Text of Section before amendment by P.A. 95-983 ) | ||||||
17 | Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | ||||||
18 | Release.
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19 | (a) The conditions of parole or mandatory
supervised | ||||||
20 | release shall be such as the Prisoner Review
Board deems | ||||||
21 | necessary to assist the subject in leading a
law-abiding life. | ||||||
22 | The conditions of every parole and mandatory
supervised release |
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1 | are that the subject:
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2 | (1) not violate any criminal statute of any | ||||||
3 | jurisdiction
during the parole or release term;
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4 | (2) refrain from possessing a firearm or other | ||||||
5 | dangerous
weapon;
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6 | (3) report to an agent of the Department of | ||||||
7 | Corrections;
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8 | (4) permit the agent to visit him or her at his or her | ||||||
9 | home, employment,
or
elsewhere to the
extent necessary for | ||||||
10 | the agent to discharge his or her duties;
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11 | (5) attend or reside in a facility established for the | ||||||
12 | instruction or
residence
of persons on
parole or mandatory | ||||||
13 | supervised release;
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14 | (6) secure permission before visiting or writing a | ||||||
15 | committed person in an
Illinois Department
of Corrections | ||||||
16 | facility;
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17 | (7) report all arrests to an agent of the Department of | ||||||
18 | Corrections as
soon as
permitted by the
arresting authority | ||||||
19 | but in no event later than 24 hours after release from
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20 | custody;
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21 | (7.5) if convicted of a sex offense as defined in the | ||||||
22 | Sex Offender
Management Board Act, the individual shall | ||||||
23 | undergo and successfully complete
sex offender treatment | ||||||
24 | conducted in conformance with the standards developed by
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25 | the Sex
Offender Management Board Act by a treatment | ||||||
26 | provider approved by the Board;
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1 | (7.6) if convicted of a sex offense as defined in the | ||||||
2 | Sex Offender
Management Board Act, refrain from residing at | ||||||
3 | the same address or in the same condominium unit or | ||||||
4 | apartment unit or in the same condominium complex or | ||||||
5 | apartment complex with another person he or she knows or | ||||||
6 | reasonably should know is a convicted sex offender or has | ||||||
7 | been placed on supervision for a sex offense; the | ||||||
8 | provisions of this paragraph do not apply to a person | ||||||
9 | convicted of a sex offense who is placed in a Department of | ||||||
10 | Corrections licensed transitional housing facility for sex | ||||||
11 | offenders, or is in any facility operated or licensed by | ||||||
12 | the Department of Children and Family Services or by the | ||||||
13 | Department of Human Services, or is in any licensed medical | ||||||
14 | facility;
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15 | (7.7) if convicted for an offense that would qualify | ||||||
16 | the accused as a sexual predator under the Sex Offender | ||||||
17 | Registration Act on or after the effective date of this | ||||||
18 | amendatory Act of the 94th General Assembly, wear an | ||||||
19 | approved electronic monitoring device as defined in | ||||||
20 | Section 5-8A-2 for the duration of the person's parole, | ||||||
21 | mandatory supervised release term, or extended mandatory | ||||||
22 | supervised release term;
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23 | (7.8) if convicted for an offense committed on or after | ||||||
24 | the effective date of this amendatory Act of the 95th | ||||||
25 | General Assembly that would qualify the accused as a child | ||||||
26 | sex offender as defined in Section 11-9.3 or 11-9.4 of the |
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1 | Criminal Code of 1961, refrain from communicating with or | ||||||
2 | contacting, by means of the Internet, a person who is not | ||||||
3 | related to the accused and whom the accused reasonably | ||||||
4 | believes to be under 18 years of age; for purposes of this | ||||||
5 | paragraph (7.8), "Internet" has the meaning ascribed to it | ||||||
6 | in Section 16J-5 of the Criminal Code of 1961; and a person | ||||||
7 | is not related to the accused if the person is not: (i) the | ||||||
8 | spouse, brother, or sister of the accused; (ii) a | ||||||
9 | descendant of the accused; (iii) a first or second cousin | ||||||
10 | of the accused; or (iv) a step-child or adopted child of | ||||||
11 | the accused;
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12 | (7.9)
if convicted under Section 11-6, 11-20.1, | ||||||
13 | 11-20.3, or 11-21 of the Criminal Code of 1961, consent to | ||||||
14 | search of computers, PDAs, cellular phones, and other | ||||||
15 | devices under his or her control that are capable of | ||||||
16 | accessing the Internet or storing electronic files, in | ||||||
17 | order to confirm Internet protocol addresses reported in | ||||||
18 | accordance with the Sex Offender Registration Act and | ||||||
19 | compliance with conditions in this Act;
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20 | (7.10)
if convicted for an offense that would qualify | ||||||
21 | the accused as a sex offender or sexual predator under the | ||||||
22 | Sex Offender Registration Act on or after the effective | ||||||
23 | date of this amendatory Act of the 95th General Assembly, | ||||||
24 | not possess prescription drugs for erectile dysfunction;
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25 | (8) obtain permission of an agent of the Department of | ||||||
26 | Corrections before
leaving the
State of Illinois;
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1 | (9) obtain permission of an agent of the Department of | ||||||
2 | Corrections before
changing
his or her residence or | ||||||
3 | employment;
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4 | (10) consent to a search of his or her person, | ||||||
5 | property, or residence
under his or her
control;
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6 | (11) refrain from the use or possession of narcotics or | ||||||
7 | other controlled
substances in
any form, or both, or any | ||||||
8 | paraphernalia related to those substances and submit
