SB0423 EnrolledLRB103 02875 RLC 47881 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Sections 3-3-7, 3-3-8, 3-14-2, and 5-6-3 as follows:
 
6    (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
7    Sec. 3-3-7. Conditions of parole or mandatory supervised
8release.
9    (a) The conditions of parole or mandatory supervised
10release shall be such as the Prisoner Review Board deems
11necessary to assist the subject in leading a law-abiding life.
12The conditions of every parole and mandatory supervised
13release are that the subject:
14        (1) not violate any criminal statute of any
15    jurisdiction during the parole or release term;
16        (2) refrain from possessing a firearm or other
17    dangerous weapon;
18        (3) report to an agent of the Department of
19    Corrections;
20        (4) permit the agent to visit him or her at his or her
21    home, employment, or elsewhere to the extent necessary for
22    the agent to discharge his or her duties;
23        (5) attend or reside in a facility established for the

 

 

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1    instruction or residence of persons on parole or mandatory
2    supervised release;
3        (6) secure permission before visiting or writing a
4    committed person in an Illinois Department of Corrections
5    facility;
6        (7) report all arrests to an agent of the Department
7    of Corrections as soon as permitted by the arresting
8    authority but in no event later than 24 hours after
9    release from custody and immediately report service or
10    notification of an order of protection, a civil no contact
11    order, or a stalking no contact order to an agent of the
12    Department of Corrections;
13        (7.5) if convicted of a sex offense as defined in the
14    Sex Offender Management Board Act, the individual shall
15    undergo and successfully complete sex offender treatment
16    conducted in conformance with the standards developed by
17    the Sex Offender Management Board Act by a treatment
18    provider approved by the Board;
19        (7.6) if convicted of a sex offense as defined in the
20    Sex Offender Management Board Act, refrain from residing
21    at the same address or in the same condominium unit or
22    apartment unit or in the same condominium complex or
23    apartment complex with another person he or she knows or
24    reasonably should know is a convicted sex offender or has
25    been placed on supervision for a sex offense; the
26    provisions of this paragraph do not apply to a person

 

 

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1    convicted of a sex offense who is placed in a Department of
2    Corrections licensed transitional housing facility for sex
3    offenders, or is in any facility operated or licensed by
4    the Department of Children and Family Services or by the
5    Department of Human Services, or is in any licensed
6    medical facility;
7        (7.7) if convicted for an offense that would qualify
8    the accused as a sexual predator under the Sex Offender
9    Registration Act on or after January 1, 2007 (the
10    effective date of Public Act 94-988), wear an approved
11    electronic monitoring device as defined in Section 5-8A-2
12    for the duration of the person's parole, mandatory
13    supervised release term, or extended mandatory supervised
14    release term and if convicted for an offense of criminal
15    sexual assault, aggravated criminal sexual assault,
16    predatory criminal sexual assault of a child, criminal
17    sexual abuse, aggravated criminal sexual abuse, or
18    ritualized abuse of a child committed on or after August
19    11, 2009 (the effective date of Public Act 96-236) when
20    the victim was under 18 years of age at the time of the
21    commission of the offense and the defendant used force or
22    the threat of force in the commission of the offense wear
23    an approved electronic monitoring device as defined in
24    Section 5-8A-2 that has Global Positioning System (GPS)
25    capability for the duration of the person's parole,
26    mandatory supervised release term, or extended mandatory

 

 

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1    supervised release term;
2        (7.8) if convicted for an offense committed on or
3    after June 1, 2008 (the effective date of Public Act
4    95-464) that would qualify the accused as a child sex
5    offender as defined in Section 11-9.3 or 11-9.4 of the
6    Criminal Code of 1961 or the Criminal Code of 2012,
7    refrain from communicating with or contacting, by means of
8    the Internet, a person who is not related to the accused
9    and whom the accused reasonably believes to be under 18
10    years of age; for purposes of this paragraph (7.8),
11    "Internet" has the meaning ascribed to it in Section
12    16-0.1 of the Criminal Code of 2012; and a person is not
13    related to the accused if the person is not: (i) the
14    spouse, brother, or sister of the accused; (ii) a
15    descendant of the accused; (iii) a first or second cousin
16    of the accused; or (iv) a step-child or adopted child of
17    the accused;
18        (7.9) if convicted under Section 11-6, 11-20.1,
19    11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961
20    or the Criminal Code of 2012, consent to search of
21    computers, PDAs, cellular phones, and other devices under
22    his or her control that are capable of accessing the
23    Internet or storing electronic files, in order to confirm
24    Internet protocol addresses reported in accordance with
25    the Sex Offender Registration Act and compliance with
26    conditions in this Act;

 

 

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1        (7.10) if convicted for an offense that would qualify
2    the accused as a sex offender or sexual predator under the
3    Sex Offender Registration Act on or after June 1, 2008
4    (the effective date of Public Act 95-640), not possess
5    prescription drugs for erectile dysfunction;
6        (7.11) if convicted for an offense under Section 11-6,
7    11-9.1, 11-14.4 that involves soliciting for a juvenile
8    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
9    of the Criminal Code of 1961 or the Criminal Code of 2012,
10    or any attempt to commit any of these offenses, committed
11    on or after June 1, 2009 (the effective date of Public Act
12    95-983):
13            (i) not access or use a computer or any other
14        device with Internet capability without the prior
15        written approval of the Department;
16            (ii) submit to periodic unannounced examinations
17        of the offender's computer or any other device with
18        Internet capability by the offender's supervising
19        agent, a law enforcement officer, or assigned computer
20        or information technology specialist, including the
21        retrieval and copying of all data from the computer or
22        device and any internal or external peripherals and
23        removal of such information, equipment, or device to
24        conduct a more thorough inspection;
25            (iii) submit to the installation on the offender's
26        computer or device with Internet capability, at the

 

 

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1        offender's expense, of one or more hardware or
2        software systems to monitor the Internet use; and
3            (iv) submit to any other appropriate restrictions
4        concerning the offender's use of or access to a
5        computer or any other device with Internet capability
6        imposed by the Board, the Department or the offender's
7        supervising agent;
8        (7.12) if convicted of a sex offense as defined in the
9    Sex Offender Registration Act committed on or after
10    January 1, 2010 (the effective date of Public Act 96-262),
11    refrain from accessing or using a social networking
12    website as defined in Section 17-0.5 of the Criminal Code
13    of 2012;
14        (7.13) if convicted of a sex offense as defined in
15    Section 2 of the Sex Offender Registration Act committed
16    on or after January 1, 2010 (the effective date of Public
17    Act 96-362) that requires the person to register as a sex
18    offender under that Act, may not knowingly use any
19    computer scrub software on any computer that the sex
20    offender uses;
21        (8) obtain permission of an agent of the Department of
22    Corrections before leaving the State of Illinois;
23        (9) obtain permission of an agent of the Department of
24    Corrections before changing his or her residence or
25    employment;
26        (10) consent to a search of his or her person,

 

 

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1    property, or residence under his or her control;
2        (11) refrain from the use or possession of narcotics
3    or other controlled substances in any form, or both, or
4    any paraphernalia related to those substances and submit
5    to a urinalysis test as instructed by a parole agent of the
6    Department of Corrections if there is reasonable suspicion
7    of illicit drug use and the source of the reasonable
8    suspicion is documented in the Department's case
9    management system;
10        (12) not knowingly frequent places where controlled
11    substances are illegally sold, used, distributed, or
12    administered;
13        (13) except when the association described in either
14    subparagraph (A) or (B) of this paragraph (13) involves
15    activities related to community programs, worship
16    services, volunteering, engaging families, or some other
17    pro-social activity in which there is no evidence of
18    criminal intent:
19            (A) not knowingly associate with other persons on
20        parole or mandatory supervised release without prior
21        written permission of his or her parole agent; or
22            (B) not knowingly associate with persons who are
23        members of an organized gang as that term is defined in
24        the Illinois Streetgang Terrorism Omnibus Prevention
25        Act;
26        (14) provide true and accurate information, as it

 

 

