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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3583 Introduced 2/24/2011, by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/3-3-7 | from Ch. 38, par. 1003-3-7 |
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Amends the Unified Code of Corrections. Provides that as a condition of parole and mandatory
supervised release the subject, if convicted for an offense that would qualify the accused as a sex offender under the Sex Offender Registration Act on or after the effective date of the amendatory Act, shall wear an approved electronic monitoring device that has Global Positioning System (GPS) capability for the duration of the person's natural life.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB3583 | | LRB097 07236 RLC 47344 b |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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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 | | Sec. 3-3-7. Conditions of Parole or Mandatory Supervised |
8 | | Release.
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9 | | (a) The conditions of parole or mandatory
supervised |
10 | | release shall be such as the Prisoner Review
Board deems |
11 | | necessary to assist the subject in leading a
law-abiding life. |
12 | | The conditions of every parole and mandatory
supervised release |
13 | | are that the subject:
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14 | | (1) not violate any criminal statute of any |
15 | | jurisdiction
during the parole or release term;
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16 | | (2) refrain from possessing a firearm or other |
17 | | dangerous
weapon;
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18 | | (3) report to an agent of the Department of |
19 | | Corrections;
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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;
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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;
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3 | | (6) secure permission before visiting or writing a |
4 | | committed person in an
Illinois Department
of Corrections |
5 | | facility;
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6 | | (7) report all arrests to an agent of the Department of |
7 | | Corrections as
soon as
permitted by the
arresting authority |
8 | | but in no event later than 24 hours after release from
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9 | | custody;
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10 | | (7.5) if convicted of a sex offense as defined in the |
11 | | Sex Offender
Management Board Act, the individual shall |
12 | | undergo and successfully complete
sex offender treatment |
13 | | conducted in conformance with the standards developed by
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14 | | the Sex
Offender Management Board Act by a treatment |
15 | | provider approved by the Board;
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16 | | (7.6) if convicted of a sex offense as defined in the |
17 | | Sex Offender
Management Board Act, refrain from residing at |
18 | | the same address or in the same condominium unit or |
19 | | apartment unit or in the same condominium complex or |
20 | | apartment complex with another person he or she knows or |
21 | | reasonably should know is a convicted sex offender or has |
22 | | been placed on supervision for a sex offense; the |
23 | | provisions of this paragraph do not apply to a person |
24 | | convicted of a sex offense who is placed in a Department of |
25 | | Corrections licensed transitional housing facility for sex |
26 | | offenders, or is in any facility operated or licensed by |
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1 | | the Department of Children and Family Services or by the |
2 | | Department of Human Services, or is in any licensed medical |
3 | | facility;
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4 | | (7.7) if convicted for an offense that would qualify |
5 | | the accused as a sexual predator under the Sex Offender |
6 | | Registration Act on or after the effective date of this |
7 | | amendatory Act of the 94th General Assembly and before the |
8 | | effective date of this amendatory Act of the 97th General |
9 | | Assembly , wear an approved electronic monitoring device as |
10 | | defined in Section 5-8A-2 for the duration of the person's |
11 | | parole, mandatory supervised release term, or extended |
12 | | mandatory supervised release term and if convicted for an |
13 | | offense of criminal sexual assault, aggravated criminal |
14 | | sexual assault, predatory criminal sexual assault of a |
15 | | child, criminal sexual abuse, aggravated criminal sexual |
16 | | abuse, or ritualized abuse of a child committed on or after |
17 | | August 11, 2009 (the effective date of Public Act 96-236) |
18 | | and before the effective date of this amendatory Act of the |
19 | | 97th General Assembly when the victim was under 18 years of |
20 | | age at the time of the commission of the offense and the |
21 | | defendant used force or the threat of force in the |
22 | | commission of the offense wear an approved electronic |
23 | | monitoring device as defined in Section 5-8A-2 that has |
24 | | Global Positioning System (GPS) capability for the |
25 | | duration of the person's parole, mandatory supervised |
26 | | release term, or extended mandatory supervised release |
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1 | | term and if convicted for an offense that would qualify the |
