|
||||||||||||||||||||
|
||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
1 | AN ACT concerning criminal law.
| |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||
4 | Section 5. The Unified Code of Corrections is amended by | |||||||||||||||||||
5 | changing Section 3-3-7 as follows: | |||||||||||||||||||
6 | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | |||||||||||||||||||
7 | (Text of Section after amendment by P.A. 95-464, 95-579, | |||||||||||||||||||
8 | and 95-640 ) | |||||||||||||||||||
9 | Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | |||||||||||||||||||
10 | Release.
| |||||||||||||||||||
11 | (a) The conditions of parole or mandatory
supervised | |||||||||||||||||||
12 | release shall be such as the Prisoner Review
Board deems | |||||||||||||||||||
13 | necessary to assist the subject in leading a
law-abiding life. | |||||||||||||||||||
14 | The conditions of every parole and mandatory
supervised release | |||||||||||||||||||
15 | are that the subject:
| |||||||||||||||||||
16 | (1) not violate any criminal statute of any | |||||||||||||||||||
17 | jurisdiction
during the parole or release term;
| |||||||||||||||||||
18 | (2) refrain from possessing a firearm or other | |||||||||||||||||||
19 | dangerous
weapon;
| |||||||||||||||||||
20 | (3) report to an agent of the Department of | |||||||||||||||||||
21 | Corrections;
| |||||||||||||||||||
22 | (4) permit the agent to visit him or her at his or her | |||||||||||||||||||
23 | home, employment,
or
elsewhere to the
extent necessary for |
| |||||||
| |||||||
1 | the agent to discharge his or her duties;
| ||||||
2 | (5) attend or reside in a facility established for the | ||||||
3 | instruction or
residence
of persons on
parole or mandatory | ||||||
4 | supervised release;
| ||||||
5 | (6) secure permission before visiting or writing a | ||||||
6 | committed person in an
Illinois Department
of Corrections | ||||||
7 | facility;
| ||||||
8 | (7) report all arrests to an agent of the Department of | ||||||
9 | Corrections as
soon as
permitted by the
arresting authority | ||||||
10 | but in no event later than 24 hours after release from
| ||||||
11 | custody;
| ||||||
12 | (7.5) if convicted of a sex offense as defined in the | ||||||
13 | Sex Offender
Management Board Act, the individual shall | ||||||
14 | undergo and successfully complete
sex offender treatment | ||||||
15 | conducted in conformance with the standards developed by
| ||||||
16 | the Sex
Offender Management Board Act by a treatment | ||||||
17 | provider approved by the Board;
| ||||||
18 | (7.6) if convicted of a sex offense as defined in the | ||||||
19 | Sex Offender
Management Board Act, refrain from residing at | ||||||
20 | the same address or in the same condominium unit or | ||||||
21 | apartment unit or in the same condominium complex or | ||||||
22 | apartment complex with another person he or she knows or | ||||||
23 | reasonably should know is a convicted sex offender or has | ||||||
24 | been placed on supervision for a sex offense; the | ||||||
25 | provisions of this paragraph do not apply to a person | ||||||
26 | convicted of a sex offense who is placed in a Department of |
| |||||||
| |||||||
1 | Corrections licensed transitional housing facility for sex | ||||||
2 | offenders, or is in any facility operated or licensed by | ||||||
3 | the Department of Children and Family Services or by the | ||||||
4 | Department of Human Services, or is in any licensed medical | ||||||
5 | facility;
| ||||||
6 | (7.7) if convicted for an offense that would qualify | ||||||
7 | the accused as a sexual predator under the Sex Offender | ||||||
8 | Registration Act on or after the effective date of this | ||||||
9 | amendatory Act of the 94th General Assembly, wear an | ||||||
10 | approved electronic monitoring device as defined in | ||||||
11 | Section 5-8A-2 for the duration of the person's parole, | ||||||
12 | mandatory supervised release term, or extended mandatory | ||||||
13 | supervised release term;
| ||||||
14 | (7.8) 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 not | ||||||
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 (7.8), "Internet" has the meaning ascribed to it | ||||||
23 | in Section 16J-5 of the Criminal Code of 1961, as added by | ||||||
24 | Public Act 94-179; and a person is not related to the | ||||||