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1    relates to his or her adjustment in the community while on
2    parole or mandatory supervised release or to his or her
3    conduct while incarcerated, in response to inquiries by
4    his or her parole agent or of the Department of
5    Corrections;
6        (15) follow any specific instructions provided by the
7    parole agent that are consistent with furthering
8    conditions set and approved by the Prisoner Review Board
9    or by law, exclusive of placement on electronic detention,
10    to achieve the goals and objectives of his or her parole or
11    mandatory supervised release or to protect the public.
12    These instructions by the parole agent may be modified at
13    any time, as the agent deems appropriate;
14        (16) if convicted of a sex offense as defined in
15    subsection (a-5) of Section 3-1-2 of this Code, unless the
16    offender is a parent or guardian of the person under 18
17    years of age present in the home and no non-familial
18    minors are present, not participate in a holiday event
19    involving children under 18 years of age, such as
20    distributing candy or other items to children on
21    Halloween, wearing a Santa Claus costume on or preceding
22    Christmas, being employed as a department store Santa
23    Claus, or wearing an Easter Bunny costume on or preceding
24    Easter;
25        (17) if convicted of a violation of an order of
26    protection under Section 12-3.4 or Section 12-30 of the

 

 

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1    Criminal Code of 1961 or the Criminal Code of 2012, be
2    placed under electronic surveillance as provided in
3    Section 5-8A-7 of this Code;
4        (18) comply with the terms and conditions of an order
5    of protection issued pursuant to the Illinois Domestic
6    Violence Act of 1986; an order of protection issued by the
7    court of another state, tribe, or United States territory;
8    a no contact order issued pursuant to the Civil No Contact
9    Order Act; or a no contact order issued pursuant to the
10    Stalking No Contact Order Act;
11        (19) if convicted of a violation of the
12    Methamphetamine Control and Community Protection Act, the
13    Methamphetamine Precursor Control Act, or a
14    methamphetamine related offense, be:
15            (A) prohibited from purchasing, possessing, or
16        having under his or her control any product containing
17        pseudoephedrine unless prescribed by a physician; and
18            (B) prohibited from purchasing, possessing, or
19        having under his or her control any product containing
20        ammonium nitrate;
21        (20) if convicted of a hate crime under Section 12-7.1
22    of the Criminal Code of 2012, perform public or community
23    service of no less than 200 hours and enroll in an
24    educational program discouraging hate crimes involving the
25    protected class identified in subsection (a) of Section
26    12-7.1 of the Criminal Code of 2012 that gave rise to the

 

 

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1    offense the offender committed ordered by the court; and
2        (21) be evaluated by the Department of Corrections
3    prior to release using a validated risk assessment and be
4    subject to a corresponding level of supervision. In
5    accordance with the findings of that evaluation:
6            (A) All subjects found to be at a moderate or high
7        risk to recidivate, or on parole or mandatory
8        supervised release for first degree murder, a forcible
9        felony as defined in Section 2-8 of the Criminal Code
10        of 2012, any felony that requires registration as a
11        sex offender under the Sex Offender Registration Act,
12        or a Class X felony or Class 1 felony that is not a
13        violation of the Cannabis Control Act, the Illinois
14        Controlled Substances Act, or the Methamphetamine
15        Control and Community Protection Act, shall be subject
16        to high level supervision. The Department shall define
17        high level supervision based upon evidence-based and
18        research-based practices. Notwithstanding this
19        placement on high level supervision, placement of the
20        subject on electronic monitoring or detention shall
21        not occur unless it is required by law or expressly
22        ordered or approved by the Prisoner Review Board.
23            (B) All subjects found to be at a low risk to
24        recidivate shall be subject to low-level supervision,
25        except for those subjects on parole or mandatory
26        supervised release for first degree murder, a forcible

 

 

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1        felony as defined in Section 2-8 of the Criminal Code
2        of 2012, any felony that requires registration as a
3        sex offender under the Sex Offender Registration Act,
4        or a Class X felony or Class 1 felony that is not a
5        violation of the Cannabis Control Act, the Illinois
6        Controlled Substances Act, or the Methamphetamine
7        Control and Community Protection Act. Low level
8        supervision shall require the subject to check in with
9        the supervising officer via phone or other electronic
10        means. Notwithstanding this placement on low level
11        supervision, placement of the subject on electronic
12        monitoring or detention shall not occur unless it is
13        required by law or expressly ordered or approved by
14        the Prisoner Review Board.
15    (b) The Board may after making an individualized
16assessment pursuant to subsection (a) of Section 3-14-2 in
17addition to other conditions require that the subject:
18        (1) work or pursue a course of study or vocational
19    training;
20        (2) undergo medical or psychiatric treatment, or
21    treatment for drug addiction or alcoholism;
22        (3) attend or reside in a facility established for the
23    instruction or residence of persons on probation or
24    parole;
25        (4) support his or her dependents;
26        (5) (blank);

 

 

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1        (6) (blank);
2        (7) (blank);
3        (7.5) if convicted for an offense committed on or
4    after the effective date of this amendatory Act of the
5    95th General Assembly that would qualify the accused as a
6    child sex offender as defined in Section 11-9.3 or 11-9.4
7    of the Criminal Code of 1961 or the Criminal Code of 2012,
8    refrain from communicating with or contacting, by means of
9    the Internet, a person who is related to the accused and
10    whom the accused reasonably believes to be under 18 years
11    of age; for purposes of this paragraph (7.5), "Internet"
12    has the meaning ascribed to it in Section 16-0.1 of the
13    Criminal Code of 2012; and a person is related to the
14    accused if the person is: (i) the spouse, brother, or
15    sister of the accused; (ii) a descendant of the accused;
16    (iii) a first or second cousin of the accused; or (iv) a
17    step-child or adopted child of the accused;
18        (7.6) if convicted for an offense committed on or
19    after June 1, 2009 (the effective date of Public Act
20    95-983) that would qualify as a sex offense as defined in
21    the Sex Offender Registration Act:
22            (i) not access or use a computer or any other
23        device with Internet capability without the prior
24        written approval of the Department;
25            (ii) submit to periodic unannounced examinations
26        of the offender's computer or any other device with

 

 

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1        Internet capability by the offender's supervising
2        agent, a law enforcement officer, or assigned computer
3        or information technology specialist, including the
4        retrieval and copying of all data from the computer or
5        device and any internal or external peripherals and
6        removal of such information, equipment, or device to
7        conduct a more thorough inspection;
8            (iii) submit to the installation on the offender's
9        computer or device with Internet capability, at the
10        offender's expense, of one or more hardware or
11        software systems to monitor the Internet use; and
12            (iv) submit to any other appropriate restrictions
13        concerning the offender's use of or access to a
14        computer or any other device with Internet capability
15        imposed by the Board, the Department or the offender's
16        supervising agent; and
17        (8) (blank). in addition, if a minor:
18            (i) reside with his or her parents or in a foster
19        home;
20            (ii) attend school;
21            (iii) attend a non-residential program for youth;
22        or
23            (iv) contribute to his or her own support at home
24        or in a foster home.
25    (b-1) In addition to the conditions set forth in
26subsections (a) and (b), persons required to register as sex

 

 

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1offenders pursuant to the Sex Offender Registration Act, upon
2release from the custody of the Illinois Department of
3Corrections, may be required by the Board to comply with the
4following specific conditions of release following an
5individualized assessment pursuant to subsection (a) of
6Section 3-14-2:
7        (1) reside only at a Department approved location;
8        (2) comply with all requirements of the Sex Offender
9    Registration Act;
10        (3) notify third parties of the risks that may be
11    occasioned by his or her criminal record;
12        (4) obtain the approval of an agent of the Department
13    of Corrections prior to accepting employment or pursuing a
14    course of study or vocational training and notify the
15    Department prior to any change in employment, study, or
16    training;
17        (5) not be employed or participate in any volunteer
18    activity that involves contact with children, except under
19    circumstances approved in advance and in writing by an
20    agent of the Department of Corrections;
21        (6) be electronically monitored for a minimum of 12
22    months from the date of release as determined by the
23    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

 

 

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1    consideration of the purpose of the entry, the time of
2    day, 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
8    written approval of an agent of the Department of
9    Corrections;
10        (9) refrain from all contact, directly or indirectly,
11    personally, by telephone, letter, or through a third
12    party, with minor children without prior identification
13    and approval of an agent of the Department of Corrections;
14        (10) neither possess or have under his or her control
15    any material that is sexually oriented, sexually
16    stimulating, or that shows male or female sex organs or
17    any pictures depicting children under 18 years of age nude
18    or any written or audio material describing sexual
19    intercourse or that depicts or alludes to sexual activity,
20    including but not limited to visual, auditory, telephonic,
21    or electronic media, or any matter obtained through access
22    to any computer or material linked to computer access use;
23        (11) not patronize any business providing sexually
24    stimulating or sexually oriented entertainment nor utilize
25    "900" or adult telephone numbers;
26        (12) not reside near, visit, or be in or about parks,