to a
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9 | urinalysis test as instructed by a parole agent of the | ||||||
10 | Department of
Corrections;
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11 | (12) not frequent places where controlled substances | ||||||
12 | are illegally sold,
used,
distributed, or administered;
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13 | (13) not knowingly associate with other persons on | ||||||
14 | parole or mandatory
supervised
release without prior | ||||||
15 | written permission of his or her parole agent and not
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16 | associate with
persons who are members of an organized gang | ||||||
17 | as that term is defined in the
Illinois
Streetgang | ||||||
18 | Terrorism Omnibus Prevention Act;
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19 | (14) provide true and accurate information, as it | ||||||
20 | relates to his or her
adjustment in the
community while on | ||||||
21 | parole or mandatory supervised release or to his or her
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22 | conduct
while incarcerated, in response to inquiries by his | ||||||
23 | or her parole agent or of
the
Department of Corrections;
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24 | (15) follow any specific instructions provided by the | ||||||
25 | parole agent that
are consistent
with furthering | ||||||
26 | conditions set and approved by the Prisoner Review Board or |
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1 | by
law,
exclusive of placement on electronic detention, to | ||||||
2 | achieve the goals and
objectives of his
or her parole or | ||||||
3 | mandatory supervised release or to protect the public. | ||||||
4 | These
instructions by the parole agent may be modified at | ||||||
5 | any time, as the agent
deems
appropriate;
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6 | (16) if convicted of a sex offense as defined in | ||||||
7 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
8 | offender is a parent or guardian of the person under 18 | ||||||
9 | years of age present in the home and no non-familial minors | ||||||
10 | are present, not participate in a holiday event involving | ||||||
11 | children under 18 years of age, such as distributing candy | ||||||
12 | or other items to children on Halloween, wearing a Santa | ||||||
13 | Claus costume on or preceding Christmas, being employed as | ||||||
14 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
15 | costume on or preceding Easter; and | ||||||
16 | (17) if convicted of a violation of an order of | ||||||
17 | protection under Section 12-30 of the Criminal Code of | ||||||
18 | 1961, be placed under electronic surveillance as provided | ||||||
19 | in Section 5-8A-7 of this Code. | ||||||
20 | (b) The Board may in addition to other conditions
require | ||||||
21 | that the subject:
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22 | (1) work or pursue a course of study or vocational | ||||||
23 | training;
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24 | (2) undergo medical or psychiatric treatment, or | ||||||
25 | treatment
for drug addiction or alcoholism;
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26 | (3) attend or reside in a facility established for the
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1 | instruction or residence of persons on probation or parole;
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2 | (4) support his dependents;
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3 | (5) (blank);
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4 | (6) (blank);
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5 | (7) comply with the terms and conditions of an order of | ||||||
6 | protection
issued pursuant to the Illinois Domestic | ||||||
7 | Violence Act of 1986, enacted by the
84th General Assembly, | ||||||
8 | or an order of protection issued by the court of another
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9 | state, tribe, or United States territory;
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10 | (7.5) if convicted for an offense committed on or after | ||||||
11 | the effective date of this amendatory Act of the 95th | ||||||
12 | General Assembly that would qualify the accused as a child | ||||||
13 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
14 | Criminal Code of 1961, refrain from communicating with or | ||||||
15 | contacting, by means of the Internet, a person who is | ||||||
16 | related to the accused and whom the accused reasonably | ||||||
17 | believes to be under 18 years of age; for purposes of this | ||||||
18 | paragraph (7.5), "Internet" has the meaning ascribed to it | ||||||
19 | in Section 16J-5 of the Criminal Code of 1961; and a person | ||||||
20 | is related to the accused if the person is: (i) the spouse, | ||||||
21 | brother, or sister of the accused; (ii) a descendant of the | ||||||
22 | accused; (iii) a first or second cousin of the accused; or | ||||||
23 | (iv) a step-child or adopted child of the accused; and
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24 | (8) in addition, if a minor:
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25 | (i) reside with his parents or in a foster home;
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26 | (ii) attend school;
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1 | (iii) attend a non-residential program for youth; | ||||||
2 | or
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3 | (iv) contribute to his own support at home or in a | ||||||
4 | foster
home.
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5 | (b-1) In addition to the conditions set forth in | ||||||
6 | subsections (a) and (b), persons required to register as sex | ||||||
7 | offenders pursuant to the Sex Offender Registration Act, upon | ||||||
8 | release from the custody of the Illinois Department of | ||||||
9 | Corrections, may be required by the Board to comply with the | ||||||
10 | following specific conditions of release: | ||||||
11 | (1) reside only at a Department approved location; | ||||||
12 | (2) comply with all requirements of the Sex Offender | ||||||
13 | Registration Act;
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14 | (3) notify
third parties of the risks that may be | ||||||
15 | occasioned by his or her criminal record; | ||||||
16 | (4) obtain the approval of an agent of the Department | ||||||
17 | of Corrections prior to accepting employment or pursuing a | ||||||
18 | course of study or vocational training and notify the | ||||||
19 | Department prior to any change in employment, study, or | ||||||
20 | training; | ||||||
21 | (5) not be employed or participate in any
volunteer | ||||||