25 | accused if the person is not: (i) the spouse, brother, or | ||||||
26 | sister of the accused; (ii) a descendant of the accused; |
| |||||||
| |||||||
1 | (iii) a first or second cousin of the accused; or (iv) a | ||||||
2 | step-child or adopted child of the accused;
| ||||||
3 | (7.9)
(7.8) if convicted under Section 11-6, 11-20.1, | ||||||
4 | 11-20.3, or 11-21 of the Criminal Code of 1961, consent to | ||||||
5 | search of computers, PDAs, cellular phones, and other | ||||||
6 | devices under his or her control that are capable of | ||||||
7 | accessing the Internet or storing electronic files, in | ||||||
8 | order to confirm Internet protocol addresses reported in | ||||||
9 | accordance with the Sex Offender Registration Act and | ||||||
10 | compliance with conditions in this Act;
| ||||||
11 | (7.10)
(7.8) if convicted for an offense that would | ||||||
12 | qualify the accused as a sex offender or sexual predator | ||||||
13 | under the Sex Offender Registration Act on or after the | ||||||
14 | effective date of this amendatory Act of the 95th General | ||||||
15 | Assembly, not possess prescription drugs for erectile | ||||||
16 | dysfunction;
| ||||||
17 | (8) obtain permission of an agent of the Department of | ||||||
18 | Corrections before
leaving the
State of Illinois;
| ||||||
19 | (9) obtain permission of an agent of the Department of | ||||||
20 | Corrections before
changing
his or her residence or | ||||||
21 | employment;
| ||||||
22 | (10) consent to a search of his or her person, | ||||||
23 | property, or residence
under his or her
control;
| ||||||
24 | (11) refrain from the use or possession of narcotics or | ||||||
25 | other controlled
substances in
any form, or both, or any | ||||||
26 | paraphernalia related to those substances and submit
to a
|
| |||||||
| |||||||
1 | urinalysis test as instructed by a parole agent of the | ||||||
2 | Department of
Corrections;
| ||||||
3 | (12) not frequent places where controlled substances | ||||||
4 | are illegally sold,
used,
distributed, or administered;
| ||||||
5 | (13) not knowingly associate with other persons on | ||||||
6 | parole or mandatory
supervised
release without prior | ||||||
7 | written permission of his or her parole agent and not
| ||||||
8 | associate with
persons who are members of an organized gang | ||||||
9 | as that term is defined in the
Illinois
Streetgang | ||||||
10 | Terrorism Omnibus Prevention Act;
| ||||||
11 | (14) provide true and accurate information, as it | ||||||
12 | relates to his or her
adjustment in the
community while on | ||||||
13 | parole or mandatory supervised release or to his or her
| ||||||
14 | conduct
while incarcerated, in response to inquiries by his | ||||||
15 | or her parole agent or of
the
Department of Corrections;
| ||||||
16 | (15) follow any specific instructions provided by the | ||||||
17 | parole agent that
are consistent
with furthering | ||||||
18 | conditions set and approved by the Prisoner Review Board or | ||||||
19 | by
law,
exclusive of placement on electronic detention, to | ||||||
20 | achieve the goals and
objectives of his
or her parole or | ||||||
21 | mandatory supervised release or to protect the public. | ||||||
22 | These
instructions by the parole agent may be modified at | ||||||
23 | any time, as the agent
deems
appropriate; and
| ||||||
24 | (16) if convicted of a sex offense as defined in | ||||||
25 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
26 | offender is a parent or guardian of the person under 18 |
| |||||||
| |||||||
1 | years of age present in the home and no non-familial minors | ||||||
2 | are present, not participate in a holiday event involving | ||||||
3 | children under 18 years of age, such as distributing candy | ||||||
4 | or other items to children on Halloween, wearing a Santa | ||||||
5 | Claus costume on or preceding Christmas, being employed as | ||||||
6 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
7 | costume on or preceding Easter ; and . | ||||||
8 | (17) if convicted of an offense committed on or after | ||||||
9 | the effective date of this amendatory Act of the 95th | ||||||
10 | General Assembly, agree in writing to be subject to a | ||||||
11 | search or seizure by a parole officer or other peace | ||||||
12 | officer at any time of the day or night, with or without a | ||||||