 

 

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1    schools, day care centers, swimming pools, beaches,
2    theaters, or any other places where minor children
3    congregate without advance approval of an agent of the
4    Department of Corrections and immediately report any
5    incidental contact with minor children to the Department;
6        (13) not possess or have under his or her control
7    certain specified items of contraband related to the
8    incidence of sexually offending as determined by an agent
9    of the Department of Corrections;
10        (14) may be required to provide a written daily log of
11    activities if directed by an agent of the Department of
12    Corrections;
13        (15) comply with all other special conditions that the
14    Department may impose that restrict the person from
15    high-risk situations and limit access to potential
16    victims;
17        (16) take an annual polygraph exam;
18        (17) maintain a log of his or her travel; or
19        (18) obtain prior approval of his or her parole
20    officer before driving alone in a motor vehicle.
21    (c) The conditions under which the parole or mandatory
22supervised release is to be served shall be communicated to
23the person in writing prior to his or her release, and he or
24she shall sign the same before release. A signed copy of these
25conditions, including a copy of an order of protection where
26one had been issued by the criminal court, shall be retained by

 

 

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1the person and another copy forwarded to the officer in charge
2of his or her supervision.
3    (d) After a hearing under Section 3-3-9, the Prisoner
4Review Board may modify or enlarge the conditions of parole or
5mandatory supervised release.
6    (e) The Department shall inform all offenders committed to
7the Department of the optional services available to them upon
8release and shall assist inmates in availing themselves of
9such optional services upon their release on a voluntary
10basis.
11    (f) (Blank).
12(Source: P.A. 100-201, eff. 8-18-17; 100-260, eff. 1-1-18;
13100-575, eff. 1-8-18; 101-382, eff. 8-16-19.)
 
14    (730 ILCS 5/3-3-8)  (from Ch. 38, par. 1003-3-8)
15    Sec. 3-3-8. Length of parole and mandatory supervised
16release; discharge.
17    (a) The length of parole for a person sentenced under the
18law in effect prior to the effective date of this amendatory
19Act of 1977 and the length of mandatory supervised release for
20those sentenced under the law in effect on and after such
21effective date shall be as set out in Section 5-8-1 unless
22sooner terminated under paragraph (b) of this Section.
23    (b) The Prisoner Review Board may enter an order releasing
24and discharging one from parole or mandatory supervised
25release, and his or her commitment to the Department, when it

 

 

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1determines that he or she is likely to remain at liberty
2without committing another offense.
3    (b-1) Provided that the subject is in compliance with the
4terms and conditions of his or her parole or mandatory
5supervised release, the Prisoner Review Board shall may reduce
6the period of a parolee or releasee's parole or mandatory
7supervised release by 90 days upon the parolee or releasee
8receiving a high school diploma, associate's degree,
9bachelor's degree, career certificate, or vocational technical
10certification or upon passage of high school equivalency
11testing during the period of his or her parole or mandatory
12supervised release. A parolee or releasee shall provide
13documentation from the educational institution or the source
14of the qualifying educational or vocational credential to
15their supervising officer for verification. Each This
16reduction in the period of a subject's term of parole or
17mandatory supervised release shall be available only to
18subjects who have not previously earned the relevant
19credential for which they are receiving the reduction a high
20school diploma or who have not previously passed high school
21equivalency testing. As used in this Section, "career
22certificate" means a certificate awarded by an institution for
23satisfactory completion of a prescribed curriculum that is
24intended to prepare an individual for employment in a specific
25field.
26    (b-2) The Prisoner Review Board may release a low-risk and

 

 

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1need subject person from mandatory supervised release as
2determined by an appropriate evidence-based risk and need
3assessment.
4    (c) The order of discharge shall become effective upon
5entry of the order of the Board. The Board shall notify the
6clerk of the committing court of the order. Upon receipt of
7such copy, the clerk shall make an entry on the record judgment
8that the sentence or commitment has been satisfied pursuant to
9the order.
10    (d) Rights of the person discharged under this Section
11shall be restored under Section 5-5-5.
12    (e) Upon a denial of early discharge under this Section,
13the Prisoner Review Board shall provide the person on parole
14or mandatory supervised release a list of steps or
15requirements that the person must complete or meet to be
16granted an early discharge at a subsequent review and share
17the process for seeking a subsequent early discharge review
18under this subsection. Upon the completion of such steps or
19requirements, the person on parole or mandatory supervised
20release may petition the Prisoner Review Board to grant them
21an early discharge review. Within no more than 30 days of a
22petition under this subsection, the Prisoner Review Board
23shall review the petition and make a determination.
24(Source: P.A. 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 100-3,
25eff. 1-1-18.)
 

 

 

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1    (730 ILCS 5/3-14-2)  (from Ch. 38, par. 1003-14-2)
2    Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
3Release and Release by Statute.
4    (a) The Department shall retain custody of all persons
5placed on parole or mandatory supervised release or released
6pursuant to Section 3-3-10 of this Code and shall supervise
7such persons during their parole or release period in accord
8with the conditions set by the Prisoner Review Board. When
9setting conditions, the Prisoner Review Board shall make an
10individualized assessment as to what conditions are
11appropriate based on the risk and needs assessment, program
12participation and completion, assignment history while
13incarcerated, and behavior history during the period of the
14incarceration and involve only such deprivations of liberty or
15property as are reasonably necessary to protect the public
16from the person's conduct in the underlying conviction or
17violation. In determining conditions, the Prisoner Review
18Board shall also consider the reasonableness of imposing
19additional conditions on the person and the extent to which
20the conditions impact the person's work, education, community
21service, financial, and family caregiving obligations. Such
22conditions shall include referral to an alcohol or drug abuse
23treatment program, as appropriate, if such person has
24previously been identified as having an alcohol or drug abuse
25problem. Such conditions may include that the person use an
26approved electronic monitoring device subject to Article 8A of

 

 

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1Chapter V.
2    (b) The Department shall assign personnel to assist
3persons eligible for parole in preparing a parole plan. Such
4Department personnel shall make a report of their efforts and
5findings to the Prisoner Review Board prior to its
6consideration of the case of such eligible person.
7    (c) A copy of the conditions of his parole or release shall
8be signed by the parolee or releasee and given to him and to
9his supervising officer who shall report on his progress under
10the rules and regulations of the Prisoner Review Board. The
11supervising officer shall report violations to the Prisoner
12Review Board and shall have the full power of peace officers in
13the arrest and retaking of any parolees or releasees or the
14officer may request the Department to issue a warrant for the
15arrest of any parolee or releasee who has allegedly violated
16his parole or release conditions.
17    (c-1) The supervising officer shall request the Department
18to issue a parole violation warrant, and the Department shall
19issue a parole violation warrant, under the following
20circumstances:
21        (1) if the parolee or releasee commits an act that
22    constitutes a felony using a firearm or knife,
23        (2) if applicable, fails to comply with the
24    requirements of the Sex Offender Registration Act,
25        (3) if the parolee or releasee is charged with:
26            (A) a felony offense of domestic battery under

 

 

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1        Section 12-3.2 of the Criminal Code of 1961 or the
2        Criminal Code of 2012,
3            (B) aggravated domestic battery under Section
4        12-3.3 of the Criminal Code of 1961 or the Criminal
5        Code of 2012,
6            (C) stalking under Section 12-7.3 of the Criminal
7        Code of 1961 or the Criminal Code of 2012,
8            (D) aggravated stalking under Section 12-7.4 of
9        the Criminal Code of 1961 or the Criminal Code of 2012,
10            (E) violation of an order of protection under
11        Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
12        the Criminal Code of 2012, or
13            (F) any offense that would require registration as
14        a sex offender under the Sex Offender Registration
15        Act, or
16        (4) if the parolee or releasee is on parole or
17    mandatory supervised release for a murder, a Class X
18    felony or a Class 1 felony violation of the Criminal Code
19    of 1961 or the Criminal Code of 2012, or any felony that
20    requires registration as a sex offender under the Sex
21    Offender Registration Act and commits an act that
22    constitutes first degree murder, a Class X felony, a Class
23    1 felony, a Class 2 felony, or a Class 3 felony.
24     A sheriff or other peace officer may detain an alleged
25parole or release violator until a warrant for his return to
26the Department can be issued. The parolee or releasee may be