22 | activity that involves contact with children, except under | ||||||
23 | circumstances approved in advance and in writing by an | ||||||
24 | agent of the Department of Corrections; | ||||||
25 | (6) be electronically monitored for a minimum of 12 | ||||||
26 | months from the date of release as determined by the Board;
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1 | (7) refrain from entering into a designated
geographic | ||||||
2 | area except upon terms approved in advance by an agent of | ||||||
3 | the Department of Corrections. The terms may include | ||||||
4 | consideration of the purpose of the entry, the time of day, | ||||||
5 | and others accompanying the person; | ||||||
6 | (8) refrain from having any contact, including
written | ||||||
7 | or oral communications, directly or indirectly, personally | ||||||
8 | or by telephone, letter, or through a third party with | ||||||
9 | certain specified persons including, but not limited to, | ||||||
10 | the victim or the victim's family without the prior written | ||||||
11 | approval of an agent of the Department of Corrections; | ||||||
12 | (9) refrain from all contact, directly or
indirectly, | ||||||
13 | personally, by telephone, letter, or through a third party, | ||||||
14 | with minor children without prior identification and | ||||||
15 | approval of an agent of the Department of Corrections; | ||||||
16 | (10) neither possess or have under his or her
control | ||||||
17 | any material that is sexually oriented, sexually | ||||||
18 | stimulating, or that shows male or female sex organs or any | ||||||
19 | pictures depicting children under 18 years of age nude or | ||||||
20 | any written or audio material describing sexual | ||||||
21 | intercourse or that depicts or alludes to sexual activity, | ||||||
22 | including but not limited to visual, auditory, telephonic, | ||||||
23 | or electronic media, or any matter obtained through access | ||||||
24 | to any computer or material linked to computer access use; | ||||||
25 | (11) not patronize any business providing
sexually | ||||||
26 | stimulating or sexually oriented entertainment nor utilize |
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1 | "900" or adult telephone numbers; | ||||||
2 | (12) not reside near, visit, or be in or about
parks, | ||||||
3 | schools, day care centers, swimming pools, beaches, | ||||||
4 | theaters, or any other places where minor children | ||||||
5 | congregate without advance approval of an agent of the | ||||||
6 | Department of Corrections and immediately report any | ||||||
7 | incidental contact with minor children to the Department; | ||||||
8 | (13) not possess or have under his or her control
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9 | certain specified items of contraband related to the | ||||||
10 | incidence of sexually offending as determined by an agent | ||||||
11 | of the Department of Corrections; | ||||||
12 | (14) may be required to provide a written daily log of | ||||||
13 | activities
if directed by an agent of the Department of | ||||||
14 | Corrections; | ||||||
15 | (15) comply with all other special conditions
that the | ||||||
16 | Department may impose that restrict the person from | ||||||
17 | high-risk situations and limit access to potential | ||||||
18 | victims; | ||||||
19 | (16) take an annual polygraph exam; | ||||||
20 | (17) maintain a log of his or her travel; or | ||||||
21 | (18) obtain prior approval of his or her parole officer | ||||||
22 | before driving alone in a motor vehicle.
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23 | (c) The conditions under which the parole or mandatory
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24 | supervised release is to be served shall be communicated to
the | ||||||
25 | person in writing prior to his release, and he shall
sign the | ||||||
26 | same before release. A signed copy of these conditions,
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1 | including a copy of an order of protection where one had been | ||||||
2 | issued by the
criminal court, shall be retained by the person | ||||||
3 | and another copy forwarded to
the officer in charge of his | ||||||
4 | supervision.
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5 | (d) After a hearing under Section 3-3-9, the Prisoner
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6 | Review Board may modify or enlarge the conditions of parole
or | ||||||
7 | mandatory supervised release.
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8 | (e) The Department shall inform all offenders committed to
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9 | the Department of the optional services available to them
upon | ||||||
10 | release and shall assist inmates in availing themselves
of such | ||||||
11 | optional services upon their release on a voluntary
basis. | ||||||
12 | (f) When the subject is in compliance with all conditions | ||||||
13 | of his or her parole or mandatory supervised release, the | ||||||
14 | subject shall receive a reduction of the period of his or her | ||||||
15 | parole or mandatory supervised release of 90 days upon passage | ||||||
16 | of the high school level Test of General Educational | ||||||
17 | Development during the period of his or her parole or mandatory | ||||||
18 | supervised release. This reduction in the period of a subject's | ||||||
19 | term of parole or mandatory supervised release shall be | ||||||
20 | available only to subjects who have not previously earned a | ||||||
21 | high school diploma or who have not previously passed the high | ||||||
22 | school level Test of General Educational Development.
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23 | (g) The Board, as a condition of parole or mandatory | ||||||
24 | supervised release of a person paroled or released on mandatory | ||||||
25 | supervised release on or after January 1, 2009, shall impose a | ||||||
26 | fee not to exceed $15 per month of parole or mandatory |
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1 | supervised release, unless, after determining the inability of | ||||||
2 | the parolee or releasee to pay the fee, the Board assesses a | ||||||
3 | lesser amount. The fee shall be imposed only upon an offender | ||||||
4 | who is actively supervised by the Department of Corrections. | ||||||
5 | The fee shall be collected by the parolee's or releasee's | ||||||
6 | supervising agent within one month after receipt and shall be | ||||||
7 | remitted to the State Treasurer for deposit into the | ||||||
8 | Ex-Offender Fund which is created in the State Treasury. Moneys | ||||||
9 | in the fund shall be used to provide low-interest loans for | ||||||
10 | ex-offenders to start-up their own businesses and to fund the | ||||||
11 | administrative costs of this program. | ||||||
