Judiciary II - Criminal Law Committee

Adopted in House Comm. on Mar 12, 2009

 

 


 

 


 
09600HB0327ham001 LRB096 03069 RLC 22894 a

1
AMENDMENT TO HOUSE BILL 327

2     AMENDMENT NO. ______. Amend House Bill 327 by replacing
3 everything after the enacting clause with the following:
 
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. 95-983)
8     Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
9 Release.
10     (a) The conditions of parole or mandatory supervised
11 release shall be such as the Prisoner Review Board deems
12 necessary to assist the subject in leading a law-abiding life.
13 The conditions of every parole and mandatory supervised release
14 are that the subject:
15         (1) not violate any criminal statute of any
16     jurisdiction during the parole or release term;

 

 

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1         (2) refrain from possessing a firearm or other
2     dangerous weapon;
3         (3) report to an agent of the Department of
4     Corrections;
5         (4) permit the agent to visit him or her at his or her
6     home, employment, or elsewhere to the extent necessary for
7     the agent to discharge his or her duties;
8         (5) attend or reside in a facility established for the
9     instruction or residence of persons on parole or mandatory
10     supervised release;
11         (6) secure permission before visiting or writing a
12     committed person in an Illinois Department of Corrections
13     facility;
14         (7) report all arrests to an agent of the Department of
15     Corrections as soon as permitted by the arresting authority
16     but in no event later than 24 hours after release from
17     custody;
18         (7.5) if convicted of a sex offense as defined in the
19     Sex Offender Management Board Act, the individual shall
20     undergo and successfully complete sex offender treatment
21     conducted in conformance with the standards developed by
22     the Sex Offender Management Board Act by a treatment
23     provider approved by the Board;
24         (7.6) if convicted of a sex offense as defined in the
25     Sex Offender Management Board Act, refrain from residing at
26     the same address or in the same condominium unit or

 

 

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1     apartment unit or in the same condominium complex or
2     apartment complex with another person he or she knows or
3     reasonably should know is a convicted sex offender or has
4     been placed on supervision for a sex offense; the
5     provisions of this paragraph do not apply to a person
6     convicted of a sex offense who is placed in a Department of
7     Corrections licensed transitional housing facility for sex
8     offenders, or is in any facility operated or licensed by
9     the Department of Children and Family Services or by the
10     Department of Human Services, or is in any licensed medical
11     facility;
12         (7.7) if convicted for an offense that would qualify
13     the accused as a sexual predator under the Sex Offender
14     Registration Act on or after the effective date of this
15     amendatory Act of the 94th General Assembly, wear an
16     approved electronic monitoring device as defined in
17     Section 5-8A-2 for the duration of the person's parole,
18     mandatory supervised release term, or extended mandatory
19     supervised release term and if convicted for an offense of
20     criminal sexual assault, aggravated criminal sexual
21     assault, predatory criminal sexual assault of a child,
22     criminal sexual abuse, aggravated criminal sexual abuse,
23     or ritualized abuse of a child committed on or after the
24     effective date of this amendatory Act of the 96th General
25     Assembly when the victim was under 18 years of age at the
26     time of the commission of the offense and the defendant

 

 

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1     used force or the threat of force in the commission of the
2     offense wear an approved electronic monitoring device as
3     defined in Section 5-8A-2 that has Global Positioning
4     System (GPS) capability for the duration of the person’s
5     parole, mandatory supervised release term, or extended
6     mandatory supervised release term;
7         (7.8) if convicted for an offense committed on or after
8     the effective date of this amendatory Act of the 95th
9     General Assembly that would qualify the accused as a child
10     sex offender as defined in Section 11-9.3 or 11-9.4 of the
11     Criminal Code of 1961, refrain from communicating with or
12     contacting, by means of the Internet, a person who is not
13     related to the accused and whom the accused reasonably
14     believes to be under 18 years of age; for purposes of this
15     paragraph (7.8), "Internet" has the meaning ascribed to it
16     in Section 16J-5 of the Criminal Code of 1961; and a person
17     is not related to the accused if the person is not: (i) the
18     spouse, brother, or sister of the accused; (ii) a
19     descendant of the accused; (iii) a first or second cousin
20     of the accused; or (iv) a step-child or adopted child of
21     the accused;
22         (7.9) if convicted under Section 11-6, 11-20.1,
23     11-20.3, or 11-21 of the Criminal Code of 1961, consent to
24     search of computers, PDAs, cellular phones, and other
25     devices under his or her control that are capable of
26     accessing the Internet or storing electronic files, in

 

 