 

 

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1delivered to any secure place until he can be transported to
2the Department. The officer or the Department shall file a
3violation report with notice of charges with the Prisoner
4Review Board.
5    (d) The supervising officer shall regularly advise and
6consult with the parolee or releasee, assist him in adjusting
7to community life, inform him of the restoration of his rights
8on successful completion of sentence under Section 5-5-5, and
9provide the parolee or releasee with an electronic copy of the
10Department of Corrections system of graduated responses as set
11forth under subparagraph (D) of paragraph (1) of subsection
12(b) of Section 10 of the Illinois Crime Reduction Act of 2009
13and any sanctions matrix based on that system. If the parolee
14or releasee has been convicted of a sex offense as defined in
15the Sex Offender Management Board Act, the supervising officer
16shall periodically, but not less than once a month, verify
17that the parolee or releasee is in compliance with paragraph
18(7.6) of subsection (a) of Section 3-3-7.
19    (d-1) At least once every 6 months, the supervising
20officer of a parolee or releasee shall review the case of the
21parolee or releasee to assess the parolee's or releasee's
22progress and suitability for early discharge under subsection
23(b) of Section 3-3-8 and provide a recommendation for either
24early discharge or the continuation of parole or mandatory
25supervised release as previously ordered. The recommendation
26and the rationale for the recommendation shall be noted in the

 

 

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1Department's case management system. Within 30 days of
2receiving the supervising officer's recommendation, the
3Department shall provide a copy of the final recommendation,
4in writing or electronically, to the Prisoner Review Board and
5to the parolee or releasee. If an early discharge
6recommendation was not provided, the supervising officer shall
7share the list of steps or requirements that the person must
8complete or meet to be granted an early discharge
9recommendation at a subsequent review under agency guidelines.
10The Department shall develop guidelines and policies to
11support the regular review of parolees and releasees for early
12discharge consideration and the timely notification of the
13Prisoner Review Board when early discharge is recommended.
14    (d-2) Supervising officers shall schedule meetings, which
15are required under paragraph (3) of subsection (a) of Section
163-3-7 as a condition of parole or mandatory supervised
17release, at such times and locations that take into
18consideration the medical needs, caregiving obligations, and
19work schedule of a parolee or releasee.
20    (d-3) To comply with the provisions of subsection (d-2),
21in lieu of requiring the parolee or releasee to appear in
22person for the required reporting or meetings, supervising
23officers may utilize technology, including cellular and other
24electronic communication devices or platforms, that allows for
25communication between the supervised individual and the
26supervising officer.

 

 

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1    (e) Supervising officers shall receive specialized
2training in the special needs of female releasees or parolees
3including the family reunification process.
4    (f) The supervising officer shall keep such records as the
5Prisoner Review Board or Department may require. All records
6shall be entered in the master file of the individual.
7(Source: P.A. 96-282, eff. 1-1-10; 96-1447, eff. 8-20-10;
897-389, eff. 8-15-11; 97-1150, eff. 1-25-13.)
 
9    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
10    Sec. 5-6-3. Conditions of probation and of conditional
11discharge.
12    (a) The conditions of probation and of conditional
13discharge shall be that the person:
14        (1) not violate any criminal statute of any
15    jurisdiction;
16        (2) report to or appear in person before such person
17    or agency as directed by the court. To comply with the
18    provisions of this paragraph (2), in lieu of requiring the
19    person on probation or conditional discharge to appear in
20    person for the required reporting or meetings, the officer
21    may utilize technology, including cellular and other
22    electronic communication devices or platforms, that allow
23    for communication between the supervised person and the
24    officer in accordance with standards and guidelines
25    established by the Administrative Office of the Illinois

 

 

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1    Courts;
2        (3) refrain from possessing a firearm or other
3    dangerous weapon where the offense is a felony or, if a
4    misdemeanor, the offense involved the intentional or
5    knowing infliction of bodily harm or threat of bodily
6    harm;
7        (4) not leave the State without the consent of the
8    court or, in circumstances in which the reason for the
9    absence is of such an emergency nature that prior consent
10    by the court is not possible, without the prior
11    notification and approval of the person's probation
12    officer. Transfer of a person's probation or conditional
13    discharge supervision to another state is subject to
14    acceptance by the other state pursuant to the Interstate
15    Compact for Adult Offender Supervision;
16        (5) permit the probation officer to visit him at his
17    home or elsewhere to the extent necessary to discharge his
18    duties;
19        (6) perform no less than 30 hours of community service
20    and not more than 120 hours of community service, if
21    community service is available in the jurisdiction and is
22    funded and approved by the county board where the offense
23    was committed, where the offense was related to or in
24    furtherance of the criminal activities of an organized
25    gang and was motivated by the offender's membership in or
26    allegiance to an organized gang. The community service

 

 

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1    shall include, but not be limited to, the cleanup and
2    repair of any damage caused by a violation of Section
3    21-1.3 of the Criminal Code of 1961 or the Criminal Code of
4    2012 and similar damage to property located within the
5    municipality or county in which the violation occurred.
6    When possible and reasonable, the community service should
7    be performed in the offender's neighborhood. For purposes
8    of this Section, "organized gang" has the meaning ascribed
9    to it in Section 10 of the Illinois Streetgang Terrorism
10    Omnibus Prevention Act. The court may give credit toward
11    the fulfillment of community service hours for
12    participation in activities and treatment as determined by
13    court services;
14        (7) if he or she is at least 17 years of age and has
15    been sentenced to probation or conditional discharge for a
16    misdemeanor or felony in a county of 3,000,000 or more
17    inhabitants and has not been previously convicted of a
18    misdemeanor or felony, may be required by the sentencing
19    court to attend educational courses designed to prepare
20    the defendant for a high school diploma and to work toward
21    a high school diploma or to work toward passing high
22    school equivalency testing or to work toward completing a
23    vocational training program approved by the court. The
24    person on probation or conditional discharge must attend a
25    public institution of education to obtain the educational
26    or vocational training required by this paragraph (7). The

 

 

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1    court shall revoke the probation or conditional discharge
2    of a person who willfully fails to comply with this
3    paragraph (7). The person on probation or conditional
4    discharge shall be required to pay for the cost of the
5    educational courses or high school equivalency testing if
6    a fee is charged for those courses or testing. The court
7    shall resentence the offender whose probation or
8    conditional discharge has been revoked as provided in
9    Section 5-6-4. This paragraph (7) does not apply to a
10    person who has a high school diploma or has successfully
11    passed high school equivalency testing. This paragraph (7)
12    does not apply to a person who is determined by the court
13    to be a person with a developmental disability or
14    otherwise mentally incapable of completing the educational
15    or vocational program;
16        (8) if convicted of possession of a substance
17    prohibited by the Cannabis Control Act, the Illinois
18    Controlled Substances Act, or the Methamphetamine Control
19    and Community Protection Act after a previous conviction
20    or disposition of supervision for possession of a
21    substance prohibited by the Cannabis Control Act or
22    Illinois Controlled Substances Act or after a sentence of
23    probation under Section 10 of the Cannabis Control Act,
24    Section 410 of the Illinois Controlled Substances Act, or
25    Section 70 of the Methamphetamine Control and Community
26    Protection Act and upon a finding by the court that the

 

 

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1    person is addicted, undergo treatment at a substance abuse
2    program approved by the court;
3        (8.5) if convicted of a felony sex offense as defined
4    in the Sex Offender Management Board Act, the person shall
5    undergo and successfully complete sex offender treatment
6    by a treatment provider approved by the Board and
7    conducted in conformance with the standards developed
8    under the Sex Offender Management Board Act;
9        (8.6) if convicted of a sex offense as defined in the
10    Sex Offender Management Board Act, refrain from residing
11    at the same address or in the same condominium unit or
12    apartment unit or in the same condominium complex or
13    apartment complex with another person he or she knows or
14    reasonably should know is a convicted sex offender or has
15    been placed on supervision for a sex offense; the
16    provisions of this paragraph do not apply to a person
17    convicted of a sex offense who is placed in a Department of
18    Corrections licensed transitional housing facility for sex
19    offenders;
20        (8.7) if convicted for an offense committed on or
21    after June 1, 2008 (the effective date of Public Act
22    95-464) that would qualify the accused as a child sex
23    offender as defined in Section 11-9.3 or 11-9.4 of the
24    Criminal Code of 1961 or the Criminal Code of 2012,
25    refrain from communicating with or contacting, by means of
26    the Internet, a person who is not related to the accused