12 | (A) Except as provided in clause (D), all offenders | ||||||
13 | placed under parole or mandatory supervised release | ||||||
14 | supervision of the Prisoner Review Board are required to | ||||||
15 | pay a parole maintenance fee not to exceed $15 per month. | ||||||
16 | (B) Offenders shall be notified of the parole | ||||||
17 | maintenance fee in the following ways: | ||||||
18 | (1) offenders assigned to supervision on or after | ||||||
19 | January 1, 2009, shall sign the revised order of Parole | ||||||
20 | which includes the condition requiring payment of the | ||||||
21 | parole maintenance fee; or | ||||||
22 | (2) offenders under supervision before January 1, | ||||||
23 | 2009, shall be issued a directive included herein, | ||||||
24 | requiring payment of the parole maintenance fee. | ||||||
25 | (C) Fees shall be collected as follows: | ||||||
26 | (1) offenders shall be provided instructions on |
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1 | payment methods and procedures; | ||||||
2 | (2) the parole maintenance fee shall be due on the | ||||||
3 | first day of the first full month following placement | ||||||
4 | under Board supervision on parole or mandatory | ||||||
5 | supervised release. The fee shall be due thereafter on | ||||||
6 | the first working day of each month until parole is | ||||||
7 | terminated; | ||||||
8 | (3) payments shall be deemed delinquent after the | ||||||
9 | 15th day of the month, including the final month of | ||||||
10 | supervision; | ||||||
11 | (4) payment instructions and payment vouchers | ||||||
12 | shall be provided to the offender that indicate the | ||||||
13 | following: | ||||||
14 | (i) how to submit payment; | ||||||
15 | (ii) the completed payment voucher shall | ||||||
16 | accompany the payment. | ||||||
17 | If an offender is declared an absconder, parole | ||||||
18 | maintenance fees shall continue to accrue until such | ||||||
19 | time as the case is closed. If the case is active on or | ||||||
20 | after the first day of the month in which the case is | ||||||
21 | suspended and closed, the fee shall be assessed for | ||||||
22 | that month. | ||||||
23 | (D) An offender shall be exempted from paying parole | ||||||
24 | maintenance fees and may apply for a waiver under the | ||||||
25 | following circumstances: | ||||||
26 | (1) if the offender is paying child support; |
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1 | (2) if the offender is actively seeking | ||||||
2 | employment, but remains unemployed. Unemployed | ||||||
3 | offenders capable of being gainfully employed are not | ||||||
4 | eligible for a waiver; | ||||||
5 | (3) if the offender, whose total verified income is | ||||||
6 | at or below the insufficient criteria, may be | ||||||
7 | considered for a waiver. An offender's income is | ||||||
8 | considered insufficient if it is at or below the amount | ||||||
9 | shown in the Insufficient Income Criteria chart | ||||||
10 | included in the Request for Waiver of Parole | ||||||
11 | Maintenance Fees. Income from all family members in the | ||||||
12 | household shall be used to calculate whether the waiver | ||||||
13 | is appropriate. If a person lives with his or her | ||||||
14 | family, the combined income of all family members shall | ||||||
15 | be used (non-relatives, such as housemates, shall be | ||||||
16 | excluded). For a waiver to be considered, the offender | ||||||
17 | must provide appropriate records to document household | ||||||
18 | income. Once the officer verifies the offender meets | ||||||
19 | one of the waiver criteria above, the officer shall | ||||||
20 | complete the Request for Waiver of Intervention Fees | ||||||
21 | form and submit it to the district administrator for | ||||||
22 | approval. If approved, waivers are valid for a maximum | ||||||
23 | of 90 days. The district administrator shall make the | ||||||
24 | waiver entry into the computer system. If the officer | ||||||
25 | determines the waiver should be renewed beyond that | ||||||
26 | point, a new request for Waiver of Parole Maintenance |
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1 | fees form must be submitted for approval. However, at | ||||||
2 | any point the officer determines that the offender is | ||||||
3 | again capable of paying monthly intervention fees, | ||||||
4 | supervisory approval is not necessary to rescind the | ||||||
5 | waiver. | ||||||
6 | (E) The following process for sanctions regarding | ||||||
7 | nonpayment shall be applied: | ||||||
8 | (1) within 10 working day of becoming aware that an | ||||||
9 | offender has failed to submit the parole maintenance | ||||||
10 | fee, the supervising officer shall contact the | ||||||
11 | offender in writing, by phone, or in person to remind | ||||||
12 | them of the payment obligation; | ||||||
13 | (2) the supervising officer should direct the | ||||||
14 | offender to specific programs or services that will | ||||||
15 | assist him or her in addressing his or her inability to | ||||||
16 | pay (i.e. financial management program, employment | ||||||
17 | counseling or job seeking classes, substance abuse | ||||||
18 | counseling, mental health counseling, etc., or a | ||||||
19 | combination of these); | ||||||
20 | (3) the supervising officer shall establish a | ||||||
21 | payment plan, via a written directive, with the | ||||||
22 | offender, to address any arrearage within a reasonable | ||||||
23 | time, given the offender's individual circumstances; | ||||||
24 | (4) should the offender become 3 months late in | ||||||
25 | parole maintenance fee payments, the Illinois Attorney | ||||||
26 | General or the State's Attorney of the county in which |
| |||||||
| |||||||
1 | the offender is paroled, may bring a civil action to | ||||||
2 | recover unpaid fees that the offender was required to | ||||||
3 | pay. Any amount recovered in the civil action shall be | ||||||
4 | paid into the Ex-Offender Fund. | ||||||
5 | Rulemaking authority to implement this amendatory Act of | ||||||
6 | the 95th General Assembly, if any, is conditioned on the rules | ||||||
7 | being adopted in accordance with all provisions of the Illinois | ||||||
8 | Administrative Procedure Act and all rules and procedures of | ||||||
9 | the Joint Committee on Administrative Rules; any purported rule | ||||||
10 | not so adopted, for whatever reason, is unauthorized. | ||||||
11 | (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | ||||||
12 | 94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; | ||||||
13 | 95-579, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; | ||||||
14 | 95-876, eff. 8-21-08.) | ||||||
15 | (Text of Section after amendment by P.A. 95-983 ) | ||||||
16 | Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | ||||||
17 | Release.
