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

    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.


LRB097 07236 RLC 47344 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3583LRB097 07236 RLC 47344 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 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
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 release
13are 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

 

 

HB3583- 2 -LRB097 07236 RLC 47344 b

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 of
7    Corrections as soon as permitted by the arresting authority
8    but in no event later than 24 hours after release from
9    custody;
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
14    the Sex Offender Management Board Act by a treatment
15    provider approved by the Board;
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

 

 

HB3583- 3 -LRB097 07236 RLC 47344 b

1    the Department of Children and Family Services or by the
2    Department of Human Services, or is in any licensed medical
3    facility;
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

 

 

HB3583- 4 -LRB097 07236 RLC 47344 b

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;
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;
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

 

 

HB3583- 5 -LRB097 07236 RLC 47344 b

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;
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;
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;

 

 

HB3583- 6 -LRB097 07236 RLC 47344 b

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;
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;
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,

 

 

HB3583- 7 -LRB097 07236 RLC 47344 b

1    property, or residence under his or her control;
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
5    urinalysis test as instructed by a parole agent of the
6    Department of Corrections;
7        (12) not frequent places where controlled substances
8    are illegally sold, used, distributed, or administered;
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
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;
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
18    conduct while incarcerated, in response to inquiries by his
19    or her parole agent or of the Department of Corrections;
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

 

 

HB3583- 8 -LRB097 07236 RLC 47344 b

1    any time, as the agent deems appropriate;
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
17that 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 parole;
24        (4) support his dependents;
25        (5) (blank);
26        (6) (blank);

 

 

HB3583- 9 -LRB097 07236 RLC 47344 b

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
5    state, tribe, or United States territory;
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;

 

 

HB3583- 10 -LRB097 07236 RLC 47344 b

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
19        (8) in addition, if a minor:
20            (i) reside with his parents or in a foster home;
21            (ii) attend school;
22            (iii) attend a non-residential program for youth;
23        or
24            (iv) contribute to his own support at home or in a
25        foster home.
26    (b-1) In addition to the conditions set forth in

 

 

HB3583- 11 -LRB097 07236 RLC 47344 b

1subsections (a) and (b), persons required to register as sex
2offenders pursuant to the Sex Offender Registration Act, upon
3release from the custody of the Illinois Department of
4Corrections, may be required by the Board to comply with the
5following specific conditions of release:
6        (1) reside only at a Department approved location;
7        (2) comply with all requirements of the Sex Offender
8    Registration Act;
9        (3) notify third parties of the risks that may be
10    occasioned by his or her criminal record;
11        (4) obtain the approval of an agent of the Department
12    of Corrections prior to accepting employment or pursuing a
13    course of study or vocational training and notify the
14    Department prior to any change in employment, study, or
15    training;
16        (5) not be employed or participate in any volunteer
17    activity that involves contact with children, except under
18    circumstances approved in advance and in writing by an
19    agent of the Department of Corrections;
20        (6) be electronically monitored for a minimum of 12
21    months from the date of release as determined by the Board;
22        (7) refrain from entering into a designated geographic
23    area except upon terms approved in advance by an agent of
24    the Department of Corrections. The terms may include
25    consideration of the purpose of the entry, the time of day,
26    and others accompanying the person;

 

 

HB3583- 12 -LRB097 07236 RLC 47344 b

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

 

 

HB3583- 13 -LRB097 07236 RLC 47344 b

1    Department of Corrections and immediately report any
2    incidental contact with minor children to the Department;
3        (13) not possess or have under his or her control
4    certain specified items of contraband related to the
5    incidence of sexually offending as determined by an agent
6    of the Department of Corrections;
7        (14) may be required to provide a written daily log of
8    activities if directed by an agent of the Department of
9    Corrections;
10        (15) comply with all other special conditions that the
11    Department may impose that restrict the person from
12    high-risk situations and limit access to potential
13    victims;
14        (16) take an annual polygraph exam;
15        (17) maintain a log of his or her travel; or
16        (18) obtain prior approval of his or her parole officer
17    before driving alone in a motor vehicle.
18    (c) The conditions under which the parole or mandatory
19supervised release is to be served shall be communicated to the
20person in writing prior to his release, and he shall sign the
21same before release. A signed copy of these conditions,
22including a copy of an order of protection where one had been
23issued by the criminal court, shall be retained by the person
24and another copy forwarded to the officer in charge of his
25supervision.
26    (d) After a hearing under Section 3-3-9, the Prisoner

 

 

HB3583- 14 -LRB097 07236 RLC 47344 b

1Review Board may modify or enlarge the conditions of parole or
2mandatory supervised release.
3    (e) The Department shall inform all offenders committed to
4the Department of the optional services available to them upon
5release and shall assist inmates in availing themselves of such
6optional services upon their release on a voluntary basis.
7    (f) When the subject is in compliance with all conditions
8of his or her parole or mandatory supervised release, the
9subject shall receive a reduction of the period of his or her
10parole or mandatory supervised release of 90 days upon passage
11of the high school level Test of General Educational
12Development during the period of his or her parole or mandatory
13supervised release. This reduction in the period of a subject's
14term of parole or mandatory supervised release shall be
15available only to subjects who have not previously earned a
16high school diploma or who have not previously passed the high
17school level Test of General Educational Development.
18(Source: P.A. 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; 95-579,
19eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876,
20eff. 8-21-08; 95-983, eff. 6-1-09; 96-236, eff. 8-11-09;
2196-262, eff. 1-1-10; 96-328, eff. 8-11-09; 96-362, eff. 1-1-10;
2296-1000, eff. 7-2-10.)