2 | | accused as a sex offender under the Sex Offender |
3 | | Registration Act on or after the effective date of this |
4 | | amendatory Act of the 97th General Assembly, wear an |
5 | | approved electronic monitoring device as defined in |
6 | | Section 5-8A-2 that has Global Positioning System (GPS) |
7 | | capability for the duration of the person's natural life ;
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8 | | (7.8) if convicted for an offense committed on or after |
9 | | the effective date of this amendatory Act of the 95th |
10 | | General Assembly that would qualify the accused as a child |
11 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the |
12 | | Criminal Code of 1961, refrain from communicating with or |
13 | | contacting, by means of the Internet, a person who is not |
14 | | related to the accused and whom the accused reasonably |
15 | | believes to be under 18 years of age; for purposes of this |
16 | | paragraph (7.8), "Internet" has the meaning ascribed to it |
17 | | in Section 16J-5 of the Criminal Code of 1961; and a person |
18 | | is not related to the accused if the person is not: (i) the |
19 | | spouse, brother, or sister of the accused; (ii) a |
20 | | descendant of the accused; (iii) a first or second cousin |
21 | | of the accused; or (iv) a step-child or adopted child of |
22 | | the accused;
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23 | | (7.9)
if convicted under Section 11-6, 11-20.1, |
24 | | 11-20.3, or 11-21 of the Criminal Code of 1961, consent to |
25 | | search of computers, PDAs, cellular phones, and other |
26 | | devices under his or her control that are capable of |
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1 | | accessing the Internet or storing electronic files, in |
2 | | order to confirm Internet protocol addresses reported in |
3 | | accordance with the Sex Offender Registration Act and |
4 | | compliance with conditions in this Act;
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5 | | (7.10)
if convicted for an offense that would qualify |
6 | | the accused as a sex offender or sexual predator under the |
7 | | Sex Offender Registration Act on or after the effective |
8 | | date of this amendatory Act of the 95th General Assembly, |
9 | | not possess prescription drugs for erectile dysfunction;
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10 | | (7.11) if convicted for an offense under Section 11-6, |
11 | | 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal |
12 | | Code of 1961, or any attempt to commit any of these |
13 | | offenses, committed on or after June 1, 2009 (the effective |
14 | | date of Public Act 95-983): |
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 | | (7.12) if convicted of a sex offense as defined in the |
11 | | Sex Offender
Registration Act committed on or after January |
12 | | 1, 2010 (the effective date of Public Act 96-262), refrain |
13 | | from accessing or using a social networking website as |
14 | | defined in Section 16D-2 of the Criminal Code of 1961;
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15 | | (7.13) if convicted of a sex offense as defined in |
16 | | Section 2 of the Sex Offender Registration Act committed on |
17 | | or after January 1, 2010 (the effective date of Public Act |
18 | | 96-362) that requires the person to register as a sex |
19 | | offender under that Act, may not knowingly use any computer |
20 | | scrub software on any computer that the sex offender uses; |
21 | | (8) obtain permission of an agent of the Department of |
22 | | Corrections before
leaving the
State of Illinois;
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23 | | (9) obtain permission of an agent of the Department of |
24 | | Corrections before
changing
his or her residence or |
25 | | employment;
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26 | | (10) consent to a search of his or her person, |
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1 | | property, or residence
under his or her
control;
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2 | | (11) refrain from the use or possession of narcotics or |
3 | | other controlled
substances in
any form, or both, or any |
4 | | paraphernalia related to those substances and submit
to a
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5 | | urinalysis test as instructed by a parole agent of the |
6 | | Department of
Corrections;
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7 | | (12) not frequent places where controlled substances |
8 | | are illegally sold,
used,
distributed, or administered;
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9 | | (13) not knowingly associate with other persons on |
10 | | parole or mandatory
supervised
release without prior |
11 | | written permission of his or her parole agent and not
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12 | | associate with
persons who are members of an organized gang |
13 | | as that term is defined in the
Illinois
Streetgang |
14 | | Terrorism Omnibus Prevention Act;
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15 | | (14) provide true and accurate information, as it |
16 | | relates to his or her
adjustment in the
community while on |
17 | | parole or mandatory supervised release or to his or her
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18 | | conduct
while incarcerated, in response to inquiries by his |
19 | | or her parole agent or of
the
Department of Corrections;
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20 | | (15) follow any specific instructions provided by the |