 

 

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1    and whom the accused reasonably believes to be under 18
2    years of age; for purposes of this paragraph (8.7),
3    "Internet" has the meaning ascribed to it in Section
4    16-0.1 of the Criminal Code of 2012; and a person is not
5    related to the accused if the person is not: (i) the
6    spouse, brother, or sister of the accused; (ii) a
7    descendant of the accused; (iii) a first or second cousin
8    of the accused; or (iv) a step-child or adopted child of
9    the accused;
10        (8.8) if convicted for an offense under Section 11-6,
11    11-9.1, 11-14.4 that involves soliciting for a juvenile
12    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
13    of the Criminal Code of 1961 or the Criminal Code of 2012,
14    or any attempt to commit any of these offenses, committed
15    on or after June 1, 2009 (the effective date of Public Act
16    95-983):
17            (i) not access or use a computer or any other
18        device with Internet capability without the prior
19        written approval of the offender's probation officer,
20        except in connection with the offender's employment or
21        search for employment with the prior approval of the
22        offender's probation officer;
23            (ii) submit to periodic unannounced examinations
24        of the offender's computer or any other device with
25        Internet capability by the offender's probation
26        officer, a law enforcement officer, or assigned

 

 

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1        computer or information technology specialist,
2        including the retrieval and copying of all data from
3        the computer or device and any internal or external
4        peripherals and removal of such information,
5        equipment, or device to conduct a more thorough
6        inspection;
7            (iii) submit to the installation on the offender's
8        computer or device with Internet capability, at the
9        offender's expense, of one or more hardware or
10        software systems to monitor the Internet use; and
11            (iv) submit to any other appropriate restrictions
12        concerning the offender's use of or access to a
13        computer or any other device with Internet capability
14        imposed by the offender's probation officer;
15        (8.9) if convicted of a sex offense as defined in the
16    Sex Offender Registration Act committed on or after
17    January 1, 2010 (the effective date of Public Act 96-262),
18    refrain from accessing or using a social networking
19    website as defined in Section 17-0.5 of the Criminal Code
20    of 2012;
21        (9) if convicted of a felony or of any misdemeanor
22    violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
23    12-3.5 of the Criminal Code of 1961 or the Criminal Code of
24    2012 that was determined, pursuant to Section 112A-11.1 of
25    the Code of Criminal Procedure of 1963, to trigger the
26    prohibitions of 18 U.S.C. 922(g)(9), physically surrender

 

 

SB0423 Enrolled- 32 -LRB103 02875 RLC 47881 b

1    at a time and place designated by the court, his or her
2    Firearm Owner's Identification Card and any and all
3    firearms in his or her possession. The Court shall return
4    to the Illinois State Police Firearm Owner's
5    Identification Card Office the person's Firearm Owner's
6    Identification Card;
7        (10) if convicted of a sex offense as defined in
8    subsection (a-5) of Section 3-1-2 of this Code, unless the
9    offender is a parent or guardian of the person under 18
10    years of age present in the home and no non-familial
11    minors are present, not participate in a holiday event
12    involving children under 18 years of age, such as
13    distributing candy or other items to children on
14    Halloween, wearing a Santa Claus costume on or preceding
15    Christmas, being employed as a department store Santa
16    Claus, or wearing an Easter Bunny costume on or preceding
17    Easter;
18        (11) if convicted of a sex offense as defined in
19    Section 2 of the Sex Offender Registration Act committed
20    on or after January 1, 2010 (the effective date of Public
21    Act 96-362) that requires the person to register as a sex
22    offender under that Act, may not knowingly use any
23    computer scrub software on any computer that the sex
24    offender uses;
25        (12) if convicted of a violation of the
26    Methamphetamine Control and Community Protection Act, the

 

 

SB0423 Enrolled- 33 -LRB103 02875 RLC 47881 b

1    Methamphetamine Precursor Control Act, or a
2    methamphetamine related offense:
3            (A) prohibited from purchasing, possessing, or
4        having under his or her control any product containing
5        pseudoephedrine unless prescribed by a physician; and
6            (B) prohibited from purchasing, possessing, or
7        having under his or her control any product containing
8        ammonium nitrate; and
9        (13) if convicted of a hate crime involving the
10    protected class identified in subsection (a) of Section
11    12-7.1 of the Criminal Code of 2012 that gave rise to the
12    offense the offender committed, perform public or
13    community service of no less than 200 hours and enroll in
14    an educational program discouraging hate crimes that
15    includes racial, ethnic, and cultural sensitivity training
16    ordered by the court.
17    (b) The Court may in addition to other reasonable
18conditions relating to the nature of the offense or the
19rehabilitation of the defendant as determined for each
20defendant in the proper discretion of the Court require that
21the person:
22        (1) serve a term of periodic imprisonment under
23    Article 7 for a period not to exceed that specified in
24    paragraph (d) of Section 5-7-1;
25        (2) pay a fine and costs;
26        (3) work or pursue a course of study or vocational

 

 

SB0423 Enrolled- 34 -LRB103 02875 RLC 47881 b

1    training;
2        (4) undergo medical, psychological or psychiatric
3    treatment; or treatment for drug addiction or alcoholism;
4        (5) attend or reside in a facility established for the
5    instruction or residence of defendants on probation;
6        (6) support his dependents;
7        (7) and in addition, if a minor:
8            (i) reside with his parents or in a foster home;
9            (ii) attend school;
10            (iii) attend a non-residential program for youth;
11            (iv) contribute to his own support at home or in a
12        foster home;
13            (v) with the consent of the superintendent of the
14        facility, attend an educational program at a facility
15        other than the school in which the offense was
16        committed if he or she is convicted of a crime of
17        violence as defined in Section 2 of the Crime Victims
18        Compensation Act committed in a school, on the real
19        property comprising a school, or within 1,000 feet of
20        the real property comprising a school;
21        (8) make restitution as provided in Section 5-5-6 of
22    this Code;
23        (9) perform some reasonable public or community
24    service;
25        (10) serve a term of home confinement. In addition to
26    any other applicable condition of probation or conditional

 

 

SB0423 Enrolled- 35 -LRB103 02875 RLC 47881 b

1    discharge, the conditions of home confinement shall be
2    that the offender:
3            (i) remain within the interior premises of the
4        place designated for his confinement during the hours
5        designated by the court;
6            (ii) admit any person or agent designated by the
7        court into the offender's place of confinement at any
8        time for purposes of verifying the offender's
9        compliance with the conditions of his confinement; and
10            (iii) if further deemed necessary by the court or
11        the Probation or Court Services Department, be placed
12        on an approved electronic monitoring device, subject
13        to Article 8A of Chapter V;
14            (iv) for persons convicted of any alcohol,
15        cannabis or controlled substance violation who are
16        placed on an approved monitoring device as a condition
17        of probation or conditional discharge, the court shall
18        impose a reasonable fee for each day of the use of the
19        device, as established by the county board in
20        subsection (g) of this Section, unless after
21        determining the inability of the offender to pay the
22        fee, the court assesses a lesser fee or no fee as the
23        case may be. This fee shall be imposed in addition to
24        the fees imposed under subsections (g) and (i) of this
25        Section. The fee shall be collected by the clerk of the
26        circuit court, except as provided in an administrative

 

 

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1        order of the Chief Judge of the circuit court. The
2        clerk of the circuit court shall pay all monies
3        collected from this fee to the county treasurer for
4        deposit in the substance abuse services fund under
5        Section 5-1086.1 of the Counties Code, except as
6        provided in an administrative order of the Chief Judge
7        of the circuit court.
8            The Chief Judge of the circuit court of the county
9        may by administrative order establish a program for
10        electronic monitoring of offenders, in which a vendor
11        supplies and monitors the operation of the electronic
12        monitoring device, and collects the fees on behalf of
13        the county. The program shall include provisions for
14        indigent offenders and the collection of unpaid fees.
15        The program shall not unduly burden the offender and
16        shall be subject to review by the Chief Judge.
17            The Chief Judge of the circuit court may suspend
18        any additional charges or fees for late payment,
19        interest, or damage to any device; and
20            (v) for persons convicted of offenses other than
21        those referenced in clause (iv) above and who are
22        placed on an approved monitoring device as a condition
23        of probation or conditional discharge, the court shall
24        impose a reasonable fee for each day of the use of the
25        device, as established by the county board in
26        subsection (g) of this Section, unless after