13 | search warrant and with or without cause. | ||||||
14 | (b) The Board may in addition to other conditions
require | ||||||
15 | that the subject:
| ||||||
16 | (1) work or pursue a course of study or vocational | ||||||
17 | training;
| ||||||
18 | (2) undergo medical or psychiatric treatment, or | ||||||
19 | treatment
for drug addiction or alcoholism;
| ||||||
20 | (3) attend or reside in a facility established for the
| ||||||
21 | instruction or residence of persons on probation or parole;
| ||||||
22 | (4) support his dependents;
| ||||||
23 | (5) (blank);
| ||||||
24 | (6) (blank);
| ||||||
25 | (7) comply with the terms and conditions of an order of | ||||||
26 | protection
issued pursuant to the Illinois Domestic |
| |||||||
| |||||||
1 | Violence Act of 1986, enacted by the
84th General Assembly, | ||||||
2 | or an order of protection issued by the court of another
| ||||||
3 | state, tribe, or United States territory;
| ||||||
4 | (7.5) if convicted for an offense committed on or after | ||||||
5 | the effective date of this amendatory Act of the 95th | ||||||
6 | General Assembly that would qualify the accused as a child | ||||||
7 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
8 | Criminal Code of 1961, refrain from communicating with or | ||||||
9 | contacting, by means of the Internet, a person who is | ||||||
10 | related to the accused and whom the accused reasonably | ||||||
11 | believes to be under 18 years of age; for purposes of this | ||||||
12 | paragraph (7.5), "Internet" has the meaning ascribed to it | ||||||
13 | in Section 16J-5 of the Criminal Code of 1961, as added by | ||||||
14 | Public Act 94-179; and a person is related to the accused | ||||||
15 | if the person is: (i) the spouse, brother, or sister of the | ||||||
16 | accused; (ii) a descendant of the accused; (iii) a first or | ||||||
17 | second cousin of the accused; or (iv) a step-child or | ||||||
18 | adopted child of the accused; and
| ||||||
19 | (8) in addition, if a minor:
| ||||||
20 | (i) reside with his parents or in a foster home;
| ||||||
21 | (ii) attend school;
| ||||||
22 | (iii) attend a non-residential program for youth; | ||||||
23 | or
| ||||||
24 | (iv) contribute to his own support at home or in a | ||||||
25 | foster
home.
| ||||||
26 | (b-1) In addition to the conditions set forth in |
| |||||||
| |||||||
1 | subsections (a) and (b), persons required to register as sex | ||||||
2 | offenders pursuant to the Sex Offender Registration Act, upon | ||||||
3 | release from the custody of the Illinois Department of | ||||||
4 | Corrections, may be required by the Board to comply with the | ||||||
5 | following specific conditions of release: | ||||||
6 | (1) reside only at a Department approved location; | ||||||
7 | (2) comply with all requirements of the Sex Offender | ||||||
8 | Registration Act;
| ||||||
9 | (3) notify
third parties of the risks that may be | ||||||
10 | occasioned by his or her criminal record; | ||||||
11 | (4) obtain the approval of an agent of the Department | ||||||
12 | of Corrections prior to accepting employment or pursuing a | ||||||
13 | course of study or vocational training and notify the | ||||||
14 | Department prior to any change in employment, study, or | ||||||
15 | training; | ||||||
16 | (5) not be employed or participate in any
volunteer | ||||||
17 | activity that involves contact with children, except under | ||||||
18 | circumstances approved in advance and in writing by an | ||||||
19 | agent of the Department of Corrections; | ||||||
20 | (6) be electronically monitored for a minimum of 12 | ||||||
21 | months from the date of release as determined by the Board;
| ||||||
22 | (7) refrain from entering into a designated
geographic | ||||||
23 | area except upon terms approved in advance by an agent of | ||||||
24 | the Department of Corrections. The terms may include | ||||||
25 | consideration of the purpose of the entry, the time of day, | ||||||
26 | and others accompanying the person; |
| |||||||
| |||||||
1 | (8) refrain from having any contact, including
written | ||||||
2 | or oral communications, directly or indirectly, personally | ||||||
3 | or by telephone, letter, or through a third party with | ||||||
4 | certain specified persons including, but not limited to, | ||||||
5 | the victim or the victim's family without the prior written | ||||||