21 | | parole agent that
are consistent
with furthering |
22 | | conditions set and approved by the Prisoner Review Board or |
23 | | by
law,
exclusive of placement on electronic detention, to |
24 | | achieve the goals and
objectives of his
or her parole or |
25 | | mandatory supervised release or to protect the public. |
26 | | These
instructions by the parole agent may be modified at |
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1 | | any time, as the agent
deems
appropriate;
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2 | | (16) if convicted of a sex offense as defined in |
3 | | subsection (a-5) of Section 3-1-2 of this Code, unless the |
4 | | offender is a parent or guardian of the person under 18 |
5 | | years of age present in the home and no non-familial minors |
6 | | are present, not participate in a holiday event involving |
7 | | children under 18 years of age, such as distributing candy |
8 | | or other items to children on Halloween, wearing a Santa |
9 | | Claus costume on or preceding Christmas, being employed as |
10 | | a department store Santa Claus, or wearing an Easter Bunny |
11 | | costume on or preceding Easter; and |
12 | | (17) if convicted of a violation of an order of |
13 | | protection under Section 12-30 of the Criminal Code of |
14 | | 1961, be placed under electronic surveillance as provided |
15 | | in Section 5-8A-7 of this Code. |
16 | | (b) The Board may in addition to other conditions
require |
17 | | that the subject:
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18 | | (1) work or pursue a course of study or vocational |
19 | | training;
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20 | | (2) undergo medical or psychiatric treatment, or |
21 | | treatment
for drug addiction or alcoholism;
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22 | | (3) attend or reside in a facility established for the
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23 | | instruction or residence of persons on probation or parole;
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24 | | (4) support his dependents;
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25 | | (5) (blank);
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26 | | (6) (blank);
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1 | | (7) comply with the terms and conditions of an order of |
2 | | protection
issued pursuant to the Illinois Domestic |
3 | | Violence Act of 1986, enacted by the
84th General Assembly, |
4 | | or an order of protection issued by the court of another
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5 | | state, tribe, or United States territory;
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6 | | (7.5) if convicted for an offense committed on or after |
7 | | the effective date of this amendatory Act of the 95th |
8 | | General Assembly that would qualify the accused as a child |
9 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the |
10 | | Criminal Code of 1961, refrain from communicating with or |
11 | | contacting, by means of the Internet, a person who is |
12 | | related to the accused and whom the accused reasonably |
13 | | believes to be under 18 years of age; for purposes of this |
14 | | paragraph (7.5), "Internet" has the meaning ascribed to it |
15 | | in Section 16J-5 of the Criminal Code of 1961; and a person |
16 | | is related to the accused if the person is: (i) the spouse, |
17 | | brother, or sister of the accused; (ii) a descendant of the |
18 | | accused; (iii) a first or second cousin of the accused; or |
19 | | (iv) a step-child or adopted child of the accused; |
20 | | (7.6) if convicted for an offense committed on or after |
21 | | June 1, 2009 (the effective date of Public Act 95-983) that |
22 | | would qualify as a sex offense as defined in the Sex |
23 | | Offender Registration Act: |
24 | | (i) not access or use a computer or any other |
25 | | device with Internet capability without the prior |
26 | | written approval of the Department; |
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1 | | (ii) submit to periodic unannounced examinations |
2 | | of the offender's computer or any other device with |
3 | | Internet capability by the offender's supervising |
4 | | agent, a law enforcement officer, or assigned computer |
5 | | or information technology specialist, including the |
6 | | retrieval and copying of all data from the computer or |
7 | | device and any internal or external peripherals and |
8 | | removal of such information, equipment, or device to |
9 | | conduct a more thorough inspection; |
10 | | (iii) submit to the installation on the offender's |
11 | | computer or device with Internet capability, at the |
12 | | offender's expense, of one or more hardware or software |
13 | | systems to monitor the Internet use; and |
14 | | (iv) submit to any other appropriate restrictions |
15 | | concerning the offender's use of or access to a |
16 | | computer or any other device with Internet capability |
17 | | imposed by the Board, the Department or the offender's |
18 | | supervising agent; and
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19 | | (8) in addition, if a minor:
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20 | | (i) reside with his parents or in a foster home;
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21 | | (ii) attend school;
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22 | | (iii) attend a non-residential program for youth; |
23 | | or
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24 | | (iv) contribute to his own support at home or in a |
25 | | foster
home.