 

 

SB0423 Enrolled- 37 -LRB103 02875 RLC 47881 b

1        determining the inability of the defendant to pay the
2        fee, the court assesses a lesser fee or no fee as the
3        case may be. This fee shall be imposed in addition to
4        the fees imposed under subsections (g) and (i) of this
5        Section. The fee shall be collected by the clerk of the
6        circuit court, except as provided in an administrative
7        order of the Chief Judge of the circuit court. The
8        clerk of the circuit court shall pay all monies
9        collected from this fee to the county treasurer who
10        shall use the monies collected to defray the costs of
11        corrections. The county treasurer shall deposit the
12        fee collected in the probation and court services
13        fund. The Chief Judge of the circuit court of the
14        county may by administrative order establish a program
15        for electronic monitoring of offenders, in which a
16        vendor supplies and monitors the operation of the
17        electronic monitoring device, and collects the fees on
18        behalf of the county. The program shall include
19        provisions for indigent offenders and the collection
20        of unpaid fees. The program shall not unduly burden
21        the offender and shall be subject to review by the
22        Chief Judge.
23            The Chief Judge of the circuit court may suspend
24        any additional charges or fees for late payment,
25        interest, or damage to any device.
26        (11) comply with the terms and conditions of an order

 

 

SB0423 Enrolled- 38 -LRB103 02875 RLC 47881 b

1    of protection issued by the court pursuant to the Illinois
2    Domestic Violence Act of 1986, as now or hereafter
3    amended, or an order of protection issued by the court of
4    another state, tribe, or United States territory. A copy
5    of the order of protection shall be transmitted to the
6    probation officer or agency having responsibility for the
7    case;
8        (12) reimburse any "local anti-crime program" as
9    defined in Section 7 of the Anti-Crime Advisory Council
10    Act for any reasonable expenses incurred by the program on
11    the offender's case, not to exceed the maximum amount of
12    the fine authorized for the offense for which the
13    defendant was sentenced;
14        (13) contribute a reasonable sum of money, not to
15    exceed the maximum amount of the fine authorized for the
16    offense for which the defendant was sentenced, (i) to a
17    "local anti-crime program", as defined in Section 7 of the
18    Anti-Crime Advisory Council Act, or (ii) for offenses
19    under the jurisdiction of the Department of Natural
20    Resources, to the fund established by the Department of
21    Natural Resources for the purchase of evidence for
22    investigation purposes and to conduct investigations as
23    outlined in Section 805-105 of the Department of Natural
24    Resources (Conservation) Law;
25        (14) refrain from entering into a designated
26    geographic area except upon such terms as the court finds

 

 

SB0423 Enrolled- 39 -LRB103 02875 RLC 47881 b

1    appropriate. Such terms may include consideration of the
2    purpose of the entry, the time of day, other persons
3    accompanying the defendant, and advance approval by a
4    probation officer, if the defendant has been placed on
5    probation or advance approval by the court, if the
6    defendant was placed on conditional discharge;
7        (15) refrain from having any contact, directly or
8    indirectly, with certain specified persons or particular
9    types of persons, including but not limited to members of
10    street gangs and drug users or dealers;
11        (16) refrain from having in his or her body the
12    presence of any illicit drug prohibited by the Cannabis
13    Control Act, the Illinois Controlled Substances Act, or
14    the Methamphetamine Control and Community Protection Act,
15    unless prescribed by a physician, and submit samples of
16    his or her blood or urine or both for tests to determine
17    the presence of any illicit drug;
18        (17) if convicted for an offense committed on or after
19    June 1, 2008 (the effective date of Public Act 95-464)
20    that would qualify the accused as a child sex offender as
21    defined in Section 11-9.3 or 11-9.4 of the Criminal Code
22    of 1961 or the Criminal Code of 2012, refrain from
23    communicating with or contacting, by means of the
24    Internet, a person who is related to the accused and whom
25    the accused reasonably believes to be under 18 years of
26    age; for purposes of this paragraph (17), "Internet" has

 

 

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1    the meaning ascribed to it in Section 16-0.1 of the
2    Criminal Code of 2012; and a person is related to the
3    accused if the person is: (i) the spouse, brother, or
4    sister of the accused; (ii) a descendant of the accused;
5    (iii) a first or second cousin of the accused; or (iv) a
6    step-child or adopted child of the accused;
7        (18) if convicted for an offense committed on or after
8    June 1, 2009 (the effective date of Public Act 95-983)
9    that would qualify as a sex offense as defined in the Sex
10    Offender Registration Act:
11            (i) not access or use a computer or any other
12        device with Internet capability without the prior
13        written approval of the offender's probation officer,
14        except in connection with the offender's employment or
15        search for employment with the prior approval of the
16        offender's probation officer;
17            (ii) submit to periodic unannounced examinations
18        of the offender's computer or any other device with
19        Internet capability by the offender's probation
20        officer, a law enforcement officer, or assigned
21        computer or information technology specialist,
22        including the retrieval and copying of all data from
23        the computer or device and any internal or external
24        peripherals and removal of such information,
25        equipment, or device to conduct a more thorough
26        inspection;

 

 

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1            (iii) submit to the installation on the offender's
2        computer or device with Internet capability, at the
3        subject's expense, of one or more hardware or software
4        systems to monitor the Internet use; and
5            (iv) submit to any other appropriate restrictions
6        concerning the offender's use of or access to a
7        computer or any other device with Internet capability
8        imposed by the offender's probation officer; and
9        (19) refrain from possessing a firearm or other
10    dangerous weapon where the offense is a misdemeanor that
11    did not involve the intentional or knowing infliction of
12    bodily harm or threat of bodily harm.
13    (c) The court may as a condition of probation or of
14conditional discharge require that a person under 18 years of
15age found guilty of any alcohol, cannabis or controlled
16substance violation, refrain from acquiring a driver's license
17during the period of probation or conditional discharge. If
18such person is in possession of a permit or license, the court
19may require that the minor refrain from driving or operating
20any motor vehicle during the period of probation or
21conditional discharge, except as may be necessary in the
22course of the minor's lawful employment.
23    (d) An offender sentenced to probation or to conditional
24discharge shall be given a certificate setting forth the
25conditions thereof.
26    (e) Except where the offender has committed a fourth or

 

 

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1subsequent violation of subsection (c) of Section 6-303 of the
2Illinois Vehicle Code, the court shall not require as a
3condition of the sentence of probation or conditional
4discharge that the offender be committed to a period of
5imprisonment in excess of 6 months. This 6-month limit shall
6not include periods of confinement given pursuant to a
7sentence of county impact incarceration under Section 5-8-1.2.
8    Persons committed to imprisonment as a condition of
9probation or conditional discharge shall not be committed to
10the Department of Corrections.
11    (f) The court may combine a sentence of periodic
12imprisonment under Article 7 or a sentence to a county impact
13incarceration program under Article 8 with a sentence of
14probation or conditional discharge.
15    (g) An offender sentenced to probation or to conditional
16discharge and who during the term of either undergoes
17mandatory drug or alcohol testing, or both, or is assigned to
18be placed on an approved electronic monitoring device, shall
19be ordered to pay all costs incidental to such mandatory drug
20or alcohol testing, or both, and all costs incidental to such
21approved electronic monitoring in accordance with the
22defendant's ability to pay those costs. The county board with
23the concurrence of the Chief Judge of the judicial circuit in
24which the county is located shall establish reasonable fees
25for the cost of maintenance, testing, and incidental expenses
26related to the mandatory drug or alcohol testing, or both, and

 

 