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1     order to confirm Internet protocol addresses reported in
2     accordance with the Sex Offender Registration Act and
3     compliance with conditions in this Act;
4         (7.10) if convicted for an offense that would qualify
5     the accused as a sex offender or sexual predator under the
6     Sex Offender Registration Act on or after the effective
7     date of this amendatory Act of the 95th General Assembly,
8     not possess prescription drugs for erectile dysfunction;
9         (7.11) if convicted for an offense under Section 11-6,
10     11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal
11     Code of 1961, or any attempt to commit any of these
12     offenses, committed on or after June 1, 2009 (the effective
13     date of Public Act 95-983) this amendatory Act of the 95th
14     General Assembly:
15             (i) not access or use a computer or any other
16         device with Internet capability without the prior
17         written approval of the Department;
18             (ii) submit to periodic unannounced examinations
19         of the offender's computer or any other device with
20         Internet capability by the offender's supervising
21         agent, a law enforcement officer, or assigned computer
22         or information technology specialist, including the
23         retrieval and copying of all data from the computer or
24         device and any internal or external peripherals and
25         removal of such information, equipment, or device to
26         conduct a more thorough 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         offender'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 Board, the Department or the offender's
9         supervising agent;
10         (8) obtain permission of an agent of the Department of
11     Corrections before leaving the State of Illinois;
12         (9) obtain permission of an agent of the Department of
13     Corrections before changing his or her residence or
14     employment;
15         (10) consent to a search of his or her person,
16     property, or residence under his or her control;
17         (11) refrain from the use or possession of narcotics or
18     other controlled substances in any form, or both, or any
19     paraphernalia related to those substances and submit to a
20     urinalysis test as instructed by a parole agent of the
21     Department of Corrections;
22         (12) not frequent places where controlled substances
23     are illegally sold, used, distributed, or administered;
24         (13) not knowingly associate with other persons on
25     parole or mandatory supervised release without prior
26     written permission of his or her parole agent and not

 

 

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

 

 

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1         (17) if convicted of a violation of an order of
2     protection under Section 12-30 of the Criminal Code of
3     1961, be placed under electronic surveillance as provided
4     in Section 5-8A-7 of this Code.
5     (b) The Board may in addition to other conditions require
6 that the subject:
7         (1) work or pursue a course of study or vocational
8     training;
9         (2) undergo medical or psychiatric treatment, or
10     treatment for drug addiction or alcoholism;
11         (3) attend or reside in a facility established for the
12     instruction or residence of persons on probation or parole;
13         (4) support his dependents;
14         (5) (blank);
15         (6) (blank);
16         (7) comply with the terms and conditions of an order of
17     protection issued pursuant to the Illinois Domestic
18     Violence Act of 1986, enacted by the 84th General Assembly,
19     or an order of protection issued by the court of another
20     state, tribe, or United States territory;
21         (7.5) if convicted for an offense committed on or after
22     the effective date of this amendatory Act of the 95th
23     General Assembly that would qualify the accused as a child
24     sex offender as defined in Section 11-9.3 or 11-9.4 of the
25     Criminal Code of 1961, refrain from communicating with or
26     contacting, by means of the Internet, a person who is

 

 

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1     related to the accused and whom the accused reasonably
2     believes to be under 18 years of age; for purposes of this
3     paragraph (7.5), "Internet" has the meaning ascribed to it
4     in Section 16J-5 of the Criminal Code of 1961; and a person
5     is related to the accused if the person is: (i) the spouse,
6     brother, or sister of the accused; (ii) a descendant of the
7     accused; (iii) a first or second cousin of the accused; or
8     (iv) a step-child or adopted child of the accused;
9         (7.6) if convicted for an offense committed on or after
10     June 1, 2009 (the effective date of Public Act 95-983) this
11     amendatory Act of the 95th General Assembly that would
12     qualify as a sex offense as defined in the Sex Offender
13     Registration Act:
14             (i) not access or use a computer or any other
15         device with Internet capability without the prior
16         written approval of the Department;
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 supervising
20         agent, a law enforcement officer, or assigned computer
21         or information technology specialist, including the
22         retrieval and copying of all data from the computer or
23         device and any internal or external peripherals and
24         removal of such information, equipment, or device to
25         conduct a more thorough inspection;
26             (iii) submit to the installation on the offender's

 

 