| ||||||
18 | (a) The conditions of parole or mandatory
supervised | ||||||
19 | release shall be such as the Prisoner Review
Board deems | ||||||
20 | necessary to assist the subject in leading a
law-abiding life. | ||||||
21 | The conditions of every parole and mandatory
supervised release | ||||||
22 | are that the subject:
| ||||||
23 | (1) not violate any criminal statute of any | ||||||
24 | jurisdiction
during the parole or release term;
| ||||||
25 | (2) refrain from possessing a firearm or other |
| |||||||
| |||||||
1 | dangerous
weapon;
| ||||||
2 | (3) report to an agent of the Department of | ||||||
3 | Corrections;
| ||||||
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;
| ||||||
7 | (5) attend or reside in a facility established for the | ||||||
8 | instruction or
residence
of persons on
parole or mandatory | ||||||
9 | supervised release;
| ||||||
10 | (6) secure permission before visiting or writing a | ||||||
11 | committed person in an
Illinois Department
of Corrections | ||||||
12 | facility;
| ||||||
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
| ||||||
16 | custody;
| ||||||
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
| ||||||
21 | the Sex
Offender Management Board Act by a treatment | ||||||
22 | provider approved by the Board;
| ||||||
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 |
| |||||||
| |||||||
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;
| ||||||
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;
| ||||||
19 | (7.8) if convicted for an offense committed on or after | ||||||
20 | the effective date of this amendatory Act of the 95th | ||||||
21 | General Assembly that would qualify the accused as a child | ||||||
22 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
23 | Criminal Code of 1961, refrain from communicating with or | ||||||
24 | contacting, by means of the Internet, a person who is not | ||||||
25 | related to the accused and whom the accused reasonably | ||||||
26 | believes to be under 18 years of age; for purposes of this |
| |||||||
| |||||||
1 | paragraph (7.8), "Internet" has the meaning ascribed to it | ||||||
2 | in Section 16J-5 of the Criminal Code of 1961; and a person | ||||||
3 | is not related to the accused if the person is not: (i) the | ||||||
4 | spouse, brother, or sister of the accused; (ii) a | ||||||
5 | descendant of the accused; (iii) a first or second cousin | ||||||
6 | of the accused; or (iv) a step-child or adopted child of | ||||||
7 | the accused;
| ||||||
8 | (7.9)
if convicted under Section 11-6, 11-20.1, | ||||||
9 | 11-20.3, or 11-21 of the Criminal Code of 1961, consent to | ||||||
10 | search of computers, PDAs, cellular phones, and other | ||||||
11 | devices under his or her control that are capable of | ||||||
12 | accessing the Internet or storing electronic files, in | ||||||
13 | order to confirm Internet protocol addresses reported in | ||||||
14 | accordance with the Sex Offender Registration Act and | ||||||
15 | compliance with conditions in this Act;
| ||||||
16 | (7.10)
if convicted for an offense that would qualify | ||||||
17 | the accused as a sex offender or sexual predator under the | ||||||
18 | Sex Offender Registration Act on or after the effective | ||||||
19 | date of this amendatory Act of the 95th General Assembly, | ||||||
20 | not possess prescription drugs for erectile dysfunction;
| ||||||
21 | (7.11) if convicted for an offense under Section 11-6, | ||||||
22 | 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal | ||||||
23 | Code of 1961, or any attempt to commit any of these | ||||||
24 | offenses, committed on or after June 1, 2009 ( the effective | ||||||
25 | date of Public Act 95-983)
this amendatory Act of the 95th | ||||||
26 | General Assembly : |
| |||||||
| |||||||
1 | (i) not access or use a computer or any other | ||||||
2 | device with Internet capability without the prior | ||||||
3 | written approval of the Department; | ||||||
4 | (ii) submit to periodic unannounced examinations | ||||||
5 | of the offender's computer or any other device with | ||||||
6 | Internet capability by the offender's supervising | ||||||
7 | agent, a law enforcement officer, or assigned computer | ||||||
8 | or information technology specialist, including the | ||||||
9 | retrieval and copying of all data from the computer or | ||||||
10 | device and any internal or external peripherals and | ||||||
11 | removal of such information, equipment, or device to | ||||||
12 | conduct a more thorough inspection; | ||||||
13 | (iii) submit to the installation on the offender's | ||||||
14 | computer or device with Internet capability, at the | ||||||
15 | offender's expense, of one or more hardware or software | ||||||
16 | systems to monitor the Internet use; and | ||||||
17 | (iv) submit to any other appropriate restrictions | ||||||
18 | concerning the offender's use of or access to a | ||||||
19 | computer or any other device with Internet capability | ||||||
20 | imposed by the Board, the Department or the offender's | ||||||
21 | supervising agent; | ||||||
22 | (8) obtain permission of an agent of the Department of | ||||||
23 | Corrections before
leaving the
State of Illinois;
| ||||||
24 | (9) obtain permission of an agent of the Department of | ||||||
25 | Corrections before
changing
his or her residence or | ||||||
26 | employment;
|
| |||||||
| |||||||
1 | (10) consent to a search of his or her person, | ||||||
2 | property, or residence
under his or her
control;
| ||||||
3 | (11) refrain from the use or possession of narcotics or | ||||||
4 | other controlled
substances in
any form, or both, or any | ||||||
5 | paraphernalia related to those substances and submit
to a
| ||||||
6 | urinalysis test as instructed by a parole agent of the | ||||||
7 | Department of
Corrections;
| ||||||
8 | (12) not frequent places where controlled substances | ||||||
9 | are illegally sold,
used,
distributed, or administered;
| ||||||