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1all costs incidental to approved electronic monitoring,
2involved in a successful probation program for the county. The
3concurrence of the Chief Judge shall be in the form of an
4administrative order. The fees shall be collected by the clerk
5of the circuit court, except as provided in an administrative
6order of the Chief Judge of the circuit court. The clerk of the
7circuit court shall pay all moneys collected from these fees
8to the county treasurer who shall use the moneys collected to
9defray the costs of drug testing, alcohol testing, and
10electronic monitoring. The county treasurer shall deposit the
11fees collected in the county working cash fund under Section
126-27001 or Section 6-29002 of the Counties Code, as the case
13may be. The Chief Judge of the circuit court of the county may
14by administrative order establish a program for electronic
15monitoring of offenders, in which a vendor supplies and
16monitors the operation of the electronic monitoring device,
17and collects the fees on behalf of the county. The program
18shall include provisions for indigent offenders and the
19collection of unpaid fees. The program shall not unduly burden
20the offender and shall be subject to review by the Chief Judge.
21    The Chief Judge of the circuit court may suspend any
22additional charges or fees for late payment, interest, or
23damage to any device.
24    (h) Jurisdiction over an offender may be transferred from
25the sentencing court to the court of another circuit with the
26concurrence of both courts. Further transfers or retransfers

 

 

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1of jurisdiction are also authorized in the same manner. The
2court to which jurisdiction has been transferred shall have
3the same powers as the sentencing court. The probation
4department within the circuit to which jurisdiction has been
5transferred, or which has agreed to provide supervision, may
6impose probation fees upon receiving the transferred offender,
7as provided in subsection (i). For all transfer cases, as
8defined in Section 9b of the Probation and Probation Officers
9Act, the probation department from the original sentencing
10court shall retain all probation fees collected prior to the
11transfer. After the transfer, all probation fees shall be paid
12to the probation department within the circuit to which
13jurisdiction has been transferred.
14    (i) The court shall impose upon an offender sentenced to
15probation after January 1, 1989 or to conditional discharge
16after January 1, 1992 or to community service under the
17supervision of a probation or court services department after
18January 1, 2004, as a condition of such probation or
19conditional discharge or supervised community service, a fee
20of $50 for each month of probation or conditional discharge
21supervision or supervised community service ordered by the
22court, unless after determining the inability of the person
23sentenced to probation or conditional discharge or supervised
24community service to pay the fee, the court assesses a lesser
25fee. The court may not impose the fee on a minor who is placed
26in the guardianship or custody of the Department of Children

 

 

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1and Family Services under the Juvenile Court Act of 1987 while
2the minor is in placement. The fee shall be imposed only upon
3an offender who is actively supervised by the probation and
4court services department. The fee shall be collected by the
5clerk of the circuit court. The clerk of the circuit court
6shall pay all monies collected from this fee to the county
7treasurer for deposit in the probation and court services fund
8under Section 15.1 of the Probation and Probation Officers
9Act.
10    A circuit court may not impose a probation fee under this
11subsection (i) in excess of $25 per month unless the circuit
12court has adopted, by administrative order issued by the chief
13judge, a standard probation fee guide determining an
14offender's ability to pay. Of the amount collected as a
15probation fee, up to $5 of that fee collected per month may be
16used to provide services to crime victims and their families.
17    The Court may only waive probation fees based on an
18offender's ability to pay. The probation department may
19re-evaluate an offender's ability to pay every 6 months, and,
20with the approval of the Director of Court Services or the
21Chief Probation Officer, adjust the monthly fee amount. An
22offender may elect to pay probation fees due in a lump sum. Any
23offender that has been assigned to the supervision of a
24probation department, or has been transferred either under
25subsection (h) of this Section or under any interstate
26compact, shall be required to pay probation fees to the

 

 

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1department supervising the offender, based on the offender's
2ability to pay.
3    Public Act 93-970 deletes the $10 increase in the fee
4under this subsection that was imposed by Public Act 93-616.
5This deletion is intended to control over any other Act of the
693rd General Assembly that retains or incorporates that fee
7increase.
8    (i-5) In addition to the fees imposed under subsection (i)
9of this Section, in the case of an offender convicted of a
10felony sex offense (as defined in the Sex Offender Management
11Board Act) or an offense that the court or probation
12department has determined to be sexually motivated (as defined
13in the Sex Offender Management Board Act), the court or the
14probation department shall assess additional fees to pay for
15all costs of treatment, assessment, evaluation for risk and
16treatment, and monitoring the offender, based on that
17offender's ability to pay those costs either as they occur or
18under a payment plan.
19    (j) All fines and costs imposed under this Section for any
20violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
21Code, or a similar provision of a local ordinance, and any
22violation of the Child Passenger Protection Act, or a similar
23provision of a local ordinance, shall be collected and
24disbursed by the circuit clerk as provided under the Criminal
25and Traffic Assessment Act.
26    (k) Any offender who is sentenced to probation or

 

 

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1conditional discharge for a felony sex offense as defined in
2the Sex Offender Management Board Act or any offense that the
3court or probation department has determined to be sexually
4motivated as defined in the Sex Offender Management Board Act
5shall be required to refrain from any contact, directly or
6indirectly, with any persons specified by the court and shall
7be available for all evaluations and treatment programs
8required by the court or the probation department.
9    (l) The court may order an offender who is sentenced to
10probation or conditional discharge for a violation of an order
11of protection be placed under electronic surveillance as
12provided in Section 5-8A-7 of this Code.
13(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
 
14    Section 10. The Illinois Crime Reduction Act of 2009 is
15amended by changing Section 10 as follows:
 
16    (730 ILCS 190/10)
17    Sec. 10. Evidence-based programming.
18    (a) Purpose. Research and practice have identified new
19strategies and policies that can result in a significant
20reduction in recidivism rates and the successful local
21reintegration of offenders. The purpose of this Section is to
22ensure that State and local agencies direct their resources to
23services and programming that have been demonstrated to be
24effective in reducing recidivism and reintegrating offenders

 

 

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1into the locality.
2    (b) Evidence-based programming in local supervision.
3        (1) The Parole Division of the Department of
4    Corrections and the Prisoner Review Board shall adopt
5    policies, rules, and regulations that, within the first
6    year of the adoption, validation, and utilization of the
7    statewide, standardized risk assessment tool described in
8    this Act, result in at least 25% of supervised individuals
9    being supervised in accordance with evidence-based
10    practices; within 3 years of the adoption, validation, and
11    utilization of the statewide, standardized risk assessment
12    tool result in at least 50% of supervised individuals
13    being supervised in accordance with evidence-based
14    practices; and within 5 years of the adoption, validation,
15    and utilization of the statewide, standardized risk
16    assessment tool result in at least 75% of supervised
17    individuals being supervised in accordance with
18    evidence-based practices. The policies, rules, and
19    regulations shall:
20            (A) Provide for a standardized individual case
21        plan that follows the offender through the criminal
22        justice system (including in-prison if the supervised
23        individual is in prison) that is:
24                (i) Based on the assets of the individual as
25            well as his or her risks and needs identified
26            through the assessment tool as described in this

 

 

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1            Act.
2                (ii) Comprised of treatment and supervision
3            services appropriate to achieve the purpose of
4            this Act.
5                (iii) Consistently updated, based on program
6            participation by the supervised individual and
7            other behavior modification exhibited by the
8            supervised individual.
9            (B) Concentrate resources and services on
10        high-risk offenders.
11            (C) Provide for the use of evidence-based
12        programming related to education, job training,
13        cognitive behavioral therapy, and other programming
14        designed to reduce criminal behavior.
15            (D) Establish a system of graduated responses.
16                (i) The system shall set forth a menu of
17            presumptive responses for the most common types of
18            supervision violations.
19                (ii) The system shall be guided by the model
20            list of intermediate sanctions created by the
21            Probation Services Division of the State of
22            Illinois pursuant to subsection (1) of Section 15
23            of the Probation and Probation Officers Act and
24            the system of intermediate sanctions created by
25            the Chief Judge of each circuit court pursuant to
26            Section 5-6-1 of the Unified Code of Corrections.