6 | approval of an agent of the Department of Corrections; | ||||||
7 | (9) refrain from all contact, directly or
indirectly, | ||||||
8 | personally, by telephone, letter, or through a third party, | ||||||
9 | with minor children without prior identification and | ||||||
10 | approval of an agent of the Department of Corrections; | ||||||
11 | (10) neither possess or have under his or her
control | ||||||
12 | any material that is sexually oriented, sexually | ||||||
13 | stimulating, or that shows male or female sex organs or any | ||||||
14 | pictures depicting children under 18 years of age nude or | ||||||
15 | any written or audio material describing sexual | ||||||
16 | intercourse or that depicts or alludes to sexual activity, | ||||||
17 | including but not limited to visual, auditory, telephonic, | ||||||
18 | or electronic media, or any matter obtained through access | ||||||
19 | to any computer or material linked to computer access use; | ||||||
20 | (11) not patronize any business providing
sexually | ||||||
21 | stimulating or sexually oriented entertainment nor utilize | ||||||
22 | "900" or adult telephone numbers; | ||||||
23 | (12) not reside near, visit, or be in or about
parks, | ||||||
24 | schools, day care centers, swimming pools, beaches, | ||||||
25 | theaters, or any other places where minor children | ||||||
26 | congregate without advance approval of an agent of the |
| |||||||
| |||||||
1 | Department of Corrections and immediately report any | ||||||
2 | incidental contact with minor children to the Department; | ||||||
3 | (13) not possess or have under his or her control
| ||||||
4 | certain specified items of contraband related to the | ||||||
5 | incidence of sexually offending as determined by an agent | ||||||
6 | of the Department of Corrections; | ||||||
7 | (14) may be required to provide a written daily log of | ||||||
8 | activities
if directed by an agent of the Department of | ||||||
9 | Corrections; | ||||||
10 | (15) comply with all other special conditions
that the | ||||||
11 | Department may impose that restrict the person from | ||||||
12 | high-risk situations and limit access to potential | ||||||
13 | victims; | ||||||
14 | (16) take an annual polygraph exam; | ||||||
15 | (17) maintain a log of his or her travel; or | ||||||
16 | (18) obtain prior approval of his or her parole officer | ||||||
17 | before driving alone in a motor vehicle.
| ||||||
18 | (c) The conditions under which the parole or mandatory
| ||||||
19 | supervised release is to be served shall be communicated to
the | ||||||
20 | person in writing prior to his release, and he shall
sign the | ||||||
21 | same before release. A signed copy of these conditions,
| ||||||
22 | including a copy of an order of protection where one had been | ||||||
23 | issued by the
criminal court, shall be retained by the person | ||||||
24 | and another copy forwarded to
the officer in charge of his | ||||||
25 | supervision.
| ||||||
26 | (d) After a hearing under Section 3-3-9, the Prisoner
|
| |||||||
| |||||||
1 | Review Board may modify or enlarge the conditions of parole
or | ||||||
2 | mandatory supervised release.
| ||||||
3 | (e) The Department shall inform all offenders committed to
| ||||||
4 | the Department of the optional services available to them
upon | ||||||
5 | release and shall assist inmates in availing themselves
of such | ||||||
6 | optional services upon their release on a voluntary
basis. | ||||||
7 | (f) When the subject is in compliance with all conditions | ||||||
8 | of his or her parole or mandatory supervised release, the | ||||||
9 | subject shall receive a reduction of the period of his or her | ||||||
10 | parole or mandatory supervised release of 90 days upon passage | ||||||
11 | of the high school level Test of General Educational | ||||||
12 | Development during the period of his or her parole or mandatory | ||||||
13 | supervised release. This reduction in the period of a subject's | ||||||
14 | term of parole or mandatory supervised release shall be | ||||||
15 | available only to subjects who have not previously earned a | ||||||
16 | high school diploma or who have not previously passed the high | ||||||
17 | school level Test of General Educational Development.
| ||||||
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; revised 10-30-07.)
|