10 | (13) not knowingly associate with other persons on | ||||||
11 | parole or mandatory
supervised
release without prior | ||||||
12 | written permission of his or her parole agent and not
| ||||||
13 | associate with
persons who are members of an organized gang | ||||||
14 | as that term is defined in the
Illinois
Streetgang | ||||||
15 | Terrorism Omnibus Prevention Act;
| ||||||
16 | (14) provide true and accurate information, as it | ||||||
17 | relates to his or her
adjustment in the
community while on | ||||||
18 | parole or mandatory supervised release or to his or her
| ||||||
19 | conduct
while incarcerated, in response to inquiries by his | ||||||
20 | or her parole agent or of
the
Department of Corrections;
| ||||||
21 | (15) follow any specific instructions provided by the | ||||||
22 | parole agent that
are consistent
with furthering | ||||||
23 | conditions set and approved by the Prisoner Review Board or | ||||||
24 | by
law,
exclusive of placement on electronic detention, to | ||||||
25 | achieve the goals and
objectives of his
or her parole or | ||||||
26 | mandatory supervised release or to protect the public. |
| |||||||
| |||||||
1 | These
instructions by the parole agent may be modified at | ||||||
2 | any time, as the agent
deems
appropriate;
| ||||||
3 | (16) if convicted of a sex offense as defined in | ||||||
4 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
5 | offender is a parent or guardian of the person under 18 | ||||||
6 | years of age present in the home and no non-familial minors | ||||||
7 | are present, not participate in a holiday event involving | ||||||
8 | children under 18 years of age, such as distributing candy | ||||||
9 | or other items to children on Halloween, wearing a Santa | ||||||
10 | Claus costume on or preceding Christmas, being employed as | ||||||
11 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
12 | costume on or preceding Easter; and | ||||||
13 | (17) if convicted of a violation of an order of | ||||||
14 | protection under Section 12-30 of the Criminal Code of | ||||||
15 | 1961, be placed under electronic surveillance as provided | ||||||
16 | in Section 5-8A-7 of this Code. | ||||||
17 | (b) The Board may in addition to other conditions
require | ||||||
18 | that the subject:
| ||||||
19 | (1) work or pursue a course of study or vocational | ||||||
20 | training;
| ||||||
21 | (2) undergo medical or psychiatric treatment, or | ||||||
22 | treatment
for drug addiction or alcoholism;
| ||||||
23 | (3) attend or reside in a facility established for the
| ||||||
24 | instruction or residence of persons on probation or parole;
| ||||||
25 | (4) support his dependents;
| ||||||
26 | (5) (blank);
|
| |||||||
| |||||||
1 | (6) (blank);
| ||||||
2 | (7) comply with the terms and conditions of an order of | ||||||
3 | protection
issued pursuant to the Illinois Domestic | ||||||
4 | Violence Act of 1986, enacted by the
84th General Assembly, | ||||||
5 | or an order of protection issued by the court of another
| ||||||
6 | state, tribe, or United States territory;
| ||||||
7 | (7.5) if convicted for an offense committed on or after | ||||||
8 | the effective date of this amendatory Act of the 95th | ||||||
9 | General Assembly that would qualify the accused as a child | ||||||
10 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
11 | Criminal Code of 1961, refrain from communicating with or | ||||||
12 | contacting, by means of the Internet, a person who is | ||||||
13 | related to the accused and whom the accused reasonably | ||||||
14 | believes to be under 18 years of age; for purposes of this | ||||||
15 | paragraph (7.5), "Internet" has the meaning ascribed to it | ||||||
16 | in Section 16J-5 of the Criminal Code of 1961; and a person | ||||||
17 | is related to the accused if the person is: (i) the spouse, | ||||||
18 | brother, or sister of the accused; (ii) a descendant of the | ||||||
19 | accused; (iii) a first or second cousin of the accused; or | ||||||
20 | (iv) a step-child or adopted child of the accused; | ||||||
21 | (7.6) if convicted for an offense committed on or after | ||||||
22 | June 1, 2009 ( the effective date of Public Act 95-983)
this | ||||||
23 | amendatory Act of the 95th General Assembly that would | ||||||
24 | qualify as a sex offense as defined in the Sex Offender | ||||||
25 | Registration Act: | ||||||
26 | (i) not access or use a computer or any other |
| |||||||
| |||||||
1 | device with Internet capability without the prior | ||||||
2 | written approval of the Department; | ||||||
3 | (ii) submit to periodic unannounced examinations | ||||||
4 | of the offender's computer or any other device with | ||||||
5 | Internet capability by the offender's supervising | ||||||
6 | agent, a law enforcement officer, or assigned computer | ||||||
7 | or information technology specialist, including the | ||||||
8 | retrieval and copying of all data from the computer or | ||||||
9 | device and any internal or external peripherals and | ||||||
10 | removal of such information, equipment, or device to | ||||||
11 | conduct a more thorough inspection; | ||||||
12 | (iii) submit to the installation on the offender's | ||||||
13 | computer or device with Internet capability, at the | ||||||
14 | offender's expense, of one or more hardware or software | ||||||
15 | systems to monitor the Internet use; and | ||||||
16 | (iv) submit to any other appropriate restrictions | ||||||
17 | concerning the offender's use of or access to a | ||||||
18 | computer or any other device with Internet capability | ||||||
19 | imposed by the Board, the Department or the offender's | ||||||
20 | supervising agent; and
| ||||||
21 | (8) in addition, if a minor:
| ||||||
22 | (i) reside with his parents or in a foster home;
| ||||||
23 | (ii) attend school;
| ||||||
24 | (iii) attend a non-residential program for youth; | ||||||
25 | or
| ||||||
26 | (iv) contribute to his own support at home or in a |
| |||||||
| |||||||
1 | foster
home.