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26 | | (b-1) In addition to the conditions set forth in |
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1 | | subsections (a) and (b), persons required to register as sex |
2 | | offenders pursuant to the Sex Offender Registration Act, upon |
3 | | release from the custody of the Illinois Department of |
4 | | Corrections, may be required by the Board to comply with the |
5 | | following specific conditions of release: |
6 | | (1) reside only at a Department approved location; |
7 | | (2) comply with all requirements of the Sex Offender |
8 | | Registration Act;
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9 | | (3) notify
third parties of the risks that may be |
10 | | occasioned by his or her criminal record; |
11 | | (4) obtain the approval of an agent of the Department |
12 | | of Corrections prior to accepting employment or pursuing a |
13 | | course of study or vocational training and notify the |
14 | | Department prior to any change in employment, study, or |
15 | | training; |
16 | | (5) not be employed or participate in any
volunteer |
17 | | activity that involves contact with children, except under |
18 | | circumstances approved in advance and in writing by an |
19 | | agent of the Department of Corrections; |
20 | | (6) be electronically monitored for a minimum of 12 |
21 | | months from the date of release as determined by the Board;
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22 | | (7) refrain from entering into a designated
geographic |
23 | | area except upon terms approved in advance by an agent of |
24 | | the Department of Corrections. The terms may include |
25 | | consideration of the purpose of the entry, the time of day, |
26 | | and others accompanying the person; |
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1 | | (8) refrain from having any contact, including
written |
2 | | or oral communications, directly or indirectly, personally |
3 | | or by telephone, letter, or through a third party with |
4 | | certain specified persons including, but not limited to, |
5 | | the victim or the victim's family without the prior written |
6 | | approval of an agent of the Department of Corrections; |
7 | | (9) refrain from all contact, directly or
indirectly, |
8 | | personally, by telephone, letter, or through a third party, |
9 | | with minor children without prior identification and |
10 | | approval of an agent of the Department of Corrections; |
11 | | (10) neither possess or have under his or her
control |
12 | | any material that is sexually oriented, sexually |
13 | | stimulating, or that shows male or female sex organs or any |
14 | | pictures depicting children under 18 years of age nude or |
15 | | any written or audio material describing sexual |
16 | | intercourse or that depicts or alludes to sexual activity, |
17 | | including but not limited to visual, auditory, telephonic, |
18 | | or electronic media, or any matter obtained through access |
19 | | to any computer or material linked to computer access use; |
20 | | (11) not patronize any business providing
sexually |
21 | | stimulating or sexually oriented entertainment nor utilize |
22 | | "900" or adult telephone numbers; |
23 | | (12) not reside near, visit, or be in or about
parks, |
24 | | schools, day care centers, swimming pools, beaches, |
25 | | theaters, or any other places where minor children |
26 | | congregate without advance approval of an agent of the |
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1 | | Department of Corrections and immediately report any |
2 | | incidental contact with minor children to the Department; |
3 | | (13) not possess or have under his or her control
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4 | | certain specified items of contraband related to the |
5 | | incidence of sexually offending as determined by an agent |
6 | | of the Department of Corrections; |
7 | | (14) may be required to provide a written daily log of |
8 | | activities
if directed by an agent of the Department of |
9 | | Corrections; |
10 | | (15) comply with all other special conditions
that the |
11 | | Department may impose that restrict the person from |
12 | | high-risk situations and limit access to potential |
13 | | victims; |
14 | | (16) take an annual polygraph exam; |
15 | | (17) maintain a log of his or her travel; or |
16 | | (18) obtain prior approval of his or her parole officer |
17 | | before driving alone in a motor vehicle.
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18 | | (c) The conditions under which the parole or mandatory
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19 | | supervised release is to be served shall be communicated to
the |
20 | | person in writing prior to his release, and he shall
sign the |
21 | | same before release. A signed copy of these conditions,
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22 | | including a copy of an order of protection where one had been |
23 | | issued by the
criminal court, shall be retained by the person |
24 | | and another copy forwarded to
the officer in charge of his |
25 | | supervision.
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26 | | (d) After a hearing under Section 3-3-9, the Prisoner
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1 | | Review Board may modify or enlarge the conditions of parole
or |
2 | | mandatory supervised release.
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3 | | (e) The Department shall inform all offenders committed to
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4 | | the Department of the optional services available to them
upon |
5 | | release and shall assist inmates in availing themselves
of such |
6 | | optional services upon their release on a voluntary
basis. |
7 | | (f) When the subject is in compliance with all conditions |
8 | | of his or her parole or mandatory supervised release, the |
9 | | subject shall receive a reduction of the period of his or her |
10 | | parole or mandatory supervised release of 90 days upon passage |
11 | | of the high school level Test of General Educational |
12 | | Development during the period of his or her parole or mandatory |
13 | | supervised release. This reduction in the period of a subject's |
14 | | term of parole or mandatory supervised release shall be |
15 | | available only to subjects who have not previously earned a |
16 | | high school diploma or who have not previously passed the high |
17 | | school level Test of General Educational Development.
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18 | | (Source: P.A. 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; 95-579, |
19 | | eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876, |
20 | | eff. 8-21-08; 95-983, eff. 6-1-09; 96-236, eff. 8-11-09; |
21 | | 96-262, eff. 1-1-10; 96-328, eff. 8-11-09; 96-362, eff. 1-1-10; |
22 | | 96-1000, eff. 7-2-10.)
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