 

 

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1                (iii) The system of responses shall take into
2            account factors such as the severity of the
3            current violation; the supervised individual's
4            risk level as determined by a validated assessment
5            tool described in this Act; the supervised
6            individual's assets; his or her previous criminal
7            record; and the number and severity of any
8            previous supervision violations.
9                (iv) The system shall also define positive
10            reinforcements that supervised individuals may
11            receive for compliance with conditions of
12            supervision.
13                (v) Response to violations should be swift and
14            certain and should be imposed as soon as
15            practicable but no longer than 3 working days of
16            detection of the violation behavior.
17                (vi) The system of graduated responses shall
18            be published on the Department of Corrections
19            website for public view.
20        (2) Conditions of local supervision (probation and
21    mandatory supervised release). Conditions of local
22    supervision whether imposed by a sentencing judge or the
23    Prisoner Review Board shall be imposed in accordance with
24    the offender's risks, assets, and needs as identified
25    through the assessment tool described in this Act.
26        (3) The Department of Corrections and the Prisoner

 

 

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1    Review Board shall annually publish an exemplar copy of
2    any evidence-based assessments, questionnaires, or other
3    instruments used to set conditions of release.
4    (c) Evidence-based in-prison programming.
5        (1) The Department of Corrections shall adopt
6    policies, rules, and regulations that, within the first
7    year of the adoption, validation, and utilization of the
8    statewide, standardized risk assessment tool described in
9    this Act, result in at least 25% of incarcerated
10    individuals receiving services and programming in
11    accordance with evidence-based practices; within 3 years
12    of the adoption, validation, and utilization of the
13    statewide, standardized risk assessment tool result in at
14    least 50% of incarcerated individuals receiving services
15    and programming in accordance with evidence-based
16    practices; and within 5 years of the adoption, validation,
17    and utilization of the statewide, standardized risk
18    assessment tool result in at least 75% of incarcerated
19    individuals receiving services and programming in
20    accordance with evidence-based practices. The policies,
21    rules, and regulations shall:
22            (A) Provide for the use and development of a case
23        plan based on the risks, assets, and needs identified
24        through the assessment tool as described in this Act.
25        The case plan should be used to determine in-prison
26        programming; should be continuously updated based on

 

 

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1        program participation by the prisoner and other
2        behavior modification exhibited by the prisoner; and
3        should be used when creating the case plan described
4        in subsection (b).
5            (B) Provide for the use of evidence-based
6        programming related to education, job training,
7        cognitive behavioral therapy and other evidence-based
8        programming.
9            (C) Establish education programs based on a
10        teacher to student ratio of no more than 1:30.
11            (D) Expand the use of drug prisons, modeled after
12        the Sheridan Correctional Center, to provide
13        sufficient drug treatment and other support services
14        to non-violent inmates with a history of substance
15        abuse.
16        (2) Participation and completion of programming by
17    prisoners can impact earned time credit as determined
18    under Section 3-6-3 of the Unified Code of Corrections.
19        (3) The Department of Corrections shall provide its
20    employees with intensive and ongoing training and
21    professional development services to support the
22    implementation of evidence-based practices. The training
23    and professional development services shall include
24    assessment techniques, case planning, cognitive behavioral
25    training, risk reduction and intervention strategies,
26    effective communication skills, substance abuse treatment

 

 

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1    education and other topics identified by the Department or
2    its employees.
3    (d) The Parole Division of the Department of Corrections
4and the Prisoner Review Board shall provide their employees
5with intensive and ongoing training and professional
6development services to support the implementation of
7evidence-based practices. The training and professional
8development services shall include assessment techniques, case
9planning, cognitive behavioral training, risk reduction and
10intervention strategies, effective communication skills,
11substance abuse treatment education, and other topics
12identified by the agencies or their employees.
13    (e) The Department of Corrections, the Prisoner Review
14Board, and other correctional entities referenced in the
15policies, rules, and regulations of this Act shall design,
16implement, and make public a system to evaluate the
17effectiveness of evidence-based practices in increasing public
18safety and in successful reintegration of those under
19supervision into the locality. Annually, each agency shall
20submit to the Sentencing Policy Advisory Council a
21comprehensive report on the success of implementing
22evidence-based practices. The data compiled and analyzed by
23the Council shall be delivered annually to the Governor and
24the General Assembly.
25    (f) The Department of Corrections and the Prisoner Review
26Board shall release a report annually published on their

 

 

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1websites that reports the following information about the
2usage of electronic monitoring and GPS monitoring as a
3condition of parole and mandatory supervised release during
4the prior calendar year:
5        (1) demographic data of individuals on electronic
6    monitoring and GPS monitoring, separated by the following
7    categories:
8            (A) race or ethnicity;
9            (B) gender; and
10            (C) age;
11        (2) incarceration data of individuals subject to
12    conditions of electronic or GPS monitoring, separated by
13    the following categories:
14            (A) highest class of offense for which the
15        individuals are currently serving a term of release;
16        and
17            (B) length of imprisonment served prior to the
18        current release period;
19        (3) the number of individuals subject to conditions of
20    electronic or GPS monitoring, separated by the following
21    categories:
22            (A) the number of individuals subject to
23        monitoring under Section 5-8A-6 of the Unified Code of
24        Corrections;
25            (B) the number of individuals subject monitoring
26        under Section 5-8A-7 of the Unified Code of

 

 

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1        Corrections;
2            (C) the number of individuals subject to
3        monitoring under a discretionary order of the Prisoner
4        Review Board at the time of their release; and
5            (D) the number of individuals subject to
6        monitoring as a sanction for violations of parole or
7        mandatory supervised release, separated by the
8        following categories:
9                (i) the number of individuals subject to
10            monitoring as part of a graduated sanctions
11            program; and
12                (ii) the number of individuals subject to
13            monitoring as a new condition of re-release after
14            a revocation hearing before the Prisoner Review
15            Board;
16        (4) the number of discretionary monitoring orders
17    issued by the Prisoner Review Board, separated by the
18    following categories:
19            (A) less than 30 days;
20            (B) 31 to 60 days;
21            (C) 61 to 90 days;
22            (D) 91 to 120 days;
23            (E) 121 to 150 days;
24            (F) 151 to 180 days;
25            (G) 181 to 364 days;
26            (H) 365 days or more; and

 

 

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1            (I) duration of release term;
2        (5) the number of discretionary monitoring orders by
3    the Board which removed or terminated monitoring prior to
4    the completion of the original period ordered;
5        (6) the number and severity category for sanctions
6    imposed on individuals on electronic or GPS monitoring,
7    separated by the following categories:
8            (A) absconding from electronic monitoring or GPS;
9            (B) tampering or removing the electronic
10        monitoring or GPS device;
11            (C) unauthorized leaving of the residence;
12            (D) presence of the individual in a prohibited
13        area; or
14            (E) other violations of the terms of the
15        electronic monitoring program;
16        (7) the number of individuals for whom a parole
17    revocation case was filed for failure to comply with the
18    terms of electronic or GPS monitoring, separated by the
19    following categories:
20            (A) cases when failure to comply with the terms of
21        monitoring was the sole violation alleged; and
22            (B) cases when failure to comply with the terms of
23        monitoring was alleged in conjunction with other
24        alleged violations;
25        (8) residential data for individuals subject to
26    electronic or GPS monitoring, separated by the following

 

 

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1    categories:
2            (A) the county of the residence address for
3        individuals subject to electronic or GPS monitoring as
4        a condition of their release; and
5            (B) for counties with a population over 3,000,000,
6        the zip codes of the residence address for individuals
7        subject to electronic or GPS monitoring as a condition
8        of their release;
9        (9) the number of individuals for whom parole
10    revocation cases were filed due to violations of paragraph
11    (1) of subsection (a) of Section 3-3-7 of the Unified Code
12    of Corrections, separated by the following categories:
13            (A) the number of individuals whose violation of
14        paragraph (1) of subsection (a) of Section 3-3-7 of
15        the Unified Code of Corrections allegedly occurred
16        while the individual was subject to conditions of
17        electronic or GPS monitoring;
18            (B) the number of individuals who had violations
19        of paragraph (1) of subsection (a) of Section 3-3-7 of
20        the Unified Code of Corrections alleged against them
21        who were never subject to electronic or GPS monitoring
22        during their current term of release; and
23            (C) the number of individuals who had violations
24        of paragraph (1) of subsection (a) of Section 3-3-7 of
25        the Unified Code of Corrections alleged against them
26        who were subject to electronic or GPS monitoring for

 

 

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1        any period of time during their current term of their
2        release, but who were not subject to such monitoring
3        at the time of the alleged violation of paragraph (1)
4        of subsection (a) of Section 3-3-7 of the Unified Code
5        of Corrections.
6(Source: P.A. 101-231, eff. 1-1-20; 102-558, eff. 8-20-21.)