| ||||||
2 | (b-1) In addition to the conditions set forth in | ||||||
3 | subsections (a) and (b), persons required to register as sex | ||||||
4 | offenders pursuant to the Sex Offender Registration Act, upon | ||||||
5 | release from the custody of the Illinois Department of | ||||||
6 | Corrections, may be required by the Board to comply with the | ||||||
7 | following specific conditions of release: | ||||||
8 | (1) reside only at a Department approved location; | ||||||
9 | (2) comply with all requirements of the Sex Offender | ||||||
10 | Registration Act;
| ||||||
11 | (3) notify
third parties of the risks that may be | ||||||
12 | occasioned by his or her criminal record; | ||||||
13 | (4) obtain the approval of an agent of the Department | ||||||
14 | of Corrections prior to accepting employment or pursuing a | ||||||
15 | course of study or vocational training and notify the | ||||||
16 | Department prior to any change in employment, study, or | ||||||
17 | training; | ||||||
18 | (5) not be employed or participate in any
volunteer | ||||||
19 | activity that involves contact with children, except under | ||||||
20 | circumstances approved in advance and in writing by an | ||||||
21 | agent of the Department of Corrections; | ||||||
22 | (6) be electronically monitored for a minimum of 12 | ||||||
23 | months from the date of release as determined by the Board;
| ||||||
24 | (7) refrain from entering into a designated
geographic | ||||||
25 | area except upon terms approved in advance by an agent of | ||||||
26 | the Department of Corrections. The terms may include |
| |||||||
| |||||||
1 | consideration of the purpose of the entry, the time of day, | ||||||
2 | and others accompanying the person; | ||||||
3 | (8) refrain from having any contact, including
written | ||||||
4 | or oral communications, directly or indirectly, personally | ||||||
5 | or by telephone, letter, or through a third party with | ||||||
6 | certain specified persons including, but not limited to, | ||||||
7 | the victim or the victim's family without the prior written | ||||||
8 | approval of an agent of the Department of Corrections; | ||||||
9 | (9) refrain from all contact, directly or
indirectly, | ||||||
10 | personally, by telephone, letter, or through a third party, | ||||||
11 | with minor children without prior identification and | ||||||
12 | approval of an agent of the Department of Corrections; | ||||||
13 | (10) neither possess or have under his or her
control | ||||||
14 | any material that is sexually oriented, sexually | ||||||
15 | stimulating, or that shows male or female sex organs or any | ||||||
16 | pictures depicting children under 18 years of age nude or | ||||||
17 | any written or audio material describing sexual | ||||||
18 | intercourse or that depicts or alludes to sexual activity, | ||||||
19 | including but not limited to visual, auditory, telephonic, | ||||||
20 | or electronic media, or any matter obtained through access | ||||||
21 | to any computer or material linked to computer access use; | ||||||
22 | (11) not patronize any business providing
sexually | ||||||
23 | stimulating or sexually oriented entertainment nor utilize | ||||||
24 | "900" or adult telephone numbers; | ||||||
25 | (12) not reside near, visit, or be in or about
parks, | ||||||
26 | schools, day care centers, swimming pools, beaches, |
| |||||||
| |||||||
1 | theaters, or any other places where minor children | ||||||
2 | congregate without advance approval of an agent of the | ||||||
3 | Department of Corrections and immediately report any | ||||||
4 | incidental contact with minor children to the Department; | ||||||
5 | (13) not possess or have under his or her control
| ||||||
6 | certain specified items of contraband related to the | ||||||
7 | incidence of sexually offending as determined by an agent | ||||||
8 | of the Department of Corrections; | ||||||
9 | (14) may be required to provide a written daily log of | ||||||
10 | activities
if directed by an agent of the Department of | ||||||
11 | Corrections; | ||||||
12 | (15) comply with all other special conditions
that the | ||||||
13 | Department may impose that restrict the person from | ||||||
14 | high-risk situations and limit access to potential | ||||||
15 | victims; | ||||||
16 | (16) take an annual polygraph exam; | ||||||
17 | (17) maintain a log of his or her travel; or | ||||||
18 | (18) obtain prior approval of his or her parole officer | ||||||
19 | before driving alone in a motor vehicle.
| ||||||
20 | (c) The conditions under which the parole or mandatory
| ||||||
21 | supervised release is to be served shall be communicated to
the | ||||||
22 | person in writing prior to his release, and he shall
sign the | ||||||
23 | same before release. A signed copy of these conditions,
| ||||||
24 | including a copy of an order of protection where one had been | ||||||
25 | issued by the
criminal court, shall be retained by the person | ||||||
26 | and another copy forwarded to
the officer in charge of his |
| |||||||
| |||||||
1 | supervision.
| ||||||
2 | (d) After a hearing under Section 3-3-9, the Prisoner
| ||||||
3 | Review Board may modify or enlarge the conditions of parole
or | ||||||
4 | mandatory supervised release.
| ||||||
5 | (e) The Department shall inform all offenders committed to
| ||||||
6 | the Department of the optional services available to them
upon | ||||||
7 | release and shall assist inmates in availing themselves
of such | ||||||
8 | optional services upon their release on a voluntary
basis. | ||||||
9 | (f) When the subject is in compliance with all conditions | ||||||
10 | of his or her parole or mandatory supervised release, the | ||||||
11 | subject shall receive a reduction of the period of his or her | ||||||
12 | parole or mandatory supervised release of 90 days upon passage | ||||||
13 | of the high school level Test of General Educational | ||||||
14 | Development during the period of his or her parole or mandatory | ||||||
15 | supervised release. This reduction in the period of a subject's | ||||||
16 | term of parole or mandatory supervised release shall be | ||||||
17 | available only to subjects who have not previously earned a | ||||||
18 | high school diploma or who have not previously passed the high | ||||||
19 | school level Test of General Educational Development.
| ||||||
20 | (g) The Board, as a condition of parole or mandatory | ||||||
21 | supervised release of a person paroled or released on mandatory | ||||||
22 | supervised release on or after January 1, 2009, shall impose a | ||||||
23 | fee not to exceed $15 per month of parole or mandatory | ||||||
24 | supervised release, unless, after determining the inability of | ||||||
25 | the parolee or releasee to pay the fee, the Board assesses a | ||||||
26 | lesser amount. The fee shall be imposed only upon an offender |
| |||||||
| |||||||
1 | who is actively supervised by the Department of Corrections. | ||||||
2 | The fee shall be collected by the parolee's or releasee's | ||||||
3 | supervising agent within one month after receipt and shall be | ||||||
4 | remitted to the State Treasurer for deposit into the | ||||||
5 | Ex-Offender Fund which is created in the State Treasury. Moneys | ||||||
6 | in the fund shall be used to provide low-interest loans for | ||||||
7 | ex-offenders to start-up their own businesses and to fund the | ||||||