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1         computer or device with Internet capability, at the
2         offender's expense, of one or more hardware or software
3         systems to monitor the Internet use; and
4             (iv) submit to any other appropriate restrictions
5         concerning the offender's use of or access to a
6         computer or any other device with Internet capability
7         imposed by the Board, the Department or the offender's
8         supervising agent; and
9         (8) in addition, if a minor:
10             (i) reside with his parents or in a foster home;
11             (ii) attend school;
12             (iii) attend a non-residential program for youth;
13         or
14             (iv) contribute to his own support at home or in a
15         foster home.
16     (b-1) In addition to the conditions set forth in
17 subsections (a) and (b), persons required to register as sex
18 offenders pursuant to the Sex Offender Registration Act, upon
19 release from the custody of the Illinois Department of
20 Corrections, may be required by the Board to comply with the
21 following specific conditions of release:
22         (1) reside only at a Department approved location;
23         (2) comply with all requirements of the Sex Offender
24     Registration Act;
25         (3) notify third parties of the risks that may be
26     occasioned by his or her criminal record;

 

 

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1         (4) obtain the approval of an agent of the Department
2     of Corrections prior to accepting employment or pursuing a
3     course of study or vocational training and notify the
4     Department prior to any change in employment, study, or
5     training;
6         (5) not be employed or participate in any volunteer
7     activity that involves contact with children, except under
8     circumstances approved in advance and in writing by an
9     agent of the Department of Corrections;
10         (6) be electronically monitored for a minimum of 12
11     months from the date of release as determined by the Board;
12         (7) refrain from entering into a designated geographic
13     area except upon terms approved in advance by an agent of
14     the Department of Corrections. The terms may include
15     consideration of the purpose of the entry, the time of day,
16     and others accompanying the person;
17         (8) refrain from having any contact, including written
18     or oral communications, directly or indirectly, personally
19     or by telephone, letter, or through a third party with
20     certain specified persons including, but not limited to,
21     the victim or the victim's family without the prior written
22     approval of an agent of the Department of Corrections;
23         (9) refrain from all contact, directly or indirectly,
24     personally, by telephone, letter, or through a third party,
25     with minor children without prior identification and
26     approval of an agent of the Department of Corrections;

 

 

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1         (10) neither possess or have under his or her control
2     any material that is sexually oriented, sexually
3     stimulating, or that shows male or female sex organs or any
4     pictures depicting children under 18 years of age nude or
5     any written or audio material describing sexual
6     intercourse or that depicts or alludes to sexual activity,
7     including but not limited to visual, auditory, telephonic,
8     or electronic media, or any matter obtained through access
9     to any computer or material linked to computer access use;
10         (11) not patronize any business providing sexually
11     stimulating or sexually oriented entertainment nor utilize
12     "900" or adult telephone numbers;
13         (12) not reside near, visit, or be in or about parks,
14     schools, day care centers, swimming pools, beaches,
15     theaters, or any other places where minor children
16     congregate without advance approval of an agent of the
17     Department of Corrections and immediately report any
18     incidental contact with minor children to the Department;
19         (13) not possess or have under his or her control
20     certain specified items of contraband related to the
21     incidence of sexually offending as determined by an agent
22     of the Department of Corrections;
23         (14) may be required to provide a written daily log of
24     activities if directed by an agent of the Department of
25     Corrections;
26         (15) comply with all other special conditions that the

 

 

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1     Department may impose that restrict the person from
2     high-risk situations and limit access to potential
3     victims;
4         (16) take an annual polygraph exam;
5         (17) maintain a log of his or her travel; or
6         (18) obtain prior approval of his or her parole officer
7     before driving alone in a motor vehicle.
8     (c) The conditions under which the parole or mandatory
9 supervised release is to be served shall be communicated to the
10 person in writing prior to his release, and he shall sign the
11 same before release. A signed copy of these conditions,
12 including a copy of an order of protection where one had been
13 issued by the criminal court, shall be retained by the person
14 and another copy forwarded to the officer in charge of his
15 supervision.
16     (d) After a hearing under Section 3-3-9, the Prisoner
17 Review Board may modify or enlarge the conditions of parole or
18 mandatory supervised release.
19     (e) The Department shall inform all offenders committed to
20 the Department of the optional services available to them upon
21 release and shall assist inmates in availing themselves of such
22 optional services upon their release on a voluntary basis.
23     (f) When the subject is in compliance with all conditions
24 of his or her parole or mandatory supervised release, the
25 subject shall receive a reduction of the period of his or her
26 parole or mandatory supervised release of 90 days upon passage

 

 

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1 of the high school level Test of General Educational
2 Development during the period of his or her parole or mandatory
3 supervised release. This reduction in the period of a subject's
4 term of parole or mandatory supervised release shall be
5 available only to subjects who have not previously earned a
6 high school diploma or who have not previously passed the high
7 school level Test of General Educational Development.
8 (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05;
9 94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08;
10 95-579, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09;
11 95-876, eff. 8-21-08; 95-983, eff. 6-1-09; revised 10-20-08.)
 
12     Section 99. Effective date. This Act takes effect June 1,
13 2009.".