8 | administrative costs of this program. | ||||||
9 | (A) Except as provided in clause (D), all offenders | ||||||
10 | placed under parole or mandatory supervised release | ||||||
11 | supervision of the Prisoner Review Board are required to | ||||||
12 | pay a parole maintenance fee not to exceed $15 per month. | ||||||
13 | (B) Offenders shall be notified of the parole | ||||||
14 | maintenance fee in the following ways: | ||||||
15 | (1) offenders assigned to supervision on or after | ||||||
16 | January 1, 2009, shall sign the revised order of Parole | ||||||
17 | which includes the condition requiring payment of the | ||||||
18 | parole maintenance fee; or | ||||||
19 | (2) offenders under supervision before January 1, | ||||||
20 | 2009, shall be issued a directive included herein, | ||||||
21 | requiring payment of the parole maintenance fee. | ||||||
22 | (C) Fees shall be collected as follows: | ||||||
23 | (1) offenders shall be provided instructions on | ||||||
24 | payment methods and procedures; | ||||||
25 | (2) the parole maintenance fee shall be due on the | ||||||
26 | first day of the first full month following placement |
| |||||||
| |||||||
1 | under Board supervision on parole or mandatory | ||||||
2 | supervised release. The fee shall be due thereafter on | ||||||
3 | the first working day of each month until parole is | ||||||
4 | terminated; | ||||||
5 | (3) payments shall be deemed delinquent after the | ||||||
6 | 15th day of the month, including the final month of | ||||||
7 | supervision; | ||||||
8 | (4) payment instructions and payment vouchers | ||||||
9 | shall be provided to the offender that indicate the | ||||||
10 | following: | ||||||
11 | (i) how to submit payment; | ||||||
12 | (ii) the completed payment voucher shall | ||||||
13 | accompany the payment. | ||||||
14 | If an offender is declared an absconder, parole | ||||||
15 | maintenance fees shall continue to accrue until such | ||||||
16 | time as the case is closed. If the case is active on or | ||||||
17 | after the first day of the month in which the case is | ||||||
18 | suspended and closed, the fee shall be assessed for | ||||||
19 | that month. | ||||||
20 | (D) An offender shall be exempted from paying parole | ||||||
21 | maintenance fees and may apply for a waiver under the | ||||||
22 | following circumstances: | ||||||
23 | (1) if the offender is paying child support; | ||||||
24 | (2) if the offender is actively seeking | ||||||
25 | employment, but remains unemployed. Unemployed | ||||||
26 | offenders capable of being gainfully employed are not |
| |||||||
| |||||||
1 | eligible for a waiver; | ||||||
2 | (3) if the offender, whose total verified income is | ||||||
3 | at or below the insufficient criteria, may be | ||||||
4 | considered for a waiver. An offender's income is | ||||||
5 | considered insufficient if it is at or below the amount | ||||||
6 | shown in the Insufficient Income Criteria chart | ||||||
7 | included in the Request for Waiver of Parole | ||||||
8 | Maintenance Fees. Income from all family members in the | ||||||
9 | household shall be used to calculate whether the waiver | ||||||
10 | is appropriate. If a person lives with his or her | ||||||
11 | family, the combined income of all family members shall | ||||||
12 | be used (non-relatives, such as housemates, shall be | ||||||
13 | excluded). For a waiver to be considered, the offender | ||||||
14 | must provide appropriate records to document household | ||||||
15 | income. Once the officer verifies the offender meets | ||||||
16 | one of the waiver criteria above, the officer shall | ||||||
17 | complete the Request for Waiver of Intervention Fees | ||||||
18 | form and submit it to the district administrator for | ||||||
19 | approval. If approved, waivers are valid for a maximum | ||||||
20 | of 90 days. The district administrator shall make the | ||||||
21 | waiver entry into the computer system. If the officer | ||||||
22 | determines the waiver should be renewed beyond that | ||||||
23 | point, a new request for Waiver of Parole Maintenance | ||||||
24 | fees form must be submitted for approval. However, at | ||||||
25 | any point the officer determines that the offender is | ||||||
26 | again capable of paying monthly intervention fees, |
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1 | supervisory approval is not necessary to rescind the | ||||||
2 | waiver. | ||||||
3 | (E) The following process for sanctions regarding | ||||||
4 | nonpayment shall be applied: | ||||||
5 | (1) within 10 working day of becoming aware that an | ||||||
6 | offender has failed to submit the parole maintenance | ||||||
7 | fee, the supervising officer shall contact the | ||||||
8 | offender in writing, by phone, or in person to remind | ||||||
9 | them of the payment obligation; | ||||||
10 | (2) the supervising officer should direct the | ||||||
11 | offender to specific programs or services that will | ||||||
12 | assist him or her in addressing his or her inability to | ||||||
13 | pay (i.e. financial management program, employment | ||||||
14 | counseling or job seeking classes, substance abuse | ||||||
15 | counseling, mental health counseling, etc., or a | ||||||
16 | combination of these); | ||||||
17 | (3) the supervising officer shall establish a | ||||||
18 | payment plan, via a written directive, with the | ||||||
19 | offender, to address any arrearage within a reasonable | ||||||
20 | time, given the offender's individual circumstances; | ||||||
21 | (4) should the offender become 3 months late in | ||||||
22 | parole maintenance fee payments, the Illinois Attorney | ||||||
23 | General or the State's Attorney of the county in which | ||||||
24 | the offender is paroled, may bring a civil action to | ||||||
25 | recover unpaid fees that the offender was required to | ||||||
26 | pay. Any amount recovered in the civil action shall be |
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1 | paid into the Ex-Offender Fund. | ||||||
2 | Rulemaking authority to implement this amendatory Act of | ||||||
3 | the 95th General Assembly, if any, is conditioned on the rules | ||||||
4 | being adopted in accordance with all provisions of the Illinois | ||||||
5 | Administrative Procedure Act and all rules and procedures of | ||||||
6 | the Joint Committee on Administrative Rules; any purported rule | ||||||
7 | not so adopted, for whatever reason, is unauthorized. | ||||||
8 | (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | ||||||
9 | 94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; | ||||||
10 | 95-579, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; | ||||||
11 | 95-876, eff. 8-21-08; 95-983, eff. 6-1-09; revised 10-20-08.) | ||||||
12 | Section 95. No acceleration or delay. Where this Act makes | ||||||
13 | changes in a statute that is represented in this Act by text | ||||||
14 | that is not yet or no longer in effect (for example, a Section | ||||||
15 | represented by multiple versions), the use of that text does | ||||||
16 | not accelerate or delay the taking effect of (i) the changes | ||||||
17 | made by this Act or (ii) provisions derived from any other | ||||||
18 | Public Act.
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19 | Section 99. Effective date. This Act takes effect January | ||||||
20 | 1, 2